REPORT TO COUNCIL
SUBJECT
Title
Award a Consultant Services Agreement to HydroScience Engineers, Inc. in the Amount of $368,994 for Professional Services for the Water Pollution Control Plant Oxidation Pond Levee Rehabilitation Project (F25-058)
Report
REPORT IN BRIEF
Approval is requested to award a Consultant Services Agreement in the amount not to exceed $368,994 to provide Professional Services for Water Pollution Control Plant (WPCP) Oxidation Pond Levee Rehabilitation to HydroScience Engineers, Inc. of Sacramento, California. Approval is also requested for a 10% contingency in the amount not to exceed $36,899.
EXISTING POLICY
Pursuant to Section 2.08.040 of the Sunnyvale Municipal Code (SMC), City Council approval is required for contracts exceeding $250,000.
In accordance with Chapter 2.08 of the (SMC), 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.
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(a) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. It is anticipated that the rehabilitation project will be exempt under the categorical exemptions in the CEQA Guidelines, including Sections 15301, 15302 and 15303. The consultant’s scope of work includes confirmation and documentation of the CEQA clearance prior to City approval and commencement of any work involving physical changes to the environment.
BACKGROUND AND DISCUSSION
The oxidation ponds are contained by approximately eight miles of earthen levees formed by clamshell dredging and compaction. These levees form the containment, flow paths, and pumping structures that make up the WPCP Secondary Treatment Process. The levee roads allow the public to enjoy access to the lower south bay slough systems while keeping the Bay and Stormwater from entering the WPCP Secondary Treatment process. The WPCP levee system has not had any significant rehabilitation since the ponds were commissioned in the late 1960s.
This project consists of developing construction plans to rehabilitate and repair the various deficiencies along the interior eastern levee of the Oxidation East Pond. The improvements to rehabilitate the interior levee include, but are not limited to, widening access roads, raising levee height, raising subsided sections of the levee, repairing breaches and cracks, reinforcing/stabilizing slopes, relining/replacement of crossover pipes, removal of overgrown vegetation, and permanent erosion control measures for exposed slopes.
The selected consultant shall provide the following base services: project management, evaluation of existing conditions, design development, bid package preparation, bid services, and construction support services for a base service fee not to exceed $240,239. The consultant will also provide following optional services, if requested by the City: geotechnical observation services during construction, add northern segment to topographical survey, conceptual boundary base mapping, expanded construction support services for an optional services fee not to exceed $128,755.
On September 18, 2024, the City issued a Request for Proposal (RFP) for Consulting Services, which was advertised on the City's DemandStar public procurement platform. One proposal was received from HydroScience Engineers, Inc.
After a comprehensive evaluation process, HydroScience Engineers, Inc. was selected as the preferred proposer. The firm provided evidence of extensive experience and proven success in delivering projects of comparable scope and complexity.
FISCAL IMPACT
Budget for this project is available in Project 831730 - WPCP Oxidation Pond Levee Rehabilitation. A project budget financial summary is included as Attachment 2 to the report.
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 NOVA Workforce Services 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:
- Award a Consultant Services Agreement to HydroScience Engineers, Inc. in the amount of $368,994 to provide professional services for Water Pollution Control Plant oxidation pond levee rehabilitation in substantially the same form as Attachment 1 to the report;
- Authorize the City Manager to execute the agreement when all the necessary conditions have been met; and
- Approve a 10% contingency in the amount not to exceed $36,899; and
- Authorize the City Manager to adjust the not-to-exceed amount by up to $36,899 based on available budget, operational needs, and the continued acceptability of pricing and services 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: Dennis Jaw, Acting Director of Finance
Reviewed by: Chip Taylor, Director of Public Works
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Consultant Service Agreement
2. Project Budget Summary Sheet 831730 - Water Pollution Control Plant Oxidation Pond Levee Rehabilitation