3 6
0 DATE: September 16, 2024
TO: Mayor and Members of the City Council
VIA: Stefan Chatwin, City Manager
Marlene Subhashini, Assistant City Manager
FROM: Andrew Brozyna, Public Works Director/City Engineer Laura Galli, Engineering Manager
Francine Magno, Senior Civil Engineer
DEPARTMENT: Public Works
SUBJECT: CONTRACT AMENDMENT NO. SIX (6) IN THE AMOUNT OF $25,000 WITH SCHAAF & WHEELER CONSULTING CIVIL
ENGINEERS FOR PHASE III SERVICES FOR THE LEVEE
PROTECTION PLANNING AND IMPROVEMENTS PROJECT
(CIP 327-657)
RECOMMENDATION
It is recommended that the City Council adopt the attached resolution authorizing the Mayor to execute Contract Amendment No. Six (6) to Phase III – Bidding, Construction Support Services and Project Closeout (Phase III) contract with Schaaf & Wheeler Consulting Civil Engineers (S&W) in the amount of $25,000 for the Levee Protection Planning and Improvements Project (CIP 327-657).
EXECUTIVE SUMMARY
The levee certification process through the Federal Emergency Management Agency (FEMA) ensures that the Flood Insurance Rate Map (FIRM) for the Foster City area is updated to reflect the completed levee improvements for FEMA accreditation.
Contract Amendment No. 6 (CA #6) will provide for continued levee certification assistance for an iterative data request and comment process with FEMA that was not contemplated in the original scope of work. The proposed fees, for the not-to- exceed amount of $25,000 have been determined reasonable. Funding is available
3 6
0 in the project budget established for CIP 327-657.
BACKGROUND
Over the course of the last 10 years, the City has engaged S&W via three contracts to perform professional services for the various stages of the Levee Improvements Project including:
1. Phase 1 – Preliminary Design and CEQA Environmental Reporting (Resolution No. 2015-78; September 8, 2015; closed contract totaled $887,644)
2. Phase 2 – Final Design and Environmental Permitting (Resolution No. 2016-73; October 17, 2016; closed contract totaled $2,853,436)
3. Phase 3 – Construction Support (Resolution No. 2020-130; November 16, 2020; current contract $4,356,745 authorized)
The City Council adopted City Resolution No. 2020-130 authorizing the Mayor to execute an agreement with S&W, in an amount not-to-exceed $2,600,000 for the Phase 3 services on November 16, 2020. A total of five Contract Amendments were approved equaling $1,756,745 as summarized below:
•Contract Amendment No. 1 – ($46,745); May 3, 2021; City Resolution No. 2021- 49 – Added scope for the development of interpretive signage design and narrative panels that were required as part of the San Francisco Bay Conservation and Development Commission (BCDC) permit.
•Contract Amendment No. 2 – ($162,000); May 17, 2021; City Resolution No. 2021-65 – Added additional clapper rail bird nesting monitoring and surveys for the remainder of the calendar year 2021 to Huffman-Broadway Group’s (HBG) scope (the environmental subconsultant).
•Contract Amendment No. 3 – ($400,000); April 4, 2022; City Resolution No. 2022- 34 –Added as-needed environmental monitoring by HBG for calendar year 2022, support services for access point redesigns, and public outreach and communications.
•Contract Amendment No. 4 – ($760,000); December 5, 2022; City Resolution No. 2022-140 – Addressed additional environmental compliance/monitoring performed by HBG in 2023 and preparation of irrigation plans for adjacent HOA properties impacted by construction.
•Contract Amendment No. 5 – ($388,000); June 20, 2023; City Resolution No. 2023-77 – Addressed additional geotechnical testing required to ensure the structural integrity of the levee following an unanticipated atmospheric river event It also addressed additional bird nesting monitoring that was required by BCDC, to allow light construction work to continue during the restricted bird work window.
ANALYSIS
The certification process ensures that the Flood Insurance Rate Map (FIRM) for the Foster City area is updated to reflect the completed levee improvements. On February 3 6
0 12, 2024, S&W submitted to FEMA, a package consisting of a post construction verification survey of the levee’s top of flood protection elements as well as record drawings reflecting the improvements. Based on S&W’s recent experience working with FEMA for accreditation of the City of San Mateo’s levee, staff was informed that there would likely be multiple rounds of additional comments from FEMA after the initial submittal, that had not been built into S&W’s scope of work when Phase 3 of their contract was executed back in November 2020. On July 21, 2024, as predicted, FEMA responded to the City’s submittal, with a request for various additional pieces of data before completing their review. The original cost proposal did not anticipate or include provisions for an iterative review process and more effort is required to provide this additional information to achieve FEMA accreditation.
CA #6 in the amount of $25,000 provides for the additional support services not included in the original scope but are necessary for the City to obtain FEMA accreditation for the Levee project. The scope of work includes the preparation of responses to comments and requests for additional data, including filling out requested forms, providing additional documentation and analyses, coordination with the City of San Mateo to address multijurisdictional questions, and an allowance for subsequent data requests. The City is required to respond to the first round of FEMA comments by October 19, 2024.
CALIFORNIA ENVIRONMENTAL QUALITY ACT
An Environmental Impact Report (EIR) was prepared for the Levee Protection Planning and Improvements Project (State Clearinghouse No. 2016012012), with subsequent addendums. Approval of CA #6 (which would allow S&W to respond to FEMA’s request for more data to complete the process) would not result in any changes or additions or any new information requiring a subsequent EIR pursuant to CEQA Guidelines section 15162 or an addendum pursuant to CEQA Guidelines section 15164.
FISCAL IMPACT
The attached contract is for time and materials for a not-to-exceed amount of $25,000, which has been broken into two phases: $12,500 for the current data request and $12,500 for any additional rounds of comments that may be requested by FEMA. Should there be no further rounds of review, the unused budget for the additional rounds of review would be returned to the project budget. With the execution of CA #6, the revised contract amount is $4,381,745. Adequate funding is available for the additional scope from the Project budget (CIP 327-657).
CITY COUNCIL VISION, MISSION, AND VALUE/PRIORITY AREA
Facilities and Infrastructure
3 6
0 ATTACHMENTS:
Attachment 1 – Resolution
Attachment 2 – Schaaf & Wheeler Contract Amendment No. Six (6)