HAYWARD CITY COUNCIL
RESOLUTION NO. 22-____
Introduced by Council Member ______________
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH BROWN AND CALDWELL TO INCREASE THE CONTRACT AMOUNT BY $4,800,000, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $8,649,711 FOR THE FINAL DESIGN SERVICES FOR THE ADMINISTRATION AND LABORATORY BUILDING, PRIMARY EFFLUENT EQUALIZATION BASIN (EQ BASIN) RELOCATION PROJECTS, AND GEOTECHNICAL INVESTIGATION SERVICES FOR THE WATER POLLUTION CONTROL FACILITY (WPCF) IMPROVEMENTS PHASE II PROJECT, PROJECT NO. 07760 WHEREAS, the City of Hayward (City) owns and operates the Water Pollution Control Facility (WPCF), which treats an average flow of approximately eleven million gallons per day; and WHEARAS, in 2009, the City completed the construction of the WPCF Improvement Phase I Project that improved the reliability and efficiency of the WPCF’s secondary biological treatment and clarification processes; and WHEREAS, in February 27, 2018, the City entered into an agreement with Black & Veatch Corporation to perform engineering services for the WPCF Phase II Facilities Plan. The Phase II Facilities Plan serves as a comprehensive planning document for the WPCF infrastructure needs for the next twenty-five years; and WHEREAS, increasing nutrient loadings in the Bay is a growing concern for the Bay Area water quality community. The Water Board issued the first Nutrients Watershed Permit, adopted in 2014, that required Dischargers to evaluate the Bay’s response to current and future nutrient loads and to evaluate opportunities to remove nitrogen through treatment plant improvements or optimization; and WHEREAS, on May 8, 2019, the Water Board adopted the 2nd Nutrients Watershed Permit for managing nutrient discharges to the Bay and required further studies on the impacts of nutrients on the Bay and indicated a load-cap based nitrogen regulatory framework which will be utilized for establishing future nitrogen limits when issuing the 3rd Nutrients Watershed Permit in 2024; and WHEREAS, the City of Hayward agreed to be an early actor with plans to substantially reduce nutrients in the 2nd Watershed Permit. The benefits of being an early actor include should the Board impose future more stringent load limits, early actors will not be required to make further reductions during the design life of capital improvements; and WHEREAS, it is anticipated that the Water Board’s issuance of the 3rd Nutrients Watershed Permit in 2024 will establish nitrogen load limits. The nitrogen levels in the WPCF’s discharge will exceed the anticipated load limit by 2027. The future nitrogen limits necessitate the WPCF to upgrade the existing secondary process to reduce the nitrogen load in the wastewater discharge to the Bay; and WHEREAS, the main goal of the Phase II Project is to construct improvements necessary for nutrient removal in compliance with the Water Board’s 2nd Nutrient Watershed Permit early actor provisions; and WHEREAS, on March 15, 2022, staff issued a request for proposals (RFP) to award a contract for design and engineering services during construction for the WPCF Improvement - Phase II (Phase II) Project; and WHEREAS, in response to the RFP, the City received three (3) proposals and after objectively evaluating proposals, has determined that Brown and Caldwell possess the necessary experience and technical skills to perform the work; and WHEREAS, the City and Brown and Caldwell have negotiated a not-to-exceed amount of $24,737,324 of which $3,849,711 is for preliminary design services for the WPCF Phase II Project; and WHEREAS, on July 5, 2022, Council authorized preliminary design services for the Phase II project with Brown and Caldwell in a not-to-exceed amount of $3,849,711 for the WPCF Phase II Project, and WHEREAS, authorization of additional services are needed for final design of the early bid packages for the Administration and Laboratory Building, and Primary EQ Basin Relocation Projects, and Geotechnical Investigation Services in the amount of $4,800,000; and WHEREAS, the City and Brown and Caldwell will pursue financing under the California Clean Water State Revolving Fund (CWSRF) loan program and the U.S. Environmental Protection Agency (USEPA) Water Infrastructure Finance and Innovation Act (WIFIA) program; and WHEREAS, staff will return to City Council for approval to authorize the remainder of the Professional Engineering Services in a not-to-exceed amount of $16,087,613 for final design and engineering services including optional service tasks for the WPCF Phase II Project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hayward that the City Manager is hereby authorized and directed to execute, on behalf of the City of Hayward, an amendment to the existing professional services agreement with Brown and Caldwell for Final Design Services for the Administration and Laboratory Building, and EQ Basin Relocation Projects, and Geotechnical Investigation Services for the WPCF Phase II Project, increasing the contract by $4,800,000 for a total not-to-exceed amount of $8,649,711, in a form approved by the City Attorney.
IN COUNCIL, HAYWARD, CALIFORNIA _______________________, 2022 ADOPTED BY THE FOLLOWING VOTE:
AYES: COUNCIL MEMBERS:
MAYOR:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST: __________________________________________
City Clerk of the City of Hayward
APPROVED AS TO FORM:
__________________________________________
City Attorney of the City of Hayward
ATTACHMENT II