HERCULES CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CITY’S AUGUST 28, 2025 PROFESSIONAL SERVICES AGREEMENT WITH TERRAPHASE ENGINEERING, INC. TO PROVIDE DESIGN SERVICES FOR THE REFUGIO LAKE RESTORATION PROJECT, INCREASING THE COST BY $206,879 TO A TOTAL COST OF $238,620 AND AMEND THE FISCAL YEAR 2025-26 BUDGET BY $118,620 TO ALLOCATE FUNDS FROM THE GENERAL FUND/CAPITAL RESERVES TO PAY FOR THE ASSOCIATED DESIGN SERVICES.
WHEREAS, Refugio Lake is filling in with sediment, which is both unsightly and conducive to algae blooms; and WHEREAS, LSA Associates, Inc. (LSA) was selected to complete the 30% dredging plans and assist in obtaining the required permits from regulatory agencies for the Project in 2018, but LSA informed the City that the cost to haul away the dredged materials to an approved disposal center could be extremely high; WHEREAS, Terraphase Engineering, Inc. (Terraphase) is a subconsultant of LSA and performed sampling and analysis of the pond sediments for reuse or disposal in local areas rather than a disposal center, and Terraphase prepared an Ecological Risk Evaluation of Proposed Sediment Reuse; and WHEREAS, Terraphase was directly hired by the City in August 2025 under Contract 25-064-CM for an amount of $31,741 to identify all elements of the design and alternative approach to disposal that were not already addressed by LSA and their subconsultants; and WHEREAS, A sole source memorandum was approved by the City Manager on September 3, 2025 recognizing Terraphase’s licenses and experience to perform the work in a timely manner; and WHEREAS, Terraphase has submitted a proposal for $206,879 to organize and manage the design process, prepare a Stormwater Pollution Prevention Plan and submittal of the Notice of Intent for coverage under the Construction General Permit, develop a topographic survey of the Corporation Yard property, assist in confirming that the placement of dredged spoils on the Corp Yard property is the desired and economical approach to disposal, and other design details necessary to put the project out to bid; and WHEREAS, given the urgency to complete the lake restoration, it is recommended to allocate $118,620 from the General Fund/Capital Reserves to fully fund Terraphase’s agreement with the goal of lake restoration in 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
A Notice of Exemption was filed for the approved dredging Project in May 2019 as the Project involves maintenance of existing facilities and is still effective for the proposed work. The current Council action to approve additional design services and construction document preparation for the Project was contemplated by the original Project approval. Even if this action is considered separately, it is not a Project pursuant to the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines section 15378 because it is administrative and does not authorize any construction that could have an impact on the environment.
The City Council hereby authorizes the City Manager to execute Amendment No. 1 to Agreement 25-064-CM with Terraphase Engineering, Inc for a not to exceed amount of $238,620 to provide Design Services for the Refugio Lake Restoration Project.
The City Council authorizes the appropriation of $118,620 of General Fund/Capital Reserves to fully fund the agreement.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 28th day of October, 2025 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Dion Bailey, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
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