City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-00933 5/21/2024 Consent Item 1.
First Amendment to Cost Share Agreement for Design of Lower Beach Lake Overflow Berm Rehabilitation
File ID: 2024-00933
Location: District 8, Represented by Councilmember Vang Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Supplemental Agreement No. 1 to Cost Share Agreement 2023-0761 with the County of Sacramento and the Sacramento Area Sewer District for the design of the Lower Beach Lake Overflow Berm Rehabilitation Project, bringing the agreement’s total not-to-exceed amount to $392,000.
Contact: Raymond Kong, Project Manager, [email protected], (916) 808-1435; Brett Grant, Supervising Engineer, [email protected], (916) 808-1413; Sherill Huun, Engineering & Water Resources Division Manager, [email protected], (916) 808-1455; Pravani Vandeyar, Director, [email protected], (916) 808-3765; Department of Utilities
Presenter: None.
Attachments:
1-Description/Analysis
2-Supplemental Agreement
Additional Description/Analysis
Issue Detail: Under a Cost Share Agreement, the City of Sacramento partnered with the County of Sacramento and the Sacramento Area Sewer District to work on the design of the rehabilitation of the overflow berm that separates Lower Beach Lake and Morrison Creek. The City of Sacramento, County of Sacramento, and the Sacramento Area Sewer District have mutually agreed to amend the Cost Share Agreement due to increases in design cost and permitting fees.
The Lower Beach Lake Overflow Berm is a critical asset that provides flood storage and maintains habitat for protected species. The berm is experiencing significant seepage and deterioration. If it fails, it will impact the operation of Drainage Sump 90, will cause harm to Regional San’s bufferlands, and impact the County of Sacramento’s ability to manage low flows in Morrison Creek. As a result,
File ID: 2024-00933 5/21/2024 Consent Item 1.
the three agencies agreed to share the cost to design a repair of the overflow berm.
Policy Considerations: The proposed supplemental agreement exceeds the City Manager’s approval authority, requiring Council approval.
Economic Impacts: None.
Environmental Considerations: Per the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), approval of the proposed amendment to the Cost Share Agreement is exempt from CEQA, under the general rule that CEQA only applies to actions with potential to significantly affect the environment. Approval of this amendment to the Cost Share Agreement for additional design and permitting services will not affect the environment. Appropriate evaluation and documentation of the project as required by CEQA will be completed prior to final project approval.
Sustainability: The proposed project is consistent with the 2040 General Plan Goal and Policy PFS-
3.1 - Provision of Adequate Utilities as the project provides reliable stormwater drainage utility services.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Approval of this Recommendation is necessary to continue to provide flood storage and mitigate environmental damages.
Financial Considerations: The original not-to-exceed amount of the agreement was $247,000. The proposed Supplemental Agreement No. 1, in the amount of $145,000, would increase the agreement not-to-exceed amount to $392,000. Each outside agency has agreed to a cost share of $130,667.
DOU’s cost share will be $130,667 plus City staff time. Sufficient funds are available in the Drainage Channel Improvement Program (W14130400, Fund 6011) for the City portion of the agreement.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): Not applicable.
1 First Amendment To Cost Share Agreement for Design of Lower Beach Lake Overflow Berm Rehabilitation Project
THIS FIRST AMENDMENT is made and entered into this ________ day of ________________ 2024, by and between the Department of Utilities for the City of Sacramento (“City”), a municipal corporation; the County of Sacramento (“County”), a political subdivision of the State of CA; and the Sacramento Area Sewer District (“District” , formerly the Sacramento Regional County Sanitation District), a special district formed under CA Health and Safety Code 4700, et seq. Each of the foregoing agencies is herein referred to in the singular as a “Party” and collectively as the “Parties. ” Recitals
WHEREAS, on or about June 14, 2023, City, County and the Sacramento Regional County Sanitation District entered into the “Cost Share Agreement for Design of Lower Beach Lake Overflow Berm Rehabilitation Project” (the “Original Agreement”); and WHEREAS, under the Original Agreement, the Parties estimated that total engineering design costs for the Berm Rehabilitation Project (“the Project”) would not exceed $247,000, with each Party contributing an amount not to exceed $82,333; and WHEREAS, subsequent to the execution of the Original Agreement, City entered into contracts with Wood Rogers, Inc. and Geocon Consultants, Inc. and anticipates executing a third contract with Ascent Environmental, Inc. (“Consultants”) and Consultants have begun engineering design work on the Project; and
WHEREAS, City has issued initial invoices in the amount of $19,483 (each) to County and District pursuant to the cost share provisions of the Original Agreement; and WHEREAS, the Parties and Consultants have determined that Project costs, including Consultants’ scope and permitting fees will be higher than estimated in the Original Agreement; and
WHEREAS, since the mutual execution of the Original Agreement, the Sacramento Regional County Sanitation District merged with the Sacramento Area Sewer District and the combined entity is now known as Sacramento Area Sewer District or “SacSewer”.
NOW, THEREFORE, the Original Agreement is amended as follows:
I. Section 1 of the Original Agreement is revised in its entirety to read as follows:
The City agrees to perform the following activities:
2 A. Administer and manage Professional Services Agreements with qualified design, environmental, and geotechnical firms to provide pre-design, design, and environmental permitting services for the Project in accordance with the City’s contracting procedures and requirements.
B. Pay the Consultants’ invoices, Project permitting fees, and any filing fees (together, “Project Costs”) up to $392,000 and thereafter issue detailed itemized invoices to the County and the District on a monthly basis, or on such other basis as may be agreed to by all three Parties, for reimbursement of Project Costs. Reimbursable Project Costs do not include City staff time and costs. Once the 100% engineer’s estimate is developed, a separate cost share agreement will be executed between the parties for the construction phase of the Project.
C. Provide the County and the District with copies of the design deliverables.
II. Section 2 of the Original Agreement is revised in its entirety to read as follows:
The County agrees to reimburse City one-third of the Project Costs actually incurred by the City up to and including the bid and award phase of the Project, not later than 30 days after receipt of the City’s invoices. This reimbursement amount shall not exceed $130,667 without amendment of this Agreement.
III. Section 3 of the Original Agreement is revised in its entirety to read as follows:
The District agrees to reimburse City one-third of the Project Costs actually incurred by the City up to and including the bid and award phase of the Project, not later than 30 days after receipt of the City’s invoices. This reimbursement amount shall not exceed $130,667 without amendment of this Agreement.
IV. Section 5 of the Original Agreement is revised in its entirety to read as follows:
Each Party shall, to the fullest extent allowed by law, indemnify, hold harmless and defend the other Party or Parties, its directors, officers, agents, employees, and contractors from any actions, liability or other expenses (including reasonable attorney fees) for any damages or injury to persons or property, occurring by reason 3 of any negligent or wrongful act or omission by the indemnifying Party, its officers, employees, or contractors under this agreement.
V. Section 6 of the Original Agreement is amended to: (a) replace the City contact with:
Raymond Kong
1395 35th Ave.
Sacramento, CA 95822
(916) 808-1435 / [email protected]
and (b) revise the email contact for the County:
VI. In all other sections and paragraphs of the Original Agreement, this First Amendment and any future amendments, the Sacramento Regional County Sanitation District shall be known and identified as the Sacramento Area Sewer District, “SacSewer” or “District” .
VII. Section 12 is added to the Original Agreement to state as follows:
All actions, obligations and rights of the Parties, whether exercised or arising under the Original Agreement shall be subject to the terms of the first amendment to the Agreement.
VIII. Section 13 is added to the Original Agreement to state as follows:
Each of the Parties shall have the right to terminate this Agreement, as amended, due to a material breach of its terms by another Party. The breaching Party shall have ten (10) days to cure the breach after written notification by the terminating Party.
IX. Section 14 is added to the Original Agreement to state as follows:
4 This Agreement shall expire, unless amended, upon: (1) the completion of the design phase of the Project within the cost total set forth in Section 1.B., (2) Consultant’s exceedance of the Project cost total set forth in Section 1.B., or (3) June 30, 2026, if neither (1) nor (2) occurs by that date.
X. In all other respects, the above referenced Original Agreement, as amended herein, remains in full force and effect.
This Agreement, as amended, and any attachments hereto, constitute the entire understanding between the Parties concerning the subject matter contained herein.
XI. This Amendment shall be deemed effective as of the date that all of the Parties have signed below.
CITY OF SACRAMENTO
By: ________________________
Ryan Moore
Assistant City Manager
Date: ______________________
By: ________________________
City Attorney
Date: ______________________
By: ________________________
City Clerk
Date: ______________________
COUNTY OF SACRAMENTO
By: _________________________
Matt Satow
Director, Department of Water
Resources
Date: _______________________
SACRAMENTO AREA SEWER DISTRICT
By: ___________________________
5 [name]
[title]
Date: _________________________