CITY COUNCIL ACTION REQUEST
Department(s):
Public Works
CEQA:
Exempt, File No. PP18-
003, Flood Recovery
Projects resulting from
late January 2017 storms.
Coordination:
CAO, CMO – Budget
Office
Dept. Approval:
/s/ Matt Cano
Council District(s):
4 CMO Approval:
3/30/2022
SUBJECT: FOURTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES WITH
SHERWOOD DESIGN ENGINEERS, LTD FOR THE ALUM ROCK PARK VISITOR
CENTER AND SERVICE ROAD SLIDE REPAIR
RECOMMENDATION:
Approve the Fourth Amendment to Agreement for Consultant Services with Sherwood Design Engineers, Ltd. (Sherwood) for design and construction support for the Alum Rock Park Visitor Center and Service Road Slide Repair and extend the term of the agreement retroactive from February 1, 2022 to January 31, 2024, with no change in maximum compensation.
BASIS FOR RECOMMENDATION:
On August 14, 2018, City Council approved a consultant services agreement (Agreement) with Fall Creek Engineering, Inc., a civil engineer firm, to provide professional engineering services for the Alum Rock Park Visitor Center and Service Road Slide Repair projects (Projects) related to the restoration and stabilization of the service road and the slopes behind the visitor center and the Mineral Springs restroom, and mitigation of any other damages. The Agreement’s maximum compensation was $480,165, and the term ended on July 31, 2020.
On April 1, 2019, Sherwood acquired the assets of Fall Creek Engineering, Inc. pursuant to an asset Purchase Agreement. Fall Creek Engineering was dissolved on April 1, 2019. On July 12, 2019, the City consented to the assignment of the Agreement to Sherwood. This consent to assignment is recorded as the first amendment.
On July 24, 2020, the Agreement was extended six months to January 31, 2021 by a City Manager-approved second amendment. On March 9, 2021, the Agreement was extended 12 months to January 31, 2022 by a City Council-approved third amendment. The Projects were postponed due to the COVID-19 pandemic and pending Federal Emergency Management Agency (FEMA) approval. To ensure the Sherwood team remains on the Projects to complete the design and provide support during bid/award and construction phase of the Projects, these extensions were necessary.
The design of the Projects is nearly complete. FEMA review and approval of the National Environmental Policy Act analysis, and the Environmental and Historic Preservation to establish federal funding eligibility for the construction of the Projects, is taking longer than anticipated. To ensure the completion of the Projects in a timely manner, it is imperative that the Sherwood team remains on the Projects to complete the design and provide support during bid/award and construction phase of the Projects.
The recommended 24-month term extension to this Agreement would allow sufficient time to complete the remaining National Environmental Policy Act and Environmental and Historic Preservation coordination with FEMA, final design plans and specifications, bid/award process, construction supports, and FEMA review for reimbursement processes. No increase in maximum compensation is required.
Climate Smart San José: The recommendation in this memorandum has no effect on Climate Smart San José energy, water, or mobility goals.
Commission Recommendation/Input: No commission recommendation or input is associated with this action.
COUNCIL AGENDA: 04/12/22
FILE: 22-480
ITEM: 2.12
COST AND FUNDING SOURCE:
Fund 391 – Construction and Conveyance Tax Fund: City-wide Parks Purposes.
FOR QUESTIONS CONTACT: Mathew Nguyen, Deputy Director, Public Works Department, at (408) 535-8384