____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting:
Disposition:
Agenda Item No: 4.i
Meeting Date: March 17, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: Public Works
Prepared by:
Theo Sanchez, Associate Civil Engineer
April Miller, Public Works Director
City Manager Approval: ___________
TOPIC: SAN QUENTIN PUMP STATION RECONSTRUCTION
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A FIFTH
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ADDITIONAL
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE SUPPORT SERVICES
ASSOCIATED WITH THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $43,950, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $592,103
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a fifth amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for additional construction and environmental compliance support services associated with the San Quentin Pump Station Reconstruction Project, in the amount not to exceed $43,950, for a revised total agreement amount $592,103.
BACKGROUND:
On October 21, 2024, the City Council approved a fourth amendment with CSW/Stuber-Stroeh Engineering Group, Inc. (“CSW|ST2”) for construction support services for the San Quentin Pump Station Reconstruction project. Project delays related to supply chain issues affected the arrival of electrical components, which are now estimated to be ready by March 2025.
ANALYSIS:
Additional delays related to supply chain issues for the electrical components have pushed the estimated project completion date back to Fall 2025. The two primary electrical items that have been delayed are the motor control center and automatic transfer switch. By March 2024, the contractor had completed all construction items that do not depend on these items, so the contract was suspended until the electrical items could arrive.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
To comply with the conditions of the regulatory permits, restarting the project will require preconstruction biological monitoring. As the initial biological monitoring was already completed by a subconsultant of CSW|ST2, staff recommends amending their current agreement to include a sufficient budget to allow them to redo these items.
FISCAL IMPACT:
The current FY 2024-25 budget includes appropriations totaling $8.4 million within the Stormwater Fund (205) for the San Quentin Pump Station Project.
CSW/Stuber-Stroeh Engineering Group, Inc. has estimated that $43,950 would be needed to continue to provide additional construction and environmental compliance support services previously described.
This would increase their total contract amount to $592,103.
OPTIONS:
1. Adopt resolution as presented.
2. Do not adopt the resolution and provide further direction to staff.
RECOMMENDED ACTION:
Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute a fifth amendment to the professional services agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for additional construction and environmental compliance support services associated with the San Quentin Pump Station Reconstruction Project, in the amount not to exceed $43,950 for a revised total agreement amount $592,103.
ATTACHMENTS:
1. Resolution
2. Fifth Amendment
RESOLUTION NO. _______
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE CITY MANAGER
TO EXECUTE A FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ADDITIONAL
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE SUPPORT SERVICES
ASSOCIATED WITH THE SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT, IN THE AMOUNT NOT TO EXCEED $43,950, FOR A REVISED TOTAL AGREEMENT AMOUNT OF $592,103
WHEREAS, pursuant to the City Council Resolution No. 14440, the City of San Rafael entered into a Professional Services Agreement dated December 26, 2017, with CSW/StuberStroeh Engineering Group, Inc. (“CSW/Stuber-Stroeh”), for preliminary engineering design services associated with the San Quentin Pump Station Reconstruction Project (the “Project”) in an amount not-to-exceed $128,038; and
WHEREAS, pursuant to the City Council Resolution No. 14591, the City of San Rafael awarded a first amendment dated October 1, 2018, for final engineering design and environmental clearance services required to prepare construction plans/specifications as well as secure all environmental clearance documents and regulatory permits for the Project in an amount not-to-exceed $245,979; and
WHEREAS, pursuant to the City Council Resolution No. 15151, the City of San Rafael awarded a second amendment dated October 17, 2022, to the Professional Services Agreement for additional bid, construction, and environment compliance support services from CSW/StuberStroeh to deliver the construction phase of the Project in an amount not-to-exceed $130,550; and
WHEREAS, the City of San Rafael awarded a third amendment dated January 16, 2024, to the Professional Services Agreement for additional construction support services from CSW/Stuber-Stroeh in an amount not-to-exceed $19,313; and WHEREAS, the City of San Rafael awarded a fourth amendment dated October 21, 2024, to the Professional Services Agreement for additional construction support services from CSW/Stuber-Stroeh in an amount not-to-exceed $24,273; and WHEREAS, the City of San Rafael requires additional construction and environmental compliance support services from CSW/Stuber-Stroeh to deliver the construction phase of the Project; and
WHEREAS, staff received a proposal from CSW/Stuber-Stroeh for said services in a total amount not to exceed $43,950; and
WHEREAS, the current FY 2024-25 budget includes appropriations totaling $8.4 million within the Stormwater Fund (205) for the San Quentin Pump Station Reconstruction Project (Project No. 11334).
WHEREAS, staff has reviewed the proposal and found it to be complete and within industry standards;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
1. The City Manager is hereby authorized to execute a Fifth Amendment to the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for bid, construction, and environmental compliance support services in the amount of $43,950 for a total contract amount of $592,103, in a form approved by the City Attorney.
2. The Director of Public Works is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City on Monday the 17th day of March 2025, by the following vote, to wit:
AYES: Councilmembers: None
NOES: Councilmembers: None
ABSENT: Councilmembers: None
Lindsay Lara, City Clerk
1 FIFTH AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ENGINEERING DESIGN
SERVICES ASSOCIATED WITH THE
SAN QUENTIN PUMP STATION RECONSTRUCTION PROJECT
THIS FIFTH AMENDMENT to the Professional Services Agreement by and between the CITY OF SAN RAFAEL (hereinafter “CITY”), and CSW/STUBER-STROEH ENGINEERING GROUP, INC. (hereinafter “CONSULTANT”), is made and entered into as of ______________________.
RECITALS
WHEREAS, the CITY and CONSULTANT entered into a Professional Services Agreement dated December 26, 2017 to perform professional services in connection with CITY’S San Quentin Pump Station Reconstruction Project, for an amount not to exceed $128,038 (the “Agreement”); and
WHEREAS, the CITY and CONSULTANT entered into a First Amendment to the Professional Services Agreement dated October 1, 2018 to perform additional professional services for an amount not to exceed $245,979, and increasing the total not to exceed amount under the Agreement to $374,017; and
WHEREAS, the CITY and CONSULTANT entered into a Second Amendment to the Professional Services Agreement dated November 5, 2022 to perform additional professional services for an amount not to exceed $130,550, and increasing the total not to exceed amount under the Agreement to $504,567; and
WHEREAS, the CITY and CONSULTANT entered into a Third Amendment to the Professional Services Agreement dated May 2, 2024 to perform additional professional services for an amount not to exceed $19,313, and increasing the total not to exceed amount under the Agreement to $523,880; and
WHEREAS, the CITY and CONSULTANT entered into a Fourth Amendment to the Professional Services Agreement dated October 24, 2024 to extend the Term of the Agreement through March 1, 2026 and to perform additional professional services for an amount not to exceed $24,273, and increasing the total not to exceed amount under the Agreement to $548,153; and
2 WHEREAS, CITY requires additional professional services from the CONSULTANT, and the CONSULTANT is willing to provide such services.
AMENDMENT TO AGREEMENT
NOW, THEREFORE, the parties hereby agree to amend the Agreement as follows:
1. Paragraph 2 of the Agreement, entitled “DUTIES OF CONTRACTOR” is hereby amended to include the additional services set forth in CONSULTANT’s proposal dated March 5, 2025, attached to this Fifth Amendment as Exhibit A and incorporated herein by reference.
2. Paragraph 4 of the Agreement, entitled “COMPENSATION” is hereby amended to include additional compensation payable to CONSULTANT for the services described in Exhibit A to this Fifth Amendment, on a time and materials basis in accordance with the Exhibit A, in a not-to-exceed amount of $43,950, and to change the total not-to-exceed amount under the Agreement to $592,103.
3. Except as specifically amended herein, all of the other provisions, terms and obligations of the Agreement between the parties shall remain valid and shall be in full force.
3 IN WITNESS WHEREOF, the parties have executed this Fifth Amendment on the day, month, and year first above written.
CITY OF SAN RAFAEL CONSULTANT
______________________________ By:______________________________ CRISTINE ALILOVICH, City Manager
Name:____________________________
Title:_____________________________
ATTEST:
[If Consultant is a corporation, add signature
of second corporate officer]
______________________________
LINDSAY LARA, City Clerk
By:_____________________________
APPROVED AS TO FORM: Name:____________________________
Title:_____________________________
______________________________
ANDREA VISVESHWARA, Chief Assistant City Attorney
CSWST2.com
Date: March 5, 2025
File: 4.1133.02
Theo Sanchez, P.E.
San Rafael DPW
111 Morphew St via email only
San Rafael, CA 94901 [email protected]
RE: SAN QUENTIN PUMP STATION – CONSTRUCTION ADMINSTRATION Dear Theo,
Thank you for the opportunity to support the City of San Rafael in the replacement of the San Quentin Pump Station.
The CSW|ST2 design team finalized the preliminary (Initial Contract Agreement) and final engineering (1st Amendment) in Summer-2022. Consequently, the CSW|ST2 team received a 2nd Amendment for bid and construction support services in November-2022. Construction completion was anticipated in Fall-2023; however, due to unforeseen conditions with the existing pump station and excessive long lead items, the Contractor’s work slowly progressed into 2024. Subsequently, the CSW|ST2 team received a 3rd amendment to continue providing construction administration support. Once again, the Contractor failed to acquire all the long lead items and revised their schedule for construction completion by Summer-2025. Consequently, the City issued a 4th amendment for continued technical structural, electrical, and civil engineering support during construction.
For your use, listed below is a summary of budgetary status, expenses to-date, and budget remaining.
Description Current Budget
Expenses to
Date
Budget
Remaining
Initial Contract Agreement $128,038.00 $128,038.00 $0
1 st Amendment $245,979.00 $245,979.00 $0
2 nd Amendment $130,550.00 $97,852.83 $32,697.17
3 rd Amendment $19,313.00 $19,313.00 $0
4 th Amendment $24,273.00 $5,708.32 $18,564.68
Total $548,153.00 $496891.15 $51,261.85
We understand additional biological monitoring, pre-construction surveys and report will be necessary as a condition of the resource permit. A description of these additional services performed by WRA includes the following.
TASK 1: BIOLO GICAL MONITORING
As per CEQA Mitigation Measure Bio-1 and BO Measure 1, a USFWS-approved biologist is required to be present for all ground disturbing activities including vegetation removal. This task includes up to twenty (20) days of biological monitoring based on the San Quentin Pump Station Schedule and information provided by the City regarding proposed work. This task assumes workdays are regular eight (8) hour shifts; if monitors are required to be onsite for more than eight hours per day, a Change Order may be requested to provide additional funds for this task.
TASK 2: PRE-CO NSTR UCTION SU RVE YS AND REPORTING
As per CEQA Mitigation Measure BIO-4, if work is scheduled to be reinitiated between February 1 and August 31, a nesting bird survey will be conducted within 14 days of the start of ground Exhibit A
August 2, 2024
disturbance by a qualified wildlife biologist. As per CEQA Mitigation Measure BIO-5, if work is scheduled to be reinitiated between April 1 – August 31 or November 1 – February 28, a roosting bat survey will be conducted within 14 days of ground disturbance by a qualified biologist. An email summary of survey findings will be provided to the client via email for their records. This includes up to one (1) pre-construction nesting bird survey and one (1) pre- construction roosting bat survey. WRA assumes there will be no pauses in ground disturbance greater than fourteen days that would necessitate an additional roosting bat survey and/or nesting bird survey.These surveys will be combined to the extent practicable. Results of these preconstruction surveys will be provided via email.
This task also includes WRA’s effort preparing and submitting required pre-construction notifications to regulatory agencies (Section 404 Measure 3; Section 401 Monitoring and Reporting measures 10 & 11; CEQA Mitigation Measure BIO-4, BIO-5, and BO Reporting Requirement 3). This task does not include adding the Project to EcoAtlas as per Section 401 Monitoring and Reporting Measure 9.
TASK 3: POST-CON ST RUCTION REPORTING
As per USFWS BO Reporting Requirement 3, WRA will prepare a post-construction compliance report and submit it to the client for review. This report will then be submitted to the San Francisco Bay-Delta Fish and Wildlife Office within 60 calendar days of the date of the completion of construction activities. This task also includes WRA’s effort submitting required notifications to the RWQCB and Corps that Project implementation is complete. This task does not include notification to California Natural Diversity Database (CNDDB) as per USFWS reporting requirement number 2, should special-status species be observed during WRA’s work, WRA may request additional funds to add these observations to CNDDB.
TASK 4: PRO JECT MANAGEMENT
This task includes support on Project deliverables (CEQA Mitigation Measure BIO-1, BIO-4, and BIO-5). This task includes WRA’s effort generating and submitting resumes for USFWS approval (USFWS BO Terms and Condition 1A), compile reports as well as general Project management.
The following tasks summarize the basis for our request for additional $43,950 in compensation.
TASK COST
1. Biological Monitoring $28,560
2. Pre-Construction Survey(s) and Reporting $3,050
3. Post-Construction Reporting $2,260
4. Project Management $10,080
TOTAL: $43,950
Please contact me at 415.999.6882 or [email protected] if you need additional information.
Sincerely,
Richard Souza, PE
Project Manager
CSWST2.com
Adaptive Solutions. Resilient Designs. Engineering ∙ Urban Planning ∙ Land Surveying ∙ Landscape Architecture CSWST2 BILLING RATE SCHEDULE
Effective January 1, 2025 – December 31, 2025
ENGINEERING SERVICES HOURLY RATES
SURVEYING SERVICES HOURLY RATES
OTHER PROFESSIONAL SERVICES HOURLY RATES
Principal $ 277.00
Associate Principal $ 252.00
Senior Project Manager $ 247.00
Project Manager $ 233.00
Sr. Landscape Architect $ 177.00
Landscape Architect $ 161.00
Construction Manager $ 242.00
Resident Engineer $ 233.00
Field Engineer $ 200.00
Technical Writer $ 142.00
Graphic Illustrator $ 135.00
Project Assistant $ 104.00
All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%.
Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%.
Billing will be monthly net 30 days.
Senior Engineer $ 207.00
Engineer I, II, III $ 148.00 - $ 180.00 - $ 200.00
Engineer Technician $ 135.00
Engineer Assistant $ 104.00
Senior Surveyor $ 207.00
Surveyor I, II, III $ 148.00 - $ 180.00 - $ 200.00
Survey Technician $ 135.00
Survey Assistant $ 104.00
Two-Person Survey Party $ 350.00
Survey Party Chief $ 227.00
Survey Chainman $ 124.00
Survey Apprentice $ 115.00
Aerial Drone Surveyor $ 224.00