City Council
Report
City Council Meeting: January 28, 2025
Agenda Item: 5.G
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To: Mayor and City Council
From: Rick Valte, Public Works Director, Public Works, Architecture Services Subject: Approval of Seventh Modification with WSP USA Environment & Infrastructure, Inc. to Provide Additional Scope of Work to the Memorial Park Redevelopment and Expansion Project
Recommended Action
Staff recommends that City Council:
1. Adopt a finding that the modification to the agreement is not a “project” subject to the California Environmental Quality Act (CEQA); and
2. Authorize the City Manager to negotiate and execute a seventh modification to agreement #9910 (CCS) in the amount not to exceed $53,700 (including a 10% contingency) with WSP USA Environment & Infrastructure, Inc. for additional environmental consulting services related to the Memorial Park Redevelopment and Expansion Project. This will result in an amended agreement with a new total amount not to exceed $202,700, with future year funding contingent on Council budget approval.
Summary
The City entered into Agreement #9910 (CCS) with WSP Environment & Infrastructure, Inc. (WSP) in May 2014 for environmental consulting services related to the Memorial Park Neighborhood Plan in compliance with the California Environmental Quality Act (CEQA). The Council approved a fourth modification to the agreement in October 2019 to add services related to the Memorial Park Redevelopment and Expansion Project (Project). However, due to the COVID-19 pandemic, the Project was suspended and the agreement expired on June 30, 2023.
On August 22, 2023, Council authorized a reinstatement and fifth modification to the agreement, with a total reduced agreement amount not to exceed $149,000 (including a 2 of 5
10% contingency) for environmental consulting services related to the Memorial Park Redevelopment and Expansion Project. WSP began preparing the environmental impact analysis in April 2024, and a sixth modification in the amount of $6,700 (using the contract contingency) was executed in November 2024 to complete a Phase I Environmental Site Assessment (ESA) as required by CEQA. A seventh modification to the agreement in the amount of $53,700 (including a 10% contingency) for a new total amount not to exceed $202,700 is required for additional analysis of project design and material options and the preparation of an Environmental Impact Report (EIR).
Discussion
Council authorized a contract with WSP Environment & Infrastructure, Inc. (formerly Wood Environmental and Infrastructure Solutions Inc. and AMEC Environment & Infrastructure, Inc.) in May 2014 in the amount not to exceed $378,000 for environmental consulting services related to the Memorial Park Neighborhood Plan in compliance with CEQA. Services related to the Memorial Park Redevelopment and Expansion Project were not included in the original scope of work and were added by Council approval of a fourth modification to the agreement in the amount of $149,000 (including a 10% contingency) resulting in a total contract amount of $527,000 in October 2019. Due to the COVID-19 pandemic the Project was suspended and the agreement expired on June 30, 2023.
On August 22, 2023, Council directed staff to seek proposals for design services of phases 1 and 2 of the Project. Council also authorized:
1. The negotiation and execution of a payment agreement not to exceed $2,750,000 with SMC for preparation of the environmental impact analysis, geotechnical engineering, and design services of phase 1 only.
2. The negotiation and execution of a reinstatement of and fifth modification to agreement #9910 (CCS) with WSP for environmental consulting services related to the Memorial Park Redevelopment and Expansion Project. 3 of 5
This resulted in an 11-year amended agreement with a total reduced amount not to exceed $149,000 (including a 10% contingency) to provide environmental impact analysis of the proposed Master Plan and prepare CEQA compliant documentation for the Project (CEQA document type to be determined). WSP began preparing the environmental impact analysis in April 2024. A sixth modification in the amount of $6,700 was executed in November 2024 to complete a Phase I Environmental Site Assessment (ESA) as required by CEQA. The sixth modification was exercised using contingency within the agreement amount of $149,000.
Following a preliminary review of Additional Items for Design Consideration (Attachment A) and potential subsequent design alterations to program elements, in consultation with WSP, it was determined the environmental impact analysis and CEQA compliant documentation warranted for the Project is an Environmental Impact Report (EIR). A seventh modification in the amount of $53,700 (including a 10% contingency) for a new total amount not to exceed $202,700 is required for this additional analysis of various project design and material options as well as additional public outreach/noticing under CEQA. The requested amount of $53,700 (including a 10% contingency) consists of $48,809 for the contract and $4,891 for the 10% contingency. The contract amount of $48,809 is derived from hourly rates for 413 hours of additional analysis.
This seventh modification would surpass the current contract authority not to exceed amount of $149,000 and requires Council approval. A breakdown of the new total amount not to exceed $202,700 is provided below.
Current Authorized Amount $149,000 (including a 10% contingency) Requested Amount $53,700 (including a 10% contingency)
New Total Amount $202,700 (not to exceed)
Environmental Review
Pursuant to CEQA Section 21065, the modification to the agreement does not meet the definition of a “project” subject to CEQA as it will not “cause either a direct physical 4 of 5
change in the environment, or a reasonably foreseeable indirect physical change in the environment”. Additionally, per Section 15378(b) of the CEQA Guidelines, a “project” does not include administrative activities of governments that will not result in direct or indirect physical changes in the environment. Therefore, the modification to the agreement for environmental consulting services is not subject to CEQA.
Past Council Actions
Meeting Date Description
05/27/14 (Attachment B) Award Contract for Environmental Consulting Services for the Memorial Park Neighborhood Plan
10/15/19 (Attachment C) Memorial Park Redevelopment and Expansion Master Plan Review – Fourth Modification to Agreement
08/22/23 (Attachment D) Enter into Agreement with SMC and Proceed with Solicitation for Design Services of Phases 1 and 2 of the Memorial Park Redevelopment and Expansion Project –
Reinstatement of and Fifth Modification to Agreement
08/27/24 (Attachment E) Award Design Agreement for the Memorial Park Redevelopment and Expansion Project
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of the agreement with WSP Environment & Infrastructure, Inc. for additional analysis and the preparation of an environmental impact report.
Agreement Modification Request
Agreement # Current
Authorized
Amount
FY 2024-25
Budget Modified
Request Amount
CIP Account # Total Revised
Contract
Amount
9910 (CCS) $149,000 $53,700 C0107060.689000 $202,700
Future year funding is contingent on Council budget approval. 5 of 5
Prepared By: Linda Cogswell, CIP Project Manager
Approved Forwarded to Council
Attachments:
A. Memorial Park Additional Considerations
B. May 27, 2014 Staff Report
C. October 15, 2019 Staff Report (Web Link)
D. August 22, 2023 Staff Report (Web Link)
E. August 27, 2024 Staff Report (Web Link)
F. Oaks Initiative Form - WSP USA Environment & Infrastructure, Inc.
G. Levine Act Disclosure Form - WSP USA Environment & Infrastructure, Inc.
H. Written Comments