For City Council and Rialto Utility Authority Meeting August 13, 2024
TO: Honorable Mayor and City Council
APPROVAL: G. Michael Milhiser, Interim City Manager
FROM: Tanya Williams, Assistant City Manager
Title
Request City Council/Rialto Utility Authority Board to: 1) Approve the Fifth Amendment to the Professional Services Agreement with Dopudja and Wells Consulting for the Rialto Habitat Nature Center in the amount of $244,460 and As-Needed Services/Support Activities in the amount of $600,000, Totaling an Additional Amount of $844,460; and 2) Authorize the Interim City Manager to Execute all Related Documents.
(ACTION)
Body
RECOMMENDATION
Staff recommends that the City Council and Rialto Utility Authority Board: 1) Approve the Fifth Amendment to the Professional Services Agreement with Dopudja and Wells Consulting for the Rialto Habitat Nature Center in the amount of $244,460 and As-Needed Services/Support Activities in the amount of $600,000, Totaling an Additional Amount of $844,460; and 2) Authorize the Interim City Manager to Execute all Related Documents.
BACKGROUND
The City of Rialto (City)/Rialto Utility Authority (RUA) is currently utilizing the professional services of Stephen Dopudja through his company Dopudja & Wells Consulting, Inc. (Dopudja & Wells). Dopudja & Wells is well versed in the issues faced by the RUA and has extensive historical knowledge related to the City/RUA’s utility operations and the Concession Agreement. Since April 2021, Dopudja & Wells Consulting, have provided design and engineering services to the Rialto Habitat Nature Center and more recently, additional staffing support services was approved on December 19,2023, to support the City during the vacancy of the Utilities Manger position, which is currently vacant.
ANALYSIS/DISCUSSION
Staff requested of Dopudja & Wells Consulting to provide a proposal to the City of Rialto (City) for additional services for the Rialto Habitat Nature Center (RHNC) and additional support for as-needed consulting.
Summary of Additional Scope of Work:
The following tasks summarize the scope of work required for the respective projects outlined above.
Item 1: Rialto Habitat Nature Center Supplemental Design Services - $244,460
The following tasks comprise the additional scope of work required to complete final design for the Rialto Habitat Nature Center Project:
• Update Civil and Mechanical Plans
• Final design for electrical , instrumentation and controls
• Lake flow routing, temperature and water quality modeling
• Coordinate a preliminary outline of operation and maintenance plan with RWS/Veolia staff
• Regulatory agency support, permits, and operational agreements
• Project management
Item 2: As-Needed Support - $600,000
This item includes two primary areas of support for the City. On May 14,2024, the City Council/RUA agreed on extending the contract with Dopudja & Wells Consulting due to the retirement of the previous City Utility Manager. The support under this item would be extended through December 31, 2024, to provide additional Staffing Support Services during the on-going vacancy of the Utilities Manger position. The City continues to actively recruit for the Utility Manager position.
The second area is the traditional as-needed Concession Agreement and Utility support services.
The following summarizes areas and schedule for additional support needed:
• Additional Staffing Support Services during the on-going vacancy of the Utilities Manger position through December 31, 2024 - $350,000.
• As-Needed Staffing Support Services Through June 30, 2025. - $250,000.
o Advise on City/RUA’s utility operations and the Concession Agreement;
o Meeting Attendance, Coordination, and On-Going Staff Support;
o Review of Reports; and
o Engineering Studies and Planning Support Services.
The Professional Services Agreement (PSA), First Amendment, Second Amendment, Third Amendment, and Fourth Amendment to the PSA are included as ATTACHMENTS 1, 2, 3, 4,and 5. The proposed Fifth Amendment to the PSA is included as ATTACHMENT 6.
ENVIRONMENTAL IMPACT
The proposed action is not a “Project” as defined by the California Environmental Quality Act (CEQA). Pursuant to Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. According to Section 15378(b), a Project does not include: (5) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment.
GENERAL PLAN CONSISTENCY
This action is consistent with Guiding Principle 3 in the General Plan:
Our City government will lead by example, and will operate in an open, transparent, and responsive manner that meets the needs of the citizens and is a good place to do business.
LEGAL REVIEW
The City Attorney has reviewed and supports the staff report and the Amendments to the Professional Services Agreements with Dopudja & Wells Consulting, Inc.
FINANCIAL IMPACT:
Proposed Fee:
Below outlines the proposed fees. Due to the negotiation nature of this proposal, the fee is based on a time and materials approach. The breakdown by task is an estimate of the anticipated distribution of cost. To ensure the time and materials estimate per task protects the City, budget between task may be utilized.
Item 1: Rialto Habitat Nature Center Supplemental Design Services - $244,460
Item 2: As-Needed Support - $600,000
Operating Budget Impact
Total overall funding of $844,460 will affect Concession Agreement Fund 680. Staff has confirmed there is sufficient funds available in the RUA Contract Services account budgeted for FY25 in the amount of 400,000. The remaining amount of $444,460 will be funded using prior year fund balance.
Capital Improvement Budget Impact
There is no impact on the Capital Improvement Budget through this action.