To: HONORABLE MAYOR AND From: Carl W. Mosher

CITY COUNCIL

Subject: SEE BELOW Date: 12-2-03

SUBJECT: FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SAN JOSE AND KENNEDY/JENKS CONSULTANTS

RECOMMENDATION

Approval of the first amendment to the agreement for consultant services between the City of San Jose and Kennedy/Jenks Consultants, extending the term of the agreement for 24 months, from December 31, 2003 to December 31, 2005; and to modify the scope of the design and construction support services to include alternative retrofit sites and additional recycled water pipelines in San Jose at no additional cost.

BACKGROUND

South Bay Water Recycling (SBWR) is a major component of the South Bay Action Plan implemented by the City of San Jose in 1997 on behalf of the Water Pollution Control Plant (WPCP) and the tributary agencies. The Plan was adopted to reduce WPCP effluent flows under 120 million gallons per day (mgd) to protect two endangered species. In 1998 the City Council approved a master planning process to identify appropriate expansions to the SBWR system, and between 1999 and 2002 additional pipelines and facilities were subsequently funded for construction through various agreements.

ANALYSIS

In March 27, 2001, San Jose entered into an agreement with Kennedy/Jenks Consultants for engineering design and construction inspection services to support installation of recycled water retrofits at 68 sites in Milpitas and Santa Clara at a total cost not to exceed $1,852,892.

Subsequent to the execution of the agreement with Kennedy Jenks, the City of Santa Clara proposed to extend a pipeline to irrigate Santa Clara Central Park and other customers (SC6), a connector between the San Jose and Santa Clara systems (SC5/SJ5) and related pipelines, and to defer the construction of segment SC-3 to a later date. The San Jose City Council approved these changes on October 22, 2003.

Corresponding to the changes in the Santa Clara agreement, this first amendment to the agreement with Kennedy/Jenks will exchange design services for 32 Santa Clara sites (to be deleted) in order to expand services to include design services for 34 sites in Milpitas, one (1) site in San Jose and one (1) site in Santa Clara. In addition, one (1) new industrial site in Santa Clara and a provision for five (5) additional sites, to be determined, residing in San Jose and/or Santa Clara will be added to the agreement. The new industrial site in Santa Clara will provide approximately 40 acre-ft of year-round demand as opposed to seasonal landscaping demand. Providing for these adjustments and adding one (1) industrial site to the agreement is expected to facilitate a total annual diversion of 277 acre-ft of which, 40 acre-ft more than the existing agreement would have provided.

Additionally, the amendment provides for engineering services for design and construction management for Pipeline SJ-5 consisting of 4700 LF (1420 m) of 20-inch (500 mm) pipe connecting the San Jose and Santa Clara systems and a recycled water pipeline consisting of 600 ft (180 m) of 4-inch (100 mm) pipe to serve recycled water to the proposed Guadalupe Community Garden.

PUBLIC OUTREACH

The South Bay Water Recycling development plan was developed in consultation with agency representatives, including staff and elected officials of the Santa Clara Valley Water District, the cities of San Jose, Milpitas and Santa Clara and other agencies tributary to the San Jose/Santa Clara Water Pollution Control Plant. Both agency and community stakeholders participated in numerous planning exercises including the Santa Clara County Medical Association, the San Jose Unified School District, the Silicon Valley Chamber of Commerce, the Homebuilders Association, the Farm Bureau and several other business, educational and environmental groups. In addition, public meetings were held in San Jose, Milpitas and Santa Clara to obtain public comment on the future use of the recycled water.

COORDINATION

This memo was coordinated with the offices of the City Attorney and the Risk Manager and the cities of Santa Clara and Milpitas and is scheduled to be heard at the December 11, 2003 Treatment Plant Advisory Committee (TPAC) meeting.

COST IMPLICATIONS

This first amendment does not increase the total cost of the Agreement.

1. AMOUNT OF RECOMMENDATION: $ 1,852,892

2. SOURCE OF FUNDING 512- San Jose-Santa Clara Treatment Plant

Capital Fund

Fiscal Impact: In accordance with the Mayor’s prescribed budget strategy, the tasks under this agreement will focus on the protection of a vital core service, emphasizing expenditures that improve reliability of the SBWR system.

BUDGET REFERENCE

Fund #	Appn #	Appn. Name	RC #	Total Appn.	Amt. for Contract	2003-2004 Adopted Capital Budget Page	Last Budget Action (Date, Ord. No.)
512	6589	Revised SBAP –SBWR Extension	76-062873	$34,030,000	$1,852,892	Page 207	10/14/03, Ord. No. 26997

CEQA

Resolution No. 64667 (SCH# 92-01-3071) and Addenda thereto including No. 12, “SJ-5 Coleman Amendment.”

CARL W. MOSHER

Director, Environmental Services Department