To: MAYOR AND CITY COUNCIL
From: ANDREW WINJE, PUBLIC WORKS DIRECTOR
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APPROVE THE SIXTH AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR THE YACHT CLUB WAY SANITARY SEWER PUMP STATION PROJECT, JOB NO. 50260, FOR AN ADDITIONAL AMOUNT OF $66,000, FOR A NEW TOTAL NOT-TO-EXCEED AMOUNT OF $943,512, AND TO EXTEND THE TERM OF THE AGREEMENT TO MAY 6, 2029
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EXECUTIVE SUMMARY
Approval of the Sixth Amendment to the consulting services agreement with Pacific Advanced Civil Engineering, Inc. (PACE) will authorize continued design support and construction support services for the Yacht Club Way (YCW) Sanitary Sewer Pump Station Project, Job No. 50260. This amendment would add $66,000 to the existing Agreement, establishing a new not-to-exceed total compensation limit of $943,512, and extend the term of the agreement from May 7, 2026 to May 6, 2029.
Construction of the YCW Pump Station was originally included in a combined construction contract with the Portofino Way Pump Station, awarded in April 2023 to Mehta Mechanical Company, Inc. (MMC). Construction at YCW did not advance beyond initial excavation due to a dispute over differing site conditions and expanded dewatering requirements. Following evaluation under the contract documents, the City removed the remaining YCW scope from the MMC’s contract through a deductive change order. The City Council subsequently accepted completion of the Portofino Way Pump Station Project at its January 20, 2026 meeting.
A portion of the funds intended for PACE’s anticipated work for the second pump station was expended to address unexpected issues that occurred during construction of the first pump station. With the YCW Pump Station still requiring rehabilitation, the City intends to rebid the project as a standalone construction contract. PACE, as the original design engineer for the project, is uniquely positioned to update the bid documents, provide construction support services to review the submittals, prepare as-built drawings, assist with startup and Operations and Maintenance (O&M) manuals, and provide dewatering permitting and technical assistance. Staff recommends approval of the proposed amendment to ensure continuity of engineering support through project completion.
BACKGROUND
In July 2016, the City entered into an agreement with PACE to provide engineering design services for the Rindge, Yacht Club Way (YCW), and Portofino Way Sewer Pump Station Projects. Since that time, the Agreement has been amended five times to address evolving project needs for all three stations, extend the term, and support ongoing work. These amendments included expanded design services, site investigations, dewatering analysis, permit acquisition, and construction support. The fifth amendment was approved on May 7, 2024, extended the contract to May 7, 2026 and established a new not-to-exceed amount of $877,512.
Due to the events that occurred during the initial construction effort, the YCW Pump Station project will extend beyond the May 7, 2026 contract termination date. An extension through May 6, 2029 is necessary to allow PACE to continue providing services through construction completion and closeout.
The proposed sixth amendment would support the rebid and completion of the YCW Pump Station project. Services include updating and issuing the revised bid package, providing bidding support, and delivering construction-phase services, such as submittal and shop drawing review and responses to requests for information. The scope also includes preparation of as-built drawings, participation during startup, development of operations and maintenance (O&M) manuals, and continued support for dewatering permitting and technical compliance during construction.
Given the prior dewatering dispute and the conditions encountered at the YCW site, staff considers dewatering oversight to be a critical component of the rebid effort. PACE’s familiarity with the site, existing permitting requirements, and experience during initial construction positions the consultant to effectively support project delivery and help minimize risk.
The additional $66,000 in proposed compensation is consistent with the scope of services outlined in Exhibit A-6 and the updated hourly rate schedule included in Exhibit C-6. If approved, the total not-to-exceed contract amount would be $943,512.
COORDINATION
The contract amendment has been coordinated between the City Attorney’s Office and the Public Works Department. The proposed amendment to the Agreement has been reviewed and approved as to form by the City Attorney’s Office.
FISCAL IMPACT
Funding for the sixth amendment is available in the Wastewater Fund Budget for the Yacht Club Way Pump Station Project, Job No. 50260. The not to exceed value of the Sixth Amendment is $66,000, increasing the total not-to-exceed agreement amount to $943,512.
APPROVED BY:
Mike Witzansky, City Manager
ATTACHMENTS
• Agmt - Sixth Amendment to Agreement with Pacific Advanced Civil Engineering, Inc.
• Agmt - Original Agreement and Amendments 1-5 to the Agreement with Pacific Advanced Civil Engineering, Inc.
• Certificate of Liability Insurance