To: Boards of Directors, Sonoma County Water Agency and Sonoma Valley County Sanitation District
Department or Agency Name(s): Sonoma County Water Agency and Sonoma Valley County Sanitation District
Staff Name and Phone Number: Brad Sherwood 707-547-1900
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
North Bay Water Reuse Authority - Phase 2 Engineering Study
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Recommended Action:
Recommended action
Authorize Sonoma County Water Agency’s General Manager to execute the Fourth Amended and Restated Agreement for Phase 2 Engineering Study for North Bay Water Reuse Authority with Brown and Caldwell, in substantially the form as the draft presented to this Board. The amended agreement increases the amount by $406,392, expands the scope of work to include additional tasks under recycled water support services, drought contingency planning, and sea level rise adaptation plan development, and extends the agreement term by six months for a new not-to-exceed agreement total of $1,052,289 and new term end date of December 31, 2027.
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Executive Summary:
The North Bay Water Reuse Program (Program) is a model for maximizing the benefits of limited water resources in the West. By partnering on the local level, agencies and elected officials have developed a solution to meet broad constituent needs under the umbrella of a comprehensive regional program. Under the proposed amended agreement, Brown and Caldwell (Consultant) will continue to 1) provide recycled water support services to North Bay Water Reuse Authority (Authority) member agencies, 2) provide drought contingency planning, and 3) develop a Sea Level Rise Adaptation Plan. The work is funded by member agencies and held in the Authority’s trust fund within the Treasury Pool. The Authority’s trust fund was first established in 2010 with the intent to expand recycled water use in our region.
Discussion:
HISTORY OF ITEM/BACKGROUND
Sonoma County Water Agency (Sonoma Water), as approved by its Board of Directors, entered into a Memorandum of Understanding establishing the Authority with Las Gallinas Valley Sanitary District, Napa Sanitation District, Novato Sanitary District, and Sonoma Valley County Sanitation District, effective August 24, 2005, and amended in January 2008. North Marin Water District and County of Napa became signatories under the Second Amended Memorandum of Understanding, effective November 3, 2010. Marin Municipal Water District and City of Petaluma became signatories under the Third Amended Memorandum of Understanding, effective May 13, 2013. The Fourth Amended Memorandum of Understanding was approved by the Authority Board of Directors on August 28, 2017, and became effective on November 14, 2017.
The Authority is not a legal entity and cannot enter into agreements in its own name. Therefore, Section 12 of the Fourth Amended Memorandum of Understanding designates Sonoma Water to act as the Administrative Agency for the Authority. As the Administrative Agency, Sonoma Water enters into agreements and performs other administrative functions for the Authority, with prior approval of the Authority’s Board of Directors. The Authority is responsible for consultant selection. Sonoma Water is reimbursed by the Authority for the costs it incurs while acting as Administrative Agency.
The Program is authorized for two construction phases under the United States Bureau of Reclamation's (Reclamation) Title XVI program. This authorization provides a 25 percent federal cost-share for each phase of the Program. The Authority completed feasibility and environmental studies for Phase 1 of the Program and in 2010 began construction on a series of recycled water projects valued at $100 million. To date, the Program has received $25 million in federal funding and nearly $9.9 million in state funding. The balance of funding is provided by the local agencies.
Sonoma Water and Consultant entered into an agreement for a Phase 2 engineering study for the Authority, dated June 1, 2023 in the amount of $378,000.
A first amended agreement extended the agreement by one year to June 30, 2025, at no additional cost to Sonoma Water, to allow Consultant to continue the work.
A second amended and restated agreement increased the amount by $267,897 and extended the agreement term by one year for a new not-to-exceed total of $645,897 and term end date of June 30, 2026.
A third amended and restated agreement added one year to the agreement term, at no additional cost to Sonoma Water, for a new term end date of June 30, 2027, to allow Consultant to continue the work.
This Fourth Amended and Restated Agreement increases the amount by $406,392, expands the scope of work to include additional tasks under recycled water support services, drought contingency planning, and sea level rise adaptation plan development and extends the agreement term by six months for a new not-to-exceed agreement total of $1,052,289 and new term end date of December 31, 2027.
SELECTION PROCESS
Consultant was selected through a competitive selection process conducted under the original agreement. A new competitive selection process was not conducted because this amended agreement covers modifications to work already in progress, not a new scope of services.
Consultant was selected for the subject work because of its experience with similar types of projects and demonstrated understanding of Authority’s needs.
SERVICES TO BE PERFORMED
Under the proposed amended agreement, Consultant will continue to:
1) Provide recycled water support services to Authority member agencies, which will include updating the existing Phase 2 North Bay Water Reuse Program Feasibility Study;
2) Review and assess Sonoma Water’s Regional Water Supply Resiliency Study (Study) to determine if the Study meets the criteria of a Reclamation Drought Contingency Plan, identify actions needed to meet criteria, and allow Authority member agencies to make revisions or enhancements to the Study to afford them the opportunity to apply for Reclamation funding under the Drought Resiliency Program; and
3) Develop a Sea Level Rise Adaptation Vision that can be articulated to stakeholders and provides a framework for participating agencies in the area to identify and implement individual projects in the context of a common vision.
The additional cost is $406,392, for a new not-to-exceed agreement total of $1,052,289. The new term end date is December 31, 2027.
Through the proposed amended agreement, the General Manager will be delegated the authority to approve a written amendment to extend the term of the agreement for up to two additional years by providing written notice to the other party thirty days in advance of the term end date and by executing an agreement amendment.
County of Sonoma Strategic Plan Alignment:
N/A
Sonoma Water Strategic Plan Alignment
Goal: Climate Resiliency.
Strategy: Assess risk and uncertainty of climate change and develop and take actions that improve resiliency and sustainability.
The continued implementation of this project will allow Sonoma Water to potentially increase the use of recycled water in Sonoma Valley. In addition, the project will assist Sonoma Water in protecting drinking water supplies while responding to climate change.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
See Attachment 3.
Fiscal Summary
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Expenditures |
FY26-27 Adopted |
FY27-28 Projected |
FY28-29 Projected |
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Budgeted Expenses |
$406,392 |
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Additional Appropriation Requested |
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Total Expenditures |
$406,392 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
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Fees/Other |
$406,392 |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$406,392 |
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Narrative Explanation of Fiscal Impacts:
Budgeted amount of $406,392 is available from FY 2026/2027 appropriations for the Authority’s trust fund. Of the total $406,392 increase under the fourth amended and restated agreement, Sonoma Water’s share is $100,016 and Sonoma Valley County Sanitation District’s share is $54,617. The FY2026/2027 appropriations were budgeted in Sonoma Water’s Recycled Water Fund and Sonoma Valley County Sanitation District’s Operations Fund, and have since been transferred to the authority’s trust fund. The remaining authority members will cover their respective share of the cost. No additional appropriation is required.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Attachment 1 Amended Agreement with Brown and Caldwell
Attachment 2 Competitive Selection Process Memo
Attachment 3 Prior Board Actions
Related Items “On File” with the Clerk of the Board:
None