Title
Recommendation to Authorize the City Manager to Execute a Two-Year Service Provider Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants in an Amount Not-to-Exceed $393,980, for Geotechnical, Environmental, and Construction Testing Services for the Alameda Aquatic Center. (Recreation and Parks 10051400)
Body
To: Honorable Mayor and Members of the City Council
From: Gerry Beaudin, City Manager
EXECUTIVE SUMMARY
The purpose of this report is to authorize approval of an agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants (Ninyo & Moore), to provide geotechnical, environmental, and/or construction testing services, for a not-to-exceed amount of $393,980, for a two-year term for the Alameda Aquatic Center project
BACKGROUND
The service provider agreement is used for services requiring expertise that City of Alameda (City) staff does not have. The Alameda Aquatic Center at Jean Sweeney Open Space Park (Project) requires specialized technical expertise for geotechnical, environmental, and construction testing services, including field investigations, report preparation, construction support, and materials testing during construction.
DISCUSSION
Construction materials testing is the quality control and quality assurance process used to verify that materials installed during construction meet the project plans, specifications, building codes, and applicable industry standards. For the Aquatic Center project, this includes testing and inspection of soils and engineered fill, aggregate base, concrete, reinforcing steel, structural steel, asphalt, masonry, and other structural materials. Services may also include field density and compaction testing, concrete sampling and strength testing, inspection of reinforcing steel placement, structural steel welding and bolting inspections, and other required special inspections.
Construction of the Aquatic Center also requires materials and soil monitoring in coordination with the California Department of Toxic Substances Control (DTSC). Due to the site's historical land uses and environmental conditions, construction activities involving excavation, grading, soil movement, import or export of materials, and management of excavated soils must be performed in accordance with applicable DTSC requirements and the project's approved soil management plan (SMP).
Staff recommends a sole-source agreement with Ninyo & Moore for special inspection, materials testing, and environmental services at the site of the planned Alameda Aquatic Center. Staff evaluated the feasibility of competitively procuring these services and determined that a sole source procurement is justified for the following reasons:
• Ninyo & Moore has provided environmental consulting support to the City for several projects at Jean Sweeney Park and possesses project specific knowledge of the project;
• Ninyo & Moore prepared the SMP for the Aquatic Center project; and
• Retaining a new consultant would require considerable time and additional cost to develop the project-specific knowledge necessary to implement DTSC’s requested revisions and complete the required work efficiently.
ALTERNATIVES
• Provide staff direction to conduct a formal request for proposal for materials testing for the construction of the Aquatic Center.
• Provide staff direction to return to City Council with a modified recommendation.
FINANCIAL IMPACT
Construction of the Aquatic Center is funded by the General Fund in C55400. There are no additional impacts to the general fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
This action is consistent with the City’s Strategic Plan priorities to Enhance Community Safety and Services and Invest in Transportation, Infrastructure, Economic Opportunities and Historic Resources. This action does not affect the Alameda Municipal Code.
This action is subject to the Levine Act.
ENVIRONMENTAL REVIEW
In July 2014, City Council by Resolution No. 14955 adopted the Jean Sweeney Open Space Park Mitigation Negative Declaration (MND) and Master Plan in compliance with California Environmental Quality Act (CEQA). On June 23, 2025, the Planning Board considered an Addendum to the MND for the Aquatic Center Project (MND Addendum), pursuant to CEQA Guidelines Section 15164, prior to approving the project’s Use Permit & Design Review. On July 1, 2025, City Council approved the Funding Plan for the Aquatic Center Project, including direction to address additional geotechnical and groundwater engineering for the project, and in doing so, considered the previously approved MND Addendum. This agreement is a subsequent approval to implement the approved project and is not subject to additional environmental review. There are no substantial changes in the project, changes in circumstances, or new information that would require subsequent environmental review under CEQA Guidelines Section 15162.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with this action.
RECOMMENDATION
Authorize the City Manager to execute a two-year Service Provider Agreement with Ninyo & Moore Geotechnical & Environmental Sciences Consultants in an amount not-to-exceed $393,980, for Geotechnical, Environmental, and Construction Testing Services for the Alameda Aquatic Center.
Respectfully submitted,
Justin Long, Director of Recreation and Parks
Financial Impact section reviewed,
Ross McCarthy, Finance Director
Exhibit:
1. Ninyo & Moore Agreement