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HomeMy WebLinkAboutStaff Report 4.B 09/12/2016Agenda Item #4.B . r DATE: September 12, 2016 TO: Honorable Mayor and Members of the City Council through City Manager FROM: Dan �'t J CE — Director, Public Works and Utilities Larry kA- , P.E. — Deputy Director, Public Works and Utilities SUBJECT: Resolution Authorizing Execution of Amendment No. 2 to Professional Services Agreement for Design and Engineering Services for the Denman Reach Phase 3 Improvements Project RECOMMENDATION It is recommended that the City Council adopt the attached Resolution Authorizing Execution of Amendment No. 2 to Professional Services Agreement (PSA) for Design and Engineering Services for the Denman Reach Phase 3 Improvements Project. BACKGROUND On December 2, 2013, City Council authorized the execution of a Professional Services Agreement with Questa Engineering Corporation (Questa) for the Denman Reach Phase 3 Improvements Project. The project includes flood terracing, wetland restoration and creation, and continuation of the trail system constructed in Denman Reach Phases 1 and 2. On December 7, 2015, City Council authorized the execution of Amendment No. 1 for Questa to provide wetland mitigation services at the Petaluma Community Sports Fields and potentially create additional wetlands in the Denman Reach. On July 18, 2016, City Council awarded the construction contract to Team Ghilotti, Inc. and was informed that an amendment to Questa's professional services agreement to cover construction engineering services was forthcoming. The proposed item meets Council Goal: "Plan for and implement priority capital projects as funding permits." DISCUSSION The subject PSA amendment adds environmental and engineering services needed during the design and permitting phase of the project, and construction and post construction services to meet regulatory permit requirements throughout construction and construction engineering support for the project. Permit conditions require post construction monitoring of wetlands and riparian habitat at years 1, 2, 3, 5, 7 and 10 by a qualified biologist and PSA amendment No. 2 will include one year of post construction monitoring of the site. This will give time to evaluate whether City staff can take over the monitoring. FINANCIAL IMPACTS On July 18, 2016, City Council amended the project CIP budget to $3,108,000, which included the subject amendment in the amount of $65,000 to Questa's contract. The total amended not to exceed amount of the PSA will increase to $250,864. The current project budget will cover this proposed amendment amount. The following is a breakdown of the approved CIP project budget as amended on July 18, 2016: Uses 7%18/16 Approved Bud et Design $ 236,681 Legal $ 4,000 Land Acquisition $ 1,045,000 Construction Contracts $ 1,234,007 Landscaping/Kiosks $ 136,000 Regulatory Permits $ 37,312 Construction Management $ 130,000 CIP Overhead $ 44,000 Administration $ 1,000 Project Contingency $ 240,000 TOTAL $ 3,108,000 Funding Sources Waste Water Capital $ 84,000 Water Capital $ 84,000 Storm Impact Fees $ 370,000 State Grants $ 1,015,000 SCWA Zone 2A Assessments $ 512,000 Dept of Water Resources Grant $ 993,000 Sonoma Open Space Grant $ 50,000 TOTAL $ 3,108,000 Note: City staff salary and benefits costs are included in appropriate project phases for the project. ATTACHMENTS 1. Resolution 2. Location Map 3. Amendment No. 2 to PSA with Questa Engineering Corporation Attachment 1 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR DESIGN AND ENGINEERING SERVICES FOR THE DENMAN REACH PHASE 3 IMPROVEMENTS PROJECT WHEREAS, the City of Petaluma will be restoring and creating additional wetland habitat as part of the Denman Reach Phase 3 Improvements Project; and WHEREAS, Questa Engineering Corporation is providing the engineering design services for the Denman Reach Phase 3 Improvements Project; and WHEREAS, Questa provided additional unforeseen environmental and engineering services needed during the design and permitting phase of the project; and WHEREAS, Questa will provide additional environmental and engineering services to meet regulatory permit requirements throughout construction, provide at least one year of post construction monitoring of the site, and any other additional construction support that may be needed to complete the project; and WHEREAS, the City has negotiated Amendment No. 2 with Questa Engineering Corporation in the amount of $65,000 to provide additional engineering services for Denman Reach. The total amended not to exceed amount of the agreement will be $250,864; and WHEREAS, the City has approved a capital improvement project in the amount of $3,108,000 for the implementation of the Denman Reach Phase 3 project, which anticipated the additional services in the subject amendment; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma hereby authorizes the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Questa Engineering Corporation for the design and engineering services for Denman Reach Phase 3, in the amount not to exceed $65,000. M Attachment 2 DENMAN REACH PHASE 3 PROJECT PROJECT NO. C00500208 LOCATION MAP t 60 � T /Vo11 j T61 i Date :SEPTEMBER 19, 2016 N A City of Petaluma �� U � PROJECT SITE E Public Works and Utilities S Department -x85" 4 Attachment 3 Exhibit A to Resolution AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT FOR DENMAN REACH PHASE 3 DESIGN AND ENGINEERING THE AGREEMENT entered into and effective as of April 9, 2014 by and between the City of Petaluma, a municipal corporation and a charter city (hereinafter referred to as "City") and Ouesta En ing_eering_Corporation (hereinafter referred to as "Consultant ") is hereby amended as follows: 1. The following sentence is added to the end of Section 1, "Services ": In addition to the services described in Exhibit A, Consultant shall provide the additional services described in Exhibit A -2 attached hereto. 2. The "Not -to- Exceed Amount" specified in Section 2.A is amended as follows: Original Agreement .Amount $148,639 Amendment No.1 $37,225 Amendment No. 2 $65,000 Total Not -to- Exceed Amount $250,864 3. Term. The term of this Agreement commences on the Effective Date, and terminates on June 30, 2018, unless sooner terminated in accordance with Section 4. Upon termination, any and all of the City's documents or materials provided to Consultant and any and all of the documents or materials prepared for City or relating to the performance of the Services, shall be delivered to the City as soon as possible, but not later than fourteen (14) days after termination of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this document,the day of 20 CITY OF PETALUMA City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED: Department Director CONSUL,�TAfNT By 16 Signature Name and Title Address 6 City State Zip �, ?' 2-0? - Sri � � Taxpayer I.D. j Number A 'l 1 a 1 r -,—t3 5 L,5 Q Petaluma Business fx Certificate Number Amendment To Professional Services Agreement (Scope - Cost - Term) (iManage # 1668283) March 2013 APPROVED: Risk Manager APPROVED: Finance Director file name: S: \CIP\ Projects \DenmanReachFloodTerracePh3 C500208\Design \140 Consultant RW Agmts \Questa\Amend 2—to Denman 3.doc Amendment To Professional Services Agreement (Scope - Cost - Term) (Manage #1668283) March 2013 6 EXHIBIT A -2 1. Additional Engineering. Additional engineering designs services requiring additional time and costs expended by Questa in modifying the design to accommodate the available construction budget and in revising the design in response to comments from regulatory agencies. This additional work included a preliminary meeting with Caltrans to review the project to determine if they were able to provide funding for portions of the project to meet their mitigation needs on another un- related project. Estimated costs for this task: $6,500 2. Additional Permit Coordination. Additional time expended by Questa and biological /permitting sub - consultant (WRA) in coordinating with and responding to questions on the permit applications and project details from the regulatory agencies. Estimated Costs for this task: $5,200 3. Engineering Design and Inspection during Construction. The permit conditions require the periodic presence of the designer (City and Questa) during construction to inspect the work and ensure that the project is being built according to the approved plan. Questa will visit the site for inspections and permit compliance only upon the specific request of the City. Other design services work during construction and involved in this task includes responding to RFIs and submittal review, and reviewing possible change orders that are forwarded to Questa by the City. Estimated Costs for this task: $15,000 4. Coordination with Regulatory Agencies prior to and during Construction. This work involves providing the regulatory agencies with a copy of the final engineering plans, including uploading information on the Wetlands Tracker/Ecoatlas. Other elements of the work involved with regulatory agency coordination prior to and during construction include providing permit notification prior to start of work, submittal of resumes of Qualified Biologists, and developing an educational training program for the Contractor and workers. Estimated costs for these items are as follows: Notifications, final Plan Set submittal, resumes of Biologists $800 Wetlands Tracker Form (Ecoatlas submittal) $1,200 Contractor Education Training & Materials $800 Page 1 of 3 h Estimated Costs for this task: $2,800 5. Biological Monitoring During Construction. The regulatory permit conditions require the presence of a qualified biological monitor on site, especially during clearing of vegetation and tree removal work. A total of 15 days has been allocated to this task. It may be that bio- monitoring can be discontinued after vegetation clearing, or cut back to a quick daily check in each morning, to confirm all fencing is up and intact, and permit conditions are being complied with. Estimated costs for this task: $12,000 6. Post Construction Completion & Compliance Report. The permit conditions require a determination and verification of the acreage of disturbance and the lineal feet and acreage of riparian habitat and seasonal wetlands that were actually created by the project, along with a report summarizing permit compliance issues. As -built drawings, before and after ground photos. Estimated costs for this task: $4,500 7. Restoration Monitoring & Reporting (year 1 only). The permit conditions require monitoring of wetlands and riparian habitat at years 1, 2, 3, 5, 7 and 10 years. Monitoring can typically be discontinued if success criteria in the HMMP are met after 5 years. We propose to monitor the site under contract only for the first year. The work includes plant counts, notes on health, vigor and sizes of tree species, and determination of % cover by native plants and invasive weedy species. The results of the monitoring, along with site photos at established points will be presented in an annual report, along with recommendations for management and remedial measures, such as re- planting. Estimated Cost for Annual Report- year 1: $6,000 8. Project Management. This task is to manage all of the permit coordination work, completion report, inspections and monitoring activities, including some work that may be performed by sub - contractors to Questa. Estimated costs for this task: $3,000 Total Fee Estimate Total Costs for Tasks 1 -8: $55,000 9. Other Services /Contingency Budget. The Regional Board permit requires the submission of a Materials Management Plan which needs to be submitted and approved Exhibit A -2 Page 2 of 3 prior to start of construction work. The Regional Board has authorized the inclusion of the Material Management Plan information in the projects Storm Water Pollution Prevention Plan ( SWPPP), which will be prepared by the Contractor. However, the permit condition requires written authorization by the Regional Board before construction can commence. Questa may need to provide additional input and coordination on the Materials Management Plan when the Contractor prepares the SWPPP as well as provide periodic inspections to ensure the plan is being followed during construction activities. The Regional Board permit conditions require that periodic observations (7 semi- monthlies) be made on the depth and frequency of flooding (flood inundation) of the floodplain terrace. Observations can be made by City staff, but have been included as an optional contingency task. Any contingency items specifically listed or cost over runs from other tasks will require additional City authorization. Contingency budget: $10,000 Total of Tasks 1 -9 $55,000 Contingency $10,000 Total Fee Estimate $65,000 Exhibit A -2 Page 3 of 3