REPORT TO THE CITY COUNCIL April 23, 2020 FROM: MICHAEL CARBAJAL, Director Department of Public Utilities THROUGH: BROCK D. BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering BY: MARTIN WENDELS, Project Manager Department of Public Utilities - Water Division SUBJECT ..Title Approve the Fourth Amendment to the Professional Consultant Services Agreement with Blair, Church, & Flynn Consulting Engineers, Inc., to extend the Agreement from August 31, 2019 to May 31, 2020, for the City of Fresno's Phase 2 Regional Transmission Mains, for the previously approved contract amount of $3,836,191 (Council Districts 1, 3, 4, 5, and 7, County of Fresno) ..Body RECOMMENDATIONS Staff recommends that City Council approve the Fourth Amendment to the Professional Consultant Services Agreement with Blair, Church, & Flynn Consulting Engineers (BC&F), to extend the duration of the Agreement from August 31, 2019 to May 31, 2020, for the Phase 2 Regional Transmission Mains Project (Project), and authorize the Director of Public Utilities, or designee, to sign the Amendment on behalf of the City. EXECUTIVE SUMMARY On June 11, 2015, the City Council approved an Agreement with BC&F to provide Professional Engineering Consultant Services for the Final Design of the City of Fresno's Phase 2 Regional Transmission Mains for a total fee of $2,836,195. On September 1, 2016, the City Council approved a First Amendment to modify the Scope of Services and increase compensation by $999,996, adjusting the contract amount to $3,836,191. On November 1, 2016, a Second Amendment was executed to extend the completion time to June 30, 2018, and a Third Amendment was executed on March 14, 2019, to extend to contract time to August 31, 2019. The Fourth Amendment to extend the contract time to May 31, 2020 is needed for the Consultant to prepare the final as-built drawings. This Project distributes treated surface water from the Southeast Surface Water Treatment Facility (Facility) to the existing water distribution system. BACKGROUND On February 26, 2015, the City Council adopted a five-year water utility rate plan to finance the construction of a five-year water capital plan totaling approximately $429 million. The five-year capital plan included the construction of the Project to convey water from the Facility to the existing water distribution system through a network of approximately 13 miles of 66 to 20-inch diameter pipelines that was constructed by four separate construction contracts. All four segments have since been constructed and in commission. On January 7, 2016, the City Council authorized the Director of Public Utilities to accept and execute a $63,100,000 State Revolving Fund (SRF) Low-Interest Loan through the State Water Resources Control Board (Board) for construction of the Project. The SRF low-interest loan will fully finance the construction of the Project. On June 11, 2015, the City Council approved an Agreement with Blair, Church & Flynn Consulting Engineers to provide Professional Engineering Consultant Services for the Final Design of the City of Fresno's Phase 2 Regional Transmission Mains for a total fee of $2,836,195. The First Amendment with Blair, Church & Flynn modified the scope of work of the Agreement to include Construction Phase Services for all four segments, and also modified the scope of work to include Design Phase Services for a change in pipeline alignment for one of the segments. On September 1, 2016 the City Council approved the First Amendment to modify the Scope of Services and increase compensation by $999,996, adjusting the contract amount to $3,836,191. On November 1, 2016, the Second Amendment was executed to extend the completion time to June 30 2018, and the Third Amendment was executed on March 14, 2019, to extend to contract time to August 31, 2019. The Fourth Amendment to extent the contract time to May 31, 2020, is needed for the Consultant to prepare the final as-built drawings. No additional compensation is being negotiated. The City Attorney's Office has reviewed and approved as to form this Fourth Amendment to the Agreement. Upon approval by the City Council, the Fourth Amendment to Agreement will be executed by the Director of Public Utilities, or his designee. ENVIRONMENTAL FINDINGS Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), this is not a "project" for the purpose of CEQA, as this is an organizational or administrative action of the government to enforce an existing obligation, and will not result in a direct or indirect physical change in the environment. LOCAL PREFERENCE Local preference does not apply to this action because this is an amendment to an existing consultant services agreement. FISCAL IMPACT There is no impact to the General Fund. This Project is located in Council Districts 1, 3, 4, 5, and 7, and County of Fresno. The funding for this Project is part of the SRF Low Interest Loan Fund 40162 as part of the adoption of the Fiscal Year 2020 Budget. The cost of debt service for this SRF Low Interest Loan was incorporated into the water rate model used to create the five-year utility rate plan that was adopted by City Council on February 26, 2015. No additional funding is required for this amendment. Attachments: Attachment 1 - Fourth Amendment to Agreement Attachment 2 - Original Consultant Agreement and First, Second, and Third Amendment to Agreement