REPORT TO THE CITY COUNCIL January 11, 2018 FROM: THOMAS C. ESQUEDA, Director Department of Public Utilities THROUGH: MICHAEL CARBAJAL,Planning Manager Department of Public Utilities - Utilities Planning & Engineering BY: PATRICIA DIEP, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Actions pertaining to the City of Fresno for various recycled water infrastructure capital improvement projects: (citywide) 1. Approve a Consultant Services Agreement with PaleoWest Archaeology, LLC., not to exceed $491,789 to provide Paleontological and Cultural Resources Monitoring Services (citywide) 2. Authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno ..Body RECOMMENDATIONS Staff recommends that City Council approve a consultant services agreement with PaleoWest Archaeology, LLC. (PaleoWest), for an amount not to exceed $491,739 to provide Paleontological and Cultural Resources Monitoring Services for various water infrastructure capital improvement projects and authorize the Director of Public Utilities, or designee, to sign the agreement on behalf of the City of Fresno. EXECUTIVE SUMMARY The Department of Public Utilities seeks Council approval for a professional consultant services agreement with PaleoWest to perform Paleontological and Cultural Resources Monitoring Services during the construction of various recycled water infrastructure capital improvement projects. Paleontological and Cultural Resources Monitoring Services are necessary to ensure compliance with Federal and State agency requirements. PaleoWest will support the City and assist with compliance reviews, development of monitoring and reporting plans, daily activity monitoring and reporting, investigations, development of training programs, site assessments, and coordination with program and construction management teams to ensure the City complies with all applicable statutory, regulatory and administrative requirements. BACKGROUND In 2009, the State of California adopted a recycled water policy establishing a mandate to increase the use of recycled water in California by 200,000 acre-feet per year by 2020 and an additional 300,000 acre-feet per year by 2030. The Recycled Water Master Plan prepared by the Department of Public Utilities identifies opportunities to assist with compliance of this law by reducing groundwater pumping and replacing groundwater with recycled water for non-potable purposes (i.e. outdoor irrigation, dust control, fountains, etc.). On April 11, 2013, the Council adopted the Recycled Water Master Plan and associated environmental documents. The Department of Public Utilities is seeking these services to support and assist the City in complying with federal and state requirements. The Consultant will provide cultural and paleontological resource consulting services to include worker training, construction monitoring, and daily activity reporting during all applicable construction activities, that may impact paleontologically or culturally sensitive sediments. Services include compliance reviews, development of a worker awareness training program, mitigation monitoring plans, daily activity monitoring and reporting, investigations, site assessments, and coordination with program and construction management teams, to ensure the City's compliance with all applicable statutory, regulatory and administrative requirements. In accordance with Fresno Municipal Code Chapter 4, Article 1, and Administrative Order 6-19, the Department of Public Utilities conducted a competitive process to select consultants to provide Paleontological and Cultural Resources Monitoring Services for the program. The RFQ was posed on February 7, 2017, to the City's PlanetBids Online site and announcement was published on February 10, 2017, in the Business Journal. The City received requests from 57 prospective bidders and distributed RFQs to each. The RFQ requested that consultants provide a statement of qualifications (SOQ) by February 24, 2017, and the Water Division received six SOQs by the due date. The SOQs were evaluated by a selection committee consisting of representatives from the Department of Public Utilities. Upon completing the evaluation and the scope and fee negotiation process, PaleoWest was selected as being best to meet the City's needs for various recycled water infrastructure capital improvement projects. The services required by this agreement will be completed in approximately 650 consecutive calendar days from the authorization to proceed. The contract is for an amount not to exceed $491,739 paid on a time and materials basis. A standardized consultant service agreement has been used in accordance with Administrative Order 4-4, and the consultant's Certificates of Insurance have been approved by the City's Risk Management Division. Upon approval by the City Council, the agreement will be executed by the Director of Public Utilities or designee, who has been delegated this authority by the City Manager. ENVIRONMENTAL FINDINGS Approval of the consultant service agreement is not a project pursuant to CEQA Guidelines � 15378 because the organizational and administrative activities identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE The local preference cannot be implemented based on the conditions of the State Water Resources Control Board State Revolving Fund Low-Interest Loan Funding Agreement. FISCAL IMPACT This agreement will not impact the General Fund. Funds are available in the State Revolving Fund Loan Fund (40528) for the Southwest Recycled Water Distribution System. Funding for this project is included in the Wastewater Management Division's Fiscal Year 2018 Capital Improvement Budget. Attachment: Consultant Services Agreement