REPORT TO THE CITY COUNCIL June 11, 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: DEJAN PAVIC, PE, Public Utilities Manager Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Approve the Second Amendment to the Consultant Services Agreement with Safework, Inc., to extend the Agreement from June 30, 2020, to June 30, 2021, for professional Construction Safety Oversight Consulting services for various water infrastructure capital improvement projects, for a previously approved contract amount of $1,265,000. (Citywide) ..Body RECOMMENDATIONS Staff recommends that City Council approve the Second Amendment to the Consultant Services Agreement with Safework, Inc., (Safework) to extend the duration of the Agreement from June 30, 2020, to June 30, 2021, for professional Construction Safety Oversight services for various water infrastructure capital improvement projects (Project); and authorize the Director of Public Utilities, or designee, to sign the Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY Safework performs construction safety oversight services during construction of various water infrastructure capital improvement projects. Construction safety oversight is necessary to develop a culture of safety and to ensure the City's compliance with federal and state requirements and regulations. Safework supports the City and assists with compliance reviews, development of safety plans, reporting, investigations, development of training programs, site assessments, operations hazards assessments, and coordinates with program and construction management teams to ensure Department construction projects comply with all applicable statutory, regulatory, and administrative requirements. On May 19, 2016, the City Council approved an Agreement with Safework to provide professional Construction Safety Oversight services for the Project for a total fee of $1,265,000. On May 14, 2019, the City amended the Agreement to extend the contract duration to June 30, 2020, to complete the Project. This Second Amendment will extend the Consultant Services Agreement to June 30, 2021, to complete the remaining active projects. BACKGROUND The Department of Public Utilities has developed the City's Metropolitan Water Resources Management Plan. The plan is comprised of multiple capital projects to provide a sustainable and reliable water supply for the community; repair and replace aging infrastructure; and eliminate the overdrafting of the City's groundwater resources. The Department of Public Utilities does not have a construction safety program, nor staff to successfully assist in complying with safety related federal and state regulations. The safety consultant provides Safety Program Development and Oversight including development of a construction safety compliance program, health and safety awareness training for City staff, incident investigation, near miss reporting, and construction document reviews. Project Level Safety Oversight includes development of a safety plan for each project to ensure contractor compliance with the overall program specifications, regulatory requirements and the individual company's own requirements to promote a health and safety culture that has a zero incident goal. 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 construction safety oversight consulting services for the program. The RFQ requested that consultants provide a statement of qualifications (SOQ) by September 11, 2015, and the Water Division received two SOQs by the due date. The SOQs were evaluated by a selection committee consisting of representatives from the Water Division. Upon completion of the evaluation of qualifications submitted, and the scope and fee negotiation process, Safework was selected as being best to meet the City's needs for the program. On May 20, 2016, the City entered into a Consulting Services Agreement (Agreement) with Safework in the amount of $1,265,000 for professional Construction Safety Oversight Consulting services for the Project. The First Amendment extended the Agreement to June 30, 2020, to complete the Project. Due to extended completion dates for certain components of the Project, this Second Amendment will extend the Agreement to June 30, 2021. Attorney's Office has reviewed and approved as to form this Second Amendment to the Agreement. Upon approval by the City Council, the Second Amendment to Agreement will be executed by the Director of Public Utilities or 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 Citywide. This Second Amendment to Agreement is for time extension only, without appropriation of additional funds. Funding for the safety contract is available in the Water Enterprise Fund 40101 and Sewer Enterprise Fund 40501. No additional funding is required for this Project Attachments: Attachment 1 - Second Amendment to Agreement Attachment 2 - Original Consultant Agreement and First Amendment to Agreement