REPORT TO THE CITY COUNCIL FROM: MICHAEL CARBAJAL, Director Department of Public Utilities BY: BROCK BUCHE, PE, PLS, Assistant Director - UP&E Department of Public Utilities - Utilities Planning & Engineering SARAH AGUILA, Supervising Engineering Technician Department of Public Utilities - Utilities Planning & Engineering SUBJECT ..Title Approve the Second Amendment to the consultant services agreement with Carollo Engineers Inc., to extend the agreement term from December 17, 2021, to March 31, 2023, due to longer than expected railroad crossing permitting efforts for the North Avenue Sewer Trunk Main Realignment Project (Council Districts 3 & 5, and Fresno County) ..Body RECOMMENDATIONS Staff recommends that City Council approve the Second Amendment to the consultant services agreement (Agreement) with Carollo Engineers, Inc., (Consultant), to extend the Agreement term from December 17, 2021, to March 31, 2023, due to longer than expected railroad crossing permitting efforts for the North Avenue Sewer Trunk Main Realignment Project (Project); and authorize the Director of Public Utilities, or designee, to sign the Second Amendment on behalf of the City of Fresno (City). EXECUTIVE SUMMARY The Department of Public Utilities recommends City Council approval the Second Amendment to the Agreement with Consultant extend the Agreement term due to greater than anticipated time to secure the necessary Burlington North Santa Fe Railroad (BNSF) crossing agreement. The additional time is necessary to continue engineering support services through the construction phase. On July 1, 2019, the City Council approved the Agreement with the Consultant to provide Professional Engineering Consultant Services for the Project for a total fee of $210,920 inclusive of a $20,000 contingency. The First Amendment to the Agreement increased the Consultant's compensation and extended the Agreement term to December 17, 2021, to allow for necessary revisions to the Project plans and specifications caused by a change to the sewer trunk alignment. Subsequently, due to the longer than expected permitting process with BNSF, the Second Amendment will extend the professional services through the construction phase. BACKGROUND The Project is necessary to replace a failed section of the existing 57-inch diameter North Avenue sewer trunk main, at a location approximately 1,450 feet west of Maple Avenue. The failure is adjacent to a major railroad crossing serving both the BNSF and Union Pacific Railroads. The Agreement extension is necessary to allow for engineering support services through the construction phase. Multiple plan reviews resulted in increased efforts by the Consultant in preparing design alternatives and coordinating with BNSF for approval. The increased duration to develop final plans and specifications has resulted in the need to extend the agreement. Additionally, time was required to make necessary revisions to accommodate a separate 66-inch diameter sewer trunk main tying into the Project from the west. Outside agency review of the 66-inch diameter sewer trunk main project resulted in a southern shift to its alignment. This change in alignment directly impacted the Project's diversion structure requiring modifications to coordinate both projects. The City Attorney's Office has reviewed the Second Amendment and approved it as to form. Upon approval by the City Council, the Second Amendment to the 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 agreement. FISCAL IMPACT There is no impact to the General Fund. The Project is located in Council Districts 3, 5, and Fresno County. Funding for this Project was previously encumbered within the Wastewater Management Division, Sewer Enterprise Fund 40501. Attachments: Attachment 1 - Second Amendment to Agreement Attachment 2 - First Amendment to Agreement Attachment 3 - Consultant Services Agreement