REPORT TO THE CITY COUNCIL May 11, 2017 FROM: THOMAS C. ESQUEDA, Director Department of Public Utilities BY: MICHAEL CARBAJAL, Planning Manager Department of Public Utilities - Water Division SUBJECT ..Title Actions pertaining to consultant services for Paleontological and Cultural Resources Monitoring and Consulting Services: 1. ***RESOLUTION - 53rd amendment to the Annual Appropriation Resolution (AAR) No. 2016-118 to appropriate $418,000 to fund a consulting services agreement and staff costs to provide Paleontological and Cultural Resources Monitoring for the Phase 2 Regional Transmission Mains Project (Requires 5 affirmative votes) 2. Approve a Consultant Services Agreement with PaleoWest Archaeology, LLC., not to exceed $624,940 to provide Paleontological and Cultural Resources Monitoring and Consulting Services for various water infrastructure capital improvement projects (citywide) ..Body RECOMMENDATIONS Staff recommends that City Council: 1. Approve the 53rd Amendment to the AAR No. 2016-118 to fund a consulting services agreement and staff costs to provide Paleontological and Cultural Resources Monitoring and Consulting Services for the Phase 2 Regional Transmission Mains Project. 2. Approve a consultant services agreement with PaleoWest Archaeology, LLC. (PaleoWest), for an amount not to exceed $624,940 to provide Paleontological and Cultural Resources Monitoring and Consulting Services for various water infrastructure capital improvement projects. 3. 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 and Consulting Services during the construction of various water infrastructure capital improvement projects. Paleontological and Cultural Resources Monitoring and Consulting 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 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 over drafting of the City's groundwater resources. 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 and Consulting 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 Water Division. Upon completion of the evaluation of qualifications submitted, and the scope and fee negotiation process, PaleoWest was selected as being best to meet the City's needs for the program. The services required by this agreement will be completed in approximately 456 consecutive calendar days from the authorization to proceed. The contract is for a not to exceed amount of $ 624,940 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 within the meaning of Public Resources Code Section 21803 (CEQA Guidelines � 15378) because the organizational and administrative activities as identified in the consultant agreement will not result in direct or indirect physical changes in the environment. LOCAL PREFERENCE Local preference was not implemented because no local firms proved to be responsive and responsible to the RFQ. FISCAL IMPACT This agreement will not have any impact to the General Fund. As requested by the City, the projected costs totaling $624,940 to provide paleontological and cultural resources monitoring and consulting services have been allocated as follows: 1. Friant-Kern Canal Pipeline: $5,820 2. Kings River Pipeline: $186,240 3. Regional Transmission Mains: $397,960 4. NE Water Storage Tank: $34,920 Funds are available in the State Revolving Fund Loan funds for the Friant-Kern Canal Pipeline (40184) and Kings River Pipeline (40161) projects and in the Copper River Ranch Water Infrastructure Fund for the NE Water Storage Tank (40168). The approval of an amendment to the AAR is necessary to appropriate additional funds in the Regional Transmission Mains Loan Fund for the consultant agreement and staff costs (40162). The cost of debt service for the state low interest loans 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. The revenue for Copper River Ranch Water Infrastructure is from development fees for water supply improvements. Attachments: Consultant Services Agreement 53rd Amendment to the Annual Appropriation Resolution No. 2016-118