Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00580 April 05, 2022 Consent Item 08
Title: Supplemental Agreement: Pump Outfalls Replacement Project
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to execute Supplemental Agreement No. 5 to City Agreement 2020-1399 with Peterson Brustrad, Inc. (PBI) to provide additional engineering design and construction support services for the Pump Outfalls Replacement Project, for an amount not-to-exceed $53,640, bringing the agreement’s total not-to-exceed amount to $919,932.
Contact: Raymond Kong, Project Manager (916) 808-1435, [email protected]; Brett Grant, Supervising Engineer (916) 808-1413, [email protected]; Tony Bertrand, Engineering & Water Resources Division Manager, (916) 808-1461, [email protected], Department of Utilities
Presenter: None
Attachments:
1-Description/Analysis
2-Supplemental Agreement
File ID: 2022-00580 Consent Item 08
April 05, 2022
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City of Sacramento
Description/Analysis
Issue Detail: Staff recommends City Council approve Supplemental Agreement No. 5 with Peterson Brustrad Inc, for additional engineering design and construction support services for the Pump Outfalls Replacement Project, which will replace the outfalls at eight pump stations.
This agreement will implement changes in design due to unforeseen regulatory requirements.
Policy Considerations: The proposed supplemental agreement exceeds the City Manager’s approval authority, requiring Council approval. This work is consistent with the criteria set forth in the Department of Utilities (DOU) Capital Improvement Project Programming Guide to rehabilitate, replace, and expand critical infrastructure to ensure reliability and safety.
Economic Impacts: N/A
Environmental Considerations:
California Environmental Quality Act (CEQA): Per the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), approval of the proposed Supplemental Agreement is exempt from the CEQA, under the exemption that CEQA only applies to actions with potential to significantly affect the environment. Approval of this Supplemental Agreement for additional engineering services will not affect the environment. Appropriate evaluation and documentation of the environmental effects of the project as required by CEQA will be completed prior to future project approval.
Sustainability: The proposed project is consistent with the 2035 General Plan U
4.1.1 Adequate Drainage Facilities, as it improves pumping capacity for peak storm flows, improves service and infrastructure reliability, and increases redundancy.
C
ommission/Committee Action: Not applicable.
Rationale for Recommendation: The Department of Utilities (DOU) owns, operates, and maintains the 106 drainage pump stations within the City. The outfalls from the pump stations are the single point of discharge for stormwater from their respective basins. The outfall pipes penetrate and cross major levees along the Sacramento River, American River, Natomas East Main Drainage Canal, Arcade Creek, and Morrison Creek.
City staff has an ongoing requirement to inspect all outfalls that penetrate and cross major levees on a 5-year cycle as mandated by the US Army Corps of Engineers (USACE). During inspection of the outfalls, several were noted to be in failed condition or in danger of imminent failure.
File ID: 2022-00580 Consent Item 08
April 05, 2022
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City of Sacramento
Condition of the identified outfalls range from failed liners to heavy corrosion/spalling to large perforations. As a result, sinkholes have been observed at the pump stations. Some outfalls also need pipe sections replaced to match partial pipe replacements done by the USACE. PBI will provide engineering design services to replace whole or partial force mains for pump stations 58, 89, 102, 103, 151, 154, 155 and 159.
Nearing completion of the design for the project, the USACE updated their Section 408 Engineering Manual, the governing document to modifications within the levee prism. These unanticipated changes in regulatory requirements required updates to the original design and resulted in additional effort by the consultant.
Due to the heated bid market conditions, recent construction bids have been higher than originally budgeted. To mitigate the risk of bids exceeding budget, this project will separate the design into several bid packages, which will be solicited when funds become available.
Financial Considerations: The original not-to-exceed amount of the agreement was $710,829. The net change by previous supplemental agreements in the amount of $155,463 increased the agreement not-to-exceed amount to $866,292. The proposed Supplemental Agreement No. 5, in the amount of $53,640, would increase the agreement not-to-exceed amount to $919,932. Sufficient funds are available in the Drainage Sump Replacement/Rehabilitation Program (W14130600, Fund 6011) to execute the agreement.
There are no General Funds allocated or planned for this project.
Local Business Enterprise (LBE): PBI is not an LBE, but has partnered with an LBE, Sycamore Environmental, for this contract to exceed the minimum LBE participation requirement. Sycamore Environmental will provide environmental compliance and regulatory permitting support services.
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Project Title and Job Number: Pump Outfalls Replacement Project W14130615 Purchase Order #: 000057201
Date: /2022
Supplemental Contract No.: 05
The City of Sacramento ("City") and Peterson Brustad, Inc.("Contractor"), as parties to that certain Professional Services Agreement designated as Contract Number 2020-1399, including any and all prior supplemental contracts modifying the contract (the contract and all supplemental contracts are hereafter collectively referred to as the "Contract"), hereby supplement and modify the Contract as follows:
1. The Scope of Services specified in Exhibit A of the Contract is amended as follows:
Additional Scope is added as Attachment 6 to Exhibit A, attached hereto and incorporated herein and incorporated by this reference. Funding for this additional Scope is outline in Attachment 5 to Exhibit B, attached hereto and incorporated herein and incorporated by this reference.
2. In consideration of the additional and/or revised services described in section 1, above, the maximum not-to-exceed amount that is specified in Exhibit B of the Contract for payment of Contractor's fees and expenses, is increased by $53,640.00, and the Contrac -to-exceed amount is amended as follows:
Agreement's original not-to-exceed amount: $710,829.00
Net change by previous supplemental contracts: $155,463.00 Not-to-exceed amount prior to this supplemental contract: $866,292.00 Increase by this supplemental contract: $53,640.00
New not-to exceed amount including all supplemental contracts: $919,932.00
3. Contractor agrees that the amount of increase or decrease in the not-to-exceed amount specified in section 2, above, shall constitute full compensation for the additional and/or revised services specified in section 1, above, and shall fully compensate Contractor for any and all direct and indirect costs that may be incurred by Contractor in connection with such additional and/or revised services, including costs associated with any changes and/or delays in schedules or in the delivery of other services by Contractor.
4. Contractor warrants and represents that the person or persons executing this supplemental contract on behalf of Contractor has or have been duly authorized by Contractor to sign this supplemental contract and bind Contractor to the terms hereof.
5. Except as specifically revised herein, all terms and conditions of the Contract shall remain in full force and effect, and Contractor shall perform all of the services, duties, obligations, and conditions required under the Contract, as supplemented and modified by this supplemental contract. [SIGNATURES ON FOLLOWING PAGE]
SUPPLEMENTAL CONTRACT
(Rev. 11-1-19)
Approval Recommended By: Approved As To Form By:
Project Manager City Attorney
Approved By:
Contractor
Approved By:
,
City of Sacramento
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/21/2021
License # 0E67768
(925) 918-4540
13056
Peterson Brustad Inc.
80 Blue Ravine Road, Suite 280
Suite 260
Folsom, CA 95630
11150
A 1,000,000
X PSB0003803 9/20/2021 9/20/2022 1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000A
X PSA0001640 12/22/2021 12/22/2022
5,000,000A
PSE0002156 9/20/2021 9/20/2022 5,000,000
A
X PSW0002350 1/1/2022 1/1/2023 1,000,000
1,000,000
1,000,000
B Professional Liab. PAAEP0017605 9/20/2021 Per Claim 2,000,000 B Professional Liab. PAAEP0017605 9/20/2021 9/20/2022 Aggregate 2,000,000 RE: Pump Outfalls Replacement Project
All operations of the Named Insured.
General Liability: City of Sacramento, it's officials, employees and volunteers are recognized as Additional Insured on Primary & Non-Contributory basis with Waiver of Subrogation included, as required by written contract.
Workers' Compensation: Waiver of Subrogation is in favor of City of Sacramento, it's officials, employees and volunteers, as required by written contract.
Auto Liability: City of Sacramento, it's officials, employees and volunteers are recognized as Additional Insured with Waiver of Subrogation included, as required by written contract.
City of Sacramento
c/o EXIGIS, LLC.
P.O. Box 947
Murrieta, CA 92564
PETEBRU-01 MICHAELA
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Gloria Page
[email protected]
RLI Insurance Company
Arch Insurance Company
X
9/20/2022
X
X
X
X
X X
X X
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$
The ACORD name and logo are registered marks of ACORD
12/21/2021
License # 0E67768
(925) 918-4540
13056
Peterson Brustad Inc.
80 Blue Ravine Road, Suite 280
Suite 260
Folsom, CA 95630
11150
A 1,000,000
X X PSB0003803 9/20/2021 9/20/2022 1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000A
X PSA0001640 12/22/2021 12/22/2022
5,000,000A
PSE0002156 9/20/2021 9/20/2022 5,000,000
A
X PSW0002350 1/1/2022 1/1/2023 1,000,000
1,000,000
1,000,000
B Professional Liab. PAAEP0017605 9/20/2021 Per Claim 2,000,000 B Professional Liab. PAAEP0017605 9/20/2021 9/20/2022 Aggregate 2,000,000 Ref. # 106-Z364555
All operations of the Named Insured.
General Liability: Certificate Holder is named as Additional Insured on Primary & Non-Contributory basis with Waiver of Subrogation included, as required by written contract.
Auto Liability: Certificate Holder is named as Additional Insured with Waiver of Subrogation included, as required by written contract.
General Liability Additional Insured: The City of Sacramento, its officials, employees and volunteers.
City of Sacramento, c/o EBIX BPO
P.O. BOX 257, Ref #106-Z364555
Portland, MI 48875
PETEBRU-01 MICHAELA
IOA Insurance Services
3875 Hopyard Road
Suite 200
Pleasanton, CA 94588
Gloria Page
[email protected]
RLI Insurance Company
Arch Insurance Company
X
9/20/2022
X
X
X
X
X X
X X
Project Manager Raymond Kong
Project Manager Email [email protected]
Project Name Pump Outfalls Replacement Project
Project Type CIP
CIP Number W14130614 and W14130615
Insured? Yes
Insurance Firm IOA Insurance Services
California Department of Insurance License
Number
Insurance Contact Person Gloria Page
Phone Number 925-915-4540
Email [email protected]
Commercial General Liability PSB0003803
Additional Insured Endorsement (AIE) PSB0003803
Worker Comp. or State Fund PSW0002350
Auto PSA0001640
Professional Liability PAAEP0017605
Waiver of Subrogation By checking box, I confirm
Signature Data First Name: Ana
Last Name: Melendez
Email Address: [email protected]
Signed at: February 17, 2022 5:12pm America/New_York
Insurance Confirmation Form
City of Sacramento
Submitted On: Feb 17, 2022, 05:12PM EST