Agenda Item #12.2
For Council Meeting of: November 28, 2023
CITY OF SANTA ROSA
CITY COUNCIL
TO: MAYOR AND CITY COUNCIL
FROM: JAMES JENSEN, DEPUTY DIRECTOR, ENGINEERING
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GREEN VALLEY CONSULTING ENGINEERS, INC. CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH FIRE DAMAGED ROADWAY LANDSCAPING AGENDA ACTION: RESOLUTION
RECOMMENDATION
It is recommended by the Transportation and Public Works Department that the Council, by resolution, approve a Second Amendment to Professional Services Agreement Number F002460 with Green Valley Consulting Engineers, Inc. of Santa Rosa, California, for Construction Management and Inspection Services associated with the Fire Damaged Roadway Landscaping Project, increasing compensation in the amount of $384,890, for a total contract amount not to exceed $1,031,932.
EXECUTIVE SUMMARY
This resolution will approve the Second Amendment to Professional Services Agreement Number F002460 with Green Valley Consulting Engineers, Inc. (Green Valley) for Construction Management and Inspection Services, increasing the contract amount by $384,890 for a total contract not-to-exceed amount of $1,031,932. Green Valley is performing construction management and inspection services for the City’s Fire Damaged Roadway Landscaping Project (C02300).
This Project is eligible for reimbursement under the Federal Emergency Management Agency (FEMA) Public Assistance (PA) and Hazard Mitigation Grant Programs (HMGP) with funding obligated under FEMA Public Assistance Project ID #36360 and #36380. Funding appropriated from the General Fund for this project will be returned to the General Fund where the City secures reimbursement from FEMA.
BACKGROUND
Council awarded the construction contract for the Roadway Landscaping Project in March 2022. Council approved the original agreement with Green Valley for the Construction Management Inspection services for the construction in April 2022. The City issued the Notice to Proceed for the Construction Contract in June 2022. On July 31, 2023, the City executed a First Amendment to the Agreement with Green Valley to extend the time of performance to May 31, 2024.
PRIOR CITY COUNCIL REVIEW
On November 5, 2019, City Council, by resolution, approved a Professional Services Agreement with Callander Associates Landscape Architecture, Inc. to provide landscape architectural design services for the Fire Damages Roadway Landscaping Project.
On February 22, 2022, City Council, by resolution, approved the PG&E settlement funds project list associated with Tubbs Fire Recovery and appropriated necessary funds to each project.
On March 15, 2022, City Council approved the construction contract C02300 award Fire Damaged Roadway Landscaping to the lowest responsive bidder, Bortolussi & Watkin, Inc.
On April 12, 2022, City Council, by motion, approved a Professional Services Agreement with Green Valley Consultant Engineers to provide Construction Management and Inspection services for the Fire Damaged Roadway Landscaping Project.
ANALYSIS
Green Valley is providing construction management and inspection services on the City’s Fire Damaged Roadway Landscaping Project (C02300).
Work by the construction contractor on the Fire Damaged Roadway Landscaping Project has been delayed and faced challenges related to the construction contractor’s diligent prosecution of the work, including issues related to securing insurance for work in a fire zone, obtaining approved submittals, weather, and general performance issues related to onsite mobilitation. Because of grant funding deadlines associated with the construction contract, the construction contractor was also required to increase its crew size, re-prioritize work towards areas funded by the grant and to ultimately compress its work timelines to try to ensure timely completion. The City is continuing to evaluate what remedies it has available to address construction contractor delays to ensure timely completion of the Project at an acceptable construction cost.
These delays in the construction contract have increased Green Valley’s scope and cost to provide construction management and inspection services to the Fire Damaged Roadway Landscaping Project. Green Valley has advised the City that additional construction management and inspection needs have been driven by the construction contractor delays and the subsequent need to catch up and adhere to compressed project timelines to meet grant funding deadlines following the delays. Green Valley has also indicated that there is additional work and costs associated with the construction contractor’s lack of experience in similar roles as a lead on municipal projects. Additional steps and diligence to compile adequate and compliant records for grant purposes is also critical with the now compressed Project timeline.
The Second Amendment to the Green Valley Agreement will increase compensation to Green Valley. The City will seek reimbursement for contract activities eligible under the FEMA PA program.
FISCAL IMPACT
The requested amount was set as a precautionary measure, but the actual expense may be less due to reduced crews for the remaining work. Approval of this PSA Amendment will have no impact on the General Fund if federal funding is secured and will be paid for in Project key 17626 – FEMA Coffey Roadway Irrigation. Existing appropriations will be used to cover the cost of the contract, and any expenditures will be reimbursed from FEMA and CalOES.
ENVIRONMENTAL IMPACT
This project is Statutorily Exempt from CEQA requirements in accordance with CEQA Guidelines Section 15269(a). This project is necessary to restore public facilities destroyed as a result of a disaster in a disaster-stricken area in which the State of Emergency had been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code.
BOARD/COMMISSION/COMMITTEE REVIEW AND RECOMMENDATIONS
Not applicable
NOTIFICATION
Not applicable.
ATTACHMENTS
Attachment 1 – Location Map
Resolution / Exhibit A - Second Amendment to Professional Services Agreement Number F002460
PRESENTER
Danny Chen, Assistant Engineer
Gregory Mariscal, Supervising Engineer
APPROVAL OF SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH GREEN VALLEY CONSULTING ENGINEERS, CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES ASSOCIATED WITH FIRE DAMAGED ROADWAY LANDSCAPING PAGE 3 OF 3