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Home My WebLink About _ 4.11(b)--Request for Proposal No. 5375 Construction Management Services GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: August l, 2023 FROM: Chuck Aukland,Public ITEM NO. 4.11(b) Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 7(?3/2423 ry ip}�in,�C"i ana � 71?,412423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(b)--Award Request for Proposal No. 5375 and Authorize Execution of Consulting and Professional Services Contract for Construction Management and Inspection Services for the Foothill Water Treatment Plant Generator Pro�ect Recommendation Authorize the following actions relative to Request for Proposals (Schedule No. 5375), Construction Management and Inspection Services for the Foothill Water Treatment Plant Generator Project: (1) Award Reguest for Proposals to TRC Companies, Inc.; (2) Autharize the Mayor to execute a Consulting and Professional Services Agreement for a not-to-exceed fee of $233,874.85 with TRC Companies, Inc., to provide Construction Management and Inspection Services for the Foothill Water Treatment Plant Generator Project; and (3) Autharize the City Manager to approve contract amendments not-to-exceed$50,000. Fiscal Impact The requested services will be funded through Water Utility funding in the amount of$58,468.71 (25%) and Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program (HMGP) funding in the amount of $175,40615 (75%). The total project costs are estimated to be more than $3.5 Million and funded with a similar proportion of HMGP and Water Utility funding. Alternative Actzon The City Council (Council) may choose not to award this agreement, in which case, City of Redding (City) staff would be required to complete the construction management and inspection services. This would require either consultant services to be solicited for other capital work ar a reduction in the City's capital program delivery. Background/Analysis Report to Redding City Council July 24, 2023 Re: 4.11(b)--ReRuest for Proposal No. 5375 Construction Management Services Page 2 The proposed capital project includes the installation of a new standby generator and automatic transfer switch at the Foothill Water Treatment Plant (FWTP). The generator will provide a backup power source and mitigate the risk of an outage and deficient water supply in the City during an emergency or power outage at the FWTP. The project also includes replacement of two existing transformers and switchboards at the treatment plant with a single, new transformer and main switchboard, for use with the new generator and automatic transfer switch. Additional site improvements in the project will include construction of concrete pads and retaining walls, asphalt concrete pavement around the generator area, and construction of a new shade structure to protect the new electrical equipment. Due to the City's engineering staff's oversight of a significant number of projects this upcoming construction season, there is insufficient staff to manage a project of this magnitude and complexity without affecting the delivery of other projects. As such, consultant support is required. CONSULTANT SELECTION PROCESS In April 2023, a formal Request for Proposals (RFP), No. 5375, was advertised, outlining the specific scope of work. Proposals were required to include a scope of work and proposed fee. On J�une 23, 2023, proposals and fee schedules were received from one firm, TRC Companies, Inc. (TRC). A review and selection panel was formed consisting of inembers from the Public Works Department. Based upon the stated criteria for review of the proposals and the experience of the firm, the panel determined that TRC's proposal received met all requirements of the RFP and they were selected for further evaluation. The proposal was evaluated based on the understanding of the scope of work, ability to meet the proposed schedule and maintain the project budget, experience and qualifications of the proposed staff, ability to work with City staff, project approach, familiarity with state and City procedures, and geographic location of the team. Applying the criteria to the proposal, the selection panel determined that TRC is the best gualified firm to provide the required services for this project. Following the evaluation and ranking, TRC's proposed fees were opened, evaluated, and negotiated to include reasonable costs based on the scope of services as well as previous similar project cost comparisons. The consultant fee is estimated and payments will be for actual work performed on a time and materials basis within the not-to-exceed contract limits. However, staff recommends the approval of an additional $50,000 in contingency reserve. Contingency funds may be necessary due to unforeseen project issues. If this reserve needs to be utilized, an amendment would be negotiated with the consultant and the contract would be modified with approval of the City Manager. The attached Professional Services Agreement with TRC is approved as to form by the City Attorney. Environmental Review This action is not a project as defined by the California Environmental Quality Act (CEQA). No further action is required. On June 20, 2023, Council determined that the Foothill Water Treatment Plant Generator Project is categorically exempt from review under the CEQA Guidelines, pursuant to Section 15301 — Report to Redding City Council July 24, 2023 Re: 4.11(b)--ReRuest for Proposal No. 5375 Construction Management Services Page 3 Existing Facilities and Section 15303 —New Construction or Conversion of Small Structures. On May 31, 2022, FEMA found that the project is categorically excluded from environmental review under the National Environmental Policy Act, pursuant to FEMA Categorical Exclusion N18 - Federal Assistance for Construction or Installation of Structures, Facilities, or Equipment to Ensure Continuity of Operations. Council PNio�^ity/City Manager Goals • This agenda item is a routine operational item. c: Nick Visconti, Construction Manager Michelle Kempley, Interim Purchasing Officer Attachments ^Location Map ^TRC Agreement ^ Cost Proposal Staff Report 6-20-2023 � � i t � � � � � -- , _ n ', . t` `, � i _ � �� , r _ �, r �- � �, � t �� .. � �� EUREKA WAY(SR 299W) �� .. �'. �� 0 ti � -� � ��'�� %� 7�� ' � � `� a � � ��., � v �. � �. � �,. � � � ��. �. � , �,.. � � �" RIES��,�..,, ; � � ; pROJECT � � � q rti ti�� ` �`� � `�, LOCATION � P�N�� ,� � o, �, , �� T ��H , ��, �� / � s ° � � � � LATITUDE 8c LONGITUDE:�, � � � � ��" � �y� �, � �, . 40 582159, 122.41�/79'f, � � � ` C C1LQM�F�(�L� vVA�,K� � �: �qv�� NSTONE P� - � � , _� Y t 1 � � � � �� REE � z ' � �� _, \ . > �� _ >j � v� � �"" 1 _ � m _ ' FppTH�LL�"V[� � � , � � �, � � � � . � � � , � � 1 �. _ y � . � � ; , , , �� , � � � - �, � � � , v� �'�`'-- ''=-- ao � � y � � , ��.. � Q � , , �-� � �-- _-�� \„ � � � �n r ��PSTP S� � A � ❑ � �` v 1 �. ' . �" - �� .., "�—� FOOTHI��WATEFi � � � � �� '� ��, ;. , � �� " � � � TREATMENT PLANT �� ` ;. > � •./ - ��; M�NZ�NITA � � ��"�r� �� 1 EI..FMENTARY �;: � .' -- � ,�' �. 1 SCHOOL %�� ,'' ��., L �� -, J�' � � P�� "�� ST�P��R � � �M1 � (�"� i. � ,�, , " �' �� -^f t �� t ,.. ` � , � •. . ",. , . �� , ,w � f " �..., ��, '�, q�w t` � ='� „ � �0� � �, � � - Z , . � � o �� ,. �.,, � �, �.,� � � " .,, � � . A � � ��.. �, ,... v� �. � . � �.� C �� ..,....,.�.�... � �,� ESS �, � �� S� � �,� ,..� , R � - . ; �" � �\ � �� y `� o � � � . ��..� v � � .. - ; �l ��-a �.., » ��;;... �n � � � "� S� �. ,' ' ,��., �..,. A; ' � o � � � ��F� � �, , � ��., � � �, _ + � ��:�' t � ��r'.:, ; �, � �- ,y _ � ,,% ,' < � l� - �" �� y �� — � � � W��,s �� `� � oS��P � '` '� a�E -, � � �� ,`�� , � � EN�o , s� � � � � , '\ �A�RPM , , � �� - �� , , . sourH s� � e� EN��'�/� ,� R �` �" , � _"� ' �, � � � �� e�� _ � � I t � �� - ,,t \ t �— _ , �oF �Foo, FWTP C�aERIEFiATOR � � CITY OF REDDING P ROJ ECT MAP �1 � � ��T �NGIN��RING DEPARTMENT DESIGNED: KURT MAIRE, PE SCALE: 1" = 500' ��FOaC� PREPARED: KURT MAIRE, PE DATE: FEB 28, 2019 CITY OF REDDING CONSULTING AND PROFESSIONAL SERVICES CONTRACT THIS CONTRACT is made at Redding, California,by and between the City of Redding("City"), a municipal corporation, and TRC ("Consultant") for the purpose of providing Construction Management Services for the Foothill Water Treatment Plant Generator Project. WHEREAS, City does not have sufficient personnel to per�orm the services required herein thereby necessitating this Contract for personal services. NOW, THEREFORE, the Parties covenant and agree, for good consideration hereby acknowledged, as follows: SECTION l. CONSULTANT SERVICES Subject to the terms and conditions set �orth in this Contract, Consultant shall provide to City the services described in Exhibit A,attached and incorparated herein. Consultant shall provide the services at the time,place and in the manner specified in Exhibit A. SECTION 2. COMPENSATION AND REIMBURSEMENT OF COSTS A. City shall pay Consultant for services rendered pursuant to this Contract, at the times and in the manner set forth in Exhibit B, attached and incorporated herein, in a total amount not to exceed Two Hundred Thirty-Three Thousand Eight Hundred Seventy- Four pollars and 85/100 ($233,874.85). This suln includes all out-of pocket travel, lodging and incidental expenses incurred by Consultant that are reasonably associated with the provision of services under this Contract. The payments specified herein shall be the only payments to be made to Consultant for services rendered pursuant to this Contract. B. Consultant shall submit monthly invoices to City for work completed to the date of the invoice. All invoices shall be itemized to reflect the employees performing the requested tasks, the billing rate for each employee and the hours worked. C. All correct,complete and undisputed invoices sent by Consultant to City shall be paid within thirty(30) calendar days of receipt. D. Pursuant to Section 1"781 of the Labor Code, Consultant is advised that the work contemplated in this contract is subject to the payment of prevailing wages and a11 other requirements of the Prevailing Wage Law. The prevailing wage of each job classification may be found by inquiry with the California Department of Industrial Relations. Consultant shall comply with all laws related to the performance of public work including,but not limited to,the employlnent of apprentices pursuant to Section PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi 1 Rev.02/17 1777.5 of the Labor Code, work day/week hours and overtime rates pursuant to Sections 1813 and 1815of the Labor Code and the obligation set forth in Section 1774-1776 of the Labor Code in regards to payment of prevailing wages and to provide the City of Redding and Department of Industrial Relations certified payrolls when required. A certified copy of all payroll records relative to this project shall be submitted to the City of Redding along with the related invoice. Receipt of certi�ed payroll records is a prerequisite to receiving payment. E. No Consultant or subconsultant may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. No Consultant or subconsultant may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. All Consultants and subconsultants must furnish electronic certified payroll records to the Labor Commissioner. This requirement applies to all public works projects, whether new or ongoing. Consultant is further advised that the work contemplated herein is subject to compliance inonitoring and enforcement by the Department of Industrial Relations. SECTION 3. TE1�:M AND TERMINATION A. Consultant shall commence work on or about July 24, 2023, and complete said work no later than September 30, 2024. Time is of the essence. B. If Consultant fails to perform its duties to the satisfaction of City, or if consultant fails to fulfill in a timely and professional manner its obligations under this Contract, then City shall have the right to terminate this Contract effective immediately upon City giving written notice thereof to Consultant. C. Either Party may terminate this Contract without cause on thirty(30) calendar days' written notice. Notwithstanding the preceding, if the ter�n set forth in Section 3.A. of this Contract exceeds ninety (90) calendar days in duration, Consultant's sole right to terminate shall be limited to termination for cause. D. Consultant hereby acknowledges and agrees that the obligation of City to pay under this Contract is contingent upon the availability of City's funds which are appropriated or allocated by the City Council. Should the funding for the project and/or work set forth herein not be appropriated or allocated by the City Council, City lnay terminate this Agreement by furnishing at least thirty (30) calendar days' written notice of its intention to terminate. In the event of a termination pursuant to this subdivision, Consultant shall not be entitled to a remedy of acceleration of payments due over the term of this Agreement. The Parties acknowledge and agree that the power to terminate described herein is required by Article 16, Section 18, of the California Constitution, and that constitutional provision supersedes any law, rule, regulation or statute which conflicts with the provisions of this Section. PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi Z Rev.02/17 E. In the event that City gives notice of termination, Consultant shall promptly provide to City any and a11 finished and unfmished reports, data, studies,photographs, charts or other work product prepared by Consultant pursuant to this Contract. City sha11 have fu11 ownership, including, but not limited to, intellectual property rights, and control of all such finished and unfinished reports, data, studies, photographs, charts or other work product. F. In the event that City terminates the Contract, City shall pay Consultant the reasonable value of services rendered by Consultant pursuant to this Contract; provided, however, that City shall not in any manner be liable for lost pro�ts which might have been made by Consultant had Consultant completed the services required by this Contract. Consultant sha11, not later than ten (10) calendar days after termination of this Contract by City, furnish to City such financial in�ormation as in the judgment of the City's representative is necessary to determine the reasonable value of the services rendered by Consultant. G. In no event shall the termination or expiration of this Contract be construed as a waiver of any right to seek remedies in law, equity or otherwise for a Party's failure to per�orm each obligation required by this Contract. SECTION 4. MISCELLANEOUS TERMS AND CONDITIONS OF CONTRACT A. City shall make its facilities accessible to Consultant as required for Consultant's performance of its services under this Contract, and, upon request of Consultant, provide labor and safety equipment as required by Consultant for such access. B. Pursuant to the City's business license ordinance, Consultant shall obtain a City business license prior to commencing work. C. Consultant represents and warrants to City that it has a11 licenses, permits, qualifications and approvals of any nature whatsoever that are legally required for Consultant to practice its profession. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Contract any licenses, permits and approvals that are legally required for Consultant to practice its profession. D. Consultant shall, during the entire term of this Contract, be construed to be an independent contractor and nothing in this Contract is intended, nor shall it be construed, to create an employer/employee relationship, association, joint venture relationship,trust or partnership or to allow City to exercise discretion or control over the professional manner in which Consultant performs under this Contract. Any and all taxes imposed on Consultant's income, imposed or assessed by reason of this Contract or its perfor�nance, including but not limited to sales or use taxes, shall be paid by Consultant. Consultant shall be responsible for any taxes or penalties assessed by reason of any claims that Consultant is an employee of City. Consultant shall not be eligible for coverage under City's workers' compensation insurance plan, benefits PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi J Rev.02/17 under the Public Employee Retirement System or be eligible for any other City benefit. E. No provision of this Contract is intended to,or shall be for the benefit of,or construed to create rights in, or grant remedies to, any person or entity not a party hereto. F. No portion of the work or services to be performed under this Contract shall be assigned, transferred, conveyed or subcontracted without the prior written approval of City. Consultant may use the services of independent contractors and subcontractors to perform a portion of its obligations under this Contract with the prior written approval of City. Independent contractors and subcontractors shall be provided with a copy of this Contract and Consultant sha11 have an affirmative duty to assure that said independent contractors and subcontractors comply with the same and agree to be bound by its terms. Consultant shall be the responsible party with respect to all actions of its independent contractors and subcontractors, and shall obtain such insurance and indemnity provisions from its contractors and subcontractors as City's Risk Manager shall determine to be necessary. G. Consultant, at such times and in such form as City may require, shall furnish City with such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs or obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. H. Consultant sha11 maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by City to assure proper accounting for all project funds. These records shall be made available for audit purposes to state and federal authorities, or any authorized representative of City. Consultant shall retain such records for three (3) years after the expiration of this Contract, unless prior permission to destroy them is granted by City. I. Consultant shall perform all services required pursuant to this Contract in the manner and according to the standards observed by a competent practitioner of Consultant's profession. A11 products of whatsoever nature which Consultant delivers to City pursuant to this Contract sha11 be prepared in a professional manner and conform to the standards of quality normally observed by a person practicing the profession of Consultant and its agents, employees and subcontractors assigned to perform the services contemplated by this Contract. J. All completed reports and other data or documents, or computer media including diskettes, and other materials provided or prepared by Consultant in accordance with this Contract are the property of City, and may be used by City. City shall have all intellectual property rights including, but not limited to, copyright and patent rights, in said documents, computer media, and other materials provided by Consultant. City shall release, defend, indemnify and hold harmless Consultant from all clauns, costs, expenses, damage or liability arising out of or resulting from City's use or PR�VWAGE-Consultio�and Professional Services Co�Vact PClg�i 4 Rev.02/17 modification of any reports, data, docuinents, drawings, specifications or other work product prepared by Consultant, except for use by City on those portions of the City's project for which such items were prepared. K. Consultant, including its employees, agents, and subconsultants, shall not maintain or acquire any direct or indirect interest that conflicts with the performance of this Contract. Consultant shall comply with all requirements of the Political Reform Act (Government Code § 8100 et seq.) and other laws relating to conflicts of interest, including the following: 1) Consultant shall not make or participate in a decision made by City if it is reasonably foreseeable that the decision may have a material effect on Consultant's economic interest, and 2) if required by the City Attorney, Consultant shall file fmancial disclosure forms with the City C1erk. SECTION 5. INSURANCE A. Unless modified in writing by City's Risk Manager, Consultant shall maintain the following noted insurance during the duration of the Contract: Covera�e Required Not Required Commercial General Liability X Comprehensive Vehicle Liability X Workers' Compensation and Employers' Liability X Professional Liability(Errors and Omissions) X (Place an"x"in the appropriate box) B. Coverage shall be at least as broad as: 1. Insurance Services Office form number CG-0001, Commercial General Liability Insurance, in an amount not less than$1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury, personal injury and property damage; 2. Insurance Services Office form number CA-0001 (Ed. 1/87), Comprehensive Automobile Liability Insurance, which provides for total limits of not less than $1,000,000 combined single limits per accident applicable to all owned, non-owned and hired vehicles; 3. Statutory Workers' Compensation required by the Labor Code of the State of California and Employers' Liability Insurance in an amount not less than $1,000,000 per occurrence.Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, of�icers, employees, agents. PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi S Rev.02/17 4. Professional Liability (Errors and Omissions) Insurance, appropriate to Consultant's profession, against loss due to error or omission or malpractice in an amount not less than $1,000,000. 5. The City does not accept insurance certificates or endorsements with the wording "but only in the event of a named insured's sole negligence" or any other verbiage limiting the insured's insurance responsibility. C. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self insured retentions as respects the City, its elected officials, officers, employees, agents; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claims administration and defense expenses. D. The General Liability sha11 contain or be endorsed to contain the following provisions: 1. City,its elected officials, officers, employees, and agents are to be covered as additional insured as respects liability arising out of work or operations performed by or on behalf of Consultant; premises owned, leased or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected officials, officers, employees, agents. 2. The insurance coverage of Consultant shall be pri�nary insurance as respects City, its elected officials, officers, employees, agents. Any insurance or self- insurance lnaintained by City,its elected officials,officers, employees,agents and volunteers, sha11 be in excess of Consultant's insurance and sha11 not contribute with it. 3. Coverage shall state that the insurance of Consultant shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this Contract sha11 be endorsed to state that coverage shall not be canceled except after thirty (30) calendar days' prior written notice has been given to City. In addition, Consultant agrees that it shall not reduce its coverage or limits on any such policy except after thirty (30) calendar days' prior written notice has been given to City. E. Insurance is to be placed with insurers with a current A.M.Best's rating of no less than A-VII. F. Consultant shall designate the City of Redding as a Certificate Holder of the insurance. Consultant shall furnish City with certificates of insurance and original endorsements effecting the coverages required by this clause. Certi�cates and PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi 6 Rev.02/17 endorsements shall be furnished to: Risk Management Department, City of Redding, "7'7'7 Cypress Avenue, Redding, CA 9600L The certificates and endorsements for each insurance policy are to be signed by a person authorized by the insurer to bind coverage on its behalf. A11 endorsements are to be received and approved by the City's Risk Manager prior to the cominencement of contracted services. City may withhold payments to Consultant if adequate certificates of insurance and endorsements required have not been provided, or not been provided in a timely manner. G. The requirements as to the types and limits of insurance coverage to be maintained by Consultant as required by Section 5 of this Contract, and any approval of said insurance by City, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by Consultant pursuant to this Contract, including, without limitation,provisions concerning indemnification. H. If any policy of insurance required by this Section is a"claims made"policy,pursuant to Code of Civil Procedure § 342 and Government Code § 945.6, Consultant shall keep said insurance in effect for a period of eighteen(18)months after the termination of this Contract. L If any damage, including death, personal injury or property damage, occurs in connection with the performance of this Contract, Consultant sha11 immediately notify City's Risk Manager by telephone at (530) 225-4068. No later than three (3) calendar days after the event, Consultant sha11 submit a written report to City's Risk Manager containing the following information, as applicable: 1)name and address of injured or deceased person(s);2)name and address of witnesses; 3)name and address of Consultant's insurance company; and 4) a detailed description of the damage and whether any City property was involved. SECTION 6. TNDEIVINIFICATION AND HOLD HARMLESS A. Consistent with California Civil Code § 2'782.8, when the services to be provided under this Contract are design professional services to be per�ormed by a design professional, as that term is defined under Section 2'782.8, Consultant shall, to the fullest extent permitted by law, indemnify protect, defend and hold harmless, City, its elected officials, officers, employees, and agents, and each and every one of them, from and against all actions, damages, costs, liability, claims, losses, penalties and expenses (including reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) to the extent caused by the negligence, recklessness, or willful misconduct of Consultant, its officers, employees or agents in the performance of professional services under this Contract,except when liability arises due to the negligence or misconduct of the City. B. Other than in the performance of professional services by a design professional, which is addressed solely by subdivision(A) of this Section, and to the fullest extent permitted by law,Consultant shall indemnify protect,defend and hold harmless, City, PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi / Rev.02/17 its elected officials, officers, employees, and agents, and each and every one of them, from and against a11 actions, damages, costs, liability, claims, losses, penalties and expenses (including reasonable attorney's fees of the City Attorney or legal counsel retained by City, expert fees, litigation costs, and investigation costs) cause by the negligent perforinance of the services required under this Contract by Consultant its officers, employees or agents in the performance of professional services under this Contract,except when liability arises due to the negligence or misconduct of the City. C. The Consultant's obligation to defend, indemnify and hold harmless shall not be excused because of the Consultant's inability to evaluate liability. The Consultant shall respond within thirty (30) calendar days to the tender of any claim for defense and indemnity by the City, unless this time has been extended in writing by the City. If the Consultant fails to accept or reject a tender of defense and indemnity in writing delivered to City within thirty (30) calendar days, in addition to any other remedy authorized by 1aw, the City may withhold such funds the City reasonably considers necessary for its defense and indemnity until disposition has been made of the claim or until the Consultant accepts or rejects the tender of defense in writing delivered to the City,whichever occurs first. This subdivision shall not be construed to excuse the proinpt and continued perfor�nance of the duties required of Consultant herein. D. The obligation to indemnify, protect, defend, and hold harmless set forth in this Section applies to all claims and liability regardless of whether any insurance policies are applicable. The policy limits of said insurance policies do not act as a limitation upon the amount of indemnification to be provided by Contractor. E. City shall have the right to approve, which approval shall not be unreasonably withheld, or disapprove the legal counsel retained by Consultant pursuant to this Section to represent City's interests. City shall be reimbursed for all costs and attorney's fees incurred by City in enforcing the obligations set forth in this Section. Notwithstanding anything to the contrary in this Agreement, Consultant's indemnification and defense obligations shall be limited to the percentage of fault apportioned to Consultant by a court of law, arbitrator or by mutual agreement between the parties to this Agreement. Consultant shall be entitled to reimbursement of any defense costs paid above Consultant's percentage of liability for the underlying claim to the extent determined by a court of law, arbitrator or by mutual agreement between the parties to this Agreement. F. Notwithstanding anything to the contrary in this Agreement, Consultant and City waive any and all claims against each other for incidental, consequential, special, multiple, and punitive damages arising out of or relating to this Agreement. This waiver includes, but is not limited to, loss of profit, loss of business, loss of income, loss of reputation or any other consequential damage that either Party may incur from any cause of action including negligence, strict liability, contract breach, and strict or implied breach of warranty. SECTION 7. CONTRACT INTERPRETATION, VENUE AND ATTORNEY FEES PR�VWAGE-Consultiog and Professional Services Co�Vact PCIgPi O Rev.02/17 A. This Contract shall be deemed to have been entered into in Redding, California. All questions regarding the validity, interpretation or performance of any of its terms or of any rights or obligations of the parties to this Contract shall be governed by California law. If any claim, at law or otherwise, is made by either parry to this Contract, the prevailing party sha11 be entitled to its costs and reasonable attorneys' fees. B. This document, including all exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding each may have had prior to the execution of this Contract. This Contract shall not be altered, amended or modified eXcept by a writing signed by City and Consultant. No verbal agreement or conversation with any official, officer, agent or employee of City, either before, during or after the execution of this Contract, shall affect or modify any of the terms or conditions contained in this Contract, nor shall any such verbal agreement or conversation entitle Consultant to any additional payment whatsoever under the terms of this Contract. C. No covenant or condition to be performed by Consultant under this Contract can be waived except by the written consent of City. Forbearance or indulgence by City in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Consultant of said covenant or condition is complete, City shall be entitled to invoke any remedy available to City under this Contract or by law or in equity despite said forbearance or indulgence. D. If any portion of this Contract or the application thereof to any person or circumstance shall be invalid or unenforceable to any extent, the remainder of this Contract shall not be affected thereby and shall be enforced to the greatest extent permitted by law. E. The headings in this Contract are inserted for convenience only and shall not constitute a part hereo£ A waiver of any party of any provision or a breach of this Contract must be provided in writing, and shall not be construed as a waiver of any other provision or any succeeding breach of the same or any other provisions herein. F. Each Party hereto declares and represents that in entering into this Contract, it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each Party further declares and represents that this Contract is made without reliance upon any statement or representation not contained herein of any other Party or any representative, agent or attorney of the other Party. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms, and conditions of this Contract and that the decision of whether or not to seek the advice of counsel with respect to this Contract is a decision which is the sole responsibility of each of the Parties. Accordingly, no party shall be deemed to have been the drafter hereof, and the principle of law set forth in Civil Code § 1654 that contracts are construed against the drafter shall not apply. PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi 9 Rev.02/17 G. Each of the Parties hereto hereby irrevocably waives any and all right to trial by jury in any action, proceeding, claim or counterclaim, whether in contract or tort, at law or in equity, arising out of or in any way related to this Agreement or the transactions contemplated hereby. Each Party further waives any right to consolidate any action which a jury trial has been waived with any other action in which a jury trial cannot be or has not been waived. H. In the event of a conflict between the term and conditions of the body of this Contract and those of any exhibit or attachment hereto, the terms and conditions set forth in the body of this Contract proper shall prevaiL In the event of a conflict between the terms and conditions of any two or more exhibits or attachments hereto, those prepared by City shall prevail over those prepared by Consultant. SECTION 8. SURVIVAL The provisions set forth in Sections 3 through 7, inclusive, of this Contract sha11 survive termination of the Contract provided that under no circumstances will any obligations of Consultant under this Contract survive beyond any applicable statute of limitations. SECTION 9. COMPLIANCE WITH LAWS -NONDISCRIMINATION A. Consultant shall comply with all applicable laws, ordinances and codes of federal, state and local governments. B. In the performance of this Contract, Consultant shall not discriminate against any employee or applicant for employment because of race, color, ancestry, national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation, or membership or nonmembership in any organization. Consultant shall take affirmative action to ensure applicants are employed and that employees are treated during their employment without regard to their race, color, ancestry,national origin,religious creed, sex, sexual orientation, disability, age,marital status,political affiliation, or membership or nonmembership in any organization. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training. SECTION 10. REPRESENTATIVES A. City's representative for this Contract is Nick Visconti, email r�v�is€;c�nti�c�cit�e�f�°�dc�in .��,telephone number(530)225-4582. All of Consultant's questions pertaining to this Contract sha11 be referred to the above-named person, or to the representative's designee. B. Consultant's representative for this Contract is David Skinner, email dskinner@trccompanies.com, telephone number (530) 524-2633. A11 of City's PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi 1� Rev.02/17 questions pertaining to this Contract shall be referred to the above-named person. C. The representatives set forth herein shall have authority to give all notices required herein. SECTION 11. NOTICES A. A11 notices,requests, demands and other communications hereunder shall be deemed given only if in writing signed by an authorized representative of the sender(may be other than the representatives referred to in Section 10) and delivered by facsimile, with a hard copy mailed first class,postage prepaid; or when sent by a courier or an express service guaranteeing overnight delivery to the receiving party, addressed to the respective parties as follows: To City: To Consultant: City of Redding Engineering Division TRC Nick Visconti, Construction Manager David Skinner �'7'7 Cypress Avenue 10680 White Rock Road, Suite 100 Redding, CA 96001 Rancho Cordova, CA 95670 B. Either party may change its address for the purposes of this paragraph by giving written notice of such change to the other party in the manner provided in this Section. C. Notice shall be deemed effective upon: 1)personal service; 2)two calendar days after mailing or transmission by facsimile, whichever is earlier. SECTION 12. AUTHORITY TO CONTRACT A. Each of the undersigned signatories hereby represents and warrants that they are authorized to execute this Contract on behalf of the respective parties to this Contract; that they have full right, power and lawful authority to undertake a11 obligations as provided in this Contract; and that the execution, performance and delivery of this Contract by said signatories has been fully authorized by all requisite actions on the part of the respective parties to this Contract. B. When the Mayor is signatory to this Contract, the City Manager and/or the Department Director having direct responsibility for managing the services provided herein shall have authority to execute any amendment to this Contract which does not increase the amount of compensation allowable to Consultant or otherwise substantially change the scope of the services provided herein. SECTION 13. DATE OF CONTRACT The date of this Contract shall be the date it is signed by City. PR�VWAGE-Consultio�and Professional Services Co�Vact PCIgPi 1 1 Rev.02/17 IN WTTNESS WHEREOF,City and Consultant have executed this Contract on the days and year set forth below: CITY OF REDDING, A Municipal Corporation Dated: , 2023 By: MICHAEL DACQUISTO, Mayor ATTEST: APPROVED AS TO FORM: BARRY E. DeWALT City Attorney PAMELA 1VIIZE, City Clerk By: CONSULTANT TRC Dated: , 2023 �� By: Lincoln Leaman, Vice President Department of Industriai Relations No.: 1048'757 Tax ID No.: 33-0648915 PR�V WAGE-Consultiog and Professional Servlces Co�Vact PCIgPi 1 Z Rev.02/17 SCOPE OF SERVICES FOOThfILL WATER TREATMENT PLANT GENERATOR PROJECT CONSTRUCTION MANAGEMENT SERVICE Bid Schedule 5275 1.0 INTRODUCTION This City of Redding project will install a standby generator at tne Foothill Water Treatment Piant(FWTP)in West Redding.The FWTP is a critical facility and continuous power is necessary to supply safe drinking water,meet fire suppression demands,and supply water for the Redding Power Plant.Work is anticipated to include the instaliation of a structurally reinforced concrete generator pad and retaining wall,generator,fuel tank,sound,and weather enclosure,electrical conduit,transformer,transfer switch,switchboard,electrical improvements,miscellaneous surface repair,shade structure,fencing,and demolition of the existing electrical equipment.Work will include trenching and minor excavation.All work is anticipated to occur within the public facility property.Work is anticipated to be completed within 220 working days and is anticipated to start in the summer of 2023.The project is sequenced into two phases. •Phase 1 includes activities that do not afFect the Water Treatment Piant and Pump House 2 operation or capacity.The intent of Phase 1 is to accomplish as much work as possible while not impacting the operation of the Water Treatment Plant.In general,no demolition work will be allowed on the existing electrical or instrumentation systems prior to beginning Phase 2 activities.However,Phase 1 activities may continue during Phase 2. •Phase 2 includes activities that will affect the operation or capacity of the Water Treatment Plant or Pump House 2.These activities include but are not limited to connecting critical facilities to temporary power and reconnecting critical facilities to the new electrical service.At the completion of Phase 2,all systems and equipment associated with the project shali be fully operational(automatic)and the Water Treatment Plant and Pump House 2 shail be back to normal operation,in accordance with the Contract Documents. The scope of work includes services prior to construction,services during construction,and services after construction. 2.0 SCOPE OF SERVICES Construction Management Services from Summer 2023 through approximately Summer 2024 as required to oversee completing the development, installation and acceptance of the new generator and related infrastructure. This includes: Pre-Construction • File Review • Progress Payments • Traffic Control • Schedule Review • Project Schedule • Safety • Preconstruction Conference • Project Budget • Environmenta)and Permits During Construction • Contractor Proposals • Claims Management • Construction Meetings • Utility Coordination • Final Inspection • Coordination • Shop Drawings • Quality Control • Contract Documents • Project Submittals Post-Construction • Labor Compliance • Materials Testing • Claim Resolution • Progress Reports • Surveying • As-Built Plans • Contractor Inquiries • Construction Inspection • Contract Records • Contract Change Orders . Test Data s � 3.0 DELIVERABLES In general,deliverables are anticipated commensurate with industry standards for the scope of services Identified. The Consultant has total responsibility for the accuracy,completeness,and timeliness of all meeting notes, contract change orders,progress payments,labor compliance, reports,and all other work performed under this contract.This includes: Prepare a tentative schedule that identifies construction stages, utility relocations, notification time lines for permits and agreements,and all items that will be submitted by the Contractor for review and approval. For construction meetings,consultant shall prepare meeting agenda in consultation with City Construction Manager. Prepare monthly progress reports and submit to the city. Prepare responses to RFI's in compliance with the plans,specifications and City procedures for City's approval. Prepare change orders in compliance with the specifications and City procedures for City's approval. Analyze Contractor's initial schedule of values for reasonableness. Reconcile and document items of work in compliance with the specifications and prepare monthly progress payments in compliance with City procedures for City's approval. Evaluate Contractor's cost-reduction proposals and provide recommendations to the City. Coordinate,document,and make engineering recommendations regarding shop drawings and their compliance with the plans and specifications for the City's and design engineer's approval. Coordinate,document,and make engineering recommendations regarding submittals and their compliance with the plans and specifications for the City's and design engineer's approval. Provide complete daily inspection of the construction and the Contractor's operations and prepare daily and weekly inspection documentation. Conduct and document project safety meetings in accordance with the project requirements. Report all accidents, including property damage,and notify proper authorities. Document all incidents with photographs and written reports. Enforce Federal and State regulations for occupational safety and health standards for all construction activities. Make final inspection for all construction and provide written documentation indicating conformance with the plans and specifications and approved change orders. Coordinate with Caltrans and City staff for final inspection. The Consultant shall keep a full set of plans with "redline"changes updated during construction,then upon construction completion,shall be submitted to the City and Design Consultants for incorporation in the final Record Drawings. Provide the City with the original set of construction documents cataloged in accordance with the Caltrans filing system, including all documentation,correspondence,diaries,contract documents, labor compliance,etc.All files shall be submitted electronically via a flash drive. � � 4.0 SCHEDU�E Period of service is estimated as Summer, 2023 through Summer 2024. 5.0 PERSONNEL BY LABOR CLASSIFICATION The following principal functions are identified as applicable for the work,stafFing will be utilized only as necessary and productive: • Resident Engineer • Project Manager • Assistant Resident Engineer(electrical) • Inspector • Claims Support w � PROPOSA�FOR CONSTRUCTION MANAGEMENT SERVICES FOR FOOTHI�L WATER TREATMENT P�ANT GENERATOR PROJECT � Bid Schedule 5375 Cost Estimate Breakdown c a� �t ��t e� Q.y`� a� � ,�ot �a �, ,��.� Jty ,�y y�. � Task ��,eaQ�G. y�`��a�� ,e�e,��i.'��0� ,�ar\ec'�t�� a�`�ceQ�� ,a�a�.d`y e'�`e,�� ,�y��'`a a:r� ,�c•°y a`o ►- o� '.a c�. .° e.� y2 `� + c. aa C? oa � co � �o �'� `,�c Oa� `o�e F,i y�a yye �F.� Q,�e o�.h ��C• �a Jw � ��o o,�a � Q �e �e C. �i �y �Ca `� '� Pre-Construction 1 File Review 4 4 $ 683.78 2 Schedule Review 4 4 $ 683.78 3 Preconstruction Conference 2 8 4 2 16 $ 3,111.55 During Construction 4 Construction Meetings 12 24 24 60 $ 12,609.81 5 Coordination 24 8 32 $ 5,407.24 6 Contract Documents 6 12 11 29 $ 7,588.30 7 Labor Compliance 8 8 $ 1,367.57 8 ProgressReports 8 8 8 24 $ 4,897.05 9 Contractor Inquiries 1 2 1 4 $ 783.08 10 ContractChange Orders 4 4 12 20 $ 5,392.65 11 Progress Payments 8 16 16 40 $ 8,406.54 12 Project Schedule 8 16 16 12 52 $ 12,044.45 13 Project Budget 8 16 16 12 52 $ 12,044.45 14 ContractorProposals 1 1 1 3 $ 612.13 15 Utility Coordination 2 4 6 $ 1,412.85 16 Shop Drawings 2 6 8 $ 1,948.34 17 Project Submittals 8 16 24 $ 5,651.42 18 Materials Testing 4 8 4 N/A 16 $ 11,560.02 $ 15,038.00 19 Surveying 2 2 4 $ 668.03 20 Construction Inspection 24 422 446 $ 75,239.94 21 Test Data 2 2 4 $ 877.37 22 Traffic Contro) 4 4 4 12 $ 2,407.01 23 Safety 4 8 8 24 44 $ 8,116.87 24 Environmenta)and Permits 2 4 6 $ 1,030.67 25 Claims Management 19 19 $ 5,760.02 26 Finallnspection 16 16 8 40 $ 8,323.52 27 Quality Contro) 16 16 32 $ 7,018.98 Vehicle Cost:$808.33/mo(pro-rated to$4.82/hrJ 600 .$ 2,886.00 Post-Construction 28 Claim Resolution 16 8 18 42 $ 10,333.92 29 As Built Plans 16 24 6 46 $ 10,139.31 30 ContractRecords 5 2 7 $ 1,390.21 As Needed 60 240 240 480 84 1104 $ 233,874.85 PROPOSAL FOR CONSTRUCTION MANAGEMENT SERVICES FOR FOOTHILL WATER TREATMENT PLANT GENERATOR PROJECT Bid Schedule 5375 Cost Estimate Breakdown DIRECT IABOR Classification/Title Name Hours Actual Hourly Rate Total Fringe Overhead Loaded Project Manager David Skinner 60 $ 68.02 $ 4,081.20 $ 34.85 $ 54.81 $ 157.68 Resident Engineer Eric Keber 240 $ 67.04 $ 16,089.60 $ 34.34 $ 54.02 $ 155.41 Assistant Resident Jaswinder"Jesse"Sandhu 240 $ 105.00 $ 25,200.00 $ 53.79 $ 84.61 $ 243.40 Construction Manager Alexander Garibay 480 $ 63.95 $ 30,696.00 $ 32.76 $ 51.53 $ 148.24 Claims Management Samad Hamoud 84 $ 118.89 $ 9,986.76 $ 60.91 $ 95.80 $ 275.60 INDIRECT COSTS Fringe Benefits Rate 51.23% Overhead Rate 80.58% Fixed Fee 10% Venicle Costs $ 2,886.00 Page 2of2 Lt��(��siskar��e�r�c�dur��6��r�a�� h�tai�1�-F�1 ��o�t�rrpcs�i City of Redding Foothili Water Treatment Piant EXHIBIT 10-H1 COST PROPOSAL�ACTUAL COST-PLUS-FIXED-FEE OR LUMP SUM(FIRM FIXED PRICE)CONTRACTS (DESIGN,ENGINEERING AND ENVIRONMENTAL STUDIES) Note:Mark-ups are NotAilowed � Prime ❑ Sub ❑ 2nd Tier Sub Consultant: TRC Engineers, inc. Project No.: 5375 Contract No.: TBD Date: 5/23/2023 DIRECT LABOR Ciassification/Titie Name Hours Actual Hourly Rate Total Project Manager David Skinner 60 $ 68.02 $ 4,081.20 Resident Engineer Eric Keber 240 $ 67.04 $ 16,089.60 Assistant Resident Engineer/Electricai Jaswinder"Jesse"Sandhu 240 $ 105.00 $ 25,200.00 "`Construction Inspector Alexander Garibay 480 $ 63.95 $ 30,696.00 Claims Management Samad Hamoud 84 $ 118.89 $ 9,986.76 $ - $ - LABOR COSTS a) Subtotal Direct Labor Costs $ 86,053.56 b} Anticipated Salary Increases(see page 2) $ _ c) TOTAL DIRECT LABOR COSTS $ 86,053.56 INDIRECT COSTS d) Fringe Benefits Rate: 51.23% e) Totai Fringe Benefits $ 44,085.24 t� Overhead Rate: 80.58% g) Overhead $ 69,341.96 h) General and Administrative Rate: i) Gen&Admin $ - j) TOTAL INDIRECT COSTS $ 113,427.20 FIXED FEE k) TOTAL FIXED FEE 10.00°!0 $ 19,948.08 CONSULTANT'S OTHER DIRECT COSTS(ODC)-ITEMIZE Description of Item Quantit Unit Unit Cost Total Milea e Costs � _ � _ Equipment Rental and Suppiies � _ $ _ Vehicle:$808.331mo( ro-rated to$4.81/hr) 600 hours $ 4.81 $ 2,886.00 Pian Sheefs $ _ $ _ Test � _ $ _ 1) TOTAL OTHER DIRECT COSTS $ 2,886A0 SUBCONSULTANTS'COSTS Subconsuitant: Materiais Testing, inc. (MTI) $ 11,560.02 Subconsultant: Subconsultant: Subconsuitant: � _ m) TOTAL SUBCONSULTANTS°COSTS $ 11,560.02 n)TOTAL OTHER DIRECT COSTS INCLUDING SUBCONSULTANTS $ 14,446.02 TOTAL COST $ 233,874.86 NOTES: 1) Key personnei must be marked with an asterisk(*)and employees that are subject to prevailing wage requirements must be marked with two asterisks (�*).All costs must comply with the Federal cost principles.Subconsuitants will provide their own cost proposals. 2) The cost proposai format shail not be amended. Indirect cost rates shall be updated on an annuai basis in accordance with the consuitanYs annual accounting period and estabiished by a cognizant agency or accepted by Caitrans. 3) Anticipated salary increases calculation(page 2)must accompany. Pabe 1 a�t� f January 201� Lo�a�Assi��nee Prac�dur�s�3�nua� Exhibi#2Q-H1 ��ost�rppas�f City of Redding Foothiil Water Treatment Plant EXHIBIT 10-H1 COST PROPOSAL�ACTUAL COST-PLUS-FIXED-FEE OR LUMP SUM�FIRM FIXED PRICE)CONTRACTS (CALCULATIONS FOR ANTICIPATED SALARY INCREASES) Consultant: TRC Engineers,Inc. Project No.: 5375 Contract No.: TBD Date: 5/23/2023 1. Calculate Average Hourly Rate for 1st year of the contract(Direct Labor Subtotal divided hy total hours) Direct Labor Totai Hours per Avg 5 Year Subtotal per Cost Cost Proposal 60 68.02 Hourly Contract Proposai Rate Duration $86,053.56 1,104 = $77.95 Year 1 Avg Houriy Rate 2. Calculate hourly rate for all years(increase the Average Hourly Rate for a year by proposed escalation%) Avg Houriy Rate Proposed Escalation Year 1 $77.95 + 3% _ $80.29 Year 2 Avg Houriy Rate Year 2 $80.29 + 0% _ $80.29 Year 3 Avg Houriy Rate Year 3 $80.29 + 0% _ $80.29 Year 4 Avg Houriy Rate Year 4 $80.29 + 0% _ $80.29 Year 5 Avg Houriy Rate 3. Calculate estimated hours per year(Multiply estimate%each year by total hours) Estimated%Completed Totai Hours per Cost Total Hours per Each Year Proposal Year Year 1 100.0% ' 1,104 = 1,104 Estimated Hours Year 1 Year 2 0.0% * 1,104 = 0 Estimated Hours Year 2 Year 3 0.0% ' 1,104 = 0 Estimated Hours Year 3 Year4 0.0% ` 1,104 = 0 EstimatedHoursYear4 Year 5 0.0% " 1,104 = 0 Estimated Hours Year 5 Total 100% Totai = 1,104 4. Calculate Total Costs including Escalation(Multiply Average Hourly Rate by the number of hours) Avg Houriy Rate Estimated hours Cost per (calcuiated above) (calculated above) Year Year 1 $77.95 * 1,104 = $86,056.80 Estimated Hours Year 1 Year 2 $80.29 ' 0 = $0.00 Estimated Hours Year 2 Year 3 $80.29 ' 0 = $0.00 Estimated Hours Year 3 Year 4 $80.29 " 0 = $0.00 Estimated Hours Year 4 Year 5 $80.29 � 0 = $0.00 Estimated Hours Year 5 Totai Direct Labor Cost with Escalation = $86,056.80 Direct Labor Subtotai before Escaiation = $86,053.56 Estimated total of Direct Labor Salary _ - $0.00 Transfer to Page 1 Increase 5 NOTES: 1. This is not the only way to estimate saiary increases. Other methods wiil be accepted if they ciearly indicate the°/o increase,the#of years of the contract,and a breakdown of the Iabor to be performed each year. 2. An estimation that is based on direct labor muitipiied by saiary increase%muitipiied by the#of years is not acceptabie. (i.e.$250,000 x 2%x 5 yrs=$25,000 is not an acceptable methodoiogy) 3. This assumes that one year will be worked at the rate on the cost proposal before salary increases are granted. 4. Caicuiations for anticipated salary escalation must be provided. 5. if 100%performed in Year 1 or increase calculation resuit is less than$0,$0 is reflected by defauit. �'<��;e Z oi 3 � !�i�u�ary ZOI� L�aca!��si��n��f'ro��de�r�� t��r�c�a9 ��h6b�t 1f%-FE1 Cast F�respo��6 EXHIBIT 10-H1 COST PROPOSAL ( City of Redding Foothill Water Treatmenfi Plant Certification of Direct Costs: I, the undersigned, certify to the best of my knowiedge and belief that ail direct costs identified on the cost proposal(s) in this contract are actual, reasonable, aliowable, and allocabie to the contract in accordance with the contract terms and the foliawing requirements: 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract 3. Title 23 United States Code Section 112 -Letting of Contracts 4. 48 Code of Federal Requlations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 - Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Requlations Part 9904-Cost Accounting Standards Board (when applicable) AI!costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with appiicable federal and state requirements. Costs that are noncompliant with the federa!and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifvinq• Name: Lincoin Leaman Title": Vice President Signature: � � �, .� Date of Certification (mm/dd/yyyy): 5/2312023 4 � �.. Email: LI a� ~TRCCom anies.cam Phone Number: (916) 562-2033 Address: 10680 Whiterock Rd. Rancho Cordova, CA 95670 *An individual executive or financiai officer of the consultanYs or subconsultanYs organization at a level no lower 4han a Vice President or a Chief Financiai Officer, or equivalent, who has authority to represent the financial information utilized to estabiish the cost proposal for the contract. List services the consuitant is providing under the proposed contract: Construction Management and Inspection Services F��c��3 c�f 3 Ja�u�r�209� GI �" Y � F � � � ° � � � " � � CITY OF REDDING REPORT TO THE CITY COUNCIL MEETING DATE: June 20,2023 FROM: Chuck Aukland,Public ITEM NO. 4.11(b} Works Director ***APPROVED BY*** � ��n � .�.._ s.N,.�� ukl�n�l,H'ciblic Wc�aks L'��reGt ' 6,^'8/7423 ry ip}�in,�C"i ana � 6,i13/2423 caulcland@ci.redding.ca.us btippin@cityofredding.org SUBJECT: 4.11(b)--Award Bid Sched�ule No. 5368 (Job Order No. 2638) Foothill Water Treatment Plant Generator Project, Accept Grant Funds and Adopt Resolution Appropriating Funds Recommendation Authorize the following actions relative to Bid Schedule No. 5368 (Job No. 2638) Foothill Water Treatment Plant Generator Project: (1) Award to SnL Group, Inc., in the amount of$2,592,275; (2) Approve an additional $3'75,000 to cover the cost of administration and inspection fees; and$240,000 for project development costs; (3) Approve $280,000 to provide construction contingency funding; (4) Autharize the City Manager to approve additional increases in either the construction management or construction contingency amounts up to a total of$50,000; (5) Accept grant funds awarded to the City of Redding for the Foothill Water Treatment Plant Generator; (6) Adopt Resolution approving and adopting the 90`h Amendment to the City Budget Resolution No. 2021-078 appropriating $1,967,840 in grant funds for the project; and (7) Find that the Project is categorically exempt from review under the California Environmental Quality Act, pursuant to Section 15301 - Existing Facilities and 15303 - New Construction or Conversion of Small Structures. Fiscal Impact The Foothill Water Treatment P1ant Generator Project (Project) is being funded by the Water Utility and the Federal Emergency Management Agency (FEMA) through its Hazard Mitigation Grant Program (HIVIGP). The City Council (Council) affirmed submission of the HMGP application for this project on October 16, 2018. FEMA separated the project into two phases prior to obligating funds. Phase 1 includes project management, environmental planning, and design development through the 70 percent design stage. Phase 2 includes completion of the design, environmental permitting, construction, and project closeout. FEMA has awarded grants to fund up to $1,844,848.50 for project costs and $122,898 for grant management costs associated with the project to date. Staff plans to request additional grant funds from FEMA for Report to Redding City Council June 13,2023 Re: 4.11(b)--Award BS No. 5368 Foothill Water Treatment Plant Generator Page 2 up to 75 percent of the allowable project costs. The remaining costs for the project wi11 be funded by the Water Utility. The Water Utility has sufficient budget to cover its share of this project and funding the project will not impact other activities or projects. Cost SummaN Item Estimated Pro'ect Develo ment Costs $240,000 Construction Contract+ Contin enc $2,872,2'75 Contract Administration, Ins ection, Testin $375,000 Additional Cit Mana er Authorit $50,000 Total Pro'ect Costs $3,53�,2�5 Project cost components are estimates and some shifting of the project development, construction management, and construction contingency funds may be necessary to balance the project within the approved budget. Alternative Action Council may choose not to award the bid for the project and provide staff with alternate direction. If the project is not awarded, then there will be a greater risk of an outage at the Foothill Water Treatment Plant, d�uring which time the treatment plant will not be able to supply safe drinking water, meet fire suppression demands, or supply the Redding Power Plant water to operate, decreasing reliability for City of Redding (City) customers. Background/Analysis The Foothill Water Treatment Plant (FWTP) is the City's largest and primary water supply. It provides more than half of the City's water supply during average and peak demands by treating water pumped from the Sacramento River. It is currently the only treatment facility (including water and wastewater) in the City that does not have a back-up generator. Continuous operation of the FWTP is needed to supply safe drinking water, meet fire suppression demands, and supply the Redding Power Plant water to operate. This project will install a new standby generator and automatic transfer switch at the Foothill Water Treatment Plant. The generator will provide a backup power source and mitigate the risk of an outage and deficient water supply in the City during an emergency or power outage at the FWTP. The project also includes replacement of two existing transformers and switchboards at the treatment plant with a single new transformer and main switchboard, for use with the new generator and automatic transfer switch. Additional site improvements in the project will include construction of concrete pads and retaining walls, asphalt concrete pavement around the generator area, and construction of a new shade structure to protect the new electrical equipment. Attached is a tabulation of bids received and opened on May 18, 2023, for construction of the project. The low bid in the amount of $2,592,275 was reeeived from SnL Group, Inc., of Redding, California. The engineer's estimate was $2,505,8'75. Total project development costs for this project are estimated to be $240,000. Projeet development costs include engineering, grant applications and management, surveying, right-of-way, environmental, consultant services, and permit fees. Report to Redding City Council June 13,2023 Re: 4.11(b)--Award BS No. 5368 Foothill Water Treatment Plant Generator Page 3 Environmental Review Staff has determined that the project qualifies as categorically exempt from environmental review under California Environmental Quality Act Guidelines, pursuant to Sections 15301 - Existing Facilities and 15303 - New Construction or Conversion of Small Structures. Class 1 exemptions include the operation, repair, maintenance, or minor alteration of existing facilities, structures, or equipment involving negligible or no expansion of use. The new backup generator and associated electrical equipment will be installed at the existing facility, and the project does not involve expansion of facility use. The project area has been reviewed for sensitive resources and will not have an effect on biological or cultural resources such as threatened or endangered species or their habitats, sensitive vegetation communities, tribal lands, or tribal cultural resources. The project has no potential to have a significant effect on the environment. On May 31, 2022, FEMA found that the project is categorically excluded from environmental review under the National Environmental Policy Act, pursuant to FEMA Categorical Exclusion N18 - Federal Assistance for Construction or Installation of Structures, Facilities, or Equipment to Ensure Continuity of Operations. Council Priority/City Manager Goals This agenda item is a routine operational item. Attachments ^Location Map ^Bid Tabulation ^Notice of Exemption NEPA REC_FEMA Resolution No 90