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Home My WebLink AboutStaff Report 2403-2820CITY OF PALO ALTO CITY COUNCIL Special Meeting Tuesday, June 18, 2024 Council Chambers & Hybrid 4:00 PM Agenda Item 2.Approval of 1) Construction Contract No. C24190876 with Valentine Corporation in the Amount of $667,369 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not-to-Exceed Amount of $100,105; and 2) Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates in an Amount Not to Exceed $131,732, for Biological Compliance and Post Construction Monitoring and Restoration, for the Baylands Boardwalk Pilings Repair Project Capital Improvement Program PE-24000; CEQA status – exempt under CEQA Guidelines Section 15301 City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR Lead Department: Public Works Meeting Date: June 18, 2024 Report #:2403-2820 TITLE Approval of 1) Construction Contract No. C24190876 with Valentine Corporation in the Amount of $667,369 and Authorization for the City Manager or Their Designee to Negotiate and Execute Change Orders for Related Additional but Unforeseen Work that May Develop During the Project Up to a Not-to-Exceed Amount of $100,105; and 2) Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates in an Amount Not to Exceed $131,732, for Biological Compliance and Post Construction Monitoring and Restoration, for the Baylands Boardwalk Pilings Repair Project Capital Improvement Program PE-24000; CEQA status – exempt under CEQA Guidelines Section 15301 RECOMMENDATION Staff recommends that Council: 1. Approve and authorize the City Manager or their designee to execute Construction Contract No. C24190876 with Valentine Corporation in the amount of $667,369 for the Baylands Boardwalk Piling Repair project (PE-24000); 2. Authorize the City Manager or their designee to negotiate and execute one or more change orders to the contract with Valentine Corporation for related, additional, and unforeseen work that may develop during the project, the total value of which shall not exceed $100,105; and 3. Approve and authorize the City Manager or their designee to execute Amendment No. 1 to Contract No. S24189099 with H.T. Harvey & Associates for biological compliance and post construction monitoring and restoration in an amount not-to-exceed $131,731.60 and extend the term of the contract through June 30, 2026. This amendment results in a revised total contract not-to-exceed amount of $181,166.60. EXECUTIVE SUMMARY In January 2019, the City replaced the old Baylands Boardwalk located at the Lucy Evans Baylands Nature Interpretive Center (Interpretive Center) with a new accessible boardwalk of the same length and on the same alignment as the old boardwalk. The replacement boardwalk’s pilings were constructed of Alaskan Yellow Cedar (AYC), a naturally durable, decay- resistant, non-pressure treated wood in compliance with the project permits. In fall 2022, the City observed substantial degradation of the boardwalk’s vertical pilings under the observation platform caused by aquatic invertebrates. The damage is most severe where pilings are typically under water. The City temporarily repaired a few damaged piles while a long-term repair solution was identified. The City then retained a consulting team to help develop a long- term repair solution and a permitting approach. The repair solution identified includes installation of a fiber reinforced polymer (FRP) wrap around the pilings and grouting the internal spaces between the pilings and the FRP wrap. All required regulatory permits have been obtained except the formal amendment to the San Francisco Bay Conservation and Development Commission permit, which is anticipated in June 2024. Upon Council approval of the contracts, construction is anticipated to begin in September 2024 and be completed by December 2024. BACKGROUND The Baylands Boardwalk located at the Interpretive Center was replaced in January 20191. The replacement boardwalk was constructed of various types of timber materials to match the old structure style and character. The boardwalk is approximately 850 feet long and 5 feet wide with four intermediate overlooks and an observation platform in the San Francisco Bay. The pilings of the old boardwalk were constructed of pressure treated wood. In order to protect the special status species, the regulatory permits required that the pilings and other wood structures of the replacement boardwalk not be pressure treated with creosote to prevent the leaching of toxic chemicals into the marsh. Therefore, the replacement boardwalk’s piles were constructed of AYC, a naturally durable, decay-resistant, non-pressure treated wood. In fall 2022, the City observed at low tide that substantial degradation of the boardwalk’s pilings had occurred under the boardwalk’s observation platform. A biologist from the Smithsonian Ecological Research Center visited the boardwalk during the winter of 2022-23 and identified the aquatic invertebrates causing the damage as non-native species. The damage is most severe where pilings are typically under water, specifically, beneath the observation platform at the end of the boardwalk and at locations where pilings extend into the tidal channel. Damage has not yet observed to pilings that are not regularly exposed to bay water because pilings are encased in bay mud up to the elevation of the tidal marsh plain. The damage is progressing and has affected numerous pilings. Public Works staff consulted with the City Attorney’s Office to assess liability of the boardwalk designer for the specification of AYC wood, and we determined that it would be difficult to pursue a claim for defective design given the regulatory restrictions and the conventional knowledge about AYC’s water-resistant qualities. In December 2022, the City temporarily restored the four most damaged pilings by securing new wood along the damaged sections. Staff has been conducting periodic inspections of the 1 City Council, June 25, 2018; Agenda Item #13; SR #9301 https://www.cityofpaloalto.org/files/assets/public/v/1/id.-9301-award-of-baylands-boardwalk-improvements- construction-project.pdf pilings while a long-term repair solution was being developed and coordinated with the regulatory agencies. Because all pilings are occasionally exposed to bay water during high tides, staff decided that all 157 pilings are susceptible to damage by the aquatic invertebrates and that all pilings should be repaired or protected. In May 2023, the City retained a consulting team consisting of H.T. Harvey & Associates and Biggs Cardosa Associates to help develop a long-term repair solution concept, determine a permitting approach with the relevant regulatory agencies, and characterize impacts to jurisdictional habitats. In August 2023, the City entered into separate professional services agreements with H.T. Harvey & Associates and Biggs Cardosa Associates to prepare regulatory permit applications, and design and bid documents, respectively. The repair consists of applying a pilings restoration system consisting of installing a columnar FRP sheet around the portion of the pilings, placing spacers to separate the pilings from the FRP sheet, installing FRP reinforcement, and filling the FRP sheet with grout. This would restore piling strength and provide a barrier to future degradation. The vertical length of the repair would be 4 feet along most of the boardwalk. Where the tidal channel beneath the boardwalk deepens to 3-5 feet, the vertical length of the repair may be up to 8 feet on a case-by-case basis. The repair methods are customized to avoid and minimize impacts to tidal marsh vegetation and associated wildlife. The project required consultation with and permits from the following regulatory agencies prior to construction: United States Army Corps of Engineers (USACE) Section 404 Nationwide Permit California Regional Water Quality Control Board (RWQCB) Section 401 Water Quality Certification San Francisco Bay Conservation and Development Commission (BCDC) Permit Amendment United States Fish and Wildlife Service (USFWS) Biological Opinion National Marine Fisheries Services, Section 7 Letter of Concurrence The formal Amendment to the BCDC permit is anticipated in June 2024 but all other regulatory permits listed above have been obtained. During the permitting process, staff and the consulting team advised the regulatory agencies of the problems that resulted from their restriction on the use of pressure treated wood. Work in the Baylands can occur between September 1 and January 31, outside of the California Ridgway’s rail breeding season. The permits have been obtained for up to two such 5 month- long work windows, but the City anticipates completing repairs to all 157 pilings in one work window as part of this construction contract. The project permits require biological monitoring and compliance during construction and monitoring and reporting related to recovery of marsh vegetation post construction. ANALYSIS Per Palo Alto Municipal Code (PAMC) 2.30.360(i), the City retained HT Harvey & Associates (and Biggs Cardosa Associates) to help develop a long-term repair solution. Both Professional Services Agreements were under $50,000. Since H.T. Harvey & Associates is familiar with the project and has qualified staff available, an exemption to competitive solicitation pursuant to PAMC section 2.30.360(b) was approved by the City Manager for this Amendment No. 1. Staff considered conducting an expedited RFP solicitation, but determined it would be impractical to do so, since any delays would potentially result in further degradation of the piles and threaten the structure. Staff recommends approval of Amendment No. 1 to Contract S24189099 (Attachment A) with H.T Harvey & Associates to provide biological monitoring and regulatory permit compliance services. Staff is also amending Contract No. S24189098 with Biggs Cardosa Associates to provide construction support services. The resulting total contract not-to-exceed amount of $76,747 is within the City Manager’s contract approval authority. Bid Process On April 3, 2024, a notice inviting formal bids for the Baylands Boardwalk Pilings Repair Project was posted on OpenGov, the City’s eProcurement System. The bidding period was 28 calendar days. On May 1, 2024, one bid was received from a qualified contractor as listed in the attached Bid Summary (Attachment B). The table below includes a brief summary of the bid process. Table 1: Summary of invitation for Bids Project Bid Name/Number Baylands Boardwalk Pilings Repair Project/IFB190876 Proposed Length of Project 169 days Number of Bid Packages Downloaded by Contractors 26 Number of Bid Packages Downloaded by Builder’s Exchanges 1 Total Days to Respond to Bid 28 Mandatory Pre-Bid Meeting Yes (non-mandatory) Number of Company Attendees at Pre-Bid Meeting 4 Number of Bids Received 1 Base Bid Price Range $587,094 Bid Alternates Price $80,275 Public Link to Solicitation https://procurement.opengov.com/portal/palo-alto- ca/projects/88561 The engineer’s estimate is $456,825 for the base bid and $64,375 for the bid alternates. The bid price from the sole bidder is $587,094 for base bid items and $80,275 for additive bid alternates. The base bid price is approximately 29% above the engineer’s estimate and the additive bid alternates price is approximately 25% above the engineer’s estimate. The total base bid and alternates bid pricing is approximately 28% above the engineer’s estimate. The additive bid alternate items include repairs to 22 pilings between the Interpretive Center and first overlook. No damage has been observed in these piles yet, apparently because they are primarily encased into the marsh soil and dense vegetation and are relatively less exposed to the Bay water for a prolonged time. Staff recommends awarding all additive bid items due to the potential of future degradation of these piles. Should the City need to repair these piles in the future, there could be significant cost implications with construction and permitting. Staff has reviewed the bid submitted and recommends the base bid and additive bid alternates totaling $667,369 submitted by Valentine Corporation be accepted, and Valentine Corporation be declared the lowest responsible bidder. Staff recommends approval of Construction Contract No. C241908762. The construction contingency amount of $100,105, which equals fifteen percent of the total contract, is requested for related, additional, but unforeseen work which may develop during the project. Staff checked references provided by Valentine Corporation for other similar projects completed by the bidder and received very positive feedback about their work performance. Staff also checked the contractor’s license with the Contractor’s State License Board and confirmed that Valentine Corporation has an active and current license. Staff reached out to potential responsive bidders to understand why they did not submit a bid. The reasons noted by the bidders were that they did not have the crew available to complete the work within the project timeline and the engineer’s estimate was lower than they thought appropriate. Upon Council approval and the execution of the contract, the contractor may begin preparatory work such as ordering materials and preparing submittals. Onsite construction is expected to begin in September 2024 and be completed by December 2024. FISCAL/RESOURCE IMPACT Funding for the recommendations in this report is available in the Baylands Boardwalk Pilings Repair project (PE-24000) pending Council’s approval of the Fiscal Year 2025 Capital Budget on June 17, 2024. STAKEHOLDER ENGAGEMENT Per the BCDC requirements, a Notice of Permit Application was posted at the Interpretive Center in December 2023 notifying the community of the permit application for the proposed repairs. It is assumed that the contractor would be able to repair 4-5 piles in one work shift. The Contractor will maintain as much of the Boardwalk available to public access as is practical and safe throughout construction. The location of intermittent closure of portions of boardwalk will 2 Valentine Corporation Construction Contract for Boardwalk Pilings Repair Project C24190876; www.cityofpaloalto.org/files/assets/public/v/1/public-works/engineering-services/c24190876-valentine- corp_cc_staff-report.pdf depend on the specific work site within the boardwalk being addressed on a given work shift. In general, the portion of the boardwalk closed on a work shift to address repairs is anticipated to be opened for public access after end of the work shift as appropriate. However, due to the narrow width of the boardwalk, it is unsafe for the public to try to pass the contractor’s work area and the segment of the boardwalk north of the contractor’s work zone may be closed during each work shift. Appropriate signage will be posted, and intermittent temporary closures will be implemented during construction. ENVIRONMENTAL REVIEW The project is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 (Repair of existing facilities). ATTACHMENTS Attachment A: S24189099 H.T. Harvey Associates – Amendment No. 1 Attachment B: Bid Summary APPROVED BY: Brad Eggleston, Director Public Works/City Engineer Vers.: Aug. 5, 2019 Page 1 of 15 AMENDMENT NO. 1 TO CONTRACT NO. S24189099 BETWEEN THE CITY OF PALO ALTO AND TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES This Amendment No. 1 (this “Amendment”) to Contract No. S24189099 (the “Contract” as defined below) is entered into as of June 17, 2024, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES, a California corporation, located at 983 University Avenue Building D, Los Gatos, CA 95032 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment. R E C I T A L S A. The Contract (as defined below) was entered into by and between the Parties hereto for the provision of providing permit Application Coordination and Preparation Services _ for the Lucy Evans Nature Center’s Baylands Boardwalk repair project (project) , as detailed therein. B. The Parties now wish to amend the Contract in order to (1) provide compliance assistance for the Baylands Boardwalk Pilings Repair project; (2) extend the contract term by six months through June 30, 2026; (3) update rate schedule; and (4) increase compensation by One Hundred Thirty-One Thousand Seven Hundred Thirty-One Dollars and Sixty Cents ($131,731.60), from Forty-Nine Thousand Four Hundred Thirty-Five Dollars ($49,435) to a new not-to-exceed total compensation of One Hundred Eighty-One Thousand One Hundred Sixty-Seven Dollars and Sixty Cents ($181,166.60), as detailed herein. NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree: SECTION 1. Definitions. The following definitions shall apply to this Amendment: a. Contract. The term “Contract” shall mean Contract No. S24189099 between CONSULTANT and CITY. b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract. SECTION 2. Section 2 “TERM” Contract is hereby amended to read as follows: “The term of this Agreement shall be from the date of its full execution through June 30, 2026 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.” SECTION 3. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows: DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 2 of 15 “CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred Sixty-Four Thousand Six Hundred Ninety-Seven Dollars ($164,697.00). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.) In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Sixteen Thousand Four Hundred Sixty-Nine Dollars and Sixty Cents ($16,469.60) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Hundred Eighty-One Thousand One Hundred Sixty-Six Dollars and Sixty Cents ($181,166.60), as detailed in Exhibit C. “Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum. To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.” DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 3 of 15 SECTION 4. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference: a. Exhibit “A” entitled “SCOPE OF SERVICES, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. d. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”, ADDED. SECTION 5. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect. SECTION 6. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference. (SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.) DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 4 of 15 SIGNATURES OF THE PARTIES IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written. CITY OF PALO ALTO _____________________________ City Manager APPROVED AS TO FORM: ______________________________ City Attorney or designee TRIPLE HS, INC. dba H.T. HARVEY & ASSOCIATES Officer 1 By:____________________________ Name:_________________________ Title:__________________________ Officer 2 By:____________________________ Name:_________________________ Title:___________________________ Attachments: Exhibit “A” entitled “EXHIBIT A, SCOPE OF SERVICES, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1”, AMENDED, REPLACES PREVIOUS. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 1”, ADDED. DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 President Daniel Duke, President Karin Hunsicker CEO Vers.: Aug. 5, 2019 Page 5 of 15 EXHIBIT A SCOPE OF SERVICES, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. CONSULTANT shall provide permitting coordination and prepare applications for a Clean Water Act Section 404 Permit from U.S. Army Corps of Engineers (USACE), a Clean Water Act Section 401 Water Quality Certification from the San Francisco Bay Regional Water Quality Control Board (RWQCB), and a permit from the San Francisco Bay Conservation and Development Commission (BCDC), as well as prepare a Biological Assessment addressing the potential impacts to the local species, regulated by the U.S. Fish and Wildlife Service (USFWS) and National Marine Fisheries Service (NMFS). The following tasks 1 through 6 were part of the original scope of services in Contract No. S24189099: Task 1. Prepare USACE Section 404 Nationwide Permit Application Package Based upon the project description, this task assumes that the proposed work qualifies for a USACE Nationwide Permit. The CONSULTANT shall assemble a Nationwide Permit application package (USACE Package) that includes Engineering Form 4345, a project description, summary of previous environmental studies, and an assessment of impacts and discussion of suitable mitigation measures. The CONSULTANT shall submit a first-review administrative draft USACE Package to the project team for review and comment. After incorporation of any minor changes that may be necessary, the USACE Package shall be submitted to the USACE. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the USACE during processing of the USACE Package. Task 2. Prepare RWQCB Section 401 Certification Application Package The CONSULTANT shall prepare a water quality certification application to submit to the RWQCB (RWQCB Package). The complete RWQCB Package includes much of the same information that is submitted to the USACE Package, as described above, but shall also include Form R2C502-E and several additional materials. In addition, the RWQCB requires an analysis of potential alternatives to the proposed action, so the CONSULTANT shall prepare a brief summary of such alternatives. The submittal shall include all copies of California Environmental Quality Act (CEQA) documents (or confirmation that this activity is categorically exempt from CEQA in either case to be provided by the CITY), all correspondence with USACE and RWQCB staff, an impact assessment, a proposed post-impact site monitoring plan, and project drawings. In addition, the RWQCB requires a processing fee for handling the application, to be paid by the CITY. DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 6 of 15 As required by Section 404/401 permitting policies, the CONSULTANT shall coordinate and attend a pre- application meeting with the RWQCB to discuss the project prior to submitting the application; CONSULTANT assumes that the USACE will also attend this meeting. The CONSULTANT shall submit a first-review administrative draft RWQCB Package to the project team for review and comment. After incorporation of any minor changes that may be necessary, the RWQCB Package shall be submitted to the RWQCB. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the RWQCB during processing of the RWQCB Package. Task 3. Prepare BCDC Permit Application Package The CONSULTANT shall prepare a permit application for submittal to BCDC (BCDC Package). Based on coordination with BCDC, BCDC will likely amend the permit for the prior boardwalk replacement project. The BCDC Package shall include an application, the project description, a description of impacts/fill acreage, and avoidance and minimization measures. The CONSULTANT shall submit a first-review, administrative draft BCDC Package to the project team. After incorporation of any minor changes that may be necessary, the BCDC Package shall be submitted to the BCDC. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the BCDC during processing of the BCDC Package. Task 4. Prepare Biological Assessment The CONSULTANT shall prepare a Biological Assessment (BA) to facilitate Federal Endangered Species Act Section 7 consultation between the USACE and the USFWS/NMFS. A single BA covering potential impacts on species regulated by both the USFWS and NMFS will be compiled, drawing heavily from the BA prepared for the original boardwalk replacement project. No field and land survey work will be involved. The CONSULTANT shall submit a first-review, administrative draft BA to the project team. After incorporation of any minor changes that may be necessary, the BA shall be submitted to the USACE along with the 404 application. To the extent that the budget permits, the CONSULTANT shall also assist the CITY with coordination with the USFWS and NMFS during the Section 7 consultation. It is assumed that the USFWS will need to issue a Biological Opinion providing incidental take authorization, whereas NMFS will likely issue a letter of concurrence stating that no take of NMFS-regulated species will occur. Task 5. Prepare Wetland Impact Monitoring Plan The CONSULTANT shall prepare a brief plan describing the monitoring that will occur to ensure that temporary impacts on wetlands resulting from the repair project self-restore. The monitoring plan will describe monitoring methods and success criteria, as well as reporting that will occur. This plan shall be provided to the resource agencies along with permit applications. Task 6. Design Engineer Coordination This task includes four (4) hours for the CONSULTANT to collaborate with the design engineer on the approach to working in tidal marsh and repairing tidal marsh impacts, including reviewing the portions of the sixty-five percent (65%) and one hundred percent (100%) design plans that describe actions to restore and avoid tidal marsh impacts. Limitations/Assumptions: • Due to budget constraints, the permitting scope of work only includes preparing basic permit application materials. Except as explicitly indicated in the scope of work, CONSULTANT shall not participate in meetings or coordination with the CITY and permitting agencies, or respond to agency questions, information DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 7 of 15 requests, and incomplete letters beyond the budget proposed herein. Please note, these agencies often send “application incomplete” letters as the vehicle for requesting additional project information; for example, it is CONSULTANT’s experience that BCDC virtually always sends such letters to request more information. Thus, the issuance of such letters is not indicative of submittal of an incomplete application package based on the design information provided for use in the applications. If CONSULTANT exhausts the proposed budget and the CITY desires additional assistance, CONSULTANT shall provide such assistance after receiving additional budget authorization. CONSULTANT cannot guarantee that these agencies’ permits and approvals will be issued without additional budget authorization, or unless the CITY provides any additional agency-requested materials itself. Nevertheless, this scope and budget are adequate to prepare applications for agency submittal. • No focused surveys for any species are included in the proposed scope of work (or will be necessary for the project’s permitting). • The wetland delineation performed for the original boardwalk replacement project will be adequate for the purpose of permitting these repairs, and no additional delineation of wetlands or other waters will be necessary. • No CEQA evaluation is included as part of this scope of work. • If resource agencies require compensatory mitigation for permanent impacts, the CITY may be able to provide this mitigation via purchase of credits in the San Francisco Bay Wetland Mitigation Bank. Alternatively, mitigation for permanent impacts could be provided through the design of a new, small scale wetland restoration project at Palo Alto Baylands. The current scope does not include designing compensatory mitigation. • This scope does not include time to assist the CITY with permit condition compliance, such as agency work start notifications, updating the project in EcoAtlas for the RWQCB, final plan submittals, required construction monitoring or surveys, etc. • Additional ecological consulting services are likely to be needed during project construction. For example, the CITY will likely need to provide a biological monitoring to avoid impacts to special status wildlife species during project activities and periodic guidance and oversite of the CITY’s selected contractor to ensure that temporary impacts to marsh habitats are minimized. In addition, the CITY will likely be required by project permits to perform a minimum of one (1) year of habitat monitoring of temporary impacts and prepare a Year 1 report documenting both the as-built and Year-1 habitat condition. Coordination regarding these tasks is not included in CONSULTANT’s scope of work. The following tasks 7 through 9 have been added to the scope of services in Contract No. S24189099 with this Amendment #1: Task 7. WEAP and Wildlife Construction Monitoring Per Biological Opinion (BO) Conservation Measure 7 and CWA Section 401 Certification and Order Condition 6, prior to project commencement, a Worker Environmental Awareness Training (WEAP) shall be provided by a U.S. Fish and Wildlife Service (Service) approved biologist to educate all construction personnel of the area’s environmental concerns and conditions. These personnel shall be informed of the presence of listed species (e.g., salt marsh harvest mice, Reithrodontomys raviventris, and California Ridgway’s rails, Rallus obsoletus obsoletus) and habitat associated with the species and that unlawful take of the animal or destruction of its habitat is a violation of the Federal Endangered Species Act and California Endangered Species Act. Prior to construction activities, a qualified biologist shall instruct all construction personnel about: (1) the description and status of the DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 8 of 15 species; (2) the importance of their associated habitats: and (3) a list of measures being taken to reduce impacts on these species during project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the construction crew and anyone else who enters the project site. Per BO Conservation Measure 9, a Service-approved biologist shall be present during on-the-ground work activities within the marsh to look for individuals that may be impacted by construction. For example, when construction personnel need to temporarily stand in the marsh on either side of each bent, the Service-approved biologist shall first inspect the marsh to determine whether any California Ridgway’s rails or salt marsh harvest mice are present. If any animals are present, they will be allowed to leave on their own, or the location of the in-marsh work will be adjusted slightly to ensure that no impacts to individual California Ridgway’s rails or salt marsh harvest mice occur. If a nest of any mouse species is detected by the Service-approved biologist or repair personnel, all work that could affect the nest shall immediately stop. The Service-approved biologist shall immediately attempt to determine whether pups are present (without excessive physical disturbance of the nest itself) and shall then return the nest and vegetation around and over the nest to its pre-disturbance, natural condition, ensuring that the nest is concealed by vegetation. If no pups are present, the monitor shall establish a 10-foot buffer around the nest if feasible. The location and perimeter of that buffer shall be flagged and communicated to all repair personnel, and during all on-the-groundwork in the vicinity of that buffer, the Service-approved biologist shall ensure that no personnel access or other project activities. If a 10-foot buffer between on-the- ground repair activities and the nest is infeasible, the monitor shall contact the service to identify appropriate means of minimizing impacts to the nest while repair work occurs. If pups are present in the nest, the monitor shall establish a 20-foot buffer around the nest. The location and perimeter of that buffer shall be flagged and communicated to all repair personnel, and during all on-the- groundwork in the vicinity of that buffer, the Service-approved biologist shall ensure that no personnel access or other project activities. The 20-foot buffer shall be maintained for at least 30 days to allow the pups to mature to independence and disperse; this 30-day period can be reduced with Service approval if the pups were large and well-developed when the nest was initially detected. The Service-approved biologist shall monitor the placement of the mat and all activities conducted by personnel on the mat. The Service-approved biologist shall have stop-work authority if an individual that could be a California Ridgway’s rail, salt marsh harvest mouse, or other listed species is detected in an area where it may be injured or killed by construction activities. Per BO Conservation Measure 10, the Service-approved biologist shall monitor the vegetation removal and make specific recommendations with respect to the rate of vegetation removal (to ensure that any mice or rails present are able to escape to cover that will not be impacted) as appropriate. Task 7 Assumptions For the purpose of estimating an appropriate budget for this task, it is assumed that up to 39 days DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 9 of 15 (390 hours) for worker environmental awareness training and construction monitoring would be needed for the project to repair all 157 piles at a rate of 4 piles per day. This task also includes a total of 32 hours for project management support, which may be needed particularly if listed species are detected. Task 8. Habitat Construction Monitoring and Reporting The project’s Regional Water Quality Control Board (RWQCB) permit and BO, and the 2023 Restoration Monitoring Plan (RMP) prepared by H. T. Harvey, describe the required habitat monitoring to be performed. To meet these requirements, H. T. Harvey’s restoration ecologists shall perform the following subtasks. Task 8.1. Pre-Construction Habitat Monitoring and Construction Kick-off Meeting (2024) Prior to any project impacts and between September 1 and October 15, 2024, two restoration ecologists should measure vegetation cover in the Marsh Restoration Monitoring Area (MRMA) using the quadrat method. The number of samples should be determined by the point at which additional samples do not substantially change the average native wetland vegetation cover. Initially, 17 samples would be collected from the MRMA, constituting approximately 1% of the surface area. Samples should be located using a stratified random method to distribute samples representatively across the MRMA. During the site visit, photo documentation points of the MRMA shall be established using a geographic information system and photos shall be taken prior to commencement of repair work. A minimum of 10 photo documentation points shall be established. A figure with photo documentation points should be generated to use during future monitoring events and in reports. An associate restoration ecologist should review the project permits and then attend the remote construction kickoff meeting with the City of Palo Alto and the selected construction contractor to review construction methods relative to the project permit requirements. Task 8.2. Habitat Monitoring During Construction (September 2024 through January 2025) As required by BO conservation measure 5, a restoration ecologist shall monitor the construction elevation of temporary impact areas where marsh sod has been replaced. To do this, a restoration ecologist shall be present at the start of the initial sod removal to help the contractor understand the ecological aspects of the sod replacement method and, based on H. T. Harvey’s experience using sod revegetation techniques in marshes, provide guidance on how sod should be handled to facilitate rapid recovery of temporary impact areas. It is assumed this first site visit will be a full workday attended by an associate ecologist who will provide real-time input to the contractor and the City on the construction methods relative to project permits. Following construction, a restoration ecologist shall provide a site visit to qualitatively document the elevation of the replaced sod and collect post-construction photo documentation (2 site visits total). DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 10 of 15 Task 8.3. As-Built Report (2025) After the first year of construction is complete, H. T. Harvey restoration ecologists shall prepare a concise 2-3 page biological as-built report (not including appendices). The report shall be submitted to the City within 30 days of project completion and, if requested by the City, H. T. Harvey shall submit the as-built report to RWQCB (due 60 days after project completion). It is assumed that the final site visit in Task 8.2 will be used to document the extent of the actual area of disturbance. The report should include: • A qualitative description of the actual area of disturbance • 100% construction plans marked with contractor’s field notes • Written explanation for any deviations between the permitted and as-built condition • Figure with photo documentation points clearly marked •Pre- and post-construction photo documentation Task 8.4. Year 1 Monitoring Report (2025) In the first fall following the first year of construction, H. T. Harvey restoration ecologists shall carry out the monitoring required in the RMP and permits. Quadrat sampling shall be conducted in the restoration area as described in Task 8.1. Photo documentation should be collected from the fixed photo documentation points. Results should be compiled and summarized for comparison to the final success criteria. H. T. Harvey shall prepare a concise year one annual monitoring report for submittal to the permitting agencies. One draft and one final report are assumed. It is assumed that the project will meet its final success criteria at the end of year one and therefore only one year of monitoring will be necessary and impacts to regulated will not be more extensive or complex than described in the project’s RMP. Task 8 Deliverables • Draft and final as-built report • Draft and final annual monitoring report Task 8 Assumptions • Project work will be complete after 1 construction season (September 1, 2024-January 31, 2025). • There will be no significant deviations in the permitted construction plan that would necessitate additional data collection not covered in this scope. • 100% construction plans with any deviation marked on plans will be provided by the City. • 3 hours of general project management time per year is assumed to coordinate field work and checkin with the City as needed up to the limit of the budget. • Site visits per the task descriptions above. Task 9. Additional Monitoring In the event that monitoring exceeds the Task 7 budget due to biological and/or logistical constraints, this task will be available to cover additional monitoring needs. For the purpose of estimating an appropriate budget for this task, we have assumed that an additional 8 days (80 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 11 of 15 hours) of monitoring might be needed. This task also includes a total of 6 hours for project management support. DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 12 of 15 EXHIBIT B SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CONSULTANT shall perform the Services so as to complete each milestone within the timeline specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed (“NTP”) from the CITY. Milestones Completion Number of Weeks (as specified below) from NTP Contract No. S24189099 Original Scope of Services Tasks 1 through 6; Amendment #1 adds tasks 7 through 9: 1. Prepare USACE Permit Application 124 Weeks 2. Prepare RWQCB Permit Application 124 Weeks 3. Prepare BCDC Permit Application 124 Weeks 4. Prepare Biological Assessment 124 Weeks 5. Prepare Wetland Impact Monitoring Plan 124 Weeks 6. Design Engineer Coordination 124 Weeks 7. Worker Environmental Awareness and Construction Monitoring 104 weeks 8. Habitat Construction Monitoring and Reporting 104 weeks 9. Additional construction monitoring 104 weeks Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.) The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement. DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 13 of 15 EXHIBIT C COMPENSATION, AMENDMENT NO. 1 (AMENDED, REPLACES PREVIOUS) CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the schedule of rates attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE NOT TO EXCEED AMOUNT Contract No. S24189099 Original Scope of Services Tasks 1 through 6; Amendment #1 adds tasks 7 through 9: 1. Prepare USACE Permit Application $10,482.00 2. Prepare RWQCB Permit Application $10,152.00 3. Prepare BCDC Permit Application $12,811.00 4. Prepare Biological Assessment $6,286.00 5. Prepare Wetland Impact Monitoring Plan $4,214.00 6. Design Engineer Coordination 7. Worker Environmental Awareness and Construction Monitoring 8. Habitat Construction Monitoring and Reporting 9. Additional construction monitoring $996.00 $78,145.00 $24,197.00 $15,780.00 DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 14 of 15 Sub-total for Services $163,063.00 Reimbursable Expenses (if any) $1,634.00 Total for Services and Reimbursable Expenses $164,697.00 Additional Services (if any, per Section 4) $16,469.60 Maximum Total Compensation $181,166.60 REIMBURSABLE EXPENSES CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses for which CONSULTANT will be reimbursed are: travel and printing up to the not-to-exceed amount of: $1,634. DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Vers.: Aug. 5, 2019 Page 15 of 15 EXHIBIT C-2 SCHEDULE OF RATES, AMENDMENT NO. 1 (ADDED) DocuSign Envelope ID: E76A85CD-C220-4F65-AACC-7A226C692931 Attachment B: Bid Summary Project: PE ‐ 24000 Baylands Boardwalk Repair Project IFB No.: 190876 IFB Issue Date: April 3, 2024 Bid Opening Date: May 1, 2024 Unit Price Total Item Price Unit Price Total Item Price 1 1 Lump Sum Mobilization and Demobilization $ 40,000 40,000$ $ 28,079 28,079$ 2 1 Lump Sum Temporary Construction and Controls $ 15,000 15,000$ $ 50,000 50,000$ 3 1 Lump Sum Water Quality and Spill Prevention $ 5,000 5,000$ $ 17,000 17,000$ 4 1,080 Linear Feet Remove and Reset 2x6 Bracing (Trans)$ 20 21,600$ $ 23 24,840$ 5 1,080 Linear Feet Remove and Reset 2x6 Bracing (Long)$ 20 21,600$ $ 17 18,360$ 6 105 Pound Furnish and install Miscellaneous Metal, Galvanized $ 25 2,625$ $ 83 8,715$ 7 135 Each Furnish and Install Fiber‐Reinforced Polymer System Post/Pile Encasement $ 2,600 351,000$ $ 3,260 440,100$ $ 456,825 $ 587,094 Alt 01 185 Linear Feet Remove and Reset 2x6 Bracing (Trans)$ 20 3,700$ $ 24 $ 4,440 Alt 02 155 Linear Feet Remove and Reset 2x6 Bracing (Long)$ 20 3,100$ $ 17 $ 2,635 Alt 03 15 Pound Furnish and install Miscellaneous Metal, Galvanized $ 25 375$ $ 84 $ 1,260 Alt 04 22 Each Furnish and Install Fiber‐Reinforced Polymer System Post/Pile Encasement $ 2,600 57,200$ $ 3,270 $ 71,940 64,375$ 80,275$ 521,200$ 667,369$ 28% Total base plus bid alternates of the only bidder is 28% above the engineer's estimate. Valentine CorporationEngineer's Estimate Total (Base + Bid Alternate) Bid Item Approx. Quantity Unit Description Total Base Bid (Items 01 to 07) Base Bid ‐ Repair Priority 1, 2 & 3 Only Bid Alternate ‐ Repair Priority 4 Total Bid Alternate (Alt 01 through 04)