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  9.B.       
Meeting Date: 09/15/2021  
From: Joyce Halabi

RECOMMENDATION
  1. Authorize Amendment #2 for the archeological monitoring agreement with Patricia Paramoure Archeological Consulting for the ASBS Capture and Diversion Project increasing the total contract amount by $42,836.38, for a total contact amount of $117,586.38 
  2. Authorize Amendment #2 for archeological monitoring agreement with Patricia Paramoure Archeological Consulting for the Sewer Collection System Master Plan projects increasing the total contract amount by $9,377.65, for a total contact amount of $118,627.45 
DISCUSSION
Archeological monitoring was a required element of the $5 million Sewer Collection System Master Plan Projects 3, 4, 5, & 8 (SCSMP Project) and the $4.4 million grant funded ASBS Stormwater Capture and Diversion project (ASBS Project) due to significant work occurring in the coastal zone, and as required by the Coastal Development Permit and the mitigated monitoring program as specified in the Monterey-Pacific Grove ASBS Stormwater Management Project Environmental Impact Report (EIR) Addendum.   

Prior to the commencement of the two projects, City staff estimated the required archeological monitoring costs. The original estimates were within the City Manager’s spending authority. Agreements were executed with Patricia Paramoure Archeological Consulting (Patricia Paramoure) for archeological monitoring of both the ASBS and SCSMP projects in an amount not to exceed $30,000 plus a 10% contingency (attached).  

As construction commenced, it was determined that the initial archeological monitoring estimates would not suffice. Monitoring needs were greater than anticipated due to multiple work sites requiring multiple monitors simultaneously.   

Staff estimated additional archeological monitoring needs for the duration of construction, based on construction schedules and costs incurred. Amendments for the ASBS and SCSMP projects were brought forth to the City Council. At the August 19, 2020 meeting, City Council authorized amendments for both agreements, increasing the total contract amounts as noted below in Table 1.  The original Agenda Report is linked for reference.  

Table 1 – Contract Adjustments following Amendment #1 
Project Original Contract Total 
Contract Total Following Amendment 1   
ASBS  $30,000 plus a 10% contingency  $65,000 plus a 15% contingency 
 SCSMP  $30,000 plus a 10% contingency  $95,000 plus a 15% contingency 

When estimates were produced for the amendments, the SCSMP project was much further along in the construction process. This resulted in more accurate construction schedules and a closer estimate of total archeological monitoring costs.   

Although ASBS construction was underway at the time estimates were produced, the project was moving at a slower pace. Therefore, the estimates did not take into account the ramp-up of active ground disturbance sites and were based on the slower pace of construction and a tentative construction timeline. As a result, the amended amount was not an accurate figure to account for total monitoring costs. 

Ultimately,  the amended contract amounts were not sufficient to account for the full archeological monitoring costs associated with the projects.  As the projects neared completion, it was determined that Staff would return to City Council upon project completion, producing one final amendment for each contract to true up the total costs of this mandatory project element.  This direction ensured the projects could continue as scheduled while avoiding additional costs associated with demobilization and halting work. Moreover, it avoided the potential to over or underestimate the remainder of monitoring costs needed producing another subsequent amendment. 

The projects have now concluded and final invoicing has been processed providing Staff with a final total cost which serves as the basis for the proposed amendments. 

 When estimates were produced for the amendments, the SCSMP project was much further along in the construction process. This resulted in more accurate construction schedules and a closer estimate of total archeological monitoring costs.   

Table 2 – Total Project Expenses and Project Delta 
Project Amended Contract Total Total Costs Incurred  Delta 
ASBS $74,750  $117,586.38  $42,836.38 
SCSMP $109,250  $118,627.45  $9,377.65 

Staff is recommending authorization of a second amendment for the ASBS and SCSMP projects to increase the total project budgets by the existing delta to reflect the total costs of archeological monitoring incurred.  

As noted above, archeological monitoring was a mandatory element of the construction of both of these vital infrastructure improvement projects.   
OPTIONS
  1. Authorize the amendments
  2. Do not authorize the amendments.  Failure to approve the proposed amendments will result in inaccurate contract documents. Costs have already been incurred; amendments need to be executed to reflect the total payments made
FINANCIAL IMPACT:
All expenses associated with archeological monitoring for the SCSMP and ASBS projects were derived from the Sewer Enterprise Fund.  Costs for the Pacific Grove ASBS project serve as part of the City's matching project grant funds as per the approved grant budget for the $4.4M ASBS Project grant from the State.   

As noted above, the costs have already been incurred. This amendment will allow the City to true up the contract for this mandatory project element.  
  
GOAL ALIGNMENT: City Asset Stewardship: Repair, maintain and improve City assets, including streets, sidewalks, sewer systems, buildings, and parks and trails.
Attachments
ASBS Agmt
Amendment #1 - ASBS Archeological Monitoring Agreement
Proposed Amendment #2 - ASBS Archeological Monitoring Agreement
SCSMP Agmt
Amendment #1 - SCSMP Archeological Monitoring Agreement
Proposed Amendment #2 - SCSMP Archeological Monitoring Agreement


    

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