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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/01/2016 - RESOLUTION 2016-020 APPROVING AN EXCEPTION TO THEAgenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY March 1, 2016 City Council STAFF Gerry Paul, Director of Purchasing & Risk Management Kurt Friesen, Director of Park Planning & Development SUBJECT Resolution 2016-020 Approving an Exception to the Use of a Competitive Purchasing Process for a Professional Services Contract with Anderson Consulting Engineering, Inc for the Poudre River Downtown Project. EXECUTIVE SUMMARY The purpose of the item is to request an exception to the competitive purchasing process for the contracting of services with Anderson Consulting Engineering, Inc. to complete the design, permitting and construction administration of the Poudre River Downtown Project. Anderson Consulting Engineers is the lead consultant for the project and for the last three years has led the large interdisciplinary team responsible for preparation of preliminary design documents. Their work includes preparation of City development review drawings, hydraulic and stormwater modeling, construction documents, and coordination with multiple agencies including US Corp of Engineers, Colorado Parks and Wildlife and FEMA to secure the necessary permits for the project. The team has made considerable progress on the overall design, and developed collaborative partnerships with numerous stakeholders. In addition, the team has been instrumental in preliminary design of the river wave features and pools that incorporate fish passage structures and stormwater enhancements. Establishing a new contract with another consulting firm at this stage of the project would result in delays, additional cost to the City, and loss of coordination efforts with agencies conducted to date. Exception to Competitive Bidding Rationale: Code Section 8-161(d)(1)(b). Although there exists more than one (1) responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City's financial interests or will substantially impede the City’s administrative functions or the delivery of services to the public. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The City initiated and funded the master plan for the Poudre River Downtown Project during the 2013/2104 BFO process. The project included a comprehensive planning process for the Poudre River from Shields street to Mulberry. The master plan was approved by City Council in fall 2014 (Resolution 2014-093). The Master Plan identified the area between College Avenue and the Burlington Northern Santa Fe Railroad as the initial priority for City investment. The project area includes College Avenue, the old Coy irrigation diversion structure and headgate, the CSU Powerhouse Campus, Gustav Swanson Natural Area, properties along Vine Drive, and 2 railroads. This area is extremely complex, with many more variables to address than other sites identified for improvement in the Master Plan. Agenda Item 11 Item # 11 Page 2 Anderson Consulting Engineers has a long history of working on the Poudre River and has been under contract with the Stormwater Utilities providing Engineering Services since 2009. Their technical expertise in the hydraulic modeling and knowledge of the river system is critical to success of the project. The hydraulics involved with reconnecting the river to its floodplain and the flooding at College Avenue and Vine drive are complex issues. Given its extensive Poudre River experience as well as its role as project lead for the last several years, the Anderson design team has a deep familiarity with the complexities and challenges associated with this site. Anderson is uniquely suited to address the project’s core objectives. These objectives are: Flood Mitigation  Improve public safety and protect properties from damaging floods  Eliminate 100-year flood overtopping of College Avenue  Reduce or eliminate the 100-year flow split along Vine Drive  Reconnect the river to its floodplain while maximizing the beneficial environmental and recreational uses of the river corridor Habitat  Conserve and restore the existing riparian ecosystem to promote river health and resilience  Deliver continuous, connected aquatic and riparian habitat for fish wildlife, trees and plants  Achieve and maintain diverse and sustainable native fish, wildlife, and plant populations. Recreation  Provide a mix of active and passive recreational amenities both in and along the river which encourage a safe, healthy, outdoor lifestyle  Provide community gathering places and promote connectivity between recreational opportunities along the river corridor CITY FINANCIAL IMPACTS The estimated cost for the Anderson Consulting team to complete the design and associated hydraulic modeling, permitting and construction assistance will be approximately $1.13 million. This contract has a two (2) year term and pricing is based on the original contract terms. Funding has been appropriated for 2016. Funding for the phase one project will be provided from several sources as follows: $4 million Building on Basics 2.0 $1 million Natural Areas $1 million Stormwater $1.5 million Public and Private Fundraising $7.5 million Total Project Cost -1- RESOLUTION 2016-020 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN EXCEPTION TO THE USE OF A COMPETITIVE PROCESS FOR A PROFESSIONAL SERVICE CONTRACT WITH ANDERSON CONSULTING ENGINEERS, INC., FOR THE POUDRE RIVER DOWNTOWN PROJECT WHEREAS, in 2013 and 2014 the City initiated, funded and approved a master plan for the Poudre River Downtown Project (the “Master Plan”) which included a comprehensive planning process for the design, permitting and construction of the improvements to the Poudre River from Shields street to Mulberry (the “Project”); and WHEREAS, in 2013 the City contracted with Anderson Consulting Engineering, Inc. (“Anderson”) to be the lead consultant for the Project and Anderson has led a large interdisciplinary team responsible for preparation of preliminary design documents; and WHEREAS, Anderson has a long history of working on the Poudre River, including being under contract with the City’s Stormwater Utility providing it with engineering services since 2009; and WHEREAS, the Master Plan identified the area between College Avenue and Burlington North Santa Fe Railroad as the initial priority for City investment; and WHEREAS, this area is extremely complex with many more variables to address than other sites identified for improvement in the Master Plan; and WHEREAS, Anderson Consulting Engineers’ technical expertise in hydraulic modeling and knowledge of the Poudre River system is critical to the Project; and WHEREAS, the hydraulics involved with reconnecting the Poudre River to its floodplain and the flooding at College Avenue and Vine drive are also complex issues; and WHEREAS, given its extensive Poudre River experience as well as its role as the Project lead for the last several years, the Anderson design team has a deep familiarity with the complexities and challenges associated with this site which make Anderson uniquely suited to address the Project’s core objectives; and WHEREAS, those core objectives include flood mitigation, habitat conservation and restoration of the existing riparian ecosystems to promote river health and aquatic and riparian habitat for fish, wildlife, trees and plants and to achieve and maintain diverse sustainable habitat; and WHEREAS, the objectives also include enhancing recreation amenities both in and along the Poudre River; and -2- WHEREAS, the financial impact of this contract to complete the design and associated hydraulic modeling, permitting and construction assistance will be approximately $1.13 million dollars; and WHEREAS, the proposed contract will have a two-year term and pricing based on the original contract terms; and WHEREAS, funding for phase one of the Project will be provided in part as follows: $4 million from Building on Basic 2.0; $1 million from Natural Areas; $1 million from Stormwater; and $1.5 million from public and private fundraising for a total cost of $7.5 million; and WHEREAS, the funding for the Project has been appropriated and is authorized in the 2016 budget; and WHEREAS, City Code Section 8-161(d)(1)(b) authorizes an exception to the City’s competitive bidding process, although there is more than one responsible source, when the competitive process cannot reasonably be used, or if used, will result in a substantially higher cost to the City or will substantially impede the City’s administrative functions or the delivery of services to the public; and WHEREAS, as lead consultant on the Project, Anderson has the technical expertise to lead the Project and has developed collaborative partnerships with numerous stakeholders; and WHEREAS, the team has been instrumental in preliminary designs of the Poudre River that incorporate fish passage structures and stormwater enhancements; and WHEREAS, leveraging this extensive knowledge and experience is in the City’s best interest and will save significant time and cost to the continuing budget; and WHEREAS, establishing a new contract with another consulting firm at this stage of the Project would result in delays, substantially higher costs to the City and loss of coordination efforts with agencies conducted to date; and WHEREAS, the City Purchasing Agent and other City staff recommend the adoption of this Resolution; and WHEREAS, the City Code Section 8-161(d)(3) requires prior approval of this purchasing method by the City Council for all procurements which exceed Two Hundred Thousand Dollars ($200,000.00). NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. -3- Section 2. That the Council approves, as an exception to the City’s competitive bidding process, the purchase of services from Anderson for the Project and to do so as an exception to the City’s competitive procurement requirements for the reasons set forth herein. Section 3. That the Purchasing Agent may use this approval, as authorized in City Code Section 8-161(d)(4), as the basis for negotiating the additional purchase of services from Anderson for the Project for up to two additional one-year terms extending through December 2018. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1st day of March, A.D. 2016. __________________________________ Mayor ATTEST: _____________________________ City Clerk