HomeMy WebLinkAboutCC AG PKT 2010-03-22 #KAGENDA STAFF REPORT
DATE: March 22, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Terrence Belanger, Interim Director of Public Works
SUBJECT: APPROVAL OF ADDITIONAL FUNDS FOR DUDEK
SUMMARY OF REQUEST:
Staff requests the City Council to adopt Resolution No. 5977 approving
Amendment No. 1 to the attached contract to Dudek and Associates to increase
the "not -to- exceed" amount to $180,000.
BACKGROUND:
On the January 11, 2010 City Council Meeting, Council approved a contract with
Dudek in the amount of $100,000 to monitor the Arco soil contamination in the
Bridgeport area, and assist the City in evaluating proposed remediation efforts to
address the contamination in the Bridgeport community and at the service station
site.
Dudek is an engineering and environmental consulting firm having knowledge
and extensive experience in investigating and remediating hydrocarbon and
related chemical contamination of soil, soil vapor, and groundwater associated
with releases from Underground Storage Tanks and petroleum processing
facilities. The firm also has evaluated potential health risks due to vapor intrusion
into buildings using the DTSC- modified Johnson - Ettinger model at numerous
sites and has relationships with independent toxicologists that can subcontract to
Dudek.
The following, but not limited to, is the scope of work Dudek and Associates has
performed:
1. Review and commented monitoring reports and work plans prepared by
ARCO
2. Evaluated vapor migration potential and exposure potential
3. Calculated potential human health risks
4. Evaluated the progress of remediation and propose additional actions to
expedite the remediation
Agenda Item K
Page 2
5. Counsel the City and participate in meetings.
Due to the complexity of the nature of the Arco soil contamination, Dudek has
quickly approached, its $100,000 contract limit in preparing maps, presentations,
split samplings, onsite inspections, soil investigations and attending numerous
meeting with City Staff, Orange County Health Care Agency, Arco and the
community.
FINANCIAL IMPACT:
There is no financial impact. Arco has agreed to reimburse the City 100% of its
cost. The current contract is not to exceed $100,000. Staff would like to increase
the "not -to- exceed" amount to $180,000.
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 5977 approving
Amendment No. 1 to the attached contract to Dudek and Associates to increase
the "not -to- exceed" amount to $180,000.
SUBMITTED BY:
JLA�k f
Terrence Belanger, Interim
Director of Public Works 0
NOTED AND APPROVED:
David Carmany, City Manager
Attachments:
A. Resolution No. 5977
B. Amendment No. 1 to Contract
C. Contract for Professional Services
RESOLUTION NUMBER 5977
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK
AND ASSOCIATES
The City Council of the City of Seal Beach does hereby resolve:
Section 1. The Council hereby approves that certain Amendment No. i to the
Agreement for Professional Services Between the City of Seal Beach and Dudek
and Associates dated March 22, 2010 and directs the City Manager to execute
the Amendment.
PASSED, APPROVED and ADOPTED by the City Council of the City of Seal
Beach at a regular meeting held on the 22nd day of March , 2010
by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
°foregoing resolution is the original copy of Resolution Number 5977 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 22nd day of March - 1 2010.
City Clerk
AMENDMENT 1 TO AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEAL BEACH
AND DUDEK AND ASSOCIATES
This Amendment 1 dated March 22, 2010, amends that certain agreement for
professional services ( "Agreement ") between the City of Seal Beach, a California
charter city ( "City") and Dudek and Associates ( "Consultant") dated December
17, 2009.
RECITALS
WHEREAS, City and Consultant entered into the Agreement on December 17,
2009; and
WHEREAS, the parties wish to amend the Agreement to increase the maximum
amount the City will pay Consultant for its services.
NOW, THEREFORE and in consideration of the foregoing and of the mutual
covenants and promises herein set forth, the parties agree to amend the
Agreement as follows:
1. Paragraph 2.0 of the Agreement is hereby amended to read as follows:
"2.0 Consultant's Compensation. City will pay Consultant for all
services provided to the satisfaction of the City in accordance with
the hourly rates listed in the fee schedule set forth in Exhibit B. Any
additional work authorized by the City Manager pursuant to Section
1.4 will be compensated in accordance with the hourly rates listed
in Exhibit B. In no event will the City pay more than $180,000 to
Consultant without a further amendment to this Agreement."
2. All other terms and provisions of the Agreement shall have full force and
effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No 1
to be executed and attested by their proper officers thereunto:
City of Seal Beach Dudek and Associates
David Carmany, City Manager
Attest:
City Clerk
Approved
as to Form:
City Attorney