HomeMy WebLinkAboutCC AG PKT 2010-05-10 #H AGENDA STAFF REPORT
DATE: May 10, 2010
TO: Honorable Mayor and City Council
THRU: David Carmany, City Manager
FROM: Sean P. Crumby P.E., Director of Public Works
SUBJECT: APPROVAL OF ADDITIONAL FUNDS FOR DUDEK -
ENVIRONMENTAL CONSULTANT SERVICES (ARCO
CONTAMINATION ISSUE)
SUMMARY OF REQUEST:
Staff requests the City Council to adopt Resolution No. 6001 approving
Amendment No. 2 to the contract with Dudek to increase the "not -to- exceed"
amount to $255,000.
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
Agenda Item H
Page 2
4. Evaluated the progress of remediation and propose additional actions to
expedite the remediation
5. Counsel the City and participate in meetings.
On the March 22, 2010 City Council Meeting, Council amended the contract with
Dudek to increase the not to exceed amount to $180,000 due to the complexity
of the nature of the Arco soil contamination.
Staff anticipates the below upcoming issues with Arco and requested a proposal
from Dudek to provide below services:
• Preparation of comments / coordination with ARCO regarding pilot tests
• Observation of pilot test field work to verify procedures and collect split
samples
• Review and comment on ARCO pilot test reports
• Review and comment on ARCO revised Corrective Action Plan report
• Participation in technical meetings with ARCO and / or Orange County
Health Care Agency
• Participation in Bridgeport community meetings as requested by City
• Participation in Bridgeport Technical Advisory Committee meetings as
requested by City
• Consultation with City staff and outside counsel
Dudek estimates the above additional work at $75,000 to cover the next three
months.
FINANCIAL IMPACT:
There is no financial impact. Arco has agreed to reimburse the City 100% of its
cost. Staff would like to increase the "not -to- exceed" amount to $255,000.
RECOMMENDATION:
It is recommended City Council adopt Resolution No. 6001 approving
Amendment No. 2 to the contract with Dudek to increase the "not -to- exceed"
amount to $255,000.
SUBM / TTED BY: NOTED AND APPROVED:
Sean P. Crumby, P.E. / David Carman y, City Manager
Y er g
Director of Public Works
Attachments:
A. Resolution No. 6001
B. Amendment No. 2 to Contract
RESOLUTION NUMBER 6001
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING THE AGREEMENT FOR PROFESSIONAL
SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK
The City Council of the City of Seal Beach does hereby resolve:
Section 1. The Council hereby approves that certain Amendment No. 2 to the
Agreement for Professional Services between the City of Seal Beach and Dudek
dated May 10, 2010 to increase the "not -to- exceed" amount to $255,000 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 10th day of May , 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 6001 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 10th day of May , 2010.
City Clerk
•
AMENDMENT NO. 2 TO AGREEMENT
FOR PROFESSIONAL SERVICES BETWEEN
THE CITY OF SEAL BEACH AND DUDEK
This Amendment No. 2 dated May 10, 2010, amends that certain agreement for
professional services ( "Agreement ") between the City of Seal Beach, a California
charter city ( "City ") and Dudek ( "Consultant ") dated December 17, 2009.
RECITALS
WHEREAS, City and Consultant entered into the Agreement on December 17,
2009; and
WHEREAS, the Agreement was amended by Amendment No. 1 on March 22,
2010 to increase the maximum amount the City is obligated to pay Consultant for
its services to $180,000; and
WHEREAS, the parties wish to amend the Agreement to increase the maximum
amount the City is obligated to pay Consultant for its services to $255,000.
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 $255,000 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. 2
to be executed and attested by their proper officers thereunto:
City of Seal Beach D Le'�
t
David Carmany, City Manager 'eter Quin a , Vice President
Approved
Attest: as to Form:
City Clerk City Attorney