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Home My WebLink AboutCC AG PKT 2011-04-11 #J AGENDA STAFF REPORT DATE: April 11, 2011 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, Acting 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. 6124 approving Amendment No. 3 to the contract with Dudek to increase the "not -to- exceed" amount by $19,930 to a total of $274,930. BACKGROUND: At 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 Department of Toxic Substance Control (DTSC)- modified Johnson - Ettinger model at numerous sites and has relationships with independent toxicologists that can subcontract to Dudek. At the March 22, 2010 City Council Meeting, Council amended the contract with Dudek to increase the contracted "not -to- exceed" amount by $80,000 for a new total of $180,000 due to the complexity of the nature of the Arco soil contamination. Dudek's scope was to attend the numerous meetings, provide City with consultation, monitor the split sampling of residential properties and review technical documents. Agenda Item J Page 2 At the May 10, 2010 City Council Meeting, Council amended the contract with Dudek to increase the contracted "not -to- exceed" amount by $75,000 for a new total of $255,000 to review and comment / coordinate with ARCO regarding pilot tests, review and comment on ARCO revised Corrective Action Plan report and participate in technical meetings. The Arco site is scheduled to begin demolition in April 2011. This includes demolition of the building, the removal of the gas dispensers and underground storage tanks. Once the site is cleared, remediation will begin with dewatering and full excavation of soil, ( "Dig and Haul ") scheduled to begin on July 18, 2011. This current proposal dated February 11, 2011, from Dudek will provide the following two tasks for the above remediation operations at the site: Task 1 — Review of Final RAP Dudek will review and comment on Arco's final Remedial Action Plan. This plan is required by the Orange County Health Care Agency (OCHCA). This estimate includes two meetings with OCHCA, City staff and /or Technical Advisory Committee members for $9,340. Task 2 — Five Days of Field Observation of the Remediation Activities Dudek will provide five days of oversight of the remediation activities. The portions of the remediation to be observed will be determined after review of the final project schedule and progress of the initial dewatering activities for $10,590. The five days will be selected and will be coordinated with the OCHCA for field observations. The total for Tasks 1 and 2 is $19,930. FINANCIAL IMPACT: There is no financial impact. Arco has agreed to reimburse the City 100% of its cost. The City has already received previous payments from Arco. The current contract is not to exceed $255,000. Staff would like to increase this amount by $19,930 to a "not -to- exceed" amount of $274,930. The City has been awarding Dudek contract work as tasks of work arise. It has been more efficient to proceed in this fashion versus a larger, all- encompassing contract due to the dynamic circumstances of the environmental clean up. ANALYSIS: Dudek has been working diligently with the City of Seal Beach with regards to the Arco remediation clean up site. They have provided excellent data and research to help assist the City in making valuable recommendations to the residential Page 3 sampling, response comments to the Corrective Action Plan, Remedial Action Plan and presented at numerous community meetings with highly technical staff. Continuing with their services will maintain the continuity of the history of this project. RECOMMENDATION: It is recommended City Council adopt Resolution No. 6124 approving Amendment No. 3 to the contract with Dudek to increase the contracted "not -to- exceed" amount by $19,930 for a new total of $274,930. SUBMITTED BY: NOTED AND APPROVED: /* / al Ouen Sean '. Crumby, P.E. R. Ingram, • Director of Public Works Acting City Manager Prepared by: Michael Ho, City Engineer Attachments: A. Resolution No. 6124 B. Amendment No. 3 to Contract C. Proposal (with Schedule of Charges & Table 1) RESOLUTION NUMBER 6123 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. 3 to the Agreement for Professional Services between the City of Seal Beach and Dudek dated February 11, 2011 and directs the City Manager to execute the amendment. (increase the "not -to- exceed" amount by $19,930 to a total of $274,930) PASSED, APPROVED and ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 11th day of April , 2011 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 6123 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 11th day of April , 2011. City Clerk AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF SEAL BEACH AND DUDEK This Amendment 3 dated April 11, 2011, 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 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 $274,930 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. 3 to be executed and attested by their proper officers thereunto: City of Seal Beach Dudek "at k Jill R. Ingram, Acting City Manager Peter Quinlan, Vice President • Approved Attest: as to Form: City Clerk City Attorney • DUDEK CORPORATE OFFICE 605 THIRD STREET ENCINITAS, CALIFORNIA 92024 T 760.942.5147 T 800.450.1818 F 760.632.0164 February 10, 2011 Michael Ho City Engineer City of Seal Beach 21 1 8th Street Seal Beach, California 90740 RE: Proposal to Provide Environmental Consultation and Review of the Seal Beach ARCO RAP and Remediation Activities Dear Mr. Ho: Below is the proposed scope of work and costs for review of the final Remedial Action Plan (RAP) and limited oversight of the remediation field work. Task I — Review of Final RAP Dudek will review and comment on the final RAP. This estimate includes two meetings with OCHCA, City staff and /or TAC members. The estimated time and materials cost for this task is $9,340. Task 2 — Five Days of Field Observation of the Remediation Activities Dudek will provide 5 days of oversight of the remediation activities. The portions of the remediation to be observed will be determined after review of the final project schedule and progress of the initial dewatering activities. If needed, additional field oversight will be provided at the City's direction on a time and materials basis (201 I Schedule of Charges attached). The estimated time and materials cost for this task is $10,590. The total for Tasks 1 and 2 is $19,930. If you have any questions or require additional information regarding this proposal, please contact Derek Reed (Tel: 760 - 479 -4131 or email: dreed@dudek.com). Sincerely, DUDEK / l G Derek Reed, P.E. Senior Environmental Engineer DUDEK 2011 STANDARD SCHEDULE OF CHARGES ENGINEERING SERVICES HYDROGEOLOGICAL SERVICES Project Director $225.00/hr Principal $220.00 /hr Principal Engineer III $210.00/hr Sr. Environmental Engineer $190.00/hr Principal Engineer II $198.00/hr Sr. Hydrogeologist/Sr. Proj Mgr $170.00/hr Principal Engineer 1 $190.00/hr Project Manager $155.00/hr Senior Project Manager $180.00/hr Associate Hydrogeologist/Engineer $140.00/hr Project Manager $170.00/hr Hydrogeologist IV /Engineer IV $125.00/hr Senior Engineer 111 $160.00/hr Hydrogeologist III /Engineer I11 $115.00/hr Senior Engineer II $155.00/hr Hydrogeologist II /Engineer II $105.00/hr Senior Engineer 1 $145.00/hr Hydrogeologist 1 /Engineer 1 $95.00/hr Project Engineer IV $135.00/hr Technician $95.00/hr Project Engineer 01 $125.00/hr Project Engineer II $115.00/hr DISTRICT MANAGEMENT & OPERATIONS Project Engineer! $100.00/hr District General Manager $175.00/hr Project Coordinator $80.00/hr District Engineer $160.00/hr Engineering Assistant $75.00/hr Operations Manager $150.00/hr District Secretary/Accountant $85.00/hr ENVIRONMENTAL SERVICES Collections System Manager......... ........... $95.00/hr Principal $225.00/hr Grade V Operator $100.00/hr Senior Project Manager /Specialist 11 $210.00/hr Grade IV Operator $85.00/hr Senior Project Manager /Specialist 1 $200.00/hr Grade 111 Operator $80.00/hr Environmental Specialist/Planner VI $180.00/hr Grade 11 Operator $63.00/hr Environmental Specialist/Planner V $160.00/hr Grade 1 Operator $55.00/hr Environmental Specialist/Planner IV $150.00/hr Operator in Training $40.00/hr Environmental Specialist/Planner 111 $140.00/hr Collection Maintenance Worker 11 $55.00/hr Environmental Specialist/Planner 11 $130.00/hr Collection Maintenance Worker! $40.00/hr Environmental Specialist/Planner 1 $120.00/hr Analyst $100.00/hr OFFICE SERVICES Planning Research Assistant $80.00 /hr Technical/Drafting/CADD Services 3D Graphic Artist $150.00/hr ARCHAEOLOGICAL SERVICES Senior Designer $130.00/hr Senior Project Manager /Archaeologist II $210.00/hr Designer $120.00/hr Senior Project Manager /Archaeologist 1 $200.00/hr Assistant Designer $115.00/hr Environmental Specialist/Archaeologist VI ..$180.00/hr GIS Specialist IV $150.00/hr Environmental Specialist /Archaeologist V...$160.00/hr GIS Specialist III $140.00/hr Environmental Specialist/Archaeologist IV..$150.00 /hr GIS Specialist 11 $130.00/hr Environmental Specialist/Archaeologist III ..$140.00/hr GIS Specialist! $120.00/hr Environmental Specialist/Archaeologist II ...$130.00/hr CADD Operator III $115.00/hr Environmental Specialist/Archaeologist 1 ....$120.00/hr CADD Operator!! $110.00/hr Archaeologist Technician!! $70.00/hr CADD Operator! $95.00/hr Archaeologist Technician 1 $50.00/hr CADD Drafter $80.00/hr CADD Technician $70.00/hr CONSTRUCTION MANAGEMENT SERVICES Principal/Manager $195.00/hr SUPPORT SERVICES Senior Construction Manager $180.00/hr Technical Editor III $140.00/hr Senior Project Manager $160.00/hr Technical Editor 11 $125.00/hr Construction Manager $150.00/hr Technical Editor! $110.00/hr Project Manager $140.00/hr Publications Assistant III $100.00/hr Resident Engineer ..... $140.00/hr Publications Assistant II $90.00/hr Construction Engineer $135.00/hr Publications Assistant 1 $80.00/hr On -site Owner's Representative $130.00/hr Clerical Administration 11 $80.00 /hr Construction Inspector III $125.00/hr Clerical Administration I $75.00/hr Construction Inspector!! $115.00/hr Construction Inspector! $105.00/hr Forensic Engineering - Court appearances, depositions, and interrogatories as Prevailing Wage Inspector $135.00/hr expert witness will be billed at 2 00 times normal rates. 9 9 Emergency and Holidays - Minimum charge of two hours will be billed at 1.75 times the normal rate. Material and Outside Services - Subcontractors, rental of special equipment, special reproductions and bluepnnting, outside data processing and computer services, etc., are charged at 1.15 times the direct cost Travel Expenses - Mileage at current IRS allowable rates. Per diem where overnight stay is involved is charged at cost Invoices,Late Charges. - All fees will be billed to Client monthly and shall be due and payable upon receipt. Invoices are delinquent If not paid within thirty (30) days from the date of the invoice. Client agrees to pay a monthly late charge equal to one percent (1 %) per month of the outstanding balance until paid in full DUDEK Effective January 1, 2011 Table 1 Seal Beach Rememdial Action Review Units Unit Cost/Unit Cost Task 1 - Review Final RAP, 2 meetings Principal 24 hr $220 $5,280 Senior Engineer 16 hr $190 $3,040 Engineer II 8 hr $105 $840 Travel (City and RWQCB office) 2 ea $90 $180 subtotal $9,340 Task 2 - Five days of field observation of remediation activities Field Observation Engineer II 50 hr $105 $5,250 Senior Engineer 16 hr $190 $3,040 Principal 8 hr $220 $1,760 Travel 6 ea $90 $540 subtotal $10,590 TOTAL $19,930 , i