RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Amendment No. 4 To The Professional Services Agreement With EKI Environment and Water, Inc. To Increase The Total Compensation By $26,000.00, For A Total Amount Not-To-Exceed $441,500.00, For Environmental Services Related To The South Bayfront Pedestrian Bicycle Bridge Project, EPW17- 112
WHEREAS, in July 2017, the City Council of the City of Emeryville adopted Resolution 17-121 authorizing the City Manager to enter into a Professional Services Agreement (PSA) with EKI Environment and Water in an amount not to exceed $200,000 for updating a Soil Cleanup Plan and overseeing the remediation of soil contamination on the east side of the railroad tracks portion of the South Bayfront Bridge project site; and WHEREAS, Council authorized a first amendment to the contract on May 21, 2019 to extend the contract termination date to December 31, 2020, and a second amendment on February 18, 2020 to amend the scope of services by $175,500 and extend the termination date to December 31, 2021, and a third amendment on June 1, 2021 to extend the term of the agreement sixty (60) days past the acceptance date of the project construction contract, revise the budget by $40,000, and amend the scope to include additional environmental services regarding DTSC Voluntary Oversight Agreement; and
WHEREAS, Continued environmental consulting services are required from EKI to support the construction effort and costs are projected to exceed the current contract amount, and
WHEREAS, EKI has provided the City with a supplemental scope of services and cost proposal (Exhibit A-4) in the amount of $26,000 to complete the effort required to comply with the regulatory requirements for the environmental remediation, and WHEREAS, Staff has reviewed this proposal and found it to be reasonable; and WHEREAS, The EKI contract is budgeted from existing project funds as follows:
Amount Fund Project Number
Original $ 200,000 472 16475006
Amend 1 $0 (Time) - 16475006
Amend 2 $ 175,000 475 16475006
Amend 3 $ 40,000 475 16475006
Amend 4 $ 26,000 475 16475006
now, therefore, be it
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute Amendment No 4 to the Professional Services Agreement with EKI Environment and Water, attached as Exhibit A-4, increasing the contract not to exceed DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE Resolution No. _____
Fourth Amendment EKI
City Council Meeting | October 4, 2022
amount by $26,000 for a total amount not to exceed $441,500 for environmental services covering the site associated with the South Bayfront Pedestrian Bicycle Bridge, Project EPW17-112 CIP#16475006 and CIP#17237003.
.
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 4, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE
CALIFORNIA
PROFESSIONAL SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV 06/2020
FOURTH AMENDMENT
THIS FOURTH AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and EKI ENVIRONMENT AND WATER, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
WITNESSETH THAT
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 25, 2017 (“Contract”) for the purpose of retaining the services of Contractor to provide certain Environment Services related to cleanup and remediation of contaminated soils and other materials with the site of the South Bayfront Pedestrian Bicycle Bridge Project (CIP No. 16475006 and No. 17237003); and WHEREAS, the City Council adopted Resolution 19-53 authorizing the City Manager to execute Amendment 1 to extend the term of the Agreement; and WHEREAS, the City Council adopted Resolution 20-12 authorizing the City Manager to execute Amendment 2 to extend the term of the agreement, revise the budget and work scope to update Cleanup Plans, and provide Bid and Construction support services related to said South Bayfront Pedestrian Bicycle Bridge Project; and WHEREAS, the City Council adopted Resolution 21-52 authorizing the City Manager to execute Amendment 3 to extend the term of the agreement, revise the budget and work scope to include additional environmental services regarding DTSC Voluntary Oversight Agreement; and
WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. AMENDMENT
The Parties agree to amend the Contract as checked below:
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE City of Emeryville | Professional Services Contract Amendment REV 06/2020
1.1 Exhibit A
Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-Revision Number;
OR
; Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-4, attached hereto and incorporated herein by this reference.
1.2 Termination Date
The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to NEW END DATE.
1.3 Total Compensation Amount
; The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by TWENTY SIX THOUSAND DOLLARS AND NO CENTS ($26,000.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed FOUR HUNDRED
FOURTY ONE THOUSAND FIVE HUNDRED DOLLARS AND NO
CENTS ($441,500.00).
2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.
From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.
3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE City of Emeryville | Professional Services Contract Amendment REV 06/2020
5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE City of Emeryville | Professional Services Contract Amendment REV 06/2020
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FOURTH AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: EKI ENVIRONMENT AND WATER, INC.
(Signature)
Earl James, P.G., Vice President
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE Corporate Office
2001 Junipero Serra Boulevard, Suite 300
Daly City, CA 94014
(650) 292-9100
ekiconsult.com
22 August 2022
Pedro Jimenez
Assistant City Manager
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
Subject: Budget Augmentation Proposal for Requested Additional Environmental Services Regarding DTSC Voluntary Oversight Agreement
Horton Landing Park
Emeryville, California
(EKI B70013.02)
Dear Mr. Jimenez:
EKI Environment & Water, Inc. (EKI) is pleased to submit this budget augmentation proposal for requested additional environmental services regarding the South Bayfront Pedestrian Bicycle Bridge Project which includes Horton Landing Park property (the HLP Site alternatively called, East Side) in Emeryville, California as well as permanent easements in the Bay Street Shops and Residences development (West Side). These services are proposed in accordance with terms in our agreement dated 25 August 2017 (Original Agreement) that was amended on: (a) 11 July 2019 for a Time Extension (Amendment 1); (b) 18 February 2020 for Time, Work Scope and Budget Augmentation (Amendment 2); and 19 April 2022 for Work Scope and Budget Augmentation (Amendment 3).
In May 2021, the City of Emeryville (City) entered into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substances Control (DTSC) for environmental oversight of the HLP Site. In accordance with Amendment 3, EKI prepared a Preliminary Endangerment Assessment (PEA) report for Area I of the HLP Site (Area I PEA), which was approved by DTSC on 1 November 2021. As stated in the approved Area I PEA, DTSC has requested that the City place a Land Use Covenant (LUC) on the Area I property, which was not included in the scope of work in Amendment 3.
Costs incurred to date have exceeded estimates given DTSC requirements to comply with the VCA. Therefore, this proposal includes budget to complete the remaining tasks required by DTSC in accordance with the SVA.
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DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE Pedro Jimenez
City of Emeryville
Horton Landing Park Project, Emeryville, California
22 August 2022
Areas A-H Tasks
EKI will conduct the following tasks for Areas A to H as follows:
x Prepare Operation & Maintenance Plan (O&M Plan) for Areas A to H; and EKI will also assist the City with preparation of the following documents to fulfill the long-term environmental requirements for Areas A to H:
x Operation & Maintenance Agreement (O&M Agreement) between City and DTSC for Areas A to H; and
x LUC for Areas A to H.
Area I Tasks
EKI will conduct the following task for Area I as follows:
x LUC for Area I.
West Side Tasks
EKI will conduct the following task for the West Side as follows:
x Prepare completion report in accordance with the DTSC-approved Final Soil Management Plan, South Bayfront Pedestrian Bicycle Bridge Project – West Side, Bay Street Project Area.
Project-Wide Tasks
It is our understanding that the City’s California Department of Tax and Fee Administration (CDTFA) account is under routine audit of the generator fees for hazardous waste disposed in calendar year 2020. In response to an email sent from the Department of Toxic Substances Control (DTSC) to the City dated 22 July 2022, EKI will conduct the following task:
x Prepare a memorandum that includes a response to “Each Action Necessary to Further Consider the Request for Exemption” as outlined in the DTSC email.
Schedule
EKI is prepared to begin work immediately on this project.
Budget
Compensation for consulting services by EKI Environment & Water, Inc. will be on a time and expense reimbursement basis in accordance with our Schedule of Charges as amended for the City of Emeryville, the most current Schedule dated 2 January 2022. We propose a total budget of $26,000 for the performance of Tasks 1 to 7, described above, which will not be exceeded
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE Pedro Jimenez
City of Emeryville
Horton Landing Park Project, Emeryville, California
22 August 2022
without additional authorization. A breakdown of the budget is provided below.
The estimated budget for EKI’s services may be allocated amongst the tasks described above as needed to fulfill the obligations under this proposal. We assume that the City will provide a written amendment to our Agreement providing specific work authorization for this project for EKI review and approval.
We are pleased to have the opportunity to work with you on this project.
If you have any questions, please call either of the undersigned at 650-292-9100.
Very truly yours,
EKI ENVIRONMENT & WATER, INC.
Logan Hansen, P.G. Earl James, P.G.
Supervising Geologist Vice President
Task Estimated Budget
1 Respond to City and DTSC Comments on
PEA/Completion Report for Areas A to H $ 2,500
2 Prepare O&M Plan for Areas A to H $ 8,000
3 Assist City with Preparation of O&M
Agreement and LUC for Areas A-H $ 2,000
4 Assist City with Preparation of a LUC for Area I $ 1,000 5 Prepare Completion Report for West Side $ 7,500
6 Assist with DTSC Communications and
Meetings $ 2,500
7 Prepare Memorandum to Request Exemption
from Hazardous Waste Generator Fees $ 2,500
Total Proposed Budget $ 26,000
DocuSign Envelope ID: 5FC966DC-8326-4A64-B08A-E31AAA483BAE