DATE:
October 4, 2022
TO:
Adam Politzer, Interim City Manager
FROM:
Mohamed Alaoui, Public Works Director
SUBJECT:
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 Recommendation
Staff recommends that the City Council of the City of Emeryville adopt the above-entitled resolution amending the budget for the Professional Services Agreement with EKI Environment and Water, Inc.
Background
The South Bayfront Pedestrian Bicycle Bridge Project includes the construction of Horton Landing Park (and Horton Landing Park Expansion) and is currently open to the public but has not yet been accepted by the City Council. The improvements are located on land that was determined to be contaminated.
The City retained the services of EKI Environment and Water, Inc. to assure the project site is remediated in compliance with local, state and federal laws. The remediation objective is to assure the site is cleaned up and safe for the future users of the project facilities. The City entered into three Professional Services Contracts with EKI to provide environmental consulting services for the South Bayfront Bridge project. Two of the three contracts have been completed and one contract remains active. The remaining active contract was originally executed on August 25, 2017 for $200,0000. Council authorized a first amendment to the contract on May 21, 2019 to extend the contract termination date to December 31, 2020. A second amendment was authorized on February 18, 2020 amending the scope of services by adding $175,500 and extending the termination date to December 31, 2021. A third amendment was authorized 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.
Discussion
The environmental consulting services required from EKI to support the completion of the project are projected to exceed the current contract scope and amount. EKI has provided the City with a supplemental scope of services to complete the effort to comply with the regulatory requirements of the California Department of Toxic Substances Control (DTSC) for the environmental remediation in accordance with the Standard Voluntary Agreement (SVA). These services include preparing Operation & Maintenance Plans and Agreements, preparing Land Use Covenants (LUC), and the completion of other documentation and regulatory reporting for the project. EKI has provided a cost for these services in the amount of $26,000. Staff has reviewed this proposal and found it to be reasonable.
FISCAL IMPACT
EKI contract costs are included in the existing project budget 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
Staff Communication with the Public
None.
Conflict of Interest
None.
Conclusion
Cleanup of the project site is necessary for the future use of the park improvements by the public. The project is one of the City Council’s top priorities. Staff recommends the City Council adopt the resolution authorizing the City Manager to execute the Agreement Amendment with EKI Environment and Water, Inc as set forth in this report.
PREPARED BY: Josie Ahrens, Management Analyst
Approved and Forwarded to the
City Council of the City of Emeryville:
Adam Politzer, Interim City Manager
Attachments
Professional Services Agreement
Draft Resolution
Professional Services Agreement, Exhibit A-4 and Amendments S. Bayfront Bridge/Horton Landing Park Expansion
Environmental Services with EKI Environment and Water, Inc.
City Council Meeting | October 4, 2022
City of Emeryville
CALIFORNIA
MEMORANDUM