RESOLUTION NO. 24-39
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Execute Amendment No. 1 To The Professional Services Contract With Weiss Associates For Environmental Assessment Of 1245 Powell Street, Increasing The Contract Amount By $54,103 To An As Amended Total Not To Exceed $68,103
WHEREAS, in June 2023, the City became aware of the availability of the property located at 1245 Powell Street (the “Property”); and
WHEREAS, the Property is located adjacent to Stanford Avenue Park; and WHEREAS, the Property may represent an opportunity for expansion of Stanford Avenue Park; and
WHEREAS, the City and the owner of the Property have entered into a Purchase and Sale Agreement which provides for the City to conduct due diligence to evaluate the suitability of the Property for potential purchase, including the environmental condition f the Property; and
WHEREAS, in 2019, the City circulated a Request for Qualifications (“RFQ”) for various consulting services, including environmental services; and WHEREAS, Weiss Associates submitted a response to the RFQ for environmental services and was determined to be one of four top-ranked respondents to the RFQ; and WHEREAS, Weiss Associates is located in Berkeley and has extensive familiarity with Emeryville properties; and
WHEREAS, on the basis of Weiss Associates’ proximity, experience, and other factors, staff selected Weiss Associates to prepare a Phase I Environmental Site Assessment (“ESA”) of the Property pursuant to a Professional Services Contract dated December 8, 2023; and
WHEREAS, the City requires the preparation of a Phase II ESA to support its due diligence of the Property’s suitability; now, therefore be it RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute the First Amendment to the Professional Services Contract with Weiss Associates for environmental assessment of 1245 Powell in substantial form as attached hereto as Exhibit A, and be it further
RESOLVED, that the City Council of the City of Emeryville hereby authorizes the City Manager to execute further amendments to the Professional Services Contract as needed to effectuate its purposes, provided such amendments do not materially increase the City’s obligations thereunder.
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 Resolution No 24-39
Weiss Associates Contract Amendment No. 1
City Council Meeting | April 2, 2024
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, April 2, 2024, by the following vote:
AYES: 5
Mayor Welch, Vice Mayor Mourra and Council Members Bauters, Kaur and Priforce
NOES: 0
ABSTAIN: 0
ABSENT: 0
MAYOR
ATTEST: APPROVED AS TO FORM:
DEPUTY CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51
CALIFORNIA
PROFESSIONAL SERVICES CONTRACT
FOR CITY USE ONLY
Contract No. CIP No.
Resolution No. Project No. REV02/2024
FIRST AMENDMENT
THIS FIRST 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 WEISS ASSOCIATES (“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 December 8, 2023 (“Contract”) for the purpose of retaining the services of Contractor to provide environmental assessment of 1245 Powell Street; 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:
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-1, 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 SEPTEMBER 30, 2024.
Exhibit A DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 City of Emeryville | Professional Services Contract Amendment REV02/2024
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 FIFTY FOUR THOUSAND ONE HUNDRED THREE DOLLARS AND NO CENTS ($54,103.00). The total amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed
SIXTY EIGHT THOUSAND ONE HUNDRED THREE DOLLARS AND NO
CENTS ($68,103.00).
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.
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: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 City of Emeryville | Professional Services Contract Amendment REV02/2024
6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT
FIRST 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
Paul Buddenhagen, City Manager
Dated: WEISS ASSOCIATES
(Signature)
Tom Fojut, Principal Engineer
Attach:
W-9 Form
Attach:
Business License
Certificate
Attach:
Insurance Certificate
and Endorsements
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 Information in this proposal is considered business confidential and shall not be released to any third party without the written approval of Weiss Associates and shall be used only for purpose of evaluation of the proposal by the City of Emeryville.
March 5, 2024
Mr. Chadrick Smalley
Community Development Director
City of Emeryville
1333 Park Avenue
Emeryville, California 94608
RE: Proposal for Former Underground
Storage Tank Investigation
1245 Powell Street
Emeryville, California
Weiss Proposal No. 099-NFedPub.41
Dear Mr. Smalley:
As requested, Weiss Associates (Weiss) presents this proposal to the City of Emeryville (City) to investigate former underground storage tanks (USTs) and their associated dispensers and piping at the property referenced above. A conclusion of our currently ongoing Phase I Environmental Site Assessment is that a sampling investigation may assist in a future closure review of the USTs by the Local Oversight Program or other regulatory agencies. The objective of the investigation presented in this proposal is to assess whether a soil or groundwater impact resulted from a discharge from the USTs or underground piping. Our scope of work, a cost estimate, and a schedule are presented below.
BACKGROUND
Currently occupied by Boyd’s Auto Shop, the property was developed as a Phillips Petroleum Company service station in the 1950s. The service station included one 6,000-gallon and one 4,000- gallon fuel USTs, four fuel dispensers, one 280-gallon waste oil UST, and an underground remote-fill line that connected an automobile repair garage with the waste oil UST. The fuel USTs presumably contained gasoline and/or diesel. It appears that, according to City Building Permit files, the property transitioned to an automobile body shop in 1978, during which the USTs were removed. No documentation of the tank conditions, their disposal, or confirmation sampling concurrent with the tank removals has been found. However, it was not common practice to document tank condition or collect samples during tank removals at that time.
In January 2003, John Carver Consulting (JCC) collected and analyzed soil samples beneath the former fuel USTs.1 JCC collected a sample from between 11.5 and 12 feet below ground surface in five borings advanced in the former fuel tank pit. No petroleum hydrocarbons were detected in any of the samples above reporting limits except for 1.480 milligrams per kilogram (mg/kg) gasoline-range organics (GRO) in one sample. JCC concluded that the detection was below regulatory screening 1 John Carver Consulting, January 22, 2003. Phase II Report for 1245 Powell Street, Emeryville, California, prepared for CNL Commercial Finance, Inc.
(;+,%,7$
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 Mr. Chadrick Smalley
March 5, 2024
Information in this proposal is considered business confidential and shall not be released to any third party without the written approval of Weiss Associates and shall be used only for purpose of evaluation of the proposal by the City of Emeryville. 2 levels, it represented “an isolated situation and did not affect a significant portion of the site,” and that “no further environmental activities are warranted for this site at this time.” Weiss recommends an investigation that generally conforms to current-day standards for confirmation sampling during tank removals. Although the sampling conducted in 2003 provides some assurance that a significant release did not occur from the two fuel USTs, additional sampling is necessary to meet requirements of the Leaking Underground Fuel Tank Guidance Manual (LUFT Manual) and, thus, to present a more complete dataset for future closure consideration by the Alameda County Department of Environmental Health, the Local Oversight Program for UST cases in Emeryville.2
The proposed investigation includes sampling of:
x Groundwater from beneath the former fuel USTs;
x Soil and groundwater from beneath the former waste oil UST; x Soil from beneath the former fuel dispensers and remote-fill line; and x Groundwater from the upgradient property boundary to assess if off-site sources (e.g., former USTs at 1234 and 1240 Powell Street) may have impacted groundwater on the property.
SCOPE OF WORK
The scope of work for the investigation is divided into planning, sampling and analysis, and reporting tasks as presented below.
Task 1 – Planning
Weiss will prepare a work plan that details the sampling locations and methods and the data quality objectives of the laboratory analyses. The selection of sample locations, depths, and laboratory analyses will follow guidance presented in the LUFT Manual. The work plan will be for internal purposes only but would be provided to the City for review upon request. A project health and safety plan for Weiss staff and subcontractors will also be prepared.
Weiss will submit a drilling permit application and pay a fee to the Alameda County Public Works Agency (ACPWA). The ACPWA requires approximately 10 days to process the permit following the application.
Weiss will field-locate each boring based on historical engineering drawings copied from the City Building Department files. During this site visit, Weiss will also coordinate a subcontracted geophysical firm to clear each boring location of underground utilities and to survey the property for subsurface anomalies. The geophysical survey may assist in locating other unknown USTs that could have been installed for the automobile businesses that have occupied the property or for heating oil 2 California State Water Resources Control Board, September 2012, revised December 2015. Leaking Underground Fuel Tank Guidance Manual.
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 Mr. Chadrick Smalley
March 5, 2024
Information in this proposal is considered business confidential and shall not be released to any third party without the written approval of Weiss Associates and shall be used only for purpose of evaluation of the proposal by the City of Emeryville. 3 used for residential structures that existed on the property prior to the 1950s. As required, Weiss will also coordinate with USANorth811 to notify utility companies of the planned drilling.
Task 2 – Sampling and Analysis
Weiss will subcontract a licensed, drilling contractor to advance up to 14 borings for soil and groundwater sampling. A direct-push rig will advance eight of the borings for soil sampling to depths ranging between 12 and 15 feet. Groundwater, which is anticipated to between 6 and 12 feet, will be sampled in three of the borings. Another six borings, centered on the former dispensers and underground pipelines, will be manually augered to approximately 3 feet deep for soil sample collection. Our task budget includes coring of surface concrete at all locations and backfilling the borings under the observation of an ACPWA inspector. Soil from each boring will be logged in general accordance with the Uniform Soil Classification System, and a photoionization detector (PID) will be used to screen the soil for the presence of volatile hydrocarbons. Weiss will record global positioning system (GPS) coordinates for each boring.
Weiss will subcontract a certified laboratory to analyze the samples per the LUFT Manual.
The task budget assumes that the samples will be analyzed on a normal, 10-business-day turnaround.
A Weiss chemist will validate the laboratory data, which will be uploaded into an Environmental Quality Information System (EQuIS) database.
Excess soil from the borings will be stored temporarily in up to two 55-gallon drums.
The drums will be labeled and staged on the property until the waste is chemically characterized and approved for disposal at a permitted landfill. The task budget, which includes chemical characterization, transport of the soil to a landfill, and the landfill acceptance fee, assumes the soil will be classified as non-hazardous waste.
Task 3 – Reporting
Weiss will prepare a draft report that includes documentation of the site investigation methods and results; boring logs; tabulated analytical data; certified laboratory reports and chain-of-custody forms; documentation of the final destination of the soil waste; and conclusions based on the sampling results. A California-registered geologist or civil engineer will sign and stamp the report. Weiss will arrange for the laboratory to prepare an electronic data deliverable (EDD) to facilitate future uploading, if needed, to the State Water Resources Control Board GeoTracker site.
Weiss will provide an electronic draft version of the report for review and comment by the City. After incorporating input from the City, Weiss will prepare a final report in Adobe Acrobat Reader (pdf) format. Weiss will prepare the report for the sole and exclusive use by the City.
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 Mr. Chadrick Smalley
March 5, 2024
Information in this proposal is considered business confidential and shall not be released to any third party without the written approval of Weiss Associates and shall be used only for purpose of evaluation of the proposal by the City of Emeryville. 4 COST ESTIMATE
A detailed cost estimate is presented in Attachment A. The estimated cost totals to $54,103.
We assume the City will authorize Weiss to perform the scope of work with a future purchase order or as part of a Professional Services Agreement.
SCHEDULE
Weiss will strive to execute the scope of work on the following schedule.
Task
Estimated Completion Date
Following Authorization
Prepare sampling and analysis work plan and project health and safety plan
1 week
Secure drilling permit from ACPWA 3 weeks
Perform line locating and geophysical survey 3 weeks
Conduct site sampling, subject to contractor availability and site access
4 weeks
Analyze samples and upload data into database 6 to 7 weeks Provide draft report for City review 8 to 10 weeks
Weiss appreciates the opportunity to provide this proposal to the City of Emeryville. If you have any questions, feel free to contact me at [email protected] or (510) 450-6143.
Sincerely,
Weiss Associates
Thomas Fojut, PE, PG, CHG
Professional Geologist No. 6599
Attachment A – Detailed Cost Estimate
K:\MRKTNG\PROPOSALS\_NONFED-PUB SECTOR\CITY OF EMERYVILLE\1245 POWELL\FORMER UST INV PROPOSAL\FORMER UST INV PROPOSAL_REV_0.DOCX
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51
ATTACHMENT A
DETAILED COST ESTIMATE
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 This information is considered business confidential and shall not be released to any third party without the explicit approval of Weiss Associates and shall be used only for the purpose of establishing price, cost, and/or a rate schedule.
Total Cost Estimate: $54,102.70
WEISS LABOR
Category Unit Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost Principal I 294.00 $ hour 6 $1,764.00 2 $588.00 8 $2,352.00 16 $4,704.00 Sr. Staff Engineer 1 187.00 $ hour 16 $2,992.00 4 $748.00 24 $4,488.00 44 $8,228.00 Sr. Staff Geo/Sci II/GIS Analyst I 192.00 $ hour $0.00 $0.00 2 $384.00 2 $384.00 Staff Geo/Scientist/Hydro I 147.00 $ hour 16 $2,352.00 30 $4,410.00 8 $1,176.00 54 $7,938.00 GIS/Autocad Designer 134.00 $ hour 4 $536.00 $0.00 4 $536.00 8 $1,072.00 Technical Assistant 117.00 $ hour 4 $468.00 $0.00 4 $468.00 8 $936.00 Contract Administrator 192.00 $ hour 6 $1,152.00 $0.00 $0.00 6 $1,152.00 Project Database Analyst II 217.00 $ hour $0.00 $0.00 4 $868.00 4 $868.00 Total Weiss Labor 52 $9,264.00 36 $5,746.00 54 $10,272.00 142 $25,282.00
SUBCONTRACTORS
(Not Laboratory)
Name/Type of Subcontractor Unit Rate Qty Quote Cost Quote Cost Quote Cost Cost Driller 1 $0.00 $11,557.00 $11,557.00 $0.00 $11,557.00
Concrete Corer 1 $0.00 $4,200.00 $4,200.00 $0.00 $4,200.00 Geophysics/Utility Locator 1 $3,540.00 $3,540.00 $0.00 $0.00 $3,540.00 Waste Transportation/Disposal 1 $0.00 $1,500.00 $1,500.00 $0.00 $1,500.00 Total Subcontractors $3,540.00 $17,257.00 $0.00 $20,797.00 Mark-up 10% $354.00 $1,725.70 $0.00 $2,079.70
Total Subcontractor with markup $3,894.00 $18,982.70 $0.00 $22,876.70 Former Underground Storage Tank Investigation
1245 Powell Street, Emeryville, California
2. Sampling &
Analysis
3. Reporting
2. Sampling &
Analysis
3. Reporting
1. Planning
1. Planning
TOTAL
TOTAL
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 This information is considered business confidential and shall not be released to any third party without the explicit approval of Weiss Associates and shall be used only for the purpose of establishing price, cost, and/or a rate schedule.
Former Underground Storage Tank Investigation
1245 Powell Street, Emeryville, California
LAB COSTS
Item Unit Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost EUROFINS - CALSCIENCE - TUSTIN -2024 RATES
Volatile Organics Analysis
Gas/Gasoline Range Organics (GRO) EPA Method 8015 B/C/D $ each $0.00 15 35.00 $525.00 $0.00 15 $525.00 Diesel/Diesel Range Organics (DRO) EPA Method 8015 B/C/D $ each $0.00 11 45.00 $495.00 $0.00 11 $495.00 VOCs plus Fuel Oxygenates EPA Method 8260 B/C/D $ each $0.00 15 $1, 80.00 200.00 $0.00 15 $1,200.00
DRO/MRO
(Diesel and Motor Oil Standard)
EPA Method 8015 B/C/D $ each $0.00 4 70.00 $280.00 $0.00 4 $280.00 PAHs by Selective Ion Monitoring EPA Method 8270 C/D/E SIM $ each $0.00 4 90.00 $360.00 $0.00 4 $360.00 4-7 Metals ICP/MW Analysis
(Includes Digestion)
EPA Method 6020/B or 200.8 $ each $0.00 3 50.00 $150.00 $0.00 3 $150.00 Percent Moisture for Dry Weight
Correction only (no certification)
$ each $0.00 10 15.00 $150.00 $0.00 10 $150.00
Methanol kit for 8260 or GRO EPA Method 5035A $ each $0.00 11 10.00 $110.00 $0.00 11 $110.00 GeoTracker EDD 25.00 $ each $0.00 1 $25.00 $0.00 1 $25.00 EQuIS EDD 25.00 $ each $0.00 1 $25.00 $0.00 1 $25.00
Sample Disposal 3.00 $ each $0.00 15 $45.00 $0.00 15 $45.00 13-18 Metals ICP/MW Analyis EPA Method 6020/B or 200.8 $ each $0.00 1 85.00 $85.00 $0.00 1 $85.00 Total Lab Costs $0.00 $3,450.00 $0.00 91 $3,450.00
Mark-up 10% $0.00 $345.00 $0.00 $345.00
Total Lab Costs with markup $0.00 $3,795.00 $0.00 $3,795.00 Subtasks
Permitting
Item Unit Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost Drilling Permit, ACPWA 445.00 $ each 1 $445.00 $0.00 $0.00 1 $445.00 Total Permitting $445.00 $0.00 $0.00 1 $445.00
Mark-up 10% $44.50 $0.00 $0.00 $44.50
Total Permitting $489.50 $0.00 $0.00 $489.50
1. Planning 2. Sampling &
Analysis
3. Reporting
3. Reporting
TOTAL
TOTAL
1. Planning 2. Sampling &
Analysis
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51 This information is considered business confidential and shall not be released to any third party without the explicit approval of Weiss Associates and shall be used only for the purpose of establishing price, cost, and/or a rate schedule.
Former Underground Storage Tank Investigation
1245 Powell Street, Emeryville, California
WEISS FIELD EQUIPMENT
Item Unit Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost GPS, Trimble GEO 7x cm 200.00 $ day $0.00 1 $200.00 $0.00 1 $200.00 Meter, PID ppbrae 3000 150.00 $ day $0.00 3 $450.00 $0.00 3 $450.00 Meter, Water Level 25.00 $ day $0.00 3 $75.00 $0.00 3 $75.00 Truck/Van-Std. 90.00 $ day 1 $90.00 4 $360.00 $0.00 5 $450.00 Weiss Truck Mileage 0.67 $ mile 10 $6.70 40 $26.80 $0.00 50 $33.50 Total Field Equipment 11 $96.70 $1,111.80 $0.00 62 $1,208.50
WEISS FIELD SUPPLIES
Item Unit Rate Unit Qty Cost Qty Cost Qty Cost Qty Cost Gloves, nitrile, hvy duty (grn) $3.00 pair $0.00 4 $12.00 $0.00 4 $12.00 Gloves, nitrile, light duty (blu) $0.50 pair $0.00 40 $20.00 $0.00 40 $20.00 Sampling fee, soil $10.00 sample $0.00 11 $110.00 $0.00 11 $110.00 Sampling fee, water $12.00 sample $0.00 4 $48.00 $0.00 4 $48.00 Tubing, polyeth, ¼” - ½ “ $0.30 foot $0.00 120 $36.00 $0.00 120 $36.00 Water, distilled $2.50 gallon $0.00 10 $25.00 $0.00 10 $25.00 Other Field Supplies from WA Warehouse $200.00 each $0.00 1 $200.00 $0.00 1 $200.00 Total Field Supplies 0 $0.00 190 $451.00 $0.00 190 $451.00
TASK SUMMARY
Qty Cost Qty Cost Qty Cost Qty Cost
Total Estimated Labor 52 $9,264.00 36 $5,746.00 54 $10,272.00 142 $25,282.00 Total Estimated Subcontracts $3,894.00 $18,982.70 $0.00 $22,876.70 Total Estimated Direct Costs $586.20 $5,357.80 $0.00 $5,944.00 TOTAL TASK COST $13,744.20 $30,086.50 $10,272.00 $54,102.70
2. Sampling &
Analysis
3. Reporting
TOTAL
1. Planning 2. Sampling &
Analysis
1. Planning
1. Planning 2. Sampling &
Analysis
3. Reporting
TOTAL
3. Reporting
TOTAL
DocuSign Envelope ID: 1190CD4E-0634-476F-ACA1-42BEB3AACF51