DATE:
April 2, 2024
TO:
Paul Buddenhagen, City Manager
FROM:
Chadrick Smalley, Community Development Director
SUBJECT:
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 Recommendation
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute an amendment to the Professional Services Contract with Weiss Associates for the environmental assessment of 1245 Powell Street, increasing the contract amount by $54,103 to an as-amended total not to exceed $68,103.
Background
In July 2023, the City was alerted to the potential availability of the property at 1245 Powell Street (APN 49-1314-001-01) as the property was being marketed for sale. The property is approximately 12,800 square feet in size and is improved with a currently operating automobile repair shop known as “Boyd’s Auto Body”. The property is located adjacent to Stanford Avenue Park, between Vallejo Street and Beaudry Street. Because of this adjacency, the property represents a unique opportunity to expand this City park in the future.
Staff commenced negotiations with the property owner’s representative in summer 2023, which culminated in a Purchase and Sale Agreement executed in March 2024. Under the terms of the Purchase and Sale Agreement, the City has 120 business days from the date of execution of the Purchase and Sale Agreement to complete its due diligence, including evaluation of the property’s environmental condition.
Discussion
In 2019, the City circulated a Request for Qualifications (RFQ) to create a list of pre-qualified vendors for consulting services in various disciplines. Staff utilized this list to select a consultant to prepare a Phase I Environmental Site Assessment (ESA) of 1245 Powell. A Phase I ESA is a routine report typically completed as part of most commercial real estate transactions and is a compilation of research on the current and historical uses of a property. The intent of a Phase I ESA is to assess if current or historical property uses have impacted the soil or groundwater beneath the property and could pose a threat to the environment and/or human health.
Weiss Associates (Weiss) was one of four firms in a tie for the top ranking for Environmental Services under the 2019 RFQ. Weiss was chosen for the environmental assessment of 1245 Powell because they were one of the top ranked firms, and the other top ranked firms had all been awarded other City contracts recently. Weiss is a Berkeley-based firm with deep knowledge of Emeryville sites, and expediency is of primary importance for this work. Weiss’ proximity and knowledge of Emeryville were determined to be helpful to ensure the work is completed timely.
On December 8, 2023, the City entered into a Professional Services Contract with Weiss to prepare a Phase I ESA of the property in an amount not-to-exceed $14,000.
The Phase I ESA prepared by Weiss indicated a service station previously occupied the property and, in light of the documentation reviewed, Weiss recommended preparation of a Phase II ESA to support the City’s due diligence. A Phase II ESA includes physical sampling of a property to determine the presence or absence of contaminants. Accordingly, staff requested Weiss to prepare a proposal for the preparation of a Phase II ESA.
The proposed contract amendment would add groundwater and soil sampling and the preparation of a Phase II ESA to the original contract scope of work. To accommodate this additional work, an increase in the contract amount from $14,000 to $68,103 (an increase of $54,103) is required. Additionally, the proposed contract amendment extends the contract termination date from June 30, 2024 to September 30, 2024 to allow sufficient time to complete the additional work.
Fiscal Impact
As noted above, the proposed contract amendment increases expenditures by $54,103. This amount will be funded by the City’s Brownfield Revolving Loan Fund (Fund 243) for Professional Services (Account 80050).
Staff Communication with the Public
None.
Conclusion
Staff recommends that the City Council adopt the attached resolution authorizing the City Manager to execute the first amendment 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.
PREPARED BY: Chadrick Smalley, Community Development Director Approved and Forwarded to the
City Council of the City of Emeryville:
Paul Buddenhagen, City Manager
Attachments
Original Professional Services Contract
Draft Resolution, including Exhibit A: Amendment No. 1 to Professional Services Contract with Weiss Associates Weiss Associates Contract Amendment No. 1
| April 2, 2024
City of Emeryville
CALIFORNIA
MEMORANDUM