HomeMy WebLinkAboutResolution 2020-024 N.C.S. 02/24/2020Resolution No. 2020-024 N.C.S.
of the City of Petaluma, California
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT
TO A PROFESSIONAL SERVICES AGREEMENT AND APPROVING A
REVISED BUDGET FOR THE PAYRAN UNDERGROUND STORAGE
TANK SITE REMEDIATION PROJECT
WHEREAS, the site of a former fire station located at 301 Payran Street has had
extensive subsurface investigations and remediation work to address apparent contamination
resulting from an underground storage tank (UST) since approximately 1988. Groundwater
sampling and analysis has confirmed that both onsite and offsite groundwater is impacted with
petroleum hydrocarbons that have apparently emanated from the former UST; and
WHEREAS, the City of Petaluma has an obligation to the State Water Resources
Control Board to continue remediation at the 301 Payran Street site until approved for closure by
the Sonoma County Department of Health Services; and
WHEREAS, this project requires the services of a quality professional firm familiar with
the project and experienced in underground storage tank remediation; and
WHEREAS, Edd Clark & Associates responded to the City's Request for Proposals and
was awarded a Professional Services Agreement in July 2016 under Resolution 2016-128 N.C.S.
in the amount of $506,152.80; and
WHEREAS, Edd Clark & Associates has been operating the remediation equipment for
approximately twenty-three (23) months and is approaching the contract's budgetary limits; and
WHEREAS, the City of Petaluma is required to continue remediation of the site until
contamination levels are low enough for the site to be closed; and
WHEREAS, the site has not achieved contamination removal and may require up to six
(6) additional months of treatment to achieve contamination levels for closure; and
WHEREAS, the City has amended the project scope and budget to include an additional
6 -months of remediation operations, preparation of required reporting, and site closure measures
including well demolition and removal not included in the original project scope; and
WHEREAS, it is recommended that the City execute an Amendment to a Professional
Services Agreement (PSA) with Edd Clark & Associates for groundwater remediation services in
order to continue remediation efforts for site closure and to satisfy state requirements; and
WHEREAS, the FY 19/20 CIP Budget is not sufficient to complete the project.
Resolution No. 2020-024 N.C.S. Page 1
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
1. Authorizes the City Manager to sign the attached Amendment to Professional
Services Agreement for specialized environmental services with Edd Clark &
Associates, Inc. (EC&A) of Rohnert Park for the 301 Payran UST Site Remediation
Project in the amount not to exceed $655,562.80.
2. Authorizes a revised budget for the Payran UST CIP Project number el 6082012 as
summarized in the table contained in the "Financial Impacts" section of the
accompanying memorandum.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the / 'A proved as to
Council of the City of Petaluma at a Regular meeting on the 24th day of February form:
2020, by the following vote:
Cityl orney
AYES: Mayor Barrett; Vice Mayor Fischer; Healy; Kearney; King; McDonnell; Miller
NOES:
None
ABSENT:
None
ABSTAIN:
None
ATTEST:
&alk L)
City Clerk
Resolution No. 2020-024 N.C.S.
Mayor
Page 2
Exhibit A to Resolution
AMENDMENT NO.2
TO PROFESSIONAL SERVICES AGREEMENT I+OiR.
Remediation and Groundwater Monitoring Services for 301 Payran Street
THE AGREEMENT entered into and effective as of August 25, 2016, by and between the City
of Petaluma, a municipal corporation and a charter city (hereinafter referred to as "City") and
Edd Clark & Associates, Inc. (hereinafter referred to as "Consultant") is hereby amended as
follows:
(Please check applicable boxes and complete Highlighted areas below):
[ l SCOPE
The following sentence is added to the end of Section 1, "Services":
In addition to the services described in Exhibit A, Consultant shall provide the additional
services described in Exhibit A- (name of exhibit) attached hereto.
[X ] COST
The "Not -to -Exceed Amount" specified in Section 2.A is amended as follows:
Original Agreement Amount $506,152,80
Amendment No. (list amendment number) $149,409.00
Total Not -to -Exceed Amount $655,561.80
[l TERM
The term of this Agreement commences on the Effective Date, and terminates on
December 31, 2020, unless sooner terminated in accordance with Section 3. Upon
termination, any and all of the City's documents or materials provided to Consultant and
any and all of the documents or materials prepared for City or relating to the performance
of the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
[ l SECTION 18(D)
Consultant agrees to waive subrogation rights for commercial general liability, automobile
liability and worker's compensation against City regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in any
way with the Services to do likewise.
It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirement and/or
limits shall be available to the additional insured, furthermore, the requirement for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
Resolution No. 2020-024 N.C.S. Page 3
The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and non-contributory basis for the benefit of
the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be
called upon to protect it as a named insured.
IN WITNESS WHEREOF, the parties hereto have executed this document the day of
, 20
CITY OF PETALUMA CONSULTANT
City Manager
A'TTBST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By
t / Signature
�]C-4�i,5.1nt�.1G1
Name and Title
�' 0. fox yµ3
Address
}�06ea 0144K (A qqq)-77
City State Zip
Taxpayer I.D. Number
L' 09 0)1980
Petaluma Business Tax Certificate Number
Resolution No. 2020-024 N.C.S. Page 4