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HomeMy WebLinkAbout2009-245 CONT AMND #1 - Brown & Caldwell PERSONAL SERVICES CONTRACT AMENDMENT NO.1 Engineering services contract made on the date specified below in Recital A between the City and Engineer as follows: Recitals: A. The following information applies to this contract: CITY: CITY OF ASHLAND Consultant: BROWN & CALDWELL Address: City Hall Address: 201 N CIVIC DR STE 115 20 E, Main St. WALNUT CREEK CA 94596-3864 Ashland, OR 97520 PHONE: (925) 937-9010 PHONE: (541) 488-5347 FAX: (541') 488-6006 FAX: (925) 937-9026 Date of this agreement: B: RFP Date: MARCH 6, 2009 NOVEMBER ,2009 Proposal date: APRIL 10, 2009 'i]2.3 City Contracting Officer: Michael R. Faught, Director of Public Works 'i]2.4. Project: Lithia Springs Ecological Risk Assessment 'i]6.1. Engineer's Representative: Kenn Conner PE, Department Manager 'i]8.3. Maximum Contract Amount: $64,050.00 B. AMENDMENT NO.1 1. Modification to "Services to be provided" Add conduct Soli and Groundwater Investigation - per attached proposal and cost estimate dated November 6, 2009 and made a part of this addendum 2. Modification to "Compensation" A Original Contract Amount = B. Add cost of extra work AMD 1 = C. Adjusted total contract amount = $43,972.00 $20,078.00 $64,050.00 CONSULTANT BY (L~ f Fed. ID # Cf4 --- /44 c:, 34b CITY BY ~:J, d'-a=- Finance Director REVEIWED AS TO CONTENT BY ~~~.Q....~L City Department Head Date: D<"c. 2? I 2-00'" Coding: (for City use only) C:\Documents and Settlngs\kconner\Local Settings\Temporary Internet Files\OLK22\09.07 Contract Amend 1_ 10 20 09.doc BROWN ,\'ll CALDWELL 20l ~()rth Civic (Jrive. Suite lIS \l',dnut Creek, C;llifnmi:1 ')45')6-JH64 Tel; 925.9,,7.l)OlO Fax; 925.9,,7.0026 ""....vw.nmwnandc:llJwelJ.e"m November 6. 2009 ~fr. .Mike l\.lorrison Project and Facilities J\..fanager City of Ashland 20 East Main Street Ashland, Oregon 97520 051271.003.001 Subject: Proposal and Agreement to Conduct Preliminary Investigation of Lithia Springs Property, 555 Emigrant Creek Road, Ashland, Oregon Dear Mr..l\.-forrison: Brown and Caldwell (BC) has prepared this proposal for the City of Ashiand (City) to conduct a preliminary soil and groundwater investigation of the Iithia Springs Property. The activities proposed below are based on the findings of Be's "Levell Scoping Study Ecological Risk Assessment" dated July 17, 2009. These activities are BC's best estimate of the minimum sampling necessary to achieve two goals: 1. l\.{eet the minimum data requirements necessary to complete a Level II Ecological Risk Screening. 2. Begin identifying the horizontal and vertical extent of potential future cleanup actions. The investigation activities proposed below are based on BC's recommendations presented in the Levell Scope Study and subsequent discussions between BC and the City, including the October 13, 2009, meeting held between BC and the City. Background The City currently owns three adjacent parcels at 555 Emigrant Creek Road, Ashland, Oregon (Site). This iand is collectively known as the "Lithia Springs Property." BC recently performed a Level [ Scoping Study Ecologicai Risk Assessment and identified the presence of potential areas of environmental concern and associated contaminants due to current and historical Site activities. Given the findings of this study, BC understands that the City is seeking assistance in evaluating whether these activities have resulted in chemical concentrations that warrant mitigation measures. Completing the Level II Ecological Risk Screening will answer this question, although it should be noted that some additional refinements may be needed in the future before mitigation can begin, Proposed Scope of Work BC's proposed scope of work includes collecting soil, grab groundwater, sediment and stream water samples from the potential areas of environmental concern identified for the Site. BC's proposed activities are designed to be a preliminary assessment to answer the following questions: 1. Are contaminants of concern (COCs) actually present at concentrations that would be of concern in the Level [I Ecological Risk Screening? 2. If COCs are present, hO\\' are they generally distributed - horizontally and vertically? F 1/ ,. i r () II JJJ e !1 I (/ I L 1/ .!( i II {' {' r J c" C () If .> II / I tl 11 I J .\lr. ,\lol7ison i,'fJ/WIIINr 6, 2009 P'{ge2 Be has designed this assessment based on the information gathered during the Len:l [ Scoping Study and through discussions with the City. The results of this assessment will be incorporated into a Level Il Ecological Risk Screening for submittal by the Oregon Department of Environmental Quality (ODEQ). It should be noted that ODEQ's review of the Levei II Ecological Screening may result in a reyuest for additional sampling in the future, either to address data-gaps identified by OQEQ or to desi!:,Tfl mitigation measures. Scope of Work BC's proposed scope of work includes the following two tasks: Task 1. Field Investigation Three potential areas of environmental concern were identified that warrant a preliminary investigation. Table 1 summarizes these potential areas of environmental concern and provides recommended investigation strategies. Figure 1 shows the location of each potential area of concern. . Table 1. Field Investigation Strategy for Potential Areas of Environmental Concern Potential Area." :0(-:- . Environmentili" Concern Skeet Shooting Range Shooting Range Berms Emigrant Creek Proposed Sampling Excavate a trench in the middle of the range and collect two surface soil samples (i.e" 3 inches below ground surface [bgsJ) and one soil sample from a deplh of 1,5 feet bgs. After collecting the soil samples, pothole the trench deeper to collect one grab groundwater sample. This trench is anticipated to extend no greater than 10 feet long and dug to first. encountered groundwater or the maximum depth of which the backhoe is capable, whichever occurs first. Scan all berms using an XRF field meter. The XRF field screening will include removing large bullet fragments using a sieve prior to measurement. This will provide real-time results that can be immediately incorporated and further assessed. Following the XRF scan, one soil sample will be collected from each of the five bermed areas (five samples total) from the location within each respective berm that reported the greatest XRF reading, Collect one surface water and one sediment sample at the upstream Site boundary and the downstream Site boundary. , Proposed Analyses Rationale PAHs and metals Area contains lead shot and remnants of clay targets PAHs (one sample only) and metals lall five samples) Area contains bullet fragments Metals, VOCs, SVOCs and TPH for gasoline/diesel/I ube/oil Creek receives surface water runoff from Site. Notes: PAHs = polynucfear aromatic hydrocarbons: analyzed using Un/led States Environmental Protection Agency (USEPA) Method 8270 Metals = arsenic. antimony, chromium. cobalt, copper, lead. iron, nickel. tin and zinc; analyzed using USEPA Method 6010 VOCs = volatile organic compounds: analyzed using USEPA Method 8260 SVOCs = semi-volatile organic compounds (SVOCs): analyzed using USEPA Method 8270 Gasoline -" analyzed using the Nonhwcst Total Petroleum Hydrocarbon Gasoline Range Method (NWTPH.Gx) established by the OOEO Oiesel/lubeloil = analyzed using the NWTPH DieseVLube Oil Range (NWTPH-Ox) Method established by the ODEO XRF = x-ray Huorescence bgs = below ground surface Mr. ,\1rmison J\"o/'t'fll/Jrr6.1V09 P/(gr} This task also involv:s the following activities required to per,form the investigation: . Prepare a site-specific health and safety plan in accordance with Title 29 of the Code of Federal Rebrulations, Part 1910.120 . Subcontract with an Oregon-licensed analytical laboratory . Procure the field equipment and supplies necessary to conduct the groundwater monitoring event . Notify the Oregon Utility Notification Center of the pending excavation activities . Identify the sampling locations with a representative of the City to determine if there is' the potential presence of subsurface utilities or obstacles that could be damaged or obstruct the drilling activities Each sample will be collected following BC's established environmental sample collection and handling standard operating procedures. The samples will be placed in an, acceptable container, properly labeled, placed into resealable plastic bags. stored in a cooler containing ice, and transported under chain-of-custody documentation to an Oregon-certified analytical laboratory. Task 2. Reporting and Project Management BC will prepare a brief letter report that documents the results of the preliminary site investigation. This report will include a narrative summary of the field activities, tabulated analytical data, sample location maps and copies of the analytical laboratory reports. BC will assess the reported analytical results using the Level II Screening Level Values established by ODEQ in its "Guidance for Ecological Risk Assessment" dated December 2001, and the risk- based concentrations established by ODEQ in its "Final Pre-Calculated Hot Spot Look-Up Tables" dated "lay 31, 2005. BC will incorporate this report into the Le\'el II Ecological Risk Screening, and \vill use it to identify any complete pathway that could result in significant ecological risk concerns. This task also includes time for BC to conduct project management responsibilities including budget tracking, invoicing, project staff coordination and communications with the City, Assumptions BC has incorporated the follo\\l1ng assumptions into the proposed scope of \'lork: . The City will close the Site for the four days necessary to complete the field investigation activities. . The City will provide the excavator and operator required for the sampling activities. . Identifying the field locations is anticipated to be completed on the afternoon of Be's arrival to the Site. . Performing the XRF survey is anticipated to take one day to complete. . The excavation/trenching/potholing and subsequent soil sampling activities area anticipated to take no more than t\\'o days to complete. . BC anticipates providing one staff scientist to perform the field investibTCltion activities. A second, senior BC engineer will accompany the BC staff scientist on the first and second day of the field activities at no cost to the City. . No permits are required for the sampling activities and, therefore, no allowances ha\'c been made for permits. Mr.,\fornJ(!IJ ;\'om1l/;,r 6, 2009 I'({~r ./. BC anticipates two days of travel (one day to tra\'el to the Site and one day to return to the BC office). The first da)' of rravel wiil be combined wirh the field identification of the sampling locadons. BC has included field personnel' per diems for food and lodging based on available reasonable rates in the Ashland, Oregon, vicinity during the season that the field work takes piace. . The sampling activities will not generate investigation-derived waste that requires off-site disposal. Rather, the excavated soil will be stockpiled adjacent to the respective trenches/ pothoies. . The sam pies will be anal)'zed using the laboratory's standard 10-da)' turnaround time, except for dioxins/ furans that have a standard IS-day turnaround time. . The costs associated with the analytical laboratory includes the following analyses: . I\letals: 10 soil samples; 3 water samples . VOCs: 2 soil samples; 2 water samples . SVOCs: 2 soil samples; 2 water samples . PAHs: 4 soil samples; 1 water sample . N\VTPH-Gx: 2 soil samples; 2 water samples . NWTPH-Dx: 2 soil samples; 2 water samples . Registering the XRF field meter with the State of Oregon will not be required. . . Schedule BC will commence with the proposed scope of work upon receiving the signed agreement from the City. BC anticipates requiring up to four weeks for procuring the field equipment and scheduling the field work. Field activities are estimated to require up to three days to complete, including travel time. BC will prepare and submit to the City the draft report four weeks following the receipt of the analytical results, or approximately 10 to 12 weeks following the initial authorization. Estimate of Costs Be proposes to perform the above scope of work on a time and materials basis using a 3.5 labor multiplier, $6/hour associated project fee to cover Be's direct expenses (e.g., telephone, computer programs and hardware, and report reproduction), and BC's standard 10 percent markup on subcontracted services (i.e., analytical laboratory). The estimated cost for the proposed scope of work is $20,078, which includes $14,172 for Task I ($6.444 as BC labor and $7,728 as subcontracted services and outside expenses) and $5,906 for Task 2. Note that these costs afe only estimates, and that the scope of services for this project may change from our initial estimate based upon the actual conditions encountered and unforeseen circumstances. Changes in scope and corresponding changes in budget will be negotiated to mutual agreement. The total project fee will not be exceeded without prior appnl\'al. ,\lr,,.\lrmi.rr)ff ;\'ril'l'/!//JI'r {}, 2009 P,~~I' 5 Terms and Conditions BC proposes to conduct this work in accordance with the attached Environmental Services Terms and Conditions. For your convenience, this proposal is presented in a form that can be accepted as an Agreement between the City and Be. To accept this proposal, please sign and date below and return one fully executed copy to Be. Be appreciates the opportunity to continue providing the City with environmental consulting services related to the Lithia Springs Property. Should you have any questions regarding this proposal, please contact Kenn Conner at 925.210.2203 or Don Trueblood at 925.210.2281. Very truly yours, BROWN AND CALDWELL , The undersigned agrees to the Scope of Work specified in this Agreement CITY OF ASHLAND, OREGON Signature: Kenn Conner, PE Manager, Environmental Services Printed Name: ~ Title: Date: Jason Grant, PE Project l\Ianager JG:jmv cc: Don Trueblood, Brown and Caldwell Jim Olson, City of l\shland Attachments (2) 1. Em'ironmental Services Terms and Conditions 2. FibTtlre 1. Potential Areas of Environmental Concern Brown and Caldwell/ Client Environmental Services Terms and Conditions I. SCOPE HrO\vn and Caldwell (BC) :lb>1'ces to perform the seryices described in the proposal or scope of work attached hereto which incorporates these terms and conditions. Unless modified in writing by the parties hereto, the duties of Be shall not be construed to exceed those services specifically set forth in the proposal. These terms and conditions and the proposal, when executed by Client, shall constitute a binding agreement on both parties (hereinafter the "Agreement"). II. COMPENSATION Client :lh'Tces to pay for the services provided for in Article I in accordance with the compensation provisions in the proposal. Payment to Be will be made within 30 days of the date of billing. Interest on the unpaid balance will accrue beginning on the 31 st day at the maximum interest rate permitted by law. Time~related charges will be billed as specified in the proposal. Direct expenses and subcontracted sen'ices will be billed in accordance with Be's proposal or compensation exhibit attached to this Agreement. Otherv.'ise, Be's standard billing rates shall apply. In the event any uncontested portions of any invoice are not paid within 30 days of the date of Consultant's invoice, Consultant shall have the right to suspend work per Article XVII, Suspension of\X'ork. III. RESPONSIBILITY STANDARD OF CARE. BC is employed to render a professional service only, and any payments made by Client are compensation solely for such senrices rendered and recommendations made in carrying out the work. BC shall perform the services in accordance with generally accepted engineering standards and practices in effect at the time the senrices are rendered. BC does not expressly or impliedly warrant or guarantee its sen'ices. RELIANCE UPON INFORMATION PROVIDED BY OTHERS. If BC's performance of sen.ices hereunder reyuires BC to rely on information provided by other parties (excepting BC's subcontractors), BC shall not independendy verify the \'alielit}', completeness or accuracy of such information unless othef\\.;se expressly en!,>nged to do so in writing by Client. IV. ACTIVITIES REQUIRED OF CLIENT Client shall appoint a representative who shall have complete authority to transmit instructions, receive information and interpret and detine Client's policies with respect to the \vork to be performed. BC shall be entitled to rei}' on representations made by Client's representative. Client agrees to perform the following: I. Provide access to site, including coordination with any tenants for access to. sampling locations. 2. Pn:n'ide all readily available information on past history and operati~ms at the site. 3. Prm'ide all available and known information on the n:lturc of contaminants likely to be found on (he property, including any analyucal rtporcs on soils or grounthvater. 4. Provide information on locations of :lilY known underground tanks, pipes, :lnd utilities for the site. 5. Execute aU regulatory paperwork required as pan of the services performed, i.e., manifests and waste characterization. 6. Arrange for or directly dispose of all contaminated materials, including drilling cuttings, groundwater, or soil. V. INDEMNIFICATION INDEMNIFICATION BY BC. Any other provision of this Af,rreement notwithstanding, BC agrees to . indemnify and hold Client harmless from liabiliry to the extent arising out of the negligent errors or omissions of BC, its agents, employees, officers, directors, or representatives in the performance of BC's duties under this Agreement. To the fullest extent permitted by law, BC's liability shall be limited to the actual loss sustained, but in no event shall it exceed SSG,Ooo or the amount of BC's fees hereunder, whichever is greater, rq,>nrdless of the legal theory under which such liability is imposed. Such negligence shall be measured by standards in effect at the time services are rendered, not by later standards. Regardless of any ocher term of this Agreement, in no event shall either parry be responsible or liable to the other for any incidental, consequential or other indirect damages. INDEMNIFICATION BY CLIENT FOR PREEXISTING CONDITIONS. Client acknowledges that BC will perform part of the work at facilities that. may contain hazardous materials or pollution conditions ("Preexisting Conditions"), and that BC had no prior role in the generation, treatment, storage, or disposition of such materials or conditions. In consideration of the associated risks that may give rise to claims by third parties or employees of Client, Client will indemnify, defend, and hold BC harmless (including attorneys' fees and other legal expenses) from any and all losses, damages, claims or actions brought by any third party or employee of Client against BC or BC's employees, agents, ofticers, and directors that result from or are attributable to such Preexisting Conditions. Client's responsibility under this provision, however, shall not apply to the extent claims are shown by final judgment to ha\'e arisen out of BC's negligence or willful misconduct. VI. DISPOSAL OF WASTE MATERIALS Client will remain responsible as the gentrator of record for the disposal of contaminated and other waste materials generated by Consultant on Client's site. Accordingly, Client shall sign all regulatory paperwork, including waste manifests or bills of lading. In the event Client is not able to directly arrange for the disposal of contaminated materials as referenced under l\rticle IV.6, Client authorizes Be to hire, on behalf of and as agent of Client, subcontractors to transport and dispose of contaminated or other waste materials generated from Client's site(s). CL-ES-TC (Rev. 120106) Page 1 of3 Btown and Caldwell/ Client Environmental Services Terms and Conditions (cont.) It is understood and agreed that Be shall not be deemed to be, and is not responsible as a generator, operator, transporter, arranger or other "person" as described in Section 107(3) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), as amended, or Section 7002 of the Resource Conservation and Reco\'cry Act (RCR..t\), or applicable state or local laws. Rather, Be acts at the direction of Client solely as its agent to arrange for the transportation, treatment, or disposal of the contaminated materials generated from Client's site(s). VII. INSURANCE Be shall maintain during the life of the Agreement the following minimum insurance: 1. Commercial vcneral liability insurance, including personal injury liability, blanket contractual liability and broad form property damage liability. The limit shall be not less than S 1 ,000.000, 2. Automobile bodily iniutY and property damare li.ab.i.lin: insurance with a limit of not less than S 1 ,000.000. 3. SrarutotY workers' compensation and emplo~'ers' li.ab.i.lin: insurance as required by state law. 4. Professional Liahili~' includinr contractor's pollution li.ab.i.lin:, with policy li!TIits of not less than S 1 ,000,000. Client shall be named as additional insured on polices I and 2 above. Upon request, a certificate of insurance will be provided to Client with a 3D-day written notice in the event the above policies are cancelled. VIII. SUBCONTRACTS BC shall be entitled, to the extent determined appropriate by BC, w subcontract any portion of the work w be performed under this Agreement. IX. ASSIGNMENT If the authorized scope of work includes construction activities or the oversight of construction, BC may, at its discretion and upon notice to Client, assign all of its contractual rights and obli.L:,rations with respect to such activities to Brown and Caldwell Constructors, its wholly owned affiliate. If the authorized scope of work reCjuires professional services co be performed in a jurisdiction in which BC renders professional services solely through a locally registered engineering affiliate for purposes of compliance with professional licensing reljuiremems in that jurisdiction, BC may, in its discretion, upon notice co Client, assign its conrracrual rights and obligations with respect to such services to such locally registered en.L,rineering affiliate. X. INTEGRATION These terms and conditions and the proposal co which they are attached represent the entire understanding of Client and BC as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. The A/-,'l'ccmcnt may not be modified or altered except in \vriting- signed by borh parties, provided further that any terms and conditions in any Task Order or purchase order issued in connection or under the AbJTeemcnt . which arc inconsistent with the Agreement are deemed null and void. XI. CHOICE OF LAW IJURISDICTION This l\greement shall be administered and interpreted under the laws of the state in which the BC office responsible for the project is located. Jurisdiction of litigation arising from the A,L,JTcemem shall be in that state. XII. SEVERABILITY If any part of the Abrreement is found unenforceable under applicable laws, such part shall be inoperative, null and void insofar as it is in contlict with said laws, but the remainder of the Agreement shall be in full force and effect. XIII. CONFIDENTIALITY BC agrees it will maintain the confidentiality of material it receives from Client which Client has clearly identified as "Confidential" and 'will not disclose, distribtite, or publish to any third party such confidential information without the prior permission of Client. Not\\;thstanding the fore,6roing, BC shall have no confidentiality obligation with respect to information that: 1) becomes generally available to the public other than as a result of disclosure by BC or its agents or employees; 2) was available to BC on a non~confidential basis prior to its disclosure by Client; 3) becomes available to BC from a third part}' who is not, to the knowledge of BC, bound to retain such information in contidence. In the event BC is compelled by, subpoena, court order, or administrative order to disclose any confidential information, BC shall promptly notify Client and shall cooperate with Client prior to disclosure sO that Client may . take necessary actions to protect such confidential information from disclosure. XIV. FORCE MAJEURE BC shall not be responsible for delays in performing the .'icope of services that may result from causes beyond the reasonable control or contemplation of Be. BC will take reasonable steps to miti,L,>ate the impact of any force majeure. XV. NO BENEFIT FOR THIRD PARTIES The services to be performed by BC hereunder are intended solely for the benefit of Client, and no right nor benefit is conferred on, nor any contractual relationship intended or established with any person or entity not a party to this Agreemertt. No such person or emity shall be entitled to rely on Be's performance of its setyices hereunder. XVI. WORK PRODUCT BC and (:licnt recognize that the scope of sen'lces performed hereunder has been authorized by the Client and that any work product generated by BC is intended solcly for Cliem's bcnetit and use and may not be relied upon or reused by any third parry wid10ut Be's prior CL-ES-TC (Rev. 120106) Page 2 on Brown and Caldwell/Client Environmental Services Terms and Conditions (cont.) written consent. BC's work product shall become the property of Client \\.'111:0 Be has been fully compensated as set forth herein. Be may keep copies of all work product for its records. XVII. SUSPENSION OF WORK Work under this Agreement may be suspended as follows: 1. By Client. By written notice to Be, Client may suspend all or a portion of the \'{'ork under this Agreement if unforeseen circumstances beyond Client's comrol make normal progress of the \Vork impracticable. Be shall be compensated for its reasonable expenses resulting from such suspension including mobilization and de-mobilization. If suspension is greater than 30 days, then Be shall have the right to terminate this Agreement in accorda'nce with Article XVII, Termination ofWark. 2. ~. By written notice to Client, BC may suspend the Work if BC reasonably determines that working conditiom at the Site (outside BC's control) are unsafe, or in violation of applicable laws, or in the event Client has not made timely payment in accordance with Article II, Compensation, or for other circumstances not caused by Be that "are interfering with the normal pro!-,l"fess of the Work. BC's suspension of \X'ork hereunder shall be without prejudice to anr other remedy of BC at law or equity. XVIII. TERMINATION OF WORK This Agreement may be terminated as follows: 1. By Client (a) for its convenience on 30 days' notice to BC, or (b) for cause, if BC materially breaches this A!-,71'cement through no fault of Client and BC neither cures such material breach nor makes reasonable progress toward cure within 15 days after Client has h>1ven written notice of the alleged breach wBe. 2. .Ib:....D.C (a) for its convenience on 30 days' notice to Client, or (b) for cause, if Client materially breaches this Agreement through no fault of BC and Client neither cures such material breach nor makes reasonable progress coward cure within 15 days after BC has given wriw.:n notice of the alleged breach to Client, or (c) upon five days' notice if work under this Agreement has been suspended by either Client or Be in the a~l"feh~te for more than 30 days. In the event of termination, Be shall perform such additional work as is reasonably necessary for the orderly closing of the \'(lork. Be shall be compensated for all work performed prior to the effective date of termination, plus work required for the orderly closing of the \'\'ork. CL-ES-TC (Rev. 120106) Page 301'3 if ,,,,,,,'. c: .. Ql U c: o U III ... c: Ql E c: o .. '> c: w ... o In III e c( 'iii '-= c: Ql ... o ll. ... Ql .. ::::I Cl u:: Q. ~ ::; m ~ " ~ u ~ o (j) CITY OF ASHLAND Council Communication Approval of an Amendment to the Lithia Sprin~s Ecolo~ical Assessment Contract Meeting Date: December I, 2009 Primary Staff Contact: James Olson, 552-2412 Department: Public Works E-Mail: olsonj(a)ashland.or.us Secondary Dept.: Finance Secondary Contact: Michael R. Faught Approval: Martha Bennett Estimated Time: Consent Agenda Question: Will the Council approve a $20,078 amendment to the existing Brown and Caldwell contract to provide additional soil and water sampling and testing at the Lithia Springs site? , Staff Recommendation: Staff recommends approval of a $20,078 amendment to the existing Brown and Caldwell contract to provide additional soil and water sampling and testing at the Lithia Springs site. Background: Executive Summary On May 19, 2009 the Council approved a $43,972.00 contract with Brown and Caldwell (B&C) to conduct ah ecological risk assessment of a 33 acre portion of the Lithia Springs property located on Emigrant Creek Road and commonly referred to as the Gun Club. The B&C contract included a Level I Scoping Study to be followed by a Level II Screening Study ifit was indicated by the Level I study. The third element of the contract was to develop Best Management Practices (BMP' s) for the operation of the shooting ranges. The Level I study has been completed which indicated the need for a Level II Screening Study along with the need to conduct specific soil and ground water sampling and testing. This soil and ground water sampling and testing was not included in the original contract price thus a contract amendment is required to fund this additional work. Historv The Ashland Gun Club (AGC) currently leases 33 acres of the City-owned Lithia Springs property. The gun range has been in operation since the early 1970s and operates under the terms and conditions of a lease that was previously managed by the Parks Department. The lease is up for renewal and Council has asked that the site be assessed for possible adverse affects due to lead deposits and previous commercial ventures. In addition, staff was asked to identify Best Management Practices (BMP) for lead control for possible inclusion in the new lease. Contract The original contract held by B&C was the result of a Request for Proposal which was advertised on March 6 of this year. ,In response to the City's request, five proposals were received and B&C was ultimately chosen as the best responder. The contract was awarded by the Council on May 19,2009. G:\pub-wrks\eng\09-07 Gun Club Environmental\A_Admin\Cons Vendorl\CC B&C Contract Amendment 12 1 09.doc Page I of2 !FA 11 CITY OF ASHLAND The original contract included costs for the following elements: L Level I Scoping Study $8,814.00. 2. Level II Screening Study (if required) $32,082.00 3. Development of the Best Management Practices $3,076.00 Total $43,972.00 The Level I study indicated the need for further study (Level II Screening Study) including soil and ground water testing which was not in the original proposal. B&C's first proposal for the testing and sampling was over $85,000; however, Staff was able to successfully negotiate the price down to a more reasonable cost of $20,078. Much of the savings was attributed to the elimination of a drill rig to collect samples. In place ofthe drill, a City backhoe will be used to dig pits for soil and water sampling. The contract is proposed to be amended as follows: Original Contract Amount $43,972.00 Contract Amendment No. I $20.078.00 Adjust Contract Total $64,050.00 ' The completed risk assessment will ultimately be submitted to DEQ for review and acceptance. The hoped for outcome will be that DEQ will issue an order of "no further action required" on the site. It is, however, possible that DEQ may require additional actions which might include additional testing and sampling, the installation of monitoring wells or other actions beyond the scope ofB&C's contract. If this occurs, a second contract amendment may be required. Related City Policies: AMC Section 2.52.050 requires that the Council approve all contract amendments in excess of25% of the initial contract. In this instance the amendment to the B&C contract represents a 46% increase. The proposal meets all other requirements of AMC 2.52.' ' Council Options: · Council may approve the attached $20,078 Contract Amendment No. I to the Brown and Caldwell contract; · Council may suggest revision to the proposed scope of services to further reduce the cost; · Council may reject Contract Amendment No. I. Potential Motions: · Move to approve the attached $20,078 Contract Amendment No I to the existing Brown and Caldwell contract; · Move to further modify the contract or proposal; · Move to reject the attached $20,078 Contract Amendment No. ,I to the existing Brown and Caldwell contract. Attachments: , Contract Amendment No. I Brown and Caldwell Proposal of November 6, 2009 Vicinity Map G:\pub-wrks\eng\09-07 Gun Club Environmental\A_Admin\Cons Vendorl)CC B&C Contract Amendment 12 1 09.doc Page 2 of2 ....... cr. . hcCORDER Page 1/1 r~' CITY OF ASHLAND 20 E MAIN ST. ASHLAND, OR 97520 (541) 488.5300 ~'~_'f'.:;';"::88A1!E~~_,:':,j :>1 F~~R01NtJJMBERi':i~~ 7/1/2009 08981 VENDOR: 008217 BROWN & CALDWELL PO BOX 45208 SAN FRANCISCO, CA 94145-0208 SHIP TO: Ashland Public Works (541) 488-5587 51 WINBURN WAY ASHLAND, OR 97520 FOB Point: Tenn.: Net Req. Del. Date: Speciallnst: Req. No.: Dep!.: ENGINEERING Contact: Mike Faught Confirming? No ~uant~1#. [Iur{it~~ ~NJ~?1f(':~.~~~~':',::)[;~t~~~~[f~5esCfi6tlormM;8f;-:~~~{:(,~-;!Yr:~1t':~;Z1~J1W;?{~i~~ t?~iUnitrF!1iCe&:r] [IKt;jEXt'iilBriCE;~jj THIS IS A REVISED PURCHASE ORDER Perform an ecologicai risk assessment of Lithia Springs Property - LEVEL I - Scoping Study LEVEL II - Screening Study (If required) RFP - Contract start date: 06/01/2009, Completion date: 06/30/2010, Insurance requiredlOn file, Approved by City Council on 05/19/2009 Processed change order 12/04/2009, Change Order No. 1 - Approved by City Council 12/01/2009, Additional soil and water sampling and testing at the Lithia Springs site. 11,890.00 32,082.00 20,078.00 31LL TO: Account Payable 20 EAST MAIN ST 541-552-2028 ASHLAND, OR 97520 SUBTOTAL TAX FREIGHT TOTAL 64 050.00 0.00 0.00 64,050.00 _g-cCoijnilNUiii~ ~~1OjectlNllirlDer;)?~:,':3j ;';'<?~1'A'inount'*;~~~:~ ~:j?AccountlNumb"'erribl1 r!ft~:iP.rojectrNumbe~Y; ~~""molini" E 260.08.12.00.70420 E 200907.100 64 050.00 #.. ~ .~ ~ /~~/ Autho#tfed Signature VENDOR COPY CITY OF ASHLAND I FORM #12 I L_..:..._,,,....~. ~..._.\..._..'_... ,.- _..__~-.,,-.,~_:. ',._', ...-,'1 PriE'RS'Q'N~1i. ,SER~I;GES L- ----'".- - ~__~..:..o",;::."~_,_",,,_, ~.' ~:.. "~;..<..,,. ''''''' -- ,..-' .' . =1-__.- -",4 CHANGE ORDER/CONTRACT AMENDMENT APPROVAL REQUEST FORM C()ritiia(:tvAmendirienf.Sf()rcCPERSON~I:.. 51: Rv,icES $ C(g)cf77.~ /~a: , Original contract amount Total amount of previous contract amendments ~ Amount of this contract amendment % of original contract './7 (; , % of original contract $ b ~~ ~ cJ . CJ---i) I ,v7', b % of original contract P-c::} c;'? "? i7. C' d TOTAL AMOUNT OF CONTRACT Is the total aggregate cost change for the Personal Services contract less than or equal to 2511.1 of the original contract amount? YES_NO ~PPlicable_ If "No", City Council approval is required, City Council approval was received on /:p - cP / - cP 1} (Date) , / Are there any applicable performance or payment bonds and insurance coverages . that need to be adjusted to account for the change in the contract amount? YES _ NO ~ Not Applicable_ Contract amendments for personal services are subject to the following conditions: The original contract imposes binding obligation on the parties covering the terms and conditions regarding changes in the work; or the amended contract does not substantially alter the scope or nature of the project. Has either of these conditions been l1)et? ./'/ YES~ NO_ N/A If "NO", Council approval is required. Council approval received on (Date) Was the original contract approved by the City Council, or is it exempt? "7 YES (Approved by Council) (Date) NO (Exempt/Not Required) (Reason for exemption) Comments I Additional Information: Prepared by: (f2.&________ Please circle: -pt r~ 4 -L...".-,,/ ' /';;:z -?J c/.-cP Date: ~d) Not Approved Le~erf' ~ 12--/ y.- / tJ./ , Department: Date: Form #11 - Contract Amendment Approval Reque t Form - PERSONAL SERViCES, Page 1 of 1, 12/4/2009 CITY OF ASHLAND A request fora Purchase Order REQUISTION FORM THIS IS A REQUEST FOR A: Required Date of Delivery/Service: [X ] Change Order (existing PO #8981) Vendor Name: Address: City, State, lip Phone: Project Title: Project Number: Brown and Caldwell 201 N Civic Drive, Suite 115 Walnut Creek CA 94596-3864 925931- 9'1:>/0 Lithia Springs Ecological Risk Assessment 2009-07 Services Only Solicitation Process: I ] Exempt [ J 3 Written Quotes (copies attached) [ J Sole Source {X I Invitation 10 Bid (copies on . file) [ ] Less than $5000 [ I ,Request for Proposal (copies onfl1e) Description Total Cost Change Order No.1 (Council approved 12/1/09) fr~l~~i:f-:(:{~l55616~~8:;k:~;Nri-~;di~~1:+!I.! Account Number 260.08.12.00.704200 Employee Signature: NOTE: By signing 'PI,,,, 'It~'h th, Orlgl," ,Ig"" ",,",,/ "d /,,"""" C'rlllfc'~' 1 Supervisorl Dept. Head Signature: ~~\L::h _ ~ , I certify tha the above request meets with Ctiy of Ashland Solicit/alion Process requirements and can be provided when necessary. G:Pubwrks\Eng\DeptAdmin\En9ineet\ProjeCI\99-38 Scl1edule A Change OrderslB&C Change order Requisition 12 209.xls Updaledon: 10113103