STAFF REPORT DATE: March 17, 2015 TO: City Council FROM: Stan Gryczko, Assistant Public Works Director Robert A. Clarke, Public Works Director SUBJECT: Amendment No. 2 to Consultant Agreement with West Yost Associates for Groundwater Water Quality and Analysis Recommendation Approve the attached Resolution approving and authorizing the City Manager to execute Amendment 2 to the consultant agreement with West Yost Associates to provide engineering services to complete installation of groundwater monitoring wells and associated well installation reports. Fiscal Impact The fiscal impact of this amendment is $20,000 which includes a 10% contingency. Funds are budgeted in FY 14/15 as part of Wastewater Program 7320 (Utility Resource Management). Council Goals This effort supports the City Council goals to; • Maintain and improve the infrastructure. • Conserve natural resources and protect the environment. Background and Analysis The request for additional funds is to complete the installation of monitoring wells, and associated well installation reports, to allow the City to assess existing background water quality in the region surrounding the Wastewater Plant (WWTP). This monitoring and analysis is required by the existing WWTP discharge permit. In May 2009, the City Council authorized an Agreement with West Yost Associates to 1) Evaluate agricultural use of treated wastewater on area lands and 2) Prepare a groundwater quality report. These efforts were required as part of an agreement with the Regional Board (Board) to approve a two year extension to the final compliance date for new facility upgrades. In July 2010, staff presented information to Council detailing why re-use on agricultural land in close proximity to the WWTP was not a feasible long-term solution for treated wastewater disposal. Council agreed with the staff recommendation to no longer pursue this option, due to cost and resistance to use of treated wastewater. Staff informed the Board of this decision in September 2010. Additionally, the Board was informed that a background water quality report would require the installation of monitoring wells off-site and additional time would be required for this effort. Based on this information the WWTP discharge permit was amended to include 03-17-15 City Council Meeting 05D - 1 additional time to prepare a work plan, monitor the groundwater, and prepare a water quality report. Based on these new requirements, Council approved Amendment 1 to the original Agreement in October 2010. In November 2011, a Wastewater Treatment Plant Background Monitoring Well Installation Work Plan was submitted to the Regional Board. The work plan required monitoring wells offsite in order to properly assess the quality of existing groundwater in the area. Staff attempted to gain easements on private land to install monitoring wells but were ultimately unsuccessful. A revised work plan was submitted in October 2012 recommending off-site monitoring wells on existing City property. Board staff had a number of questions regarding the revised work plan; most related to the new location of off-site monitoring wells. Based on this feedback and modified requirements in a newly adopted WWTP discharge permit (2013), an updated work plan was submitted for Board staff approval in November 2013. The newly revised work plan included: • Destruction and replacement of an existing monitoring well at the WWTP. • Construction of two new wells on city property (off-site) for background monitoring • Evaluation of existing wells not owned by the City but within the vicinity of the WWTP The City received approval to complete destruction and replacement of the existing monitoring well and began this work in March 2013. In December 2014, the City received formal approval of the work plan and was instructed to proceed with the installation of two new off-site monitoring wells. The request for additional funds is necessary as the original agreement and first amendment did not include multiple work plan submissions nor anticipate changing permit requirements. The amount requested will complete this agreement and enable the City to begin sampling and analysis of background groundwater quality, using an approved work plan, and compare it to groundwater quality under the existing WWTP. Attachments 1. Resolution 2. Amendment No. 2 03-17-15 City Council Meeting 05D - 2 RESOLUTION NO. 15-XXX, SERIES 2015 RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO CONSULTANT AGREEMENT WITH WEST YOST ASSOCIATES FOR GROUNDWATER WATER QUALITY AND ANALYSIS BE IT RESOLVED by the City Council of the City of Davis that Amendment No. 2 to the consultant agreement by and between the City of Davis, a Municipal Corporation, and West Yost Associates for Groundwater Water Quality and Analysis is hereby approved and the city manager is herby authorized and directed to execute the Amendment on behalf of the City; and BE IT FURTHER RESOLVED that the sum of $20,000 be and is hereby allocated for completion of monitoring wells necessary to comply with Wastewater Treatment Plant permit requirements; and BE IT FURTHER RESOLVED that all terms, conditions, and covenants of said agreement be, and the same are, hereby approved, ratified, and confirmed. PASSED AND ADOPTED by the City Council for the City of Davis on this 17th day of March, 2015 by the following votes: AYES: NOES: ABSENT: Daniel M. Wolk Mayor ATTEST: Zoe S. Mirabile, CMC City Clerk 03-17-15 City Council Meeting 05D - 3 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS SECOND AMENDMENT (“Second Amendment”) to the May 19, 2010 Agreement (“Agreement”) by and between the CITY OF DAVIS, hereinafter referred to as “City,” and West Yost Associates, hereinafter referred to as “Consultant,” is made and entered into this 17th day of March, 2015. RECITALS WHEREAS, Consultant desires to perform and assume responsibility for the provision of certain additional professional services required by the City subject to the terms and conditions set forth in the May 19, 2010 Agreement as modified by Amendment No. 1 dated October 26, 2010, and this Amendment. WHEREAS, the City desires to engage Consultant to render such additional services in connection with the Groundwater Water Quality and Analysis (“Analysis”) as set forth in this Amendment. NOW, THEREFORE, City and Consultant agree to amend the Agreement as follows: 1. FEE SCHEDULE AND SCOPE OF WORK: The fee schedule is hereby amended as set forth on Attachment A, attached hereto and incorporated herein, to include an additional, not to exceed, $20,000 and to set forth the cost breakdown of each Task under existing Scope of Work. 2. TERM: Consultant will complete the tasks described in Attachment A by no later than July 30, 2015. 1 82506.05002\9618313.1 03-17-15 City Council Meeting 05D - 4 West Yost Associates Amendment No. 2 Groundwater Water Quality and Analysis 3. NO ADDITIONAL CHANGES. Except as expressly amended by this Amendment, all other terms, conditions, and obligations of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Consultant have entered into this Agreement as of the date first stated above. CITY OF DAVIS CONSULTANT By: _______________________ By: _______________________ Its: _______________________ Its: _______________________ By: _______________________ Approved as to form: Its: _______________________ __________________________ Harriet A. Steiner City Attorney 2 82506.05002\9618313.1 03-17-15 City Council Meeting 05D - 5 West Yost Associates Amendment No. 2 Groundwater Water Quality and Analysis Consultant Agreement [West Yost Associates] Groundwater Water Quality and Analysis Amendment No. 2 Attachment A Fee Schedule and Charge-Out Rates A. Compensation The City shall compensate Consultant, on a time and materials basis, an additional not to exceed $20,000, which includes a 10% contingency to complete the tasks set forth herein. Time shall be billed based on the charge-out rates set forth below. Table 1. Summary of Estimated Costs Task Number 1 Construct WWTP Background Monitoring Wells(a) 2 Prepare Monitoring Well Completion Report Total Estimated Fee B. Total Estimated Project Fee, dollars Task Description $13,500(b) $6,500 $20,000 (a) Includes construction of two new background monitoring wells. (b) This estimated cost for this work includes an additional $13,000 not yet expended under the existing agreement for a total of $26,500. Reimbursable Expenses 1. The hourly billing rate as shown in Charge-Out Rate, shall cover standard overhead and profit, including telephone charges, miscellaneous copying costs, first class postage and computer use. These expense items shall not be reimbursable as separate expenses or fees. Groundwater Water Quality and Analysis Attachment A Fee Schedule and Charge Out Rate Page 1 of 3 82506.05002\9618313.1 03-17-15 City Council Meeting 05D - 6 West Yost Associates Amendment No. 2 Groundwater Water Quality and Analysis 2. C. Other reimbursable expenses specific to the project are itemized below: a. For round trips exceeding 75 miles, mileage exceeding 75 miles will be reimbursable at $0.50; otherwise, mileage is included in overhead as part of the multiplier. b. Express Mail. c. Third Party Reprographic Services: Invoice plus 10%. d. Other items as may be pre-approved by City. Mark up Mark up for subconsultants shall be limited to 10 percent. D. Additional Services Should the City desire that Consultant provide additional services, such services shall be authorized, in writing, by the City. Compensation for additional services shall be at the Charge Out Rates. F. Charge-Out Rates Classification Hourly Rate Principal/Vice President Engineering Manager Principal Engineer/Scientist Senior Engineer/Scientist Associate Engineer/Scientist GIS Analyst Engineer II/Scientist II Engineer I/Scientist I Construction Manager III Construction Manager II Construction Manager I Resident Inspector III Resident Inspector II Resident Inspector I Sr. Designer/Sr. CAD Operator Designer/CAD Operator $253 $242 $224 $198 $179 $174 $157 $136 $170 $159 $148 $159 $142 $127 $127 $113 Groundwater Water Quality and Analysis Attachment A Fee Schedule and Charge Out Rate Page 2 of 3 82506.05002\9618313.1 03-17-15 City Council Meeting 05D - 7 West Yost Associates Amendment No. 2 Groundwater Water Quality and Analysis Classification Hourly Rate Technical Specialist II Technical Specialist I Engineering Aide Administrative IV Administrative III Administrative II Administrative I $110 $92 $76 $116 $105 $87 $69 GPS, 3-Person GPS, 2-Person GPS, 1-Person Survey Crew, 2-Person Survey Crew, 1-Person $387 $336 $261 $284 $214 Outside Services Cost + 15% Groundwater Water Quality and Analysis Attachment A Fee Schedule and Charge Out Rate Page 3 of 3 82506.05002\9618313.1 03-17-15 City Council Meeting 05D - 8
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