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HomeMy WebLinkAboutContracts & Agreements_204-2021THIRD AMENDMENT TO AGREEMENT TO PERFORM PROFESSIONAL SERVICES This third amendment ("Third Amendment") to the agreement for the preparation of an environmental site assessment for the city of Redlands' Alabama Street septic disposal ponds dated October 30, 2018 ("Agreement"), by and between the City of Redlands, a municipal corporation ("City"), and Rincon Consultants, Inc , a California corporation ("Consultant"), is made and entered into this 2nd day of November, 2021 RECITALS WHEREAS, it is the desire of City and Consultant to amend Exhibit "A" of the Agreement, titled "Scope of Services," to increase the scope of services to include those described in Exhibit "1," which is attached hereto and incorporated herein by reference, and WHEREAS, it is the desire of City and Consultant to amend Article 3.2 of the Agreement to update the name of the City's representative from former representative Ross Wittman, to the current representative, John R. Harris, and WHEREAS, it is the desire of the City and Consultant to amend Article 5 1 of the Agreement to increase Consultant's total compensation of Two Hundred Thirty Thousand Two Hundred Fifteen Dollars ($230,215), to the amount of Three Hundred Thirty Four Thousand Six Hundred Thirty Five Dollars ($334,635), NOW, THEREFORE, in consideration of the mutual promises contained herein, City and Consultant agree as follows AGREEMENT Section 1 The scope of work to be performed by Consultant pursuant to Exhibit "A" of the Agreement, titled "Scope of Services," is hereby amended by substituting a new Exhibit "A" as identified in Exhibit "1" hereof. Section 2. Article 3 of the Agreement, titled "Responsibilities of City," is hereby amended to read as follows "3.2 City designates John R. Harris, Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receives information, interpret and define City's policies and decisions with respect to performance of the Services." Section 3 Article 5 of the Agreement, titled "Payment to Consultant," is hereby amended to read as follows "5 1 Total compensation for Consultant's performance of the Services shall not exceed the amount of Three Hundred Thirty Four Thousand Six Hundred Thirty Five Dollars ($334,635) City shall pay Consultant on a time and materials basis up to the not to exceed amount, in 1 L:\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx.jn accordance with Exhibit "B" titled "Cost Proposal," which is attached hereto and incorporated herein by reference Section 4 The total compensation for Consultant pursuant to Exhibit `B" of the Agreement, titled "Cost Proposal," is hereby amended to include the work that is identified in Exhibit "2 " Section 5 All other provisions of the Agreement shall remain unchanged by this Second Amendment and in effect RINCON CONSULTANTS, INC By Paul T Barrch, Mayor ATTEST anne Donaldson, City Clerk 2 L \ca\djm\Agreements\Rmcon Third Amend Alabama St.FY21 0042.docx jn Tom Snyder, Principal EXHIBIT "1" AMENDED SCOPE OF SERVICES The scope of work for the Septage Ponds subsurface investigation is described below. Septage Ponds Subsurface Investigation Task 1 Preparation of Conceptual Site Model (CSM) Rincon will prepare a CSM that identifies the source area, receptors, and exposure pathways for the site The CSM will address location and transport of contaminants as well as potential impacts to human health, the enviromnent, or beneficial uses of water resources as designated by the Basin Plan. The development of a CSM is an iterative and dynamic process that should occur over the project life cycle Rincon will prepare a CSM that can be built upon with information obtained during future site investigations, remedy design, and remedy implementation and optimization. As described in the ESA Report, the COCs for the site were identified as lead and PFAS As described in the Comment Letter, the SA RWQCB requested that the City prepare a CSM that focuses on impacts of lead and PFAS and includes the following information. 1 Past and current site uses 2. Current and intended reuse of the site 3 Summary of previous site investigations/assessments 4 Geology and hydrogeology at the site, including depths and thickness of the water -bearing zones encountered beneath the site, as well as geologic interpretation and cross -sections along and perpendicular to general groundwater flow direction 5 Actual or potential COC migration pathways and receptors 6 Delineation of vertical and horizontal impacts including iso-concentration contour maps depicting total concentrations of COCs on plan view and cross sections 7 Potential remedies for source control and containment of COC releases 8 Decision criteria in the form of a flow chart to be used as a decision -making tool for site remedy/closure, and a proposed implementation schedules for the selected remedies Task 2 Request for Proposal Development Based on discussions with the City, the California Street Landfill may be a feasible disposal location for the PFAS and lead -impacted Septage pond waste material and the Imhoff tank materials following demolition. Rincon will prepare an RFP document that the City can issue to prospective bidders to complete the excavation, hauling, and disposal of the Septage pond material, and the demolition, hauling, and disposal of the Imhoff tanks that are present at the Septage Ponds. The RFP document will include a detailed description of the scope of work, pertinent environmental data, and the necessary environmental qualifications of prospective contractors with regards to excavation and hauling of Septage pond waste material. Rincon will rely on the City to provide specific details regarding City contract requirements, prevailing wage, insurance, etc. that will be included in the RFP Task 3 Soil and Groundwater Sampling Work Plan Rincon will prepare a Soil and Groundwater Sampling Work Plan for the proposed scope of field work for submittal and approval from the SA RWQCB, which is anticipated to include sampling of shallow and deep 3 L:\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx.jn native soils within the footprint of the Septage ponds, and the installation and sampling of up to three groundwater monitoring wells. The scope of work described in the work plan will be consistent with the recommendations included in the CSM and will meet the expectations of the SA RWQCB Task 4 Soil and Groundwater Investigation Rincon will conduct the soil and groundwater investigation consistent with the work plan as described in Task 2c, following approval by the SA RWQCB • Health and Safety Plan. Prior to the commencement of any field sampling, Rincon will update the health and safety plan prepared for the ESA at the Septage Ponds to include activities associated with the proposed soil and groundwater investigation. This plan describes the steps necessary for the field crew to operate on site in a safe and healthy manner, including steps to minimize exposure of the crew to potential contaminants. The preparation of such a plan is required by Federal guidelines for site assessment work. • Boring Mark -outs and USA Notification Rincon will pre -mark the proposed soil sample and monitoring well locations with white flags and white spray paint and notify Underground Service Alert (USA) utility marking service prior to performing soil and groundwater sampling. California law requires this notification no less than 48 hours prior to drilling, not including the date of notification. • Monitoring Well Installation and Soil Sampling. Rincon proposes that three groundwater monitoring wells are installed in three of the four onsite Septage ponds. Groundwater is assumed to be at 240 feet below ground surface (bgs) A continuous coring method will be used for the entire depth of one of the groundwater monitoring wells to log the borings until groundwater is reached. In addition, soil samples will be collected at 100, 150, 200, and 240 feet bgs at the downgradient well locations (8 total samples) The three monitoring wells will be surveyed by a licensed land surveyor Installation of the three monitoring wells is expected to take fourteen days to complete. • Monitoring Well Development and Groundwater Sampling. The three monitoring wells will be developed prior to groundwater sampling. One groundwater sample will be collected from each monitoring well, no less than three days after well development. Development of the monitoring wells is expected to take three days, and collection of soil samples is expected to take two days to complete. • Soil Sampling within Septage Ponds. Rincon proposes to advance two borings within each of the five onsite Septage ponds, for a total of ten borings Rincon will advance shallow soil borings using a track mount direct push rig at two locations where the highest concentrations of PFOA, PFOS, and/or lead were observed during the Phase II ESA in Ponds A, B, C, and C-1, and at one location in Pond D. Samples will be collected from the shallow borings at depths of 0.5, 2, 5 and 10 feet below the pond -native soil interface (a total of 36 soil samples). A tenth soil boring will be advanced in Pond D with a track -mounted CME-95 drill rig to approximately 85 feet bgs, and eight soil samples will be collected from the 0.5, 2, 5, 10, 20, 30, 40, 60, and 85 feet bgs. Soil sampling is expected to take four days to complete. • Soil Sampling around the Perimeter of the Septage Ponds. Rincon will advance shallow soil borings using a hand auger sampler at five locations around the perimeter of the Septage ponds. Hand auger borings will be advanced to a total depth of 5 feet bgs, and samples will be collected at depths of 0.5, 2, and 5 feet bgs. A total of 15 soil samples will be collected from the shallow soil borings advanced in the native soils around the perimeter of the Septage ponds. 4 L:\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx.jn • Soil and Groundwater Sample Analysis As a standard practice, Rincon prefers to take a phased approach to sample analysis. Rincon has developed a cost estimate consistent with the analytical program described above, however would recommend taking a scaled back approach depending on initial analytical results to reduce costs. For example, in the case of PFAS assessment in soils, Rincon would recommend analyzing several surface (0.5 or 1-foot) samples initially, and would only recommend further analysis of deeper samples if detectable concentrations exceeded applicable screening levels in surface samples The following table summarizes the analytical suite for the total number of soil samples that will be collected during the Subsurface Investigation Sample Set Number of Soil Borings Sample Depths for Initial Laboratory Analysis (depth in feet) Samples Held for Follow -Up Laboratory Analysis by Depth, Pending Initial Results Total Sample No. of Analysis Samples Deep Soil Sampling within Septage Pond 1 5 9 2 Shallow Soil Sampling around Septage Ponds Perimeter Shallow Soil Sampling within Septage Ponds A, B, C, C 1 and D' Groundwater Monitoring Well Installation at MW-02 and MW-032 0.5, 2, 5 0.5,2 0.5 2 10, 20, 40, 60, 85 5 5, 10 100, 150, 200, 250 8 15 36 Lead and PFAS 8 PFAS Lead, PFAS, D VOCs PFAS ' Sampling depths beneath the Septage ponds will be measured from the pond -native soil interface, while sampling depths in native soils will be measured from ground surface. 2 Soil samples collected during installation of groundwater monitoring wells MW-02 and MW-03 will be held at the laboratory pending analysis of the deep soil boring in Pond D These samples will be analyzed for PFAS only if PFAS is detected in deep soils and if PFOA and PFAS exceed notification levels in groundwater sampled at each downgradient well. The following is a summary of the analytical suite for the groundwater samples collected during the subsurface investigation Analyte Analytical Method PFAS VOCs Total Hardness California Code of Regulations (CCR) Title 22 Metals Total Dissolved Solids (TDS) Total Anions (Nitrate, Sulfate, Chloride, Fluoride) pH Semi Volatile Organic Compounds (SVOCs) Specific Conductance Total Alkalinity (carbonate, bicarbonate, and hydroxide) Chemical Oxygen Demand (COD) Total Organic Carbon (TOC) Total Cations (Manganese, Potassium, Magnesium, Iron, Zinc, Sodium) Phenols Boron Phosphate Total Phosphorus Total Organic Halogens DoD QSM Version 5 1 EPA Method 8260 N/A EPA Method 6010 Standard Method (SM) 2540C EPA Method 300 0 SM 4500 EPA Method 8270 SM 2510B SM 2320B SM 5220D EPA Method 5310B EPA 6010B EPA 420 1 EPA6010B SM 4500 SM 4500 EPA Method 9020B 5 L:\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx.jn Task 5 Meetings and Project Management Rincon anticipates three one -hour meetings with the City and/or the SA RWQCB will be required to review the CSM, and to develop and finalize the work plan for soil and groundwater assessment at the Septage Ponds. In addition, administrative project management costs are included in this task. Additional Meetings and Project Management budget has been added to this task due to the additional need for coordination with sub -contractors and field personnel. In addition, a reporting budget of $10,095 has been added to this budget given the complex nature of report preparation for the scope of work presented herein. Assumptions Rincon has made the following assumptions in the preparation of this proposal. • The number of proposed soil boring and groundwater monitoring wells are subject to change pending discussions with the SA RWQCB • Rincon is not responsible for any damages to underground improvements not clearly or accurately marked by the City Rincon will contact DigAlert for utility mark -outs, however, it should be noted that DigAlert often does not mark the location of subsurface utilities located on private property If Rincon damages any subsurface utility or structure that is not identified by the City, then the City will assume the cost and all liability related to repair and injury that may occur as a result of such an occurrence. • The subsurface is amenable to sampling using the methods described in this proposal and the sampling can be completed in the specified time frame. Rincon will advise the City of any necessary revisions to the work scope as well as additional costs, if required. • All areas of the site are accessible, and access will be secured by the City • Laboratory analytical costs included in this proposal assume a standard turnaround time of seven to ten days. Laboratory analysis may be expedited for an additional fee. • The CSM will be used to identify data gaps to be addressed with additional site assessment(s) and is considered a living document. Future amendments to the CSM following the collection of additional site data are not included in this proposal. • Material will be removed such that a drill rig will be able to access each of the soil sampling and groundwater monitoring locations. • Preparation of the RFP for the Septage Ponds will not exclude Rincon from eligibility to submit a proposal to perform the investigations. • A cost estimate was provided by the drilling subcontractor selected for this project and material costs (e.g., PVC pipe) are assumed to be valid for up to 14 days following this proposal. If the scope of work is implemented in greater than 14 days from the date of this proposal, a revised quote will be obtained, and material costs will be updated. L.\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx EXHIBIT "2" AMENDED COST PROPOSAL Tasks Additional Total Task Budget Budget Budget Task Environmental Site Assessment Task 1. Environmental Site Assessment Task: Septage Pond Sub -Surface Investigation Task 1 Preparation of Conceptual Site Model Task 2 Request for Proposal Development Task 3. Soil Sampling Work Plan Task4 Soil and Groundwater Investigation Task 5 Reporting, Meetings and Project Management Contingency• 20-percent $34,315 $-- $34,315 $7,600 $2,000 $9,600 $5,500 $-- $5,500 $4,300 $2,500 $6,800 $137,400 $83,200 $220,600 $2,800 516,720 $19,520 $38,300 $-- $38,300 TOTAL PROJECT BUDGET $230,215 $104,420 $334,635 L.\ca\djm\Agreements\Rincon Third Amend -Alabama St.FY21-0042.docx