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HomeMy WebLinkAbout08. 20-215 MAY 26, 2020 20-215 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL SUPPORT FOR 2020 CAPITAL IMPROVEMENT PROJECTS (CIP) / AECOM TECHNICAL SERVICES, INC. (+$90,000.00) INITIATED BY: DEPARTMENT OF PUBLIC WORKS WHEREAS, the City and AECOM Technical Services, Inc. previously entered into an agreement in which AECOM Technical Services, Inc. would provide the City with various environmental support services for the 2020 calendar year; and WHEREAS, during the Phase 1 Environmental Site Assessment review for Contract 20-05 it was found that the construction project was within the Oshkosh Area Trichloroethylene (TCE) Advisory Zone and additional environmental support services will be required for work within the TCE Advisory zone. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Oshkosh that the proper City officials are authorized and directed to enter into and take those steps necessary to implement an appropriate amended professional services agreement with AECOM Technical Services, Inc. for additional environmental support services in the amount of ninety thousand dollars. ($90,000.00). Acct. Nos. 03210410-68XX-XXXXX Multiple Funds 03231717-7216-XXXXX Parking Lot Improvements 03221910-7206-64004 Capital Construction �� Cityof Oshkosh MEMORANDUM TO: Honorable Mayor and Members of the Common Council FROM: Justin Gierach, Engineering Division Manager / City Engineer DATE: May 21, 2020 RE: Approve Amendment to Professional Services Agreement for Environmental Support for 2020 Capital Improvement Projects (CIP) / AECOM Technical Services, Inc. (AECOM) (+$90,000) At their November 26, 2019 meeting, the Common Council awarded an agreement to AECOM for environmental support for the 2020 calendar year. The services included in that agreement included, but are not limited to: Phase I and II Environmental Site Assessments, site investigations/characterizations and cleanups, documentation of contaminated soil removal during construction activities, and offsite treatment and disposal applications and approvals. During the Phase I Environmental Site Assessment review for Contract 20-05, it was found the construction project includes areas that are within the Oshkosh Area Trichloroethylene (TCE) Advisory Zone. Contract 20-05 includes the Oregon Street reconstruction, utility and paving work on West 281h Avenue, and upgrades to the West 281fi Avenue Wastewater Pump Station. The TCE Advisory Zone extends from approximately West 23rd Avenue south to West 351h Avenue and from Wittman Regional Airport to U. S. 45 (Fond du Lac Road). This is a broad area as TCE moves within the groundwater. TCE is a known cancer -causing compound and is regulated by the Wisconsin Department of Natural Resources (WDNR) and the Environmental Protection Agency. According to the National Cancer Institute website, TCE is a volatile, colorless, liquid organic chemical. TCE does not occur naturally and is created by chemical synthesis. It is used primarily to make refrigerants and other hydrofluorocarbons and as a degreasing solvent for metal equipment. TCE is also used in some household products, such as cleaning wipes, aerosol cleaning products, tool cleaners, paint removers, spray adhesives, and carpet cleaners/spot removers. Commercial dry cleaners also use TCE as a spot remover. Additional services for testing, documentation, and reporting to the WDNR will be required for work in this zone. 1: \ Engineering \ 2020 CONTR (=X AECOM 2020 Env Support\CC Memo for CA#15&21-20.do,x Page oft ANALYSIS The additional services required for work within the TCE Advisory Zone include preparation of a Contaminated Groundwater Discharge Permit application, remediation of impacted groundwater prior to discharge to the City's storm water system, providing groundwater discharge monitoring services, additional WDNR coordination, and analytical laboratory services. FISCAL IMPACT Staff has reviewed the amendment and the costs. The amount of this amendment is $90,000. This will raise the total agreement amount to $187,500 (not to exceed) and will be charged to the Storm Water Utility, Water Utility, Sanitary Sewer Utility, Street Paving, or Property Improvements CIP depending on the location of any contamination encountered. Funding is available in all five (5) accounts. RECOMMENDATIONS Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a specialized nature, including engineering services, may be procured without the use of formal, sealed quotes. I have reviewed the amendment and, in accordance with Section 12-16 of the Code, I am hereby recommending the Common Council approve this amendment. Approved, Mark A. Rohloff City Manager 1[.G/et L \Engineering\2020 CONTRAM\A ECOM 2020 Env Support\CC Memo for CA Y1_521-20.doa Page 2 of 2 xECo 558 North Main Street Oshkosh, Wl, 54901 Mr. James Rabe, PE, CPESC Director ofPublic Works City afOshkosh 215Church Avenue Oshkosh, VV|54QO1 RECEIVED MAY 14 ?O?O DBPTOf" PUBLIC WORKS [}SHK()SH.VV/SLUNS)N AECOM Project No. 60620543 City Contract No. 2020-04 Amendment No. itoProvide Environmental Support Services During the 2O2OCalendar Year for the City ofOshkosh Department ofPublic Works Dear Mr. Rabe, AECOK8Technical Services, Inc. (AECOM) is proposing an amendment to the agreement dated October 30, 2019, OPP-830129, City of Oshkosh (City) Contract No. 2020-04, to add additional budget to the 2020 Environmental Support Services Agreement. The additional budget is anticipated to be used to provide additional environmental services on City Contracts 20-05, 20-07, and restore a contingency budget for unknown environmental issues that may boencountered onother City projects. The original budget will continue tobeutilized onproviding environmental services for City Contracts 2O-O4and 2O- O5. Contract 20-04 support services include attending a preconstruction meeting and being on call if impacted soil and/or groundwater iaencountered. Contract 2D-O5support services include preparing mContaminated Groundwater Discharge Permit application from Remedial Action Operations General Permit WI-0046566-7. This permit isrelated to the discharge to the storm sewer of the anticipated groundwater that will be removed during the renovation of the West 28th Avenue Pump Station and associated utility improvements for Contract 20-05. The location ofthe project ia within the Oshkosh Area TCEAdvisory Zone. Therefore, during dewm(er|ngactivities, impacted groundwater may be encountered and require remmdiahonprior hudischarge hmthe storm sewer. |naddition, AECDYNwill provide water discharge monitoring required by the permit, Wisconsin Department of Natural Resources coordination, and subcontracting analytical laboratory services. This scope ofservices inContract 2O-05isbeyond the services provided onayearly basis. Please note these services will be required for all future subsurface work in the TCE Advisory Zone. The zone generally extends from West 23rd Avenue to West 35th Avenue, North to South, and from Airport East Perimeter Road {oU.B.Hwy 4S.East hoWest. AECOM isproviding environmental support during the construction of the City's 2020 Capital Improvement Program (C|P). These environmental support services include, but are not limited to, providing environmental services such as Phase I and 11 Environmental Site Assessments (ESA), site investigation/characterization (including waste), cleanups for street and public utility improvement, storm water watershed design/improvement, facility con atnuotion/impmvement.and release msponee/naanopm. The original contract budget was prepared prior to completing the 2020C|PStreet Phase |Environmental Site Assessments and the 2O2OGautechnicalSubsurface Investigations. The original budget was based onaverage expenditures of previous years' projects. This amendment isproposed hoprovide obudget increase tocover additional environmental services that may be required in2O2O We anticipate amending the scope of services for Contract 20-05 as the project proceeds and providing services onContract 20'07. |naddition, weare proposing hoadd mcontingency budget for unanticipated Environmental amnpom1 s_opommtAmendment No. I.docx 1/5 Environmental Services These environmental support services include, but are not limited to, providing environmental services such as Phase | and UEnvironmental Site Assessments (ESA).site investigation/characterization (indudinQwaate).cleanupsfon street and public utility improvement, storm water watershed design/improvement, facility con struction/i m prove m ent, and release reoponoe/oemnups. This amendment also is intended to provide field documentation services related to results of the 2020 CIP Environmental Records Review and Geotechnical Drilling Environmental Support work previously completed. AECOM will provide environmental services in accordance with the 'Environmental Services Program (Pre - Construction Screening and Construction Monitoring)' developed by the City and will include the following tasks: m Attend Project Meetings asnecessary ~ Respond toquestions and field observations mmrequested • Development ofwork plans and contaminated material management plans ° Documentation for management of contaminated soil and groundwater during construction activities ° Prepare off -site treatment and disposal applications and assist in obtaining required approvals • Prepare Sanitary Discharge Permit applications for disposal of impacted water and assist in obtaining required approvals • Prepare Project Summary reports Additional Proposed Budget Based upon the above scope of services, and as discussed with the City, the estimated budget amendment to provide additional environmental support services for City of Oshkosh CY2020 projects is an additional $90,000. This amendment is intended to add additional budget to the general master services account project agreement for environmental support services to the City, under which services will be authorized and invoiced on a task by task basis, For each project/task request for environmental support, AECOM will complete a Project Authorizationf 'Work Order' Form containing the scope of work and estimated costs, and submit for approval to Mike Blank or other appropriate personnel |nthe City, Upon receipt of the authorized Work Order, AECOM will set up a task under this authorized AEC0K4project agreement. This AECC}KAproject agreement will beconsidered complete when all the work and deliverables for the authorized Work Orders in CY2020 have been completed and submitted. Costs will be tracked per billing accounts provided byCity staff tufacilitate tracking charges hothe correct account. If services to be provided under this amendment require the agents, employees, or contractors of AECOM to enter onto the Project site, Client shall provide hght-of-momesstothe site toAECDK8. its employees, agents, and contractors, hzconduct the planned field oboemadionmorservices. The services described inthis amendment will be provided on adme and materials basis. /\awith all our agreements, AECOK8will only bill for actual time incurred. VVareserve the right torequest changes in budgets ifthe scope ofwork varies from our project assumptions. This includes increases os well osdecreases (nour budget. The services provided will be performed in accordance with the approved Fee Schedule and conditions of the General Conditions of Service — City of Oshkosh, April 2009, which are expressly incorporated into, and are an integral part of, our agreement for professional services. As you are aware, the world is experiencing a pandemic as it relates to the coronavirus COVID-1 9 ("Coronavirus"). This health emergency has the potential of impacting multiple facets of each project/task request including, without limitation, labor, personnel, manufacturing, equipment, materials, transportation, and related supply chains; all of which have the potential to adversely impact the critical path of each project/task request schedule. These potential, unusual, and unavoidable delays are outside of the control of AECOM and cannot be anticipated or determined in advance. AECOM will exercise reasonable care to mitigate the potential impact of the Coronavirus to the extent E^mmnmvmm avppvm1Amendment w�I.docx om FA tt4(0111A� within AECOM's reasonable control. AECOM will notify you in the event AECOM becomes aware of any potential impact to the work caused by the Coronavirus." If you have any questions or need to clarify a point, please call any of the undersigned at 920-236-6718. Yours sincerely, AECOM Technical Services, Inc. ' r- —L:-- '— Faul I'Timm Kevin L. Brehm, P.E. Account Manager Associate Vice President encl: Amendment to Agreement Amendment Authorization KAProjects\60620543_2020 Environmental Support\1 00-Contract\60620543—Contract Amendment No. 1.docx 3/6 F.A*CO-h 558 N Main Street Oshkosh, Wl 54901 920.236.6710 Amendment to Agreement Amendment No. 1 City Contract 2020-04 AECOM Project No. 60620543 RETURN TO: AECOM Date: May 14, 2020 558 North Main Street Oshkosh, WI 54901 Attention: Paul Timm Summary Original Agreement Value $97,500 Total Previous Amendments $0 Amount of this Amendment $90,000 Revised Agreement Amount $187,500 K:kProjects\60620543_2020 Environmental Support\1 00-Contract\60620543_Contract Amendment No. I docx 4/5 558 N Main Street Oshkosh, Wl 54901 920.236.6710 May 14, 2020 I hereby certify that the necessary provisions have been made to pay the liability which will accrue under this amendment. I hereby authorize AECOM to proceed with the scope of work outlined in Amendment No. 1 to the agreement dated October 30, 2019 related to additional budget for the 2020 Environmental Support Services Contract 2020-04, with a revised total budget authorization of $187,500 under the general terms and conditions specified in the amendment and the agreement. Signature Mark A Rohloff Print Name City Manager Title/Organization Signature Pamela R. Ubrig Print Name City Clerk Title/Organization Signature Lynn A. Lorenson Print Name City Attorney Title/Organization Em- I "I - Date Signature Date Ross Van Gompel Print Name Director of Finance Title/Organization K:\Projects\60620543-2020 Environmental Support\1 00-Contract\60620543—Contract Amendment No. I.docx 5/6