HomeMy WebLinkAbout11 APPROVE AMENDMENT NO 2 TO CSA FOR PSEC~' Agenda Item 11
AGENDA REPORT Reviewed:
i
City Manager
Finance Director
MEETING DATE: JUNE 21, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER AND EXECUTIVE DIRECTOR
FROM: REDEVELOPMENT AGENCY & PUBLIC WORKS DEPARTMENT
SUBJECT: APPROVE AMENDMENT NO. 2 TO A CONSULTANT SERVICES AGREEMENT
BETWEEN THE REDEVELOPMENT AGENCY AND PSEC, INC. FOR TUSTIN
LEGACY ENVIRONMENTAL SERVICES
SUMMARY
Approval is requested of Amendment No. 2 to a Consultant Services Agreement between the
Redevelopment Agency and Pacific States Environmental Contractors, Inc. ("PSEC") for additional
environmental assessment services at Tustin Legacy. The Amendment will provide additional
services related to bid specification language for underground utility installation work, soil sampling,
and groundwater modeling for the Tustin Ranch Road Project and technical support for soil import
criteria and Navy PERF approvals.
RECOMMENDATION
It is recommended that the City Council/Members
Redevelopment Agency:
of the Board of Directors of the Tustin Community
1. Approve Amendment No. 2 to a Consultant Services Agreement between the City and PSEC for
additional environmental support services, increasing the not to exceed amount by $63,800 to
$152,785, and authorize the City Manager and/or Assistant City Manager to execute the document
on behalf of the City; and
2. Appropriate $56,000 from unappropriated fund balance of the MCAS 2010 Tax Allocation Bond
Proceeds Fund (561) and $7,800 from the unappropriated fund balance of the MCAS Tustin
Redevelopment Fund (555) to the Tustin Ranch Road Extension CIP No. 70206 respectively, to
cover associated expenses.
FISCAL IMPACT
The additional consulting services will be compensated on a time and material basis with a not to
exceed cost of $63,800. Approval of the proposed contract amendment will require appropriations of
$56,000 from unappropriated fund balance of the MCAS 2010 Tax Allocation Bond Proceeds Fund
(561) and $7,800 from the unappropriated fund balance of the MCAS Tustin Redevelopment Fund
(555).
DISCUSSION
On November 16, 2010, the City Council approved a Consultant Services Agreement with PSEC to
provide environmental support services related to assessing various environmentally-related tasks at
Tustin Legacy previously started by the former master developer, Tustin Legacy Community Partners,
LLC ("TLCP"). On April 5, 2011 Amendment No. 1 to the Agreement was approved for additional
Pacific States Environmental Contractors, Inc. Contract Amendment No. 2
June 21, 2011
Page 2
environmental support services related to bid specification language and investigations for the Tustin
Ranch Road rough-graded area as well as technical support for completion of reports related to
previously completed TLCP clean-up efforts in Neighborhood E. Subsequently, the City requested
and received a proposal for additional environmental support services from PSEC related to bid
specification language for underground utility installation work, soil sampling, and groundwater
modeling for the Tustin Ranch Road Project and technical support for soil import criteria and Navy
PERF approvals. Based upon its familiarity and experience with the work required, its vast knowledge
of the project, and its current working relationship with the City, PSEC was determined to be the most
qualified to provide the required services at this time. An itemized list of approved Tustin Legacy
agreements for professional consulting services, including pending approvals, is attached for
reference.
Christine A. Shingleton
Assistant City Manager
Attachment: Proposed Contract Amendment No. 2
Tustin Legacy Agreements Summary
S. Stack, P.E.
of Public Works/City Engineer
S:\City Council Items\2011 Council Items\Approval of Amendment No. 2 to Legacy Contract with PSEC.docx
AMENDMENT NO. 2 TO AN AGREEMENT BETWEEN THE CITY OF
TUSTIN AND PACIFIC STATES ENVIRONMENTAL CONTRACTORS,
INC TO PROVIDE CONSULTING SERVICES TO THE CITY FOR
ENVIRONMENTAL ASSESSMENT SERVICES AT TUSTIN LEGACY
This AMENDMENT NO. 2 to CONSULTANT SERVICES AGREEMENT
("Amendment No. 2") is made and entered into by and between the CITY OF TUSTIN, a
municipal corporation ("City") and Pacific States Environmental Contractors, Inc., a
California Corporation ("Consultant"), pursuant to Section 1.6 "Additional Services" and
Section 2.3 "Changes", of the Consultant Services Agreement.
WHEREAS, City and Consultant entered into a Consultant Services Agreement
on November 16, 2010, to provide consulting services to the City for environmental
assessment services at Tustin Legacy, and
WHEREAS, the City requested certain additional environmental assessment
services related to bid specification language for underground utility installation work,
soil sampling, and groundwater modeling for the Tustin Ranch Road Project and
technical support for soil import criteria and Navy PERF approvals; and
WHEREAS, Consultant submitted an authorization request for additional
environmental support services dated June 1, 2011, attached hereto as Exhibit "A";
NOW, THEREFORE, it is agreed that the Original Agreement be amended as
follows to reflect the modifications requested by Consultant and authorized by the City
of Tustin:
1. Modification of Compensation. Section 2 entitled "Compensation" is
amended to provide additional environmental assessment services as
identified in Exhibit "A" of this Amendment No. 2 up to an additional amount
not to exceed $63,800.
2. General Requirements. All other provisions contained in the Original
Agreement shall continue to apply.
IN WITNESS WHEREOF the parties have executed this Amendment No. 2 as of
the date stated below.
DATED:
APPROVED AS FORM:
Doug Holland
City Attorney
"City"
City of Tustin, a municipal corporation
By:
William A. Huston
Interim City Manager
"Consultant"
Pacific States Environmental
Contractors, Inc., a California
corporation
By:
Harry J. Takach
Program Director
EXHIBIT "A"
PROPOSAL
Attached hereto is Consultant's Proposal dated May 27, 2011
EXHIBIT "A"
PROPOSAL
Attached hereto is Consultant's Proposal dated May 27, 2011
Pacific States
PROPOSAL
DATE: June 1, 2011
ATTN: Doug Anderson, Development Services Manager
City of Tustin
300 Centennial Way
Tustin, CA 92780-3715
PROPOSAL DESCRIPTION: CSA Addendum 2 for Environmental Support Tasks at MCAS Tustin
Pacific States Environmental Contractors, Inc. (PSEC) is pleased to submit this contract addendum
proposal to conduct selected environmental tasks at the former Marine Corps Air Station (MCAS) Tustin.
SCOPE OF WORK AND BUDGET
The following is a task listing of the scope of services that PSEC will provide to the City of Tustin, atime-
and-material, not-to-exceed budget, and schedule for the City's approval.
Task 1 -Specifications for Underground Utility Installation Work
PSEC has been working with Moore Twining to prepare a draft document for the Special Provisions for
Construction (EH) Specification in the area of DON's Carve Outs 6 and 9 on Tustin Ranch Road (TRR).
The scope of the specification now includes the information required for the grading and storm drain task.
The estimated budget, atime-and-materials not-to-exceed without authorization, was approved in the first
Addendum. This budget included 40 hours of senior PSEC professional time to coordinate, contribute and
manage the work from the experienced subcontractor. This time has been spent during the discussions,
meetings, and revisions that were completed while the draft specification was scoped and developed.
The EH Specification was submitted for review to the DON during the week of May 23, 2011. Comments
and revisions are anticipated from both the DON and regulatory agency prior to finalization for inclusion in
the contractor's bid package. PSEC is requesting a new budget of $4,000 to provide the project oversight
and response to technical inquiries. This budget includes an estimated 30 hours of senior professional
time to complete this specification.
Task 2: CO6 and CO9 Soil Sampling
During the construction of Tustin Ranch Road (TRR), soil within the contaminated area and over the
shallow surface of Carve-Out 9 (CO-9) will be removed to depths of 3 to 4 feet from current grade. The soil
will be reused onsite if it meets both the import sampling criteria established by the DTSC Information
Advisory for Clean Imported Fill Material printed in October 2001 and the latest constituent criteria found in
the Environmental Protection Agency (EPA) Region 9 Regional Screening Levels (RSL) and/or the
California Human Health Screening Levels (CHHSLs).
City of Tustin
June 1, 2011
Page 2 of 3
The referenced DTSC document establishes the sampling strategy for soils that are in-place or in a
stockpile. The soil that is being considered is currently in-place and the in-place soil sampling strategy will
be used. The sampling requirements for in-place soil are based on the "area expressed in acres" of the
potential site. The estimated area of soil in these areas is:
• Contaminated Area along TRR: less than one (1) acre -equates to 4 soil samples
• CO-9: less than five (5) acres -equates to 8 soil samples
Based on these areas, a total of 12 soil samples collected at 50% of the proposed excavation depths would
be required by DTSC guidance document. However, the DTSC guidance is based on sampling soils that
are not potentially contaminated. Since the soils in these areas are potentially contaminated, PSEC
recommends that 5 sample locations for the contaminated area, supplementing the three preliminary
results that were previously collected, and 15 for CO-9, a total of 20 soil samples, will be required for
sufficient characterization of these areas.
The scope of work to be completed by PSEC for the characterization of these two areas is:
• Prepare a sampling work plan for agency approval and revise the site specific health and safety
plan as needed. The sampling plan will include an updated constituent table for preliminary
remediation goals using the November 2010 RSLs and 2005 CHHSLs.
• Stake and survey the proposed sampling locations (by RBF).
• Complete the soil sampling using a hand auger and submit the samples to a State Certified
Laboratory.
• Analyze the samples using EPA approved methodologies for Total Petroleum Hydrocarbons by
carbon chain (TPHcc), Volatile Organic Compounds (VOCs), Semi-volatile Organic Compounds
(SVOCs), Poly-aromatic Hydrocarbons (PAHs), Polychlorinated Biphenyls (PCBs), Organochlorine
Pesticides, Title 22 total Metals and Asbestos.
• Evaluate the analytical results for each area and enter the data into the existing database.
• Prepare a letter report that summarizes the field activities completed, tabulates and evaluates the
analytical results, and makes recommendations whether the soil can be re-used onsite or require
special handling. The letter report will be distributed to the City, agencies, and then the contractors.
The estimated budget for this work is atime-and-materials not-to-exceed without authorization cost of
$38,500. This budget includes 220 hours of senior and support professional time to provide technical
expertise to prepare and conduct this important sampling and evaluation task along TRR and over CO-9.
Task 3: Groundwater Modeling
The installation of the storm drain along TRR will involve construction dewatering from the shallow aquifer.
The Department of the Navy (DON) has stated that the City shall include an evaluation of the potential
adverse impacts from dewatering activities near groundwater contamination (CO-6) in the dewatering plans
supported by groundwater modeling. PSEC and its subcontractor, Avocet Environmental, will develop a
simple, two-dimensional (2D) model for the shallow storm drain focused on the first water-bearing zone.
RESSO or an equivalent model will be used to evaluate short-term construction dewatering for the shallow
utility trench. RESSQ is asemi-analytical 2D model that calculates the streamline pattern under steady
state regional flow conditions. The model will cover the first 600 feet of the TRR installation, north of
Warner Avenue. The hydraulic characteristics of the aquifer will be based on parameters used in the
assessment of CO-6 by DON (ERRG,2007).
PSEC:BD/Tustin/CSA Addendum2 6-11
City of Tustin
June 1, 2011
Page 3 of 3
The construction dewatering period will be based on a conservative estimate of the time required to install
the storm drain box, estimated at up to 30 days. Construction dewatering will be simulated from a series of
extraction wells along the box alignment. RESSQ cannot simulate extraction from a linear feature, such as
a trench, but a series of closely spaced extraction wells is an acceptable proxy. Evaluation of dewatering
from the deeper sewer utility trench will require a more complex, three-dimensional modeling approach,
such as Visual MODFLOW 2010.1, as the trench will intersect two water-bearing zones with different
hydraulic characteristics. The estimated cost for this 3D model is not included herein and will be included
in a subsequent proposed addendum.
The output from the 2D model will be interpreted to estimate whether, and to what extent, construction
dewatering from the shallow storm drain box may influence the CO-6 groundwater extraction system and
either of the trichloroethene plumes. Results will be available in one week following authorization and a
draft report issued within a week later. The estimated budget for this work is atime-and-materials not-to-
exceed without authorization cost of $13,500. This budget includes the subcontractor modeling and
reporting efforts, and 52 hours of senior professional time from PSEC and our subcontractor to provide
technical expertise and respond to DON reviews and comments.
Task 4: Technical Support
As the planning for the design and construction of TRR continues under City direction, PSEC staff has
been asked to become involved in several technical tasks requiring input from senior professional staff.
These tasks include: 1.) Design Review Meetings, 2.) Project Conference Calls, 3.) Development of Soil
Import Criteria, 4.) PERF T-012 technical evaluation and contribution and 5.) Plan reviews, such as,
grading or dewatering. The estimated budget for this work is atime-and-materials not-to-exceed without
authorization cost of $7,800. This budget includes 60 hours of senior professional time to provide technical
expertise and direct project support.
COST SUMMARY
The estimated total cost for completing the above scope of work is $63,800. Activities and costs will be
collected on a specific Task Basis. Charges and fees will be invoiced by Task on a Time and Materials
basis, not to exceed the total authorized amount. Vendors, supplies, and subcontractors will be billed at
actual cost plus an administrative cost as agreed in a negotiated contract. PSEC will invoice the City of
Tustin monthly based on the amount of work completed. Insurance and Payments terms shall be in
accordance with the contract.
If you have any questions regarding this proposal or request a meeting to discuss our scope of work,
please contact us at 949-302-5535. Pacific States Environmental Contractors looks forward to working
with the City of Tustin to continue our support of the redevelopment of MCAS Tustin.
Respectfully Submitted,
Pacific States Environmental Contractors, Inc.
Harry J. Takach, Ph. D.
Program Director
PSEC:BD/Tustin/CSA Addendum2 6-11
TUSTIN LEGACY AGREEMENTS
EXISTING AGREEMENTS WITH CITY OF TUSTIN
Thursday, June 02, 2011
Master
Development Approval by Task Order
Consultant/Contractor Type of Services Footprint City Council Work Item Cost Issued
including TRR
Extension
RBF Engineering & y 8/3/2010 Disposition Strategy $ 75,000 y
Planning
Engineering y Armstrong Ave. $ 66,800 y
Engineering y Valencia Ave. $ 87,700 y
Engineering y Tustin Ranch Road $ 313,200 y
Engineering y Warner Ave. $ 61,700 y
Engineering y Barranca Parkway $ 166,600 y
Engineering y Red Hill Ave. Median $ 112,000
Engineering y Detention Basin Improvements $ 428,000
Engineering y Red Hill Ave. Widening (see amend. #3) $ 114,900 y
Sub-Total $ 1,425,900
RBF -Amend. #1 Engineering y NAl Tustin Ranch Road -Parkway Landscaping $ 8,800 y
Sub-Total $ 8,800
RBF -Amend. #2 Engineering y NAl Tustin Ranch Road - WQMP $ 9,200 y
Tustin Ranch Rd - Bioswales $ 4,000 y
Tustin Ranch Rd -Tract Maps $ 11,600 y
Sub-Total $ 24,800
RBF -Amend. #3 Engineering & y NAl TR 17144 Revisions (Task 15) $ 3,000
Planning
Engineering y TRR/Valencia (Tasks 1-4) $ 11,500 y
Engineering y TRR/Warner North (Task 5) $ 3,000 y
Engineering y TRR Bridge (Tasks 6-7) $ 9,500 y
Engineering y TRR/IRWD (Tasks 8-11) $ 10,500 y
Engineering y TRR/Legacy(Tasks 16-18) $ 9,000 y
Engineering y TRR/Walnut (Tasks 19-27) $ 58,000 y
Engineering y TRR Misc. (Tasks 12-14) $ 15,000 y
Engineering y Delete Red Hill Ave. Widening (see above) $ (114,900) y
Sub-Total $ 4,600
TOTAL $ 1,464,100
Developer's Research Financial y 9/7/2010 Disposition Strategy $ 75,000 y
TOTAL $ 75,000
SMS Architects Planning and y 9/7/2010 Disposition Strategy $ 75,000 y
TOTAL $ 75,000
NMG GeoTech y 9/7/2010 Armstrong Ave. $ 7,700 y
GeoTech y Valencia Ave. $ 6,300 y
GeoTech y Tustin Ranch Road $ 22,300 y
GeoTech y Warner Ave. $ 7,300 y
GeoTech y Barranca Parkway $ 5,100 y
Sub-Total $ 48,700
NMG -Amend. #1 GeoTech y 2/1/2011 Tustin Ranch Road $ 29,000 y
GeoTech y Valencia Ave. $ 4,500 y
GeoTech y Overall Grading, SWPPP, Walls, Demo $ 35,000 y
Sub-Total $ 68,500
TOTAL $ 117,200
Page 1 6/15/2011
TUSTIN LEGACY AGREEMENTS
EXISTING AGREEMENTS WITH CITY OF TUSTIN
Thursday, June 02, 2011
Master
Development Approval by Task Order
Consultant/Contractor Type of Services Footprint
City Council Work Item Cost
Issued
includingTRR
Extension
Hunsaker Engineering y 9/7/2010 Disposition Strategy $ 25,000 y
Engineering y Mapping/PERF/Water Quality $ 60,000 y
Engineering y Tustin Ranch Road $ 129,600 y
Engineering y Valencia Ave. $ 40,800 y
Sub-Total $ 255,400
Hunsaker -Amend #1 Engineering y 11/2/2010 Disposition Strategy $ 72,500 y
Engineering y Tustin Ranch Road -Homeowner Mitigation $ 12,050 y
Sub-Total $ 84,550
Hunsaker -Amend #2 Engineering y 2/1/2011 Tustin Ranch Road $ 103,200 y
Engineering y Valencia Ave. $ 17,000 y
Engineering y Park Ave. & Legacy Road $ 106,500 y
Engineering y IRWD Capital Plans $ 38,600 y
Engineering y Reimbursables $ 17,500 y
Sub-Total $ 282,800
Hunsaker -Amend #3 Engineering y 5/3/2011 Tustin Ranch Road Grading and Drainage $ 42,700 y
Engineering y Disposition Strategy -Mapping $ 59,000 y
Sub-Total $ 101,700
TOTAL $ 724,450
Psomas Mapping both in the MD NAl Mapping of activities including LIFOC parcels and $ 31,000 y
footprint and SOCCCD land swap
outside the
footprint
TOTAL $ 31,000
John Burns Real Estate Residential Market y 11/2/2010 Disposition Strategy $ 29,400 y
Consulting Analysis
TOTAL $ 29,400
Vandermost Consulting Environmental y 11/2/2010 Regulatory Agency Consulting $ 20,000 y
TOTAL $ 20,000
The Concord Group Non-Residential y 11/2/2010 Disposition Strategy $ 42,000 y
Market Analysis
TOTAL $ 42,000
Pacific States Environmental y 11/16/2010 Environmental Consulting $ 10,000 y
Sub-Total $ 10,000
Pacific States -Amend #1 Environmental y 3/15/2011 Tustin Ranch Road -Specifications $ 32,385 y
Environmental y Tustin Ranch Road - OCSD &IRWD Permits $ 8,000 y
Environmental y Tustin Ranch Road -Potholing & Sampling $ 9,500 y
Environmental y Tustin Ranch Road -Well Relocation $ 18,800 y
Environmental y Technical Support $ 10,300 y
Sub-Total $ 78,985
Pacific States -Amend #2 Environmental y Pending z Tustin Ranch Road -Specifications $ 4,000
Environmental Tustin Ranch Road - C06 & C09 Soil Sampling $ 38,500
Environmental Tustin Ranch Road -Groundwater Modeling $ 13,500
Environmental Technical Support $ 7,800
Sub-Total $ 63,800
TOTAL $ 152,785
Page 2 6/15/2011
TUSTIN LEGACY AGREEMENTS
EXISTING AGREEMENTS WITH CITY OF TUSTIN
Thursday, June 02, 2011
Master
Development Approval by Task Order
Consultant/Contractor Type of Services Footprint
City Council Work Item Cost
Issued
includingTRR
Extension
Vista Environmental Environmental y 12/7/2010 Tustin Ranch Road $ 9,828 y
TOTAL $ 9,828
Page 3 6/15/2011
TUSTIN LEGACY AGREEMENTS
EXISTING AGREEMENTS WITH CITY OF TUSTIN
Thursday, June 02, 2011
Master
Development Approval by Task Order
Consultant/Contractor Type of Services Footprint Work Item Cost
City Council Issued
including TRR
Extension
David Taussig & Financial n 1/4/2011 Disposition Strategy including refinement of $ 47,500 y
Associates infrastructure backbone fees
TOTAL $ 47,500
So Cal Sandbags Maintenance & y 12/7/2010 Maintenance of undeveloped portions including $ 547,524 y
Erosion Control erosion control
TOTAL $ 547,524
Spectrum Landscaping - Maintenance n 6/15/2010 Maintenance of sites outside Master Developer $ 71,208 y
Amend #5 footprint
TOTAL $ 71,208
Moffatt & Nichol On-Call Plancheck y Ongoing a Public Works, Bridges & Structures, and Rail & $ 30,000 y
Engineers Engineering Transit
Hartzog & Grabill, Inc. On-Call Plancheck y Ongoing s Traffic Engineering $ 30,000 y
Engineering
DSL Consulting, Inc. On-Call Plancheck y Ongoing s Hydrology & Hydraulics, Street, Mapping, and $ 30,000 y
Engineering Landscape
Parsons Transportation Construction y 5/3/2011 Tustin Ranch Road - CM $ 1,882,075
Group Management
TOTAL $ 1,882,075
Paleo Solution Archeology y Pending Z Archo/Paleo TRR $ 30,000
$ 2,866,995
TOTAL CONTRACTS $ 5,409,070
TOTAL TASKS ORDERED $ 2,890,195
NOTES:
1. "NA"are items in which funding was appropriated through the adoption of the 2010/2011 Budget and were authorized by staff through a Purchase
Order or within contract amendment limit (10% of total amount) that could be amended by staff, with greater were within the appropriation
amounts of the City Manager.
2. "Pending" are items anticipated to be brought to the City Council for approval in the near future.
3. On-call services established by Public Works operating budget for traffic engineering, development review and special plan
check.
Page 4 6/15/2011