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HomeMy WebLinkAboutCC Resolution 15065 (Fire Station 55 - Environmental Services) RESOLUTION NO. 15065 RESOLUTION OF THE SAN RAFAEL CITY COUNCIL APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH BSK ASSOCIATES, INC. FOR SERVICES REQUIRED FOR ENVIRONMENTAL PERMITTING, SAMPLING, SOILS TESTING, AND REMOVAL AND SOILS REMEDIATION WORK RELATED TO THE UNFORESEEN UNDERGROUND STORAGE TANK DISCOVERED AT FIRE STATION 55, IN THE AMOUNT OF $63,805, INCREASING THE TOTAL CONTRACT AMOUNT TO $209,549, AND AUTHORIZING THE CITY MANAGER TO EXPAND THE SCOPE OF WORK IF EXTENSIVE CONTAMINATION IS DISCOVERED WHEREAS, in November 2013, the local voters passed Measure E extending the existing one-half percent local sales tax and increasing the rate by one-quarter percent to provide funding to preserve essential city services. This tax supplanted the former, one-half cent transactions and use tax (Measure S), effective April 1, 2014; and WHEREAS, the City has since used those resources to plan, design, construct and manage two new stand-alone fire stations, 52 and 57, and a new Public Safety Center (PSC) that incorporates Fire Station 51. These three projects, collectively referred to as “Phase 1” of the City’s Essential Facilities Program, have successfully been completed and occupied; and WHEREAS, the Essential Facilities program also includes the design, construction, and management of Fire Stations 54 and 55 referred to as “Phase 2”; and WHEREAS, under a professional services agreement dated January 19, 2022, BSK Associates, Inc. (“BSK”) has provided materials testing and special inspection and geotechnical testing and inspection services for the “Phase 2” projects for renovation of Fire Stations 54 and 55; and WHEREAS, the City successfully bid the Fire Station 54 and 55 Project and has awarded the construction contract to Wickman Development and Construction, Inc. and issued notice to proceed with construction; and, WHEREAS, during excavation activities at Fire Station 55, Wickman Development and Construction, Inc. discovered an unforeseen underground fueling storage tank and subsequently notified the City; and, WHEREAS, the City is required to follow specific notification, sampling, permitting, removal procedures; as well as proper extraction and soils remediation by an Environmental Protection Agency-qualified underground storage tank (“UST”) removal company; and, WHEREAS, BSK has provided a proposal to perform the additional environmental services related the work associated with proper extraction of the tank, disposal, and soils remediation; and WHEREAS, BSK’s proposal is based on preliminary investigation results that show minimal contamination around and below the tank because the tank was drained and filled with inert material in the past; and WHEREAS, if during extraction of the tank it is discovered that significant contamination exists, additional work will need to be performed on a time and material basis and staff will monitor the removal and document the extend of the material removed; and WHEREAS, the work associated with the removal of the UST is critical to maintaining the Fire Station 55 Project on schedule and avoiding delays; 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael as follows: 1. The City Manager is hereby authorized to execute a First Amendment to the Professional Services Agreement with BSK Associates, Inc., in the form included with the staff report for this resolution, subject to final approval by the City Attorney, for necessary comprehensive environmental services, in the amount of $63,805, increasing the total contract amount to $209,549. 2. The City Manager is hereby authorized to further amend the Professional Services Agreement to expand the scope of work, to be performed on a time and materials basis, if extensive contamination is discovered during excavation, as needed for the removal and disposal of the excess material. 3. Funds totaling $63,805 will be appropriated for City Project No. 11395 from the Essential Facilities Capital Projects Fund (#420). I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 2nd day of May 2022 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Lindsay Lara, City Clerk