HomeMy WebLinkAboutAgenda Report - May 3, 2006 K-10AGEN DA ITEM K4 0
&Ilk CITY OF LOBI
%V COUNCIL COMMUNICATION
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AGENDA TITLE: Adopt resolution Authorizing City Manager to Execute Task Order with
Treadwgll & Rollo for PCE Central Plume Remediation Phase 1 Dual Phase
(Soil Vapor and Groundwater) Extraction Project ($302,000) and Revising
Hourly Rates
MEETING DATE: May 3, 2006
PREPARED BY: Public Works Director
RECOAMENDED ACTION: That the City Council adopt a resolution authorizing the
City Manager to execute a task order with Treadwell & Rollo for
PCE Central Plume Remediation Phase 1 Dual Phase (Soil Vapor
and Groundwater) Extraction Project in the amount of $302,000 and
revising hourly rates.
BACKGROUND INFORMATION: The initial PCE remediation work on the Central Plume has started
with the City, through its consultants, Treadwell & Rollo, operating
the Soil Vapor Extraction (SVE) located in the alley south of
Pine Street, between Church Street and Pleasant Avenue ("the
Alley"). This system was installed as a pilot project by the Guild defendants and was turned over to the
City as part of the settlement agreement. This system reduces PCE levels in soil and protects indoor air
in adjacent buildings from vapor contamination where the soil levels are high in the source area.
However, the system needs to be expanded, both to remove vapors in the west end of the Alley and
assist in deeper soil remediation further south.
Groundwater in the source area also needs to have high levels of PCE removed. The plan to date has
been to expand the SVE system and install groundwater extraction wells with centralized treatment units.
Treadwall & Rollo believes that a combined approach - called dual phase extraction - will be more cost
effective than separate systems. Very simply, this approach uses one well connected to a water pump
and a vacuum pump to accomplish both tasks. One advantage to this system is that as the water level in
the well is lowered by the pump, additional soil area is exposed to the vacuum pump and additional PCE
is removed more effectively than if it was in water.
The proposed scope of work includes design and installation of one such well to verify the design criteria
and cost estimates prior to installing a full system. (See attached letter from Treadwell & Rollo.) This
work would be done as a separate Task under the terms of the Master Agreement between the City and
Treadwell & Rollo. The earlier task order for the SVE system modifications will be closed.
In addition, Treadwell & Rollo has requested that the Master Agreement, first entered into in 2004 be
revised to update some of the hourly rates. The initial agreement included reduced rates for the principal
staff involved in the City's work. Now that much of the work is moving into the design and operations
stage, staff is comfortable with adjusting these rates.
APPROVED:
Blair K9 , City Manager
J :1P ROJECTSIWATERIPCE,TCE1Central\CTr+eadwellRollo_bualPhase.doc 4/2712006
Adopt Resolution Authorizing City Manager to Execute Task Order with Treadwell & Rollo for PCE
Central Ptume Remediation Phase 1 Dual Phase (Soil Vapor and Groundwater) Extraction Project
($302,000) and Revising Hourly Rates
May 3, 2006
Page 2
FISCAL WPACT: The cost of this work will be paid from the Central Plume settlement fund.
The work has the potential to reduce costs for future work, although the
exact amount is unknown at this time and will be estimated as part of this
work.
FUNDING AVAILABLE: $302,000 — Central Plume Settlement Fund; less amount corresponding to
uncompleted work in the SVE task to be closed.
v2. -P*-�
Ruby Wate, Interim Finance Director
i
Richard C. Prima, Jr.
Public Works Director
RCP/pmf
Attachment
or,: Steve 5chwabauer, City Attorney
Wally Sandelin, Qty Engineer
George Bradley, Street Superintendent
J:1P ROJECTSWV ATERIPCE,TCE1CentrahCTroodwellRollo_pualPhase.doc 4/27/2006
24 April 2006
3923.12.0001
Mr. Richard Prima
Public Works Department
City of Lodi
221 West Pine Street
Lodi, California 95240
Subject: Proposed Scope, Schedule and Budget
Central Plume Remediation — Phase 1
Dual Phase Groundwater and Soil Vapor Extraction
Central Plume Area
Lodi, California
Dear Mr. Prima:
Treadwell & Rollo, Inc. is pleased to submit this proposal to design, install, and operate a single -
well dual phase extraction (DPE) system (Phase 1) in the source area of the Central Plume Area
in Lodi, California. The purpose of phasing this work is to demonstrate the effectiveness of DPE
in reducing perchloroethene (PCE) and other halogenated volatile organic compounds (HVOCs)
in saturated and unsaturated soil and in groundwater, and in mitigating the current calculated
indoor air risk determined to exist in certain buildings in the Central Plume source area bound by
Pine Street to the north, Pleasant Street to the west, Oak Street to the south, and Church Street to
the east.
We believe that DPE can be used to remediate the HVOCs known to be present in the Central
Plume source area at a potentially significant cost savings when compared to the soil vapor
extraction/air sparging/groundwater extraction system remedial approach presented in the
Remedial Investigation/Feasibility Study Lodi Central Plume Area, Lodi, California by Levine
Fricke Recon dated 16 August 2004. The work described in this proposal is an amendment to
the work currently underway in the Central Plume, referred to as the Interim Soil Vapor
Extraction System (ISVES). Certain tasks currently scheduled for performance under that scope
of work can be folded into the DPE Phase 1 work, eliminating potential overlap of work and
expense. For example, the reporting and the operations and maintenance tasks currently
budgeted for the ISVES can be combined with the DPE Phase 1 work, resulting in an early close-
out of the ISVES. We will also use the above -ground treatment system located behind the Guild
facility to treat the additional soil vapor extracted during the DPE Phase 1 work, further
leveraging prior work and reducing overall project costs.
The proposed DPE work will use a single well for both soil vapor and groundwater extraction.
In the Central Plume, PCE is known to be present in high concentrations in soil above and below
the water table, and in groundwater. Although free -phase, or dense non -aqueous phase liquids
(DNAPL) such as PCE have not been visually observed in soil samples collected in the Central
Treadwell & Rollo, Inc. Environmental & Geotechnical Consultants
555 Montgomery Street, Suite 1300, San Francisco, California 94111
Telephone (415) 955-9040, Facsimile (415) 955-9041
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 2
Plume, the high concentrations of dissolved PCE and other HVOCs in groundwater suggest that
DNAPLs are likely present and continue to be a source for dissolved -phase HVOCs in
groundwater. By lowering the groundwater table in areas where DNAPL is potentially present, a
greater mass of contaminated soil becomes available for remediation by soil vapor extraction
(SVE). As SVE is a proven and relatively cost-effective and rapid remediation measure, this
typically results in quicker overall soil remediation. The extraction and treatment of
contaminated groundwater is also beneficial as is captures contaminated groundwater that would
typically flow downgradient and contribute to the larger groundwater contamination plume.
Figure 1 presents how DPE wells combine the effectiveness of SVE and groundwater extraction
in a single well.
A treatment system comprised of DPE wells should be inherently more efficient than a remedial
action comprised of soil vapor -only wells and groundwater -only wells. Significant cost savings
in well construction and the installation of buried pipelines connecting each well to a treatment
facility are one benefit, as is a more rapid remediation of contaminants currently present below
the water table. As part of this Phase 1 work we will estimate the cost savings of DPE through
the life of the project.
Phase 1 will include the installation of a single DPE well in the western portion of the Central
Plume source area. The well may be located either north or south of the ally, while well -head
treatment systems associated with the well would be located on either Oddfellows or Beckman
property. An area approximately the size of two or three parking spaces will be required. Soil
vapor will be piped to the system currently operating behind Guild. Following a period of
operation and data assessment, additional DPE wells would be installed at appropriate locations
throughout the Central Plume source area.
Treadwell & Rollo proposes the following four tasks for the Phase 1 program to evaluate DPE as
a cost effective approach to remediating the LCPA source area.
• Task 1 — Interim SVE System Optimization
• Task 2 — DPE Phase 1 Design Work Plan
• Task 3 — Implement DPE Phase 1 Test
• Task 4 — DPE Operation & Maintenance and Data and Cost Evaluation
SCOPE OF SERVICES
Our proposed tasks to implement the scope of services are as follows.
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 3
Task 1— Interim SVE System Optimization
There are currently three SVE wells operating in the Central Plume as an interim SVE system.
These wells, FSEW-3 and PSEW-IA and -113, located south of the alley behind and to the west
of Guild, are being used to provide sub -slab depressurization of buildings in the Central Plume
source area to mitigate the possible migration of soil vapors containing HVOCs into residences
and businesses. Our initial monitoring of the performance of these wells indicates that
depressurization is not occurring over the entire source area. (Note: Our current scope of work
for the ISVES work includes budget to plumb in additional SVE wells currently present in the
Central Plume source area, assuming that only using wells currently plumbed into the treatment
system would not generate the radii of influence needed to depressure al the building slabs in the
source area. These funds can be reallocated to the DP work.)
Installation and operation of the DPE Phase 1 well will provide additional sub -slab
depressurization in the western portion of the source area, and utilize the vapor -phase treatment
system constructed by Guild. Some modifications to the current interim SVE system will be
required to facilitate this.
We will determine how to configure the piping and blower layout of the current interim SVE
system to handle the additional vapor load from the DB well. We will also follow up on our
initial evaluation of the interim SVE well performance that suggests that the surface piping
arrangement and well head design is likely entrapping water that is impeding vapor flow to the
treatment system. As the DPE well will produce vapor with a high initial moisture content, the
above -ground piping system will have to be altered to mitigate this. We will complete the
efficiency evaluation, specify the design changes, retain a subcontractor to complete the changes,
and restart the system.
Task 2 — DPE Phase 1 Design Work Plan
Treadwell & Rollo will prepare a work plan, construction schedule, and cost estimate to design,
install, and operate a single DPE well located in the western section of the Central Plume source
area. Operating the DPE well at this location will increase the subslab depressurization under the
buildings in the western portion of the source area.
Specific tasks include:
• Develop DPE design specifications, including optimal well location, depth, diameter,
screen length and groundwater pump size;
9 Select appropriate equipment and contractors; and
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 4
• Prepare test protocols and verify cost estimate to construct the DPE well.
Task 3 — Implement DPE Phase 1 Test
The DPE test is anticipated to include installing one 4 -inch diameter PVC well, 100 feet deep,
with an estimated 80 feet of screen. The well will be equipped with a groundwater extraction
pump that discharges to a low -profile air stripper, with treated water discharged to the sanitary
sewer. The low -profile air -stripper can be located away from the DPE well, which allows
flexibility in selecting the optimal DPE well location while locating the air stripper in an area
that can be easily accessed and engineered. Soil vapor will be routed to the current SVE
treatment system through new trench and piping. Additional blower capacity will be required to
handle the increased volume of vapor that can be pulled from the DPE well.
Treadwell & Rollo will procure necessary equipment and contractors, install and operate the
DPE and evaluate results. Specific tasks include:
• Procure all necessary well installation, water discharge, and air permits (likely needed for
the air stripper),
• Select and procure the well pump, air stripping unit, blower, and appropriate plumbing;
• Select and procure required contractors (driller and remedial contractor);
• Oversee installation and development of the DPE well and extraction system;
• Oversee trenching, piping installation and integration into the current vapor -phase carbon
treatment system (could be performed jointly by T&R and City employees);
• Perform initial system start-up and system optimization.
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 5
Installation of the DPE well and piping to the Guild SVE treatment system should be
completed in approximately two weeks. We have assumed that 200 feet of trenching will be
required to convey the vapor phase to the Guild system and the treated liquid phase to the
storm drain. A well -head and treatment pad area roughly equivalent to two parking spaces
will be required for the duration of the test. The system will require regular monitoring
which we have assumed will be conducted in combination with current monitoring of the
interim SVE system. We have conceptually sized the groundwater pumping system to
produce approximately 10 gallons per minute for the duration of the test, which will be
confirmed via a step test after installation of the DBE well and pump.
Task 4 — DPE Operation & Maintenance and Data & Cost Evaluation
During the estimated six-month initial operation period, Treadwell & Rollo will operate and
maintain (O&M) the DPE system. We will also evaluate the performance of the system to
determine whether this is a viable and cost effective approach to remediating the Central Plume
source area contamination. Specifically, we will measure groundwater drawdown in the DPE
well and selected monitoring wells, groundwater production rates, well head vacuum in the DPE
well and selected monitoring wells, determine if installation of additional DPE wells would
effectively remediate the soil, soil vapor, and groundwater contamination in the Central Plume
source area. A comparison of the costs of a DPE source remediation program with a
SVE/groundwater extraction system will be prepared. We will also make an initial evaluation of
how the DPE system may be modified to provide hydraulic control of the more heavily -
contaminated groundwater in the source area using recharge wells along the perimeter of the
source area, and controlled injection of chemical and biological media to increase the speed and
efficiency of the remediation.
The results of the evaluation will be provided in a draft and final report to the City and RWQCB.
The report will include figures showing the as -built layout of the well, conveyance piping,
changes to the plumbing at the Guild treatment system, water and soil vapor extraction records,
calculated contaminant mass removal, laboratory analyses, and progress reports prepared during
the pilot test. This report, which will be prepared in lieu of the reporting documents anticipated
to be prepared for the interim soil vapor extraction system, will include the information needed
to support the selection of the final remedy for the Central Plume source area.
SCHEDULE
We can begin this work immediately upon receipt of authorization. We estimate the duration for
the SVE system optimization and the design, installation, start up, operation and evaluation of
the DPE system will be as follows.
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 6
Task
Approximate
Duration
Task 1 —
Interim SVE System Optimization
3 weeks
Task 2 —
DPE Phase 1 Design and Work Plan
5 weeks
Task 3 —
Implement DPE Phase 1 Test
6 months
Task 4 —
DPE O&M and Data & Cost Evaluation
6 months
ESTIMATED COSTS
We have estimated project costs using conservative assumptions, including a 15% contingency
for construction and O&M costs. Our estimated costs are broken down by task below.
Task 1 — Interim SVE System Optimization ...................... $56,000
Task 2 — DPE Phase 1 Design and Work Plan ................... $20,000
Task 3 — Implement DPE Phase 1 Test .............................. $144,500
Task 4 — DPE O&M and Data & Cost Evaluation ............. $26,000
Design, Installation and Start Up Total ......................... $246,500
Six -Month O&M Total .................................................... $55,000
The granular activated carbon (GAC) change -out costs cannot be confirmed until we have
operated the pilot test and determined its efficiency and the above O&M cost may change. Other
assumptions are presented above under task descriptions.
PROJECT TEAM
Treadwell & Rollo has enlisted the services of Haley & Aldrich to assist in the engineering tasks
for this project. Haley & Aldrich has designed and operated numerous DPE wells and brings a
unique level of experience to our project team. We have discussed the issue of potential conflict
of interest with work they are performing for an insurance carrier of a party (Lodi Chrome) in the
Mr. Richard Prima
Public Works Department
City of Lodi
7 April 2006
Page 7
Northern Plume, and have Haley & Aldrich's assurance that there will be no communication
between the engineering staff assisting us on this work and those working on the Northern
Plume. Treadwell & Rollo will be in responsible charge of all work, which we anticipate will be
performed under our current master service agreement with Lodi. Haley & Aldrich will provide
engineering design and system performance evaluation services, supported by Treadwell & Rollo
engineers. Field work will be performed by Treadwell & Rollo and task -specific contractors. As
Treadwell & Rollo and Haley & Aldrich have a long history of cooperation, we anticipate that
there will be seamless integration of the staff working on this project.
We propose to perform our work on a time -and -expense basis in accordance with the City of
Lodi -Treadwell & Rollo terms and conditions. We will not exceed the estimated authorized
total unless the scope of services changes. We appreciate the opportunity to present this
proposal and look forward to assisting you on this project. If you have any questions,
please call me at 415-955-9040.
Sincerely yours,
TREADWELL & ROLLO, INC.
Philip G. Smith, CPGS, REA II
Vice President
39231205.PGS
14 February 2006
Project No. 3923
Mr. Richard Prima
Public Works Department
City of Lodi
221 West Pine Street
Lodi, California 95240
Subject: Request for Certain Billing Rate Changes
Environmental Services Contras+ --
Dear Mr. Prima:
7, 7, � !&'O!j ; 7 � I �
RECEIVED
FEB 17 2006
CITY OF LODE
PUBLIC WORKS DEPARTMEN'
It has come to my attention that certain billing rates for Treadwell & Rollo personnel have not
been adjusted for two years. As noted in Section III of our 22 April 2004 Technical Services
Task Order Agreement for Professional Services, Exhibit A, billing rates for eight named
Treadwell & Rollo employees (including Smith, Shipman, Leong, and Hubbard) are set at
specific values which were significantly discounted from our 2004 billing rates, with all other
employees billed at a discount of 8% from standard rates at the time the work is performed.
The Agreement does not contain specific language for adjusting billing rates for the eight named
employees. It is my recollection that this condition was discussed with either you or Steve
Schwabauer prior to signing the agreement, with the understanding that rates could be adjusted
after one year.
I would like to propose that we use the 8% rate discount for all Treadwell & Rollo employees, with
the exception of my rate, which would be adjusted from $206/hour to $225/hour. This represents a
13% reduction from my standard rate of $260/hour. An 8% discount to, for example, Patrick
Hubbard's current billing rate of $190/hour, results in a rate of $174.80/hour, or $8.80/hour more
than his curren� Lodi nate of $166/hour..I believe that this approach continues to provide the City
with a very fair value and demonstrates our ongoing commitment to serving Lodi.
Please let me know if you are amenable to this change, which I would like to put into effect
on 1 March 2006. As always, please call me with any questions.
Sincerely yours,
TREADWELL & ROLLO, INC.
P'lip G. Smith, REA II
Vice President
39231203.PGS
Treadwell & Rollo, Inc. Environmental & Geotechnical Consultants
555 Montgomery Street, Suite 1300, San Francisco, CA 94111
Telephone (415) 955-9040 Facsimile (415) 955-9041
Groundwater Treatment
Discharge
Unsaturated Vadose Zone
Vent to Atmosphere
Soil Vapor Treatment
Vacuum
So
Soil Vapor Flow Pattern
---
— — — — — — — -----------
0
N
0
Saturated Zone
x
d
N Groundwater Flow Pattern
0
CL
L
Pump
N
N
DUEL PHASE EXTRACTION WELL SOIL VAPC
NIN
N
Vent to Atmosphere
Soil Vapor Treatment
Vacuum
Groundwater Treatment
Discharge
Static Groundwater Surface
— — — — — — — — — — — — — — — — — — — — — —
� _ --
\ Drawdown From Pumping
f
Groundwater Flow Pattern
Pump
Not to Scale
:TRACTION WELL GROUNDWATER FLOW PATTERN
RESOLUTION NO. 2006-84
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE TASK ORDER WITH TREADWELL &
ROLLO FOR PCE CENTRAL PLUME REMEDIATION PHASE 1 DUAL
PHASE (SOIL VAPOR AND GROUNDWATER) EXTRACTION PROJECT;
AND FURTHER TO AMEND THE 2004 MASTER AGREEMENT WITH
TREADWELL & ROLLO TO UPDATE HOURLY RATES
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute Task Order with Treadwell & Rollo for PCE
Central Plume Remediation Phase i Dual Phase (Soil Vapor and Groundwater)
Extraction Project in an amount not to exceed $302,000; and
BE IT FURTHER RESOLVED that the City Manager is further authorized to
amend the 2004 Master Agreement with Treadwell & Rollo to update hourly rates.
Darted: May 3, 2006
I hereby certify that Resolution No. 2006-84 was passed and adopted by
the City Council of the City of Lodi in a regular meeting held May 3, 2006, by the
following vote:
AYES: COUNCIL MEMBERS — Beckman, Hansen, Johnson, Mounce,
and Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT; COUNCIL MEMBERS — None
ABSTAIN: COUNCIL MEMBERS — None
SUSAN J. BLAC STON
City Clerk
2006-84
TECHMCAL SERVICES TASK ORDER AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LODI
AND
TREADWELL & ROLLO, INC.
THIS TASK ORDER AGREEMENT, hereinafter referred to as "Agreement," made and entered
into on this 22nd clay. of April 2004, by and between the City of Lodi, heminafter referred to as
"Client," and Treadwell etc Rollo, Inc., hereinafter referred to as "Consultant."
WITNESSETH:
VMEREAS, Client is proceeding with participation in remediation studies and possible work in
connection with PCE and TCE soil and groundwater contamination in Lodi referred to in draft
administrative orders from the State of California Regional Water Quality Control Board and
Department of Toxics Substances Control, that requires the services of a consultant; and
WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to
accomplish such work as may be requested by Client;
NOW, THEREFORE, Client and Consultant agree as follows:
I. DESCRIPTION OF PROJECT
Services provided shall be as described in written task orders made pursuant to and referencing this
Agwment, but in general shall include engineering, analytical services, and litigation support.
II. SCOPE OF SERVICES
Consultant agrees to perform those services described in separate written task orders signed by
Client and Consultant. Unless modified in writing by both parties, duties of Consultant shall not be
construed to exceed those services specifically described in each task order.
M. TIIAE FOR COMPLETION
The time for completion of work shall be as identified in each task order issued pursuant to this
Agreement.
N. CONDENSATION
For services to be perform. ed by Consultant, as described in each task order, Client agrees to pay,
and Consultant agrees to accept, compensation as identified in each task order. Consultant shall
invoice Client on a time and materials cost basis for services provided under this Agreement in
accordance with the Billing Rate Schedule contained in Exhibit A unless task orders specifically
indicate otherwise.
TwkOrderAgreemeat-TR_.doc 1 4/20/2404
196
Sub*t to Section XVII of this agreement, Consultant may augment in-house personnel with
suboonsultants. Hourly rate for subconsultants shall not exceed those for equivalent in-house
personnel.
Consultant shall submit invoices for services as prescribed in each task order. Client shall pay such
invoices within 30 days after their receipt. If payment is not made within 30 days, interest on the
unpaid balance will accrue at a rate of one (l ) percent per month compounded monthly.
V. RESPONSIBILITY OF CONSULTANT
Consultant agrees that in undertaking the duties to be performed hereunder, it shall act as an
independent consultant for and on behalf of Client. Client shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. Client, however, retains the
right to require that work performed by Consultant meet specific standards without regard to the
manner and means of accomplishment thereof.
Consultant shall perforin the Services in a manner consistent with the level of care and skill
ordinarily exercised by consultants performing comparable services under comparable
circumstances in the general location of the Project Site. Notwithstanding any provision of this
Agreement, Consultant makes no representation, warranty or guarantee, express or implied, and
expressly disclairrxs any representations, warranties or guarantees, whether made orally or in
writing, and whether made prior to or contemporaneously herewith.
VI. OWNERSHIP OF DOCUMENTS
All documents and other materials obtained, prepared, or created by Consultant shall be owned by
Client. Consultant shall have the right to retain copies of such materials.
VII, NO THIRD PARTY RELIANCE
Consultant and Client aoree that all analyses, findings, conclusions and recommendations of
Consultant made pursuant to this Agreement are for the sole benefit of Client and may not be relied
on by any other person.
VIII. INDEMNIFICATION
To the fullest extent perinitted by law, Consultant shall inderrrrrify and hold harmless Client, their
directors, officers, and employees from and against claims, damages, losses, and expenses
(including reasonable attorneys` fees) whether incurred in a third party action or in an action brought
by Client against Consultant to enforce Client's rights under this provision, arising out of
performance of the work, provided that any such claim, damage, toss, or expense is caused by
negligent acts or omissions of Consultant, any subconsultant employed directly by Consultant,
anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable.
Client agrees to indemnify, defend and save harmless Consultant, its officers, agents and
employees, and any subcontractors employed by Consultant incident to this Agreement, from and
against all losses, claims, costs, damages, liabilities and other expenses, including reasonable
TaskOrderAgreemem-TRAoc 2 4/20/2004
197
attorneys' fees (whether incurred in, a third party action or in an action brought by Consultant
against Client to enforce Consultant's rights under this provision) arising out of (a) material breach
or fgilure to perforin any material provision of this Agreement by Client, or (b) the negligence,
gross negligence, or willful misconduct of Client.
1X. HEALTH AND SAFETY
Client assumes all responsibility for the health and safety of all persons affected by the Project Site
or the Services, except the Consultant and persons under the direct control, supervision, or direction
of the Consultant.
X. INSURANCE
Consultant shall procure and maintain the following insurance policies, each of which shall provide
primary coverage with respect to work performed under this Agreement.
I . Comprehensive General Liability Insurance. Insurance including premises/operations,
products/completed operations, blanket contractual, and broad -form property damage
liability coverages. The combined single limit for bodily injury and property darnage
shall not be less than $1,000,000 per occurrence, and ,$2,000,000 per year in
aggregate.
2. Automobile Bodily Injury and Property Damage Liability. Insurance covering owned
(if any), non -owned, rented, and leased cars. The limit shall not be less than
$1,000,000 per occurrence.
3. Workers' Compensation and Employer's Liability. Insurance as prescribed by
applicable law, including liability under the Longshoreman's and Harbor Workers'
Act and the Jones Act, if applicable. The employer's liability limit skull not be less
than $1,000,000.
4. Professional Liability insurance. Insurance covering losses resulting from errors or
omissions of the Consultant. The limit of liability shall not be less than $1,000,000
per claire and in the aggregate.
Should Consultant or any of its officers, employees, or agents be found to have been negligent in
the performing of professional services or work, or to have breached any express or i.inplied
warranty, breached any representation or any provision of this Agreement, Client, all persons or
entities claiming through Client and all persons or entities claiming to have in any way relied
upon or been damaged by Consultant's services or work agree that the maximum aggregate
amount of the liability of Consultant, its officers, employees and agents shall be limited to the
total amount of the fee paid to Consultant by Client for its work performed with respect to the
project, or $500,000, whichever is greater. The Agreement price is predicated on this limitation
of liability. Should Client object to this provision, then the Agreement price will be renegotiated
by Consultant and Client to account for the increase in Consultant's potential liability_ Any
objection by Client to this limitation on liability must be conveyed to Consultant before Client's
acceptance of this Agreement.
TaskOrderAgreen,�ent-TR,doc 4/20/'2404
198
XI. ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement may not be assigned by either Client or Consultant without the prior written consent of
the other.
XII. BENEFIT
Except as herein provided, this Agreement shall inure to the benefit of the assigns, heirs, and
successors of the parties to this Agreement.
XIII. TERMINATION
Client may terminate this Agreement for its convenience. Consultant shall be compensated for work
performed to the date of termination including a reasonable amount for profit on work
acoomplished and cost to terminate work.
In the event Consultant shall persistently fail to perform services and work hereunder in a manner
satisfactory to Client, this Agreement may, at Client's option, be terminated. Consultant shall be
compensated for completed and useful work performed to the date of termination.
Client or Consultant may terminate this Agreement at any time on 30 days prior written notice to
the other party.
This Agreement shall terminate without any action of a party in the event either Client or
Consultant becomes insolvent or subject to proceedings under any law relating to bankruptcy,
insolvency or the relief of debtors.
XTV. RIGHT OF INSPECTION AND AUDIT
Client shall at reasonable times during the tenn of this Agreement have reasonable access to inspect
and audit project -related documents and other materials resulting from Consultant's activities
pursuant to this Agreement. Client shall reimburse Consultant for Consultant's reasonable costs in
assisting with any such inspections and audits.
XV. FJRI.SDICTiON
This Agreement shall be administered and interpreted under the laws of the State of California
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this
Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void
insofar as it is in conflict with said laws, but the remainder of this Agreement shall be in full force
and effect.
No provision of this Agreement shall be construed for or against any party on the basis of its
contribution, or lack of contribution, to the drafting of such provision, and the provisions of Section
1654 of the Califomia Civil Code shall have no application to this Agreement. The failure of any
party to enforce any provision of this Agreement shall not in any way be construed as a waiver of
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any such provision and shall not prevent that party from thereafter enforcing Such or any other
provision of this Agreement.
XW NON-BINDING MEDIATION
Any dispute or controversy between the parties relating to this Agreement shall be attempted to be
resolved in good faith pursuant to non-binding mediation. The parties shall attempt to select the
inediator by mutual agreement. If they are unable to do so within fifteen (15) calendar days from
the date the dispute if first identified by the party first to assert a claim, the party first asserting one
or more claims shall provide the other party with a written list of names of five (5) potential
mediators. The other party shall either select the mediator from such list, or shall provide the other
party with a written list of names of five (5) additional potential mediators. The mediator thereupon
shall be selected fi-orn such list of ten (10) names by the parties alternately striking names from such
list, the first party to strike a name being selected by the parties' flip of a coin. The last name
restraining to be stricken from the list shall be the mediator. The parties shall proceed to resolve the
dispute through non-binding mediation within forty-five (45) calendar days from the date of the
mediator's selection, or such longer period as the parties may mutually agree upon. If the parties
are unable to resolve the dispute by such means after making every reasonable effort to do so, the
parties thereafter may pursue such other remedies as may be available to them under the provisions
of this Agreement and pursuant to the laws of the State of California. The paragraph shall not apply
to claims made by Consultant pursuant to Mechanics Lien laws.
XVII. INTEGRATION
This Agreement represents the entire understanding of Client and Consultant as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect
to those matters covered hereunder. This Agreement may not be modified or altered except in
writing, signed by both parties.
XVII. SUBCONTRACTS
Except with prior written approval of Client, Consultant shall not enter into any subcontract with
any other party for purposes of providing any work or services covered by this Agreement.
XIX. NOTICES
Any notice to a party in connection with this Agreement must be in writing and addressed to the
party at its address as set forth in the 'Task Order, or such other address or addresses as to which the
parties may notify each other from time to time. Any notices made to Consultant shall be add=ssed
to Consultant's project manager or principal in charge of the pro}ect described in the Task Order.
All notices made hereunder shall be deemed effective on receipt. Client shall notify Treadwell &
Rollo, Inc. by certified mail of any change of ownership or any information provided on the
Acceptance of proposal on Authorization to Proceed. In the event client fails to notify, in writing
by certified snail, wiy changes, Client shall be liable for all credit extended prior to said written
notification as though no changes in fact occurred, without prejudice to Client's right to proceed,
additionally against all successors.
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200
TREADWELL & ROLLO, INC,
S ipaturre
Phwp Smith --
Printed Name
Princi al
Title
Date
attachment
_4)
CITY OF LODI
Signature
H. Dixon Flynn
Printed Name
City Manager
Title
a
Date
raved as to form
D. tephen Schwabauer
Interim City Attorney
-.�- r�r► rte,
;; V Ic
TaakOrderAgreement-TR doc 6 4/20/2004
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Billing Rate Sebedule
Billing Rate_
Po iti n (dollars ver hour
Philip Smith 207
Michael McGuirer 184
Dorinda Shipman, Patrick Hubbard 166
David Dixon, Glenn Leong 146
Michael Chamberlain 121
Joshua Graber 106
Other Staff 8% below
standard rates
Exbibit A
Direct expenses (telephone, reproduction, postage, etc.) will be billed at actual cost.
Nfileage will be billed at $0,35 per mile.
Travel time will be included at the appropriate hourly rate either at 50% or one-way only.
Subconsultants as approved by the City will be billed at actual cost plus 10%.
EQUIPMENT CHARGES
Vans, Trucks $13.50Air (travel time plus time on site)
Nuclear Moisture -Density Guage $12.5OA r
Special Computer or Analytical Software $30.001hr
Other Equipment As approved by City
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