HomeMy WebLinkAboutAgenda Report - June 17, 2009 E-11AGENDA ITEM E-
CITY OF LODI
COUNCIL COMMUNICATION
IM
AGENDATITLE: Adopt Resolution Authorizing City Managerto Execute Master Professional Services
Agreement and Task Order No. 1 of the City of Lodi Soil and Groundwater
Remediation Projects with Stantec Consulting Corporation, of Rancho Cordova
($70,981) and Appropriating Funds ($100,000)
MEETING DATE: June 17,2009
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt a resolution authorizing the City Managerto execute a Master
Professional Services Agreement and Task Order No. 1 of the City of Lodi
Soil and Groundwater Remediation Projectswith Stantec Consulting
Corporation, of Rancho Cordova, in the amount of $70,981 and
appropriatingfunds in the amount of $100,000.
BACKGROUND INFORMATION: A recent Phase II Environmental Site Assessment of the Northern California
PowerAgency (NCPA) site adjacentto the White Slough Water Pollution
Control Facility (WSWPCF) identified surface and subsurface contamination
that requires further characterization and probable cleanup. This site is
also the proposed location for the Lodi Energy Center (LEC) that currently is under application to the California
Energy Commission (CEC) for an operating license. As a condition of the CEC's review of that application, CEC
has requested that additional investigation and evaluation of risk be conducted under Department of Toxic
Substance Control review. Funding for these services is Wastewater capital, due in partto the fact the
contamination maybe the result of operations at WSWPCF. The final agreement with LEC for the site lease and
water sale is pending approval by the City Council. In the course of completing the characterization, a cost-sharing
amendment to that agreement will be submitted to the City Council for approval.
The City of Lodi recently completed a comprehensive consultant selection process for the monitoring and
reporting of the Citywide PCE cleanup program. Stantec, the selected firm, has broad experience in this type of
work, as well as soil and g rou ndwater contamination characterization studies, design of remediationfacilities and
operation of remediation programs. Staff is recommending that Stantec be retained to provide professional
services related to characterization and cleanup of the LEC site.
Anticipating that Stantec's professional services to the City will expand over time in both the areas of soil and
groundwater remediation, staff is recommending that Council approve a Master Professional Services Agreement
with Stantec to which Task Order No. 1 and subsequent task orders will be added as approved by the City
Council. The requested appropriation for Task Order No. 1 of $100,000 includes allocationsfor contingencies and
staff time.
FISCAL IMPACT: The soil contamination remediation costs are unanticipated but will be offset by new
revenues realized from the Lodi Energy Center lease agreement covering the site.
FUNDING AVAILABLE: Requested Appropriation: $100,000 —Wastewater Capital (171000)
Jor an yers �—
Deputy City Manager/Internal Services Director
'Aa4 J66 -1113y"( —
F. Wally S delin
Public Works Director
Attachment
cc: Water Services Manager
APPROVED: Z2::"
BlairKing, Manager
K:\WP\PROJECTS\WATER\CStantecMasterAgmt.doc
6/12/2009
MASTER PROFESSIONAL SERVICES AGREEMENT
Engineering Support Services for the City of Lodi
This Master Professional Services Agreement (hereinafter "Agreement") is made
and entered into by and between the City of Lodi, a municipal corporation (hereinafter
"CITY) and Stantec Consulting Corporation, a California corporation (hereinafter
"CONSULTANT).
RECITALS
A. CONSULTANT services are needed for general engineering support services
necessary to perform civil engineering duties for the City on an as needed basis.
B. After negotiations between CITY and CONSULTANT, the parties have reached an
agreement for the performance of services in accordance with the terms set forth in
this Agreement. On June 17, 2009, the City Council, by Resolution, authorized the
City Manager to execute this Agreement with CONSULTANT.
ARTICLE 1
SC( OF :V
Section 1.1 Scope of Services
CONSULTANT shall perform the services as may be described in subsequent
Task Orders which the parties agree are to be made a part hereof by this reference.
The services shall be performed by, or under the direct supervision of, CONSULTANT'S
Authorized Representative: James W. Grasty, P.G. CONSULTANT shall not replace its
Authorized Representative, nor shall CONSULTANT replace any of the personnel listed
in the specific Task Order(s), nor shall CONSULTANT use any subcontractors or sub -
consultants, without the prior written consent of CITY.
Section 1.2 Time for Commencement and Completion of Work
CONSULTANT shall commence and complete work under this Agreement based
on a mutually agreed upon timelines as set forth in the Task Orders.
CONSULTANT shall not be responsible for delays caused by the failure of CITY
staff or agents to provide required data or review documents within the appropriate time
frames. The review time by CITY and any other agencies involved in the project shall
KAWP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc
not be counted against CONSULTANT's contract performance period. Also, any delays
due to weather, vandalism, acts of God, etc., shall allow CONSULTANT a corresponding
time to complete the required work. CONSULTANT shall remain in contact with
reviewing agencies and make all efforts to review and return all comments.
Section 1.3 Meetin s
CONSULTANT shall attend meetings as indicated in the Scope of Services,
Exhibit A.
Section 1.4 Staffing
CONSULTANT acknowledges that CITY has relied on CONSULTANT's
capabilities and on the qualifications of CONSULTANT's principals and staff as identified
in its proposal to CITY. The scope of services shall be performed by CONSULTANT,
unless agreed to otherwise by CITY in writing. CITY shall be notified by CONSULTANT
of any change of Project Manager and CITY is granted the right of approval of all
original, additional and replacement personnel in CITY's sole discretion and shall be
notified by CONSULTANT of any changes of CONSULTANT's project staff prior to any
change.
CONSULTANT represents that it is prepared to and can perform all services
within the scope of services specified in Exhibit A. CONSULTANT represents that it has,
or will have at the time this Agreement is executed, all licenses, permits, qualifications,
insurance and approvals of whatsoever nature are legally required for CONSULTANT to
practice its profession, and that CONSULTANT shall, at its own cost and expense, keep
in effect during the life of this Agreement all such licenses, permits, qualifications,
insurance and approvals.
Section 1.5 Subcontracts
CITY acknowledges that CONSULTANT may subcontract certain portions of the
scope of services to subconsultants as specified and identified in Exhibit A. Should any
subconsultants be replaced or added after CITY's approval, CITY shall be notified within
ten (10) days and said subconsultants shall be subject to CITY's approval prior to
initiating any work on the Project. CONSULTANT shall remain fully responsible for the
complete and full performance of said services and shall pay all such subconsultants.
KAWMPROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc 2
ARTICLE 2
COMPENSATION
Section 2.1 Compensation
CONSULTANT's compensation for all work under this Agreement shall not
exceed the amount of Fee Proposal, attached as a portion of Exhibit A.
CONSULTANT shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 2.2 Method of Payment
CONSULTANT shall submit invoices for completed work on a monthly basis,
providing, without limitation, details as to amount of hours, individual performing said
work, hourly rate, and indicating to what aspect of the scope of services said work is
attributable and such invoices shall be paid within thirty (30) days of receipt by the City.
Section 2.3 Costs
The fees shown on Exhibit A include all reimbursable costs required for the
performance of the individual work tasks by CONSULTANT and/or subconsultant and
references to reimbursable costs located on any fee schedules shall not apply. Payment
of additional reimbursable costs considered to be over and above those inherent in the
original Scope of Services shall be approved by CITY.
CONSULTANT charge rates are attached and incorporated with Exhibit A. The
charge rates for CONSULTANT shall remain in effect and unchanged for the duration of
the Project unless approved by CITY.
Section 2.4 Auditing
CITY reserves the right to periodically audit all charges made by CONSULTANT
to CITY for services under this Agreement. Upon request, CONSULTANT agrees to
furnish CITY, or a designated representative, with necessary information and assistance.
CONSULTANT agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONSULTANT agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONSULTANT further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
KAWP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc 3
ARTICLE 3
7ISCE! I. I )US F I SIONS
Section 3.1 Nondiscrimination
In performing services under this Agreement, CONSULTANT shall not
discriminate in the employment of its employees or in the engagement of any
subconsultants on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 3.2 Resaonsibilitvfor Damane
CONSULTANT shall indemnify and save harmless the City of Lodi, the City
Council, elected and appointed Boards, Commissions, all officers and employees or
agent from any suits, claims or actions brought by any person or persons for or on
account of any injuries or damages sustained or arising from the services performed in
this Agreement but only to the extent caused by the negligent acts, errors or omissions
of the consultant and except those injuries or damages arising out of the active
negligence of the City of Lodi or its agents, officers or agents.
The total amount of all claims the CITY may have against the CONSULTANT
under this Agreement or arising from the performance or non-performance of the
services under any theory of law, including but not limited to claims for negligence,
negligent misrepresentation and breach of contract, shall be strictly limited to (i) in the
case of a claim that is not covered by one of the insurance policies of CONSULTANT
referred to in Section 4.5 below, the lesser of the fees or $500,000, or (ii) in the case of a
claim that is covered by one of the insurance policies of CONSULTANT referred to in
Section 4.5 below, the amount set forth in said Section. As the CITY's sole and exclusive
remedy under this Agreement any claim, demand or suit shall be directed and/or
asserted only against the CONSULTANT and not against any of the CONSULTANT'S
employee's, officers, or directors.
The CONSULTANT'S liability with respect to any claims arising out of this
Agreement shall be absolutely limited to direct damages arising out of the services and
the CONSULTANT shall bear no liability whatsoever for any consequential loss, injury or
damage incurred by the CITY, including but not limited to, claims for loss of use, loss of
profits and loss of markets.
KAWP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc 4
Section 3.3 No Personal Liability
Neither the City Council, the City Engineer, nor any other officer or authorized
assistant or agent or employee shall be personally responsible for any liability arising
under this Agreement.
Section 3.4 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work prior to final acceptance, except as expressly provided herein.
Section 3.5 Insurance Requirements for CONSULTANT
CONSULTANT shall take out and maintain during the life of this Agreement,
insurance coverage as listed below. These insurance policies shall protect
CONSULTANT and any subcontractor performing work covered by this Agreement from
claims for damages for personal injury, including accidental death, as well as from
claims for property damages, which may arise from CONSULTANT'S operations under
this Agreement, whether such operations be by CONSULTANT or by any subcontractor
or by anyone directly or indirectly employed by either of them, and the amount of such
insurance shall be as follows:
1. COMPREHENSIVE GENERAL LIABILITY
$1,000,000 Bodily Injury -
Ea. Occurrence/Aggregate
$1,000,000 Property Damage -
Ea. Occurrence/Aggregate
or
$1,000,000 Combined Single Limits
2. COMPREHENSIVE AUTOMOBILE LIABILITY
$1,000,000 Bodily Injury - Ea. Person
$1,000,000 Bodily Injury - Ea. Occurrence
$1,000,000 Property Damage - Ea. Occurrence
or
$1,000,000 Combined Single Limits
NOTE: CONSULTANT agrees and stipulates that any insurance coverage
provided to CITY shall provide for a claims period following termination of coverage.
KAWP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec_Revised.doc 5
A copy of the certificate of insurance with the following endorsements shall be
furnished to CITY:
(a) Additional Named Insured Endorsement
Such insurance as is afforded by this policy shall also apply to the City of Lodi, its
elected and appointed Boards, Commissions, Officers, Agents, Employees and
Volunteers as additional named insureds insofar as work performed by the insured
underwritten Agreement with CITY. (This endorsement shall be on a form furnished
to CITY and shall be included with CONSULTANT'S policies.)
(b) Primary Insurance Endorsement
Such insurance as is afforded by the endorsement for the Additional Insureds shall
apply as primary insurance. Any other insurance maintained by the City of Lodi or
its officers and employees shall be excess only and not contributing with the
insurance afforded by this endorsement.
(c) Severability of Interest Clause
The term "insured" is used severally and not collectively, but the inclusion herein of
more than one insured shall not operate to increase the limit of the company's
liability.
(d) Notice of Cancellation or Change in Coverage Endorsement
This policy may not be canceled by the company without 30 days' prior written
notice of such cancellation to the City Attorney, City of Lodi, P.O. Box 3006, Lodi,
CA 95241.
(e) CONSULTANT agrees and stipulates that any insurance coverage provided to
CITY shall provide for a claims period following termination of coverage which is at
least consistent with the claims period or statutes of limitations found in the
California Tort Claims Act (California Government Code Section 810 et seq.).
"Claims made" coverage requiring the insureds to give notice of any potential
liability during a time period shorter than that found in the Tort Claims Act shall be
unacceptable.
Section 3.6 Worker's Compensation Insurance
CONSULTANT shall take out and maintain during the life of this Agreement,
Worker's Compensation Insurance for all of CONSULTANT'S employees employed at
the site of the project and, if any work is sublet, CONSULTANT shall require the
subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's
employees unless such employees are covered by the protection afforded by the
K:\WP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc 6
CONSULTANT. In case any class of employees engaged in hazardous work under this
Agreement at the site of the project is not protected under the Worker's Compensation
Statute, CONSULTANT shall provide and shall cause each subcontractor to provide
insurance for the protection of said employees. This policy may not be canceled nor the
coverage reduced by the company without 30 days' prior written notice of such
cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006,
Lodi, CA, 95241.
Section 3.7 Attorney's Fees
In the event any dispute between the parties arises under or regarding this
Agreement, the prevailing party in any litigation of the dispute shall be entitled to
reasonable attorney's fees from the party who does not prevail as determined by the
court.
Section 3.8 Successors and Assigns
CITY and CONSULTANT each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONSULTANT shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 3.9 Notices
Any notice required to be given by the terms of this Agreement shall be deemed
to have been given when the same is personally served or sent by certified mail or
express or overnight delivery, postage prepaid, addressed to the respective parties as
follows:
To CITY: City of Lodi
F. Wally Sandelin, Public Works Director
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
To CONSULTANT: Stantec Consulting Corporation
Jim Grasty, Principal
3017 Kilgore Road, Ste. 100
Rancho Cordova, CA 95670
Section 3.10 Cooperation of CITY
CITY shall cooperate fully in a timely manner in providing relevant information
that it has at its disposal.
KAWMPROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec Revised.doc 7
Section 3.11 CONSULTANT is Not an Emplovee of CITY
It is understood that CONSULTANT is not acting hereunder in any manner as an
employee of CITY, but solely under this Agreement as an independent contractor.
Section 3.12 Termination
CITY may terminate this Agreement by giving CONSULTANT at least ten (10)
days written notice. Where phases are anticipated within the Scope of Services, at
which an intermediate decision is required concerning whether to proceed further, CITY
may terminate at the conclusion of any such phase. Upon termination, CONSULTANT
shall be entitled to payment as set forth in the attached Exhibit A to the extent that the
work has been performed. Upon termination, CONSULTANT shall immediately suspend
all work on the Project and deliver any documents or work in progress to CITY.
However, CITY shall assume no liability for costs, expenses or lost profits resulting from
services not completed or for contracts entered into by CONSULTANT with third parties
in reliance upon this Agreement.
CONSULTANT may terminate this Agreement upon seven (7) days' notice in
writing in the event the Client has committed material breach of this Agreement. Non-
payment of the CONSULTANT's invoices will be considered a material breach of this
Agreement.
Section 3.13 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 3.14 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent.
Section 3.15 Intearation and Modification
This Agreement represents the entire integrated Agreement between
CONSULTANT and CITY; supersedes all prior negotiations, representations, or
Agreements, whether written or oral, between the parties; and may be amended only be
written instrument signed by CONSULTANT and CITY.
Section 3.16 Applicable Law and Venue
This Agreement shall be governed by the laws of the State of California. Venue
for any court proceeding brought under this Agreement will be with the San Joaquin
County Superior Court.
KAWP\PROJECTS\WATERWASTER PROFESSONALSERVICESAGREEMENT Stantec Revised.doc 8
Section 3.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 3.18 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 3.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer tapes or cards,
or other material documents or data, and working papers, whether or not in final form,
which have been obtained or prepared for this project, shall be deemed the property of
CITY. Upon CITY's request, CONSULTANT shall, upon payment of the applicable
invoices, allow CITY to inspect all such documents during regular business hours. Upon
termination or completion, all information collected, work product and documents shall
be delivered by CONSULTANT to CITY within ten (10) days. CONSULTANT is allowed
to retain a copy of all said items for archival purposes.
CITY agrees to indemnify, defend and hold CONSULTANT harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were prepared.
IN WITNESS WHEREOF, CITY and CONSULTANT have executed this
Agreement as of the date first above written.
ATTEST:
By
RANDIJOHL
CITY CLERK
APPROVED AS TO FORM:
Dated:
By
CITY OF LODI, a municipal corporation
BLAIR KING
CITY MANAGER
STANTEC CONSULTING CORPORATION
By:
D. STEPHEN SC'
WTgUER
CITYATTORNEY ; , Its:
KUP\PROJECTS\WATER\MASTER PROFESSONAL SERVICES AGREEMENTStantec_Revised.doc 9
Task Order No. 1
City of Lodi
Lodi Energy Center Site — Preliminary Endangerment Assessement
Stantec Consulting Corporation Job No.
In accordance with the Agreement For Consulting Services between the City of Lodi
(Client) and Stantec Consulting Corporation (Consultant), Consultant is authorized to
complete the work scope defined in the Task Order according to the schedule and budget
defined herein. The mutually agreeable terms and conditions for the above referenced
agreement shall prevail.
WORK SC U
At the request of the California Energy Commission, the Preliminary Endangerment
Assessment (PEA) is being performed under oversight by the California Environmental
Protection Agency Department of Toxic Substances Control (DTSC). The request is in
response to environmental assessment findings that identified several potential
environmental concerns at the proposed site. The scope includes PEA work plan
preparation, pre -field investigation activities, field investigation, reporting and project
management tasks in accordance with the attached proposal dated June 2,2009.
BUDGET
The costs for Consultants services as defined herein shall not exceed $70,981.
COMPENSATION
Compensation shall be in accordance with the provisions of the Task Order Agreement
between Client and Consultant and the billing rate schedule contained in the attached
letter proposal.
SCHEDULE
The work will be completed in accordance with the DTSC approved Voluntary Cleanup
Agreement (HAS -VCA 08/09-162) and as requested by the Client. A detailed schedule
for the currently anticipated work items is provided in the attached letter proposal.
K:\WP\PROJECTS\WATER\Stantec_TaskOrderl .doe 6/3/2009
STANTEC CONSULTING CORP
Signature
James W. Grasty, P.G.
Printed Name
Managing Principal Geologist
Title
June 3,2009
Date
CITY OF LODI
Signature
Blair King
Printed Name
City Manager
Title
Date
ATTEST:
RANDI JOHL
City Clerk
APPROVED AS TO FORM:
D. STEPHEN SCHWABAUER
City Attorney
m,
K:\WP\PROJECTS\WATER\Stantec—TaskOrderl.doc 6/3/2009
Stantec Consulting Corporation
3017 Kilgore Road Suite 100
Rancho Cordova CA 95670
Tel: (916) 861-0400
Fax: (916) 861-0430
June 2,2009
File: 185702076.0001
Mr. Charles E. SwimleyJr.
Public Works Department
1331 South Ham Lane
Lodi, California 95242-2995
Attention: Mr. Charles E. SwimleyJr., Water Services Manager
Dear Mr. Swimley:
Reference: Proposal to Perform a Preliminary EndangermentAssessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin County APN 055-139-16
Lodi, California 95240
At your request, Stantec Consulting Corporation (Stantec) is pleased to submit this proposal to
complete a Preliminary Endangerment Assessment (PEA) at the above -referenced site for the
proposed Lodi Energy Center (LEC) in San Joaquin County, California. Stantec understands that
the City of Lodi (the City) is requesting the completion of a PEA to address California Energy
Commission' (CEC) requirements regarding hazadous chemicals identified in the soil at the
proposed site for the LEC.
BACKGROUND
The Northern California Power Agency (NCPA) is proposing to construct on City of Lodi property a
natural gas-fired electrical power generation facility (LEC) on a 4.4 acre portion (Site) of San
Joaquin County APN 055-139-16 in Lodi, California. NCPA contracted Carlton Engineering Inc.
(Carlton) to perform a Phase I Environmental Site Assessment (ESA) at the Site. The June 30,
2008 ESA did not identify any recognized environmental conditions (ASTM 1527) at the Site, but
did identify several potential environmental concerns (PECs). Based on the ESA results, the CEC
requested that NCPA conduct field sampling and soil analyses to adequately characterize the
presence of harmful chemicals at the Site and discuss potential risks to construction or plant
personnel from these chemicals. In compliance, NCPA directed CH2M HILL to perform a limited
Phase II Environmental Site Assessment (Phase II ESA) to obtain data to comply with the CEC
request. On February 2, 2009, CH2M HILL performed preliminary soil sampling and subsequent
analyses to provide data associated with the PECS identified by the Carlton ESA. CH2M HILL
summarized the data and compared it to various agency soil screening levels in a preliminary
evaluation of risk to human health in the February 26, 2009 Memorandum entitled NCPA Lodi
Preliminary Phase 11 ESA Sample Results. CH2M HILL concluded that exposure of construction
workers and onsite industrial workers to surface and subsurface soils may adversely affect human
health. Based on these results, the CEC requested that additional investigation and evaluation of
risk be conducted under DTSC oversight. Stantec understands that the NCPAs consultant has
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 2 of 7
Reference: Proposal to Perform a Preliminary EndangermentAssessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin CountyAPN 055-139-16
Lodi, California
initiated preliminary discussions with DTSC regarding CEC's request, including acceptable
modifications to the standard PEA requirements.
SCOPE OF SERVICES
Stantec is proposing the following five tasks and the attached estimated cost to perform the work
necessary to perform a PEA at the LEC property.
Task 1. PEA Work Plan Preparation,
Task 2. Pre -Field Investigation Activities,
Task 3. Field Investigation,
Task 4. Reporting, and
Task 5. Project Management.
TASK 1— PEA WORK PLAN PREPARATION
Stantec will prepare a work plan in compliance with DTSC's Preliminary Endangerment
Assessment Guidance Manual (DTSC Guidance) (DTSC, 1994/1999). The work plan will include
the following requirements:
Site background,
• Rationale for sampling strategy,
• Sampling methods,
• Sample containers and preservation,
• Sample packaging and shipment,
• Sample documentation,
Analysis methods and detection limits,
• Decontamination,
• Waste Management, and
• Tentative schedule.
Prior to work plan preparation, Stantec will meet with the DTSC project manager to hold a scoping
meeting to insure that the proposed approach is consistent with site specific conditions and
objectives. Stantec understands that NCPA's consultant has had some preliminary discussion with
DTSC and will confirm with DTSC that a scoping meeting will be required and appropriateness of
any preliminary agreements in regard to the proposed approach. Also prior to work plan
preparation, Stantec will perform a site visit to evaluate site-specific access, logistical, and safety
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 3 of 7
Reference: Proposal to Perform a Preliminary EndangermentAssessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin County APN 055-139-16
Lodi, California
issues; meeting a City representative familiar with Site history during this visit is requested to
facilitate a thorough understanding of Site conditions.
Stantec will submit the draft work plan to the City for review and comment. City comments will be
incorporated into a final draft work plan and submitted to DTSC for comment. With the City's
concurrence, Stantec will incorporate DTSC's comments and requirements and submit a Final
Work Plan to DTSC. The work plan will be prepared under the direction of, and signed by, a
California -licensed Professional Geologist or Professional Engineer.
TASK 2 — PRE -FIELD INVESTIGATION EFFORTS
The following items will be completed prior to mobilizing for the field investigation.
Subcontracting
Stantec will solicit bids, screen contractors for health and safety considerations, select, and contract
a C-57 licensed driller, a private utility locating service, a California -certified analytical laboratory,
and a state and federally -licensed waste disposal contractor.
Site Safety Plan (SSP)
Stantec will prepare a Site Safety Plan (SSP) for site-specific conditions and scope of work as
required by the Occupational Health and Safety Administration (OSHA) standard guidelines (29
CFR 1910.120), and by California Occupational Health and Safety Administration (Cal -OSHA)
guidelines (CCR Title 8, Section 5192). Prior to the commencement of the field investigation, the
SSP will be updated with appropriate field personnel and subcontractor information. The field staff
and contractors will reviewand sign the SSP before beginningfield operations at the Site.
Permitting
The investigation will require acquisition of soil boring permits from San Joaquin County
Environmental Health Department (SJCEHD) prior to the commencement of drilling activities. If a
current Master File Record Form (MFRF) for the Site is not on file with SJCEHD, Stantec will
complete the required form on behalf of the City. Stantec will also complete and submit the boring
permit application, the MFRF, a copy of the DTSC work plan -approval letter, along with permit and
MFRF fees to the SJCEHD. Stantec will also coordinate with SJCEHD to schedule the boring grout
inspection and pay for additional grouting inspection fees if required.
Borehole Clearance Activities
Stantec will mark the proposed boring locations with white paint, as required by law, and contact
Underground Service Alert (USA) at least 48 -hours prior to drilling to notify all utility operators in the
area to clear the marked locations. Additionally, Stantec will hire a private utility locating service to
conduct a utility clearance of the drilling area prior to conducting fieldwork to ensure that
underground utilities other subsurface structures are not encountered during drilling activities. After
clearance is verified by USA and the utility locator, the borings will be hand augered or air knifed to
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 4 of 7
Reference: Proposal to Perform a Preliminary EndangermentAssessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin CountyAPN 055-139-16
Lodi, California
a depth of approximately five feet bgs to further minimize the risk of encountering subsurface
obstructions.
TASK 3 — FIELD INVESTIGATION
Based on information available to Stantec, NCPA's consultant has apparently had some preliminary
agreements with DTSC regarding non-standard approaches for the PEA scope of work. The
approach outlined below is based Stantec's understanding of the approved scope of work, but may
require additional work items or procedures based on subsequent discussion with DTSC or DTSC
review of the work plan.
Following receipt of boring permits and notification of DTSC, Stantec will mobilize a C-57 licensed
drilling contractor to advance up to 20 soil borings to the soil/groundwater interface or a maximum
depth of 11 feet below ground surface (bgs). Groundwater is anticipated to be first -encountered
between 7 to 9 feet bgs. Borings will be advanced with direct -push drilling and sampling methods
following hand clearing or air knifing of the first five feet of borings to avoid subsurface utilities.
Soils will be described in general accordance with ASTM D-2488 under the direct supervision of a
California Professional Geologist. Soil samples will be collected using the inner liner from the
sampling device and sealed with Teflon@sheeting and plastic caps. Two soil samples will be
collected from each boring for laboratory analysis: one from approximately two feet bgs and one
from the soil/groundwater. Soil samples collected for potential analysis will be field screened for
volatile organic compounds (VOC) with a photo -ionization detector (PID).
Groundwater grab samples with be collected from ten of the soil borings from just below the
soil/groundwater interface. Groundwater samples for metals analysis will be field or lab -filtered
prior to analyses.
Soil and groundwater grab samples will be labeled, recorded on the chain of custody (COC), and
immediately be placed in an iced-coolerfor transported under COC protocol to a California state -
certified analytical laboratory. Soil and groundwater grab samples, along with approximately ten
percent appropriate quality analysis/quality control (QA/QC) samples will be submitted for the
following analyses.
• Total Petroleum Hydrocarbons quantified as gasoline, diesel, and motor oil by
Environmental Protection Agency (EPA) Method 82606 or 8015 M (as appropriate),
• CAM 17 metals by EPA 6000/7000 series Methods,
• VOCs by EPA Method 82606 (full scan),
•
Polycylic Aromatic Hydrocarbons (PAHs) by EPA Method 8270C, and
• Organochlorine Pesticides by EPA Method 8081A.
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 5 of 7
Reference: Proposal to Performa Preliminary Endangerment Assessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin County APN 055-139-16
Lodi, California
Soil and groundwater sampling equipment will be appropriately decontaminated prior to sample
collection. Decontamination fluids, excess sample core, and cuttings will be containerized in
appropriately -labeled Department of Transportation approved 55 -gallon drums and retained onsite
prior to disposal. Disposal costs assume these investigation derived waste are non -hazardous.
Additional analytical costs to perform soluble analyses required by the landfill for disposal
acceptance are also included.
TASK 4 — REPORTING
As discussed above. the approach outlined to Stantec and presented below includes deviations
from DTSC Guidance for PEAs. These include but are not limited to utilizing exposure point
concentrations (EPCs) (rather than maximum concentrations), for comparisons with screening
levels based on industrial worker exposure scenarios (rather than residential screening criteria).
Stantec proposes a scope of services (differing in several respects from a standard PEA), that has
apparently been concurred with by DTSC in preliminary discussions. The approach outlined below
is based Stantec's understanding of the approved scope of work, but may require changes based
on subsequent discussion with DTSC or DTSC review of the work plan.
Stantec will prepare a modified PEA report including soil and groundwater data tables, soil boring
logs, chain of custody and analytical reports, and a site plan showing soil boring locations. The
reporting tasks include costs for data evaluation, screening -level evaluation of human health risk,
and recommendations for additional investigations as appropriate.
The screening -level human health risk evaluation will compare the soil analytical results to
screening criteria based on an industrial worker exposure assumptions. Screening levels will be
included with the analytical data in the summary tables. The soil sample metals results will be
compared with existing background data using a Wilcoxon-Rank Sum or similar test. EPCs will be
generated for each exposure area using ProUCL Version 4.0 software. For organic compounds
detected at least once in an exposure area and for metals exceeding background, the ratio of the
EPCs to the screening -level criteria will be calculated for each analyte as a measure of risk.
Cumulative risk will be calculated for both carcinogenic and non -carcinogenic risk.
The reportwill includethefollowing:
o A brief description of the site,
o Site historical background,
O Description of the site geology and hydrogeology,
o Summary of field investigation and changes to the work plan based on field conditions,
O Summary of analytical results,
0 Figures showing the site vicinity, sample locations, and analytical results,
F
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 6 of 7
Reference: Proposal to Perform a Preliminary EndangermentAssessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin County APN 055-139-16
Lodi, California
• Tables summarizing laboratory analytical data,
• HHRA Data Set and Exposure Point Concentrations
• Risk Characterization and Summary Tables
• Uncertainty Discussion,
• Conceptual Site Model,
Conceptual Site Exposure Model,
• Supporting Documentation (Appendices),
• Screening -Level Human Health Risk Assessment (for inclusion in main report),
• Supporting documentation such as chain -of -custody forms, analytical reports, lithologic logs,
and field documentation, photographs,
• Presentation and discussion of all collected data,
• Conclusions and recommendation as appropriate, and
References Cited
Stantec will prepare a draft report for review and comment by the City. Stantec will incorporate City
comments and submit a draft final PEA report to DTSC for comment. Stantec will incorporate
DTSC comments as directed by the City and submit a final report to DTSC. The report will be
completed under the direction of a California -licensed Professional Geologist or Professional
Engineer.
TASK 5 — PROJECT MANAGEMENT
This task includes labor costs associated with normal project management responsibilities for an
assumed project duration of approximately eight months. These include investigation, staff,
schedule, contract, and financial project management, as well as client and City -approved
regulatory communications. Gary D. Haeck (Ph.D.) will serve as the project manager; Sonia Mahini
(Ph.D.) will perform the risk evaluations; and Rusty Benkosky (P.E.) will serve as the project
Principal Engineer.
FEE AND SCHEDULE
Stantec estimates that the time -and -materials cost to complete the scope of services itemized
above is approximately $70.918.00 (see attached cost estimate) and is prepared to begin
immediately upon receipt of a signed notice to proceed. Stantec will submit a draft work plan to the
client 45 days after notice to proceed and agreements with DTSC on the scope of work. The length
of the review of reports by third parties is unknown, but typically DTSC report review takes 60 to 80
June 2,2009
Mr. Charles E. Swimley Jr., Water Services Manager
Page 7 of 7
Reference: Proposal to Perform a Preliminary Endangerment Assessment
Proposed Lodi Energy Center Site
12745 N. Thornton Road
San Joaquin County APN 055.139-16
Lodi, California
days. Standard turn around at the laboratory is assumed to be 14 working days. Stantec will
provide the client with a draft report 60 days after receipt of validated laboratory data.
The time -and -materials budget is based upon the attached rate sheet and will be invoiced on a
monthly basis. The scope of services and related budget is based on information from the recent
LEC project meeting and other information provided by the City. Should additional tasks or work
items be required that are not included in this scope of services, and cannot be completed within
the proposed budget, a request for a change order will be submitted. Stantec understands the City
has indicated the desire to complete this project under a City of Lodi master professional services
agreement with terms and conditions similar to those negotiated with Stantec for the Central Plume
monitoring and reporting work.
Should you have any questions or concerns regarding this proposal or cost estimate, please feel
free to contact me.
Sincerely,
STANTEC CONSULTING GO ORATION
l
GaryD. Haeck, Ph.D., P.G.
Managing Senior Geologist
Tel: (916) 384-0768
Fax (916) 861-0430
Garv. Haec_.k ftStantec.�w
ames W. Grasty, P.
Managing Principal Geologist
Regional Manager
Attachments: Time and Materials Cost Estimate
Standard 2009 Rate Sheet
h0ty cf Lodllodl Energy CenterlproposaWnal IEE; PEA proposAl.doc
TIME AND MATERIALS COST ESTIMATE
Lodi Energy Center
Preliminary Environmental Assessment
Time and Materials Cost Estimate Summary
Lodi, California
Final LEC PEA Cost Estimate Cost Detail Page 1 of 1 Stantec Consulting Corporation
Lodi Energy Center
Preliminary Environmental Assessment
Time and Materials Cost Estimate Summary
Lodi, California
Analytical Rates
Test America
Groundwater Samples
TPHG
Each
$40
11
$440
TPHD & TPHMO
Each
$45
11
$495
CAM 17 Metals
Each
$90
11
$990
PAHs
Each
$110
11
$1,210
Pesticides
Each
$65
11
$715
v o c s
I Each 1
$70
1 11
1 $770
Soil Samples
TPHG
Each
$40
22
$880
TPHD & TPHMO
Each
$45
22
$990
CAM 17 Metals
Each
$90
22
$1,980
PAHs
Each
$110
22
$2,420
Pesticides
Each
$65
22
$1,430
VOCs
Each
$70
22
$1,540
EDD fees
Each
$30
1
$30
Disposal analyses
Each
$800
1
$800
Subtotal Soil and Groundwater
$14.690
Level III 10 %
Each
$1,469
1
Total including Level 111
$16,159
Final LEC PEA Cost Estimate Analytical Page 1 of 1 Stantec Consulting Corporation
STANDARD 2009 RATE SCHEDULE
STANTEC 2009 RATE SCHEDULE
ENVIRONMENTAL PRACTICE AREA
STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 1 of 3)
Charges for all professional, technical, and administrative staff directly charging time to the project
will be calculated and billed on the basis of the following schedule.
Stantec 2009 MASTER ER Rate Schedule Table 3wo tiles
DESCRIPTION
LEVEL
HRLY RATE
Generally Not applicable to the Southern California Market
1
2
$46
$52
• Mayon occasion be appropriate for intern and clerical support.
3
$58
Clerical, Interns, & FieldlLab Techs
4
$65
• Assists office Administrators, Engineers, Designers, and field staff with clerical and routine entry level
5
$72
tasks.
6
$79
7
$86
Junior -level position, Administrative,
8
• Independently carries out assignmentsof limited scope using standard procedures, methods and
techniques
9
$102
• Assists senior staff in carrying out more advanced procedures
• Completedwork is reviewed for feasibility and soundness ofjudgment
• Recentgraduatefrom anappropriatepost-secondaryprogramorequivalent.
Professional level positions
10
11
$112
$122
• Carries out assignments requiring general familiarity within abroad field of the respective profession
12
$133
• Makes decisions by using a combination of standard methods and techniques
• Actively participates in planning to ensure the achievementof objectives
• Works independentlyto interpret information and resolve difficulties
• Provides applied professional knowledge and initiative in planning and coordinating work programs
91 h professional or project supervisor
13
$146
• P Itidi knowledgeto deliver innovative til in d field Df exF lise
14
15
$157th
$168
i -A «„f the l„
' 6 in short and long range planning 11-M ensure �„e �,.hava^;a, ��
• Makes responsible decisions on all matters, including work methods and fir < :i', i controls associated
with
• Decisionsaccepted a 3 tech) c a
• Reviews and Ja L tE h 1 work
Senior level consultant or management function
16
$181
• Recognizedas an authority in a specific field with qualificationsof significantvalue
17
$210
• Provides multidisciplineknowledgetodeliver innovative solutions inrelated fiieldofexpertise
• Independently conceives programs and problemsfor investigation
• Participates in discussionsto ensure the achievementof program andlor project objectives
• Makes responsibledecisionson expenditures, including large sums or implementationof major
programsandlor projects
Senior level management position
18
$247
• Recognizedas an authority in a specific field with qualificationsof significantvalue
19
$347
• Responsiblefor long range planningwithin a specific area of practice or region
• Makes decisionswhich are far reaching and limitedonly by objectives and policies of the organization
• Planslapprovesprojects requiring significant human resources or capital investment
• Graduate from an appropriate post -secondary program,with credentials or equivalent
• Generally, fifteen years experience with extensive professionaland management experience
Stantec 2009 MASTER ER Rate Schedule Table 3wo tiles
STANTEC 2009 RATE SCHEDULE
ENVIRONMENTAL PRACTICE AREA
Statrtec
STANTEC 2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page 2 of 3)
Other Direct Disbursements:
Disbursement
Vehicle Mile a
Prevailing IRS Rate
Subcontract Services
Actual Cost+15%
Travel/Per Diem
Actual Cost +15%
Per Diem
$150/da
Capital Purchases and Expendable Materials
Actual Cost +15%
Postage and Shipping
Actual Cost +15%
Standard Field Equipment
See Attached Schedule
Standard Field Equipment:
FieldStandard Equipment
Air Sampling Equipment
$45/da
Bailer —Disposable
$10/each
Bailer — Disposable Weighted
$15/da
Bailer — Quick E -Bailer System
$25/da
Bailer — Reusable
$20/da
Drum — 55 Gallons
$55/each
Di ital Camera
$25/da
Draeger Sample Tubes not included
$30/da
Field Communication — Phone
$10/da
Field Communication — Two -Way Radio
$20/da
Field Computer
$25/da
Field Survey — Receptor Survey
$85/hour
Field Survey - Scope/Proposal Preparation
$100/each
Field Survey — Site Survey
$85/hour
Field Survey —Well Search
$85/hour
Field Test Kit — Groundwater
$55/each
Field Test Kit — Soil
$55/each
Field Test Kit — SVE
$55/each
Field Vehicle — Mileage
Prevailing IRS rate
Field Vehicle
$100/da
Field Vehicle — Sampling Truck
$175/da
Field Vehicle — Truck/Van
$130/da
Flame Ionization Detector FID
$130/da
Generator
$60/da
Gloves — Colored Cloth
$5/ it
Gloves — Colored Leather
$15/ air
Gloves — Colored Nitrile
$0.15/ air
Gloves — Keviar Under Glove
$2.50/ air
H&S — Level B Safety Equipment
$165/da
H&S — Level C Safety Equipment
$85/da
H&S — Level D Safety Equipment
$50/da
H&S — Traffic Control Equipment
$55/da
Hand Auger
$30/da
Large Equipment & System — Caterpillar D4 Bulldozer
$250/da
Large Equipment & Systems — Dual Phase Extraction Treatment (DPET)
$200da
Large Equipment & Systems — Soil Vapor Extraction System
$100/da
Low Flow Purge/Sampling System
$80/da
Meter — Oil/Water Interface
$55/da
Meter — Anemometer
$25/da
Meter - CO
$65/da
Meter — Conductivity
$25/da
Meter — Data Logger
$140/da
Meter — Dissolved Oxygen
$65/da
Meter — DO/ORP/Temp/Conductivity
$100/da
Meter — Dosimeter
$45/da
Meter — Ferrous Iron
$5/da
Stantec KQ9 MASTER ER Rate Schedule Table 3 wo t@les
STANTEC 2009 RATE SCHEDULE
ENVIRONMENTAL PRACTICEAREA
® 5tmdec
STANTEC2009 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS
(Page3 of 3)
Standard Field Eau! oment(continued):
Stantec2009 MASTER ER Rate Schedule Table 3 wo titles
Rate
Standard Field EqUipment
Meter –Flow
$5/da
Meter – H2S Detector
$65/da
Meter – LEU02
$65/da
Meter – Ma nehelic (Gauge)
$55/da
Meter–Magnetometer
$50/da
Meter – Manometer
$25/da
Meter – Measuring Wheel
$25/da
Meter– Metal Detector
$15/da
Meter– Multimeter
$100/da
Meter – 021CO2
$65/da
Meter – ORP
$65/da
Meter – Otherquote/day
Meter – Ozone
$55/da
Meter– PH
$25/da
Meter – pH/Temp/Conductivity
$25/da
Meter – Temperature
$25/da
Meter – Turbidity
$30/da
Meter– Dust Monitor
$120/da
Meter – Velocity
$25/da
Meter – Water Level Indicator
$25/da
Photolonization Detector PID
$110/da
Pressure Washer
$25/da
Pum – Air Sampling
$45/da
Pum – Centrifugal
$45/da
Pum – Groundwater Sampling
$110/da
Pum – Peristaftic
$50/da
Pum – Submersible
$60/da
Pum - Trash
$35/da
Pum – Vacuum Pum
$45/da
Pum – Whale Sampling
$25/da
Pum –Well Sam li /Pure
$45/da
Reproduction –11x17 Color Plot./Print/Co
$2/-py
Reproduction – 24x36 Color Piot/Print
0/copy
Reproduction – 8.5x11 B&W Copies
6/copy
Reproduction – 8.5x11 Color Copies
$1.251
Reproduction – Oversized B&W PkWPrint
0/copy
Reproduction – Oversized Color Plot. Print
$1 5/copy
Soil Sample Rin /Sleeve
$10/each
Survey Equipment – GPS
$30/da
Survey Equipment – Laser Plane Level & Receiver
$135/da
Survey Equipment – GPS Survey Quality
$150/da
Survey Equipment – Level Only
$85/da
Transducer
$30/ea2h
Tedlar Ba
$15/ea2h
Stantec2009 MASTER ER Rate Schedule Table 3 wo titles
RESOLUTION NO. 2009-87
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE MASTER PROFESSIONAL SERVICES
AGREEMENT AND TASK ORDER NO. 1 OF THE CITY OF LODI SOIL
AND GROUNDWATER REMEDIATION PROJECTSAND FURTHER
APPROPRIATING FUNDS
WHEREAS, a recent Phase II Environmental Site Assessment of the Northern California
Power Agency (NCPA) site adjacent to the White Slough Water Pollution Control Facility identified
surface and subsurface contamination that requires further characterization and probable cleanup;
and
WHEREAS, this site is also the proposed locationfor the Lodi Energy Center that currently is
under application to the California Energy Commission (CEC) for an operating license. As a
condition of the CEC's review of that application, CEC has requested that additional investigation
and evaluation of risk be conducted under Department of Toxic Substance Control review; and
WHEREAS, the City of Lodi recently completed a comprehensive consultant selection
process for the monitoring and reporting of the Citywide PCE cleanup program. Stantec Consulting
Corporation, the selected firm, has broad experience in this type of work, as well as soil and
groundwater contamination characterization studies, design of remediation facilities, and operation
of remediation programs; and
WHEREAS, staff recommends that City Council approve a Master Professional Services
Agreement with Stantec Consulting Corporation, to which Task Order No. 1 and subsequent task
orders will be added as approved by the City Council; and
WHEREAS, the requested appropriation for Task Order No. 1 of $100,000 includes
allocationsfor contingencies and staff time.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize
the City Managerto execute the MasterAgreement and Task Order No. 1 of the City of Lodi Soil and
Groundwater Remediation Projects with Stantec Consulting Corporation, of Rancho Cordova,
California, in the amount of $70,981; and
BE IT FURTHER RESOLVED that funds in the amount of $100,000 be appropriated from the
Wastewater Capital fund.
Dated: June 17,2009
----------------------------------------------------------------------------
............................................................................
hereby certify that Resolution No. 2009-87 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held June 17, 2009, by the following vote:
AYES: COUNCIL MEMBERS —Johnson, Mounce, and Mayor Hansen
NOES: COUNCIL MEMBERS —None
ABSENT: COUNCIL MEMBERS — Hitchcock and Katzakian
ABSTAIN: COUNCIL MEMBERS— None /�
4aH L
City Clerk
2009-87