HomeMy WebLinkAboutAgenda Report - April 4, 2012 C-06AGENDA ITEM 006
CITY OF I.ODI
COUNCIL COMMUNICATION
AGENDA TITLE: Accept Improvements Under Contract for Central Plume PCE/TCE Remedial
Measures Project and Adopt Resolution Authorizing City Manager to Execute
Professional Services Agreement and Extensions with Diede Construction, Inc., of
Woodbridge, for Operations and Maintenance Services and Appropriating Funds
($558,870)
MEETING DATE: April 4, 2012
PREPARED BY: PublicWorks Director
RECOMMENDEDACTION: Accept improvements under contract for Central Plume PCE/TCE
remedial measures project and adopt resolution authorizing
City Managerto execute professional services agreement and
extensions with Diede Construction, Inc., of Woodbridge, for operations and maintenance services, and
appropriating funds in the amount of $558,870.
BACKGROUND INFORMATION: The project was awarded to Diede Construction, Inc., of
Woodbridge, in the amount of $1,758,672.42, on March 7, 2010.
The contract has been completed in substantial conformance with
the plans and specifications approved by City Council.
This project consisted of design, construction, one year operation and maintenance of a groundwater
extraction and treatment system and a soil vapor extraction and treatment system. The Central Plume
Source Area is bounded by Pine Street, Oak Street, Church Street and Pleasant Avenue. The project
included two groundwater extraction wells, nine soil vapor extraction well sites (18 wells), three
monitoringwell sites (three wells each), an approximately 800 -square -foot treatment facility, electrical
and control wiring, associated utility piping and site improvements.
The contract was substantially completed by the contract completion date of May 27, 2011. The facility
has been operating since April 2011. The delay in final acceptance is related to additional work required
by the Central Valley Regional Water Quality Control Board (Regional Board), including adding a third
groundwater extraction well. The final contract price was $1,794,205.34. The difference between the
original contract amount and the final contract price is due to five contract change orders, as shown
below.
Change Order No. 1 included increasing the size of the treatment facility and revised vapor well drilling
details ($26,055).
Change Order No. 2 included removing and replacing five driveways, including two alley approaches,
impacted by the project area to meet current ADA requirements ($41,579.13).
Change Order No. 3 included costs associated with decommissioning the Guild Cleaners treatment
facility and repaving the entire alley between Church Street and PleasantAvenue. This item was
pre -approved by City Council on April 20, 2011, per Resolution No. 2011-56 ($186,260).
APPROVED: _\,
Konradt Bartlam, City Manager
K:1WP\PROJECTS\WATER\PCE,TCE\Central\ExtractTreatSystem\CAccept Central Plume IRM.doc
3/19/2012
Accept Improvements Under Contract for Central Plume PCEPTCE Remedial Measures Project and
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement and Extensions
with Diede Construction, Inc., of Woodbridge, for Operations and Maintenance Services and
Appropriating Funds ($558,870)
April 4, 2012
Page 2
Change Order No. 4 included the installation of groundwater extraction Well No. EW -06, as required by
the Regional Board ($74,890).
Change Order No. 5 included the additional water sampling and testing for extraction Well No. EW -06,
soil vapor system optimization testing, and contractor pollution liability insurance costs caused by the
delay between the substantial completion date and the actual contract acceptance date ($13,162).
To date, 1,650 pounds of PCEPTCE has been removed by this system. Combined with the system that
operated for years at Guild Cleaners, the total removal is approximately 8,000 pounds.
Council is also being requested to authorize a professional services agreement with Diede Construction
for the ongoing operations and maintenance services for the treatment facility. The original bid
documents required the contractorto provide a proposal for monthly costs for Year 2 for maintenance,
operations, testing and reporting. This price shall be used should the City wish to continue using the
contract services beyond the current contract duration. Staff recommends Council exercise this option.
The total professional service agreement is for $558,870. However, the 12 -month operation,
maintenance, sampling and reporting costs are $48,960. The remainder of the $558,870 is for the
replacement of Granular Activated Carbon (GAC) and water waste disposal. These materials are paid on
an as -used basis only. Staff also recommends that the City Manager be authorized to negotiate and
execute annual extensions of the professional services agreement.
Following acceptance by the City Council, as required by law, the City Engineerwill file a Notice of
Completion with the County Recorder's office. The notice serves to notify vendors and subcontractors
that the project is complete and begins their 30 -day period to file a stop notice requiring the City to
withhold payments from the prime contractor in the event of a payment dispute.
FISCAL IMPACT: Capital and Operations funding for these facilities was anticipated in the
current water rate.
FUNDING AVAILABLE: Requested Appropriation:
Central Plume Settlement Funds (190) $558,870
Jordan Myers
Deputy City Manager/Internal Services Director
,A) . 1 11,40.1
F. Wally §7andelin
PublicWorks Director
Prepared by Gary Wiman, Construction Project Manager
cc: Stephen Schwabauer, City Attorney
Larry Parlin, Deputy Public Works Director— Utilities
K:\WP\PROJECTS\WATER\PCE,TCE\Central\ExtractTreatSystem\CAccept Central Plume IRMA= 3119/2012
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
I 1F
Section 1.1 Parties
THIS AGREEMENT is entered into on April 5, 2012, by and between the CITY
OF LODI, a municipal corporation (hereinafter "CITY), and DIEDE CONSTRUCTION,
INC. (hereinafter "CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Year Two
operation, maintenance, sampling and reporting services, as submitted with the Central
Plume Interim Remedial Measures Improvement Project bid submitted on February 23,
2010 (hereinafter "Project") as set forth in the Scope of Services attached here as
Exhibit A. CONTRACTOR acknowledges that it is qualified to provide such services to
CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
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The review time by CITY and any other agencies involved in the project shall not be
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffina
CONTRACTOR acknowledges
capabilities and on the qualifications
that CITY has relied on CONTRACTOR's
of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR 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 CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY underthis Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on April 5, 2012 and terminates upon
the completion of the Scope of Services or on April 4, 2013, whichever occurs first.
E
ARTICLE 3
ATI
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR 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 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, 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. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR 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. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
C 1S PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2. ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Sectioi f.3 1 it , foi Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees), arising out of performance of the services to be performed
under this Agreement, provided that any such claim, damage, loss, or expense is
caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor
employed directly by CONTRACTOR, anyone directly or indirectly employed by any of
them, or anyone for whose acts they may be liable, except those injuries or damages
arising out of the active negligence of the City of Lodi or its officers or agents.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
4
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR 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 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY: City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: F. Wally Sandelin
To CONTRACTOR: Diede Construction, Inc.
P.O. Box 1007
Woodbridge, CA 95259
Attn: Paul Bickford
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Emplovee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR 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.
5
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR 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 CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. 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 force and effect. 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 San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 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 hereunder.
Ell
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR 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.
Section 4.17 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 4.18 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 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit apply to this contract. In the event of a conflict between the terms of this
contract or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
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IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
RANDIJOHL
City Clerk
CITY OF LODI, a municipal corporation
KONRADTBARTLAM, City Manager
APPROVEDAS TO FORM: CONTRACTOR:Diede Construction
D. STEPHEN SCHWABAUER, City Attorney
JANICE D. MAGDICH, Deputy City Attorney
By: By: _
Name:
Title:
Attachments:
ExhibitA -Scope cf Services
Exhibit B - Fee Proposal
Exhibit C - Insurance Requirements
Funding Source:190121.7720
(Business Unit & Account No.)
D,oc ID:PSA Central Plume Year 2 O&M 2012
CA:rev.01.2012
8
Exhibit A
Permits, Certificates, Laws and Ordinances The Contractor and all subcontractors shall
have a valid State Contractor's license issued by the State of California and at their own
expense procure all permits, certificates and licenses required of them for the execution of their
work. They shall comply with all federal, state or local laws, agencies, ordinances or rules and
regulations relating to the performance of the work. Reference is made to the State of
California Department of Water Resources Bulletins No. 74 and 74-5.
The Contractor shall be responsible for furnishing all tests, permits and filing of the logs as
required by law except as noted in these Special Provisions, including San Joaquin County
Public Health Well Drilling and Pump Installation Permit. The Contractor is required to
submit Start-up, Operations, Maintenance and Testing plans to the State Regional Water
Quality Control Board for approval and compliance.
The contractor will be liable for all violations, fines and penalties related to the
construction and operation of the treatment facility.
Start Up and Testing The contractor shall coordinate and make available the appropriate
staff, craftsmen, tradesmen, technicians, and manufacturer representatives to participate in the
completed project start up. The purpose is to operate pumps, valves, switches and other
equipment; calibrate; correct problems; make repairs; replace faulty equipment; and otherwise
address workmanship issues prior to acceptance by the City. The Contractor shall also provide
sufficient field water and soil vapor PCE/TCE testing and analysis equipment to verify that
design removal is being achieved and approved by controlling agencies.
Payment — The lump sum price paid for the "Start up and Testing" shall include full
compensation for furnishing all labor. materials, tools and equipment to complete the work of
start up and testing, all as show in the plans and specifications and in Section 6-145 "Start Up
and Testing" and no additional compensation will be allowed.
Health and Safety
Contractor shall submit a site safety plan to the City a minimum of 12 working days prior to
beginning work. Site safety plan shall be in accordance with U.S. Department of Labor, 29 CFR
1910 and CALOSHA and include job safety analysis specific to the general tasks to be
performed at the site. Contractor shall supply evidence of 40 -hour Hazardous Waste
Operations and Emergency Response (HAZWOPER) training of all field personnel and
subcontracted personnel prior to start of work. The contractor is solely responsible for project
safety.
Contractor and their subcontractors shall comply at all times with the health and safety plan
provided by contractor. Contractor must document to the Engineer that all workers have 40
hours of OSHA training per 40 CFR 120. Contractor must provide personal protective
equipment for their personnel and subcontractor personnel at all times. Contractor shall
operate in a safe and controlled manner at all times.
Contractor shall conduct and document a thorough safety tailgate meeting as required. The
tailgate meetings shall include discussions of client safety expectations. All subcontractors
shall be given a documented safety tailgate meeting prior to start of work. Contractor shall
provide for and ensure the safety programs, behavior and compliance with these notes of all
subcontractors. Contractor shall provide direct oversight of all subcontractors used on this
PSA Central Plume Year 2 O&M 2012 ExA.doC 1 03/19/12
project. If translation is required for any employee to understand the site safety indoctrination,
that translation shall be provided by Contractor.
Contractor shall furnish and make available at all times: fire extinguisher, eyewash station, first
aid kit, stop/slow handheld traffic sign, an adequate number of 4 -foot high traffic delineators
and snow fencing, a portable self-contained outhouse, hearing protection, eye protection, and
adequate drinking water.
Contractor and subcontractor dress code on the work site shall include at a minimum: safety
vest with reflective stripes, hardhat, safety glasses with sideshields, appropriate gloves, long
sleeve shirt, pants, hearing protection, and steel toe boots, or other equipment as required by
regu lations.
All mechanical equipment used onsite shall be inspected and documented at the start of each
day. Equipment maintenance records shall be provided to the Engineer with all mechanical
equipment used onsite. Any equipment that is worn or otherwise unsafe shall not be used and
shall be repaired or replaced at Contractor's expense. Any employee of Contractor that uses a
forklift shall provide evidence of forklift certification and training to the Engineer prior to use.
Spotters shall be used for any equipment operating in reverse on the site. Seatbelts shall be
worn at all times while operating any mechanical equipment on or off the site. Cell phone use is
prohibited while operating any mechanical equipment at the site.
A pre -job conference call will be held prior to the start of work and shall be attended by a
person in responsible charge of this project representing Contractor and a representative from
all subcontractors.
Only appropriate clevis shall be used in lifting applications. Loads shall be secured using a
threaded U -bolt.
Contractor shall use proper and safe lifting methods to include a 50 -pound limit per person.
Awkward items weighing more than 30 pounds shall be lifted by more than one person.
All excavations within 5 feet lateral distance of a marked utility shall be hand -dug using only
hand tools to break ground, move soil or debris, or otherwise disturb the excavation from top to
bottom.
All below grade existing utilities shall be located and confirmed using hydro -excavation.
Complete plan must be submitted and approved by the City prior to the start of work.
Contractor shall provide one person with responsible charge and sufficient authority to enforce
health and safety and adherence to these notes at all times that work is in progress.
Failure to comply with any of the above -stated is reason for jobsite shutdown by the Engineer or
the City at Contractor's expense to repair the situation.
All construction areas shall be clearly marked with barricades, cones, plates, or other approved
safety markers to restrict access and provide a safe work environment for the Contractor and
station customers.
All site workers shall have loss prevention system (LPS) training and certification.
PSA Central Plume Year 2 0&M 2012_ExA.doc 2 03116112
Payment The lump sum price paid for Health and Safety shall include all labor, materials, tools
and equipment to submit a site safety plan and compliance both on and off the job site and no
additional compensation will be allowed.
Start Up and Maintenance and Operations Manual
As part of the work required under this item, the Contractor shall prepare a draft and final
manual. The draft manual shall be completed prior to start up and in sufficient time to permit 14
day review by the City. The final manual shall incorporate all review comments from the City
and the design team. An addendum to the final manual will include input from operators during
the first year of operation. Manual must meet Regional Water Quality Control Board
requirement and approvals.
The Startup and Operations and Maintenance Manual shall include written procedures, set
points, configuration parameters, instrument calibration ranges, and a detailed troubleshooting
guide for all the equipment provided by the Contractor. A maintenance and calibration
schedule for all equipment should also be included. The manual shall also include forms to be
completed by the operator monthly, detailing the operation of the system and its components
with regard to number of wells in operation, number of days of operation, quantity of
groundwater or vapor extracted, and average groundwater or vapor extraction rate.
The Startup and Operations and Maintenance Manual (O&M) shall be organized as follows:
1. Introduction - A description of the remediation site, extent and type of contamination issues,
short history of decision making that lead to the remediation effort, identification of lead
agency, approved remediation system description, and a description of the O&M activities.
2. Site Components - A listing of each component by name and number and a detailed
description of how they function and will be maintained.
3. Treatment System Procedures - This section will detail start up and shut down procedures
for the operator, and monitoring and sampling procedures.
4. Permits — This section will include a detailed description of the governing permits of the
remediation and a listing of who is responsible for each aspect of compliance with the
permit.
5. Performance Evaluation — This section details the reporting requirements for the operation
and status of the remediation system.
6. Corrective Measures — This section will detail how the operator shall respond to routine and
unexpected maintenance events, as well as unexpected changes in contaminant levels. A
listing of alarm situations and corrective measures shall be detailed herein. A statement
indicating what the response and repair time will be for various items of work shall also be
included.
7. Detailed description of sampling procedures, including containerization, sampling, chain of
custody, QA/QC details, disposal of samples, and forms for transmittal of results to the
engineer.
8. Site safety plan and records indicating that employees and/or subcontractors have been
trained in accordance with the plan.
9. References —A listing of governing agencies, work plans, action plans, and clean up orders
shall be detailed here.
10. Plans and specifications for the construction of the Remediation System.
11. List of names and phone numbers of personnel critical to the maintenance and operation of
the remediation system.
PSA Central Plume Year 2O&M 2012_ExA.doc 3 03/16/12
The lump sum contract price paid for the bid item "Start up and Maintenance and Operations
Manual' shall include all labor, materials, tools, and equipment to complete the work to the
satisfaction of the City and other agencies governing the cleanup operation, and no additional
compensation shall be allowed.
Operations Project Management
This item shall include all appropriate labor, materials, tools, and equipment to provide project
execution and oversight to the Maintenance and Operation work, with special consideration for
health and safety issues. The work shall also include attention to and response to questions
from the City, the public, and controlling and regulatory agencies. The bidder shall review and
refer to the EPA document "Elements of Effective Management of Operation of Pump and Treat
Systems" http://www.clu.in.org for details on the following topics that shall be included in project
management:
Prepare reports and recommend changes to system
System goals and exit strategy
Evaluate performance and effectiveness of system
Evaluate cost effectiveness
Compliance with policies and regulations
Interpretation of process monitoring data
Verification that discharge standards are being achieved
Compare design parameters with actual parameters
Collection and reporting of accurate and reliable data
Review and record changes to process monitoring
The (per month) fee for project management shall be based upon providing the above
mentioned tasks as required, and no additional compensation will be allowed.
Contractor shall include a proposed monthly cost for year 2 for maintenance, operations,
testing and reporting. This price shall be used should the City wish to continue using
the contract services beyond the current contract duration. Amount is NOT to be
included in the guaranteed maximum price.
Note: The requirements of Sections 147 and 148 apply to the entire treatment facility:
Ground water and soil vapor systems.
Groundwater Sampling and Analysis
The contractor shall provide all labor, materials, tools and equipment to gather, package,
transport, analyze, properly dispose of, and provide report of results for each groundwater
sample. The samples shall be tested as per method 8260B at an approved laboratory.
Typically a grouping of:
6 samples/month (year 1)
4 samples/month (years 2 and 3)
2 samples/month (years 4 and 5)
will be taken during a M&O visit. The number of samples is an estimate and may change as
required by the engineer or other controlling agencies. Whether the sample gathering
coincides with M&O visits or is accomplished by the same personnel is up to the economies of
PSA Central Plume Year 2 O&M2012_Exkdoc 4 03/16/12
the Contractor. The contract price paid per sample shall include full compensation for doing all
the work defined above and no additional Compensation will be allowed.
Provide Analytical Results and Field Measurements to Engineer
As detailed in the M&O Manuals for either the Ground Water Extraction (GWE) or the Soil
Vapor Extraction (SVE) units, the Contractor shall provide field data and measurements, and
sample analysis results to the City's consulting engineer, Treadwell and Rollo. At this point, the
information may be transmitted by hard copy or electronically; no specialized computer
programs will be required to process and deliver the results.
The contract price paid for each (monthly) transmittal of analytical results and field
measurements shall include full compensation for providing all labor, materials, tools and
equipment and no additional compensation will be allowed.
Utilities — Information Onl
Electrical, sewer, storm drain, natural gas, telephone and other related monthly utility charges
that may be applicable to the operation of the GWE and SVE units will be paid directly by the
City.
1 1/2 Horsepower Submersible Pump Svstem 15 Horsepower Submersible Pump System
The contractor shall provide a price for replacing (in kind) each of the complete submersible
pumping units, at the end of their useful life. These are continuous duty units, where their
service life is estimated to be between 5,000 and 10,000 hours (1 to 2 years). The price shall
include all labor, materials, tools, equipment, permits, pump, motor, drop pipe, drop wire, and
control box to remove and replace each of the submersible pump systems and no additional
compensation will be allowed.
Granular Activated Carbon (GAC) (Liquid Phase) / Granular Activated Carbon (Vapor
Phase
The Contractor shall provide a price per pound for GAC for both the liquid phase and vapor
phase treatment units. Typically, the liquid phase change out of spent carbon will be for one (1)
3,000 pound vessel and the vapor phase will be for one (1) 8,000 pound vessel at a time.
Several "change outs" may be required in the first year.
The contract price paid per pound for GAC (liquid phase) and GAC (vapor phase) shall include
all labor, materials, tools, equipment, replacement carbon (GAC), documentation of and proper
disposal of or regeneration of spent carbon, transportation to change out spent carbon, and
supply new or regenerated GAC matching the specifications of the engineer and no additional
compensation will be allowed.
Non -Routine Maintenance and Repairs
Non -routine maintenance shall be defined as mechanical, electrical or site repairs that are not
covered by items or sections in the M&O Manual. The Contractor shall provide to the City, on
an approved call out basis, appropriately trained craftsmen to assess the repairs required,
determine the most advantageous method to complete the work, and then report back to the
Contractor and the City for approval and direction. There are no minimum hours on call outs,
PSA Central Plume Year 2 O&M 2012_ExA,doc 5 03/16/12
and billable hours are only hours on the job and do not include travel time as billable hours.
The amount paid shall be equal to the prevailing wage rate for the category of labor,
burden, direct cost of parts and/or materials used, sales tax; and a total 15% markup.
The contract price paid (per hour) for non -routine maintenance and repairs shall include full
compensation for furnishing all labor, tools, and equipment required to assess the needed
repairs, make the repairs, if possible, and or record a course of action for repairs, and no
further compensation will be allowed.
Waste Disposal (Knockout Drum Water)
The contract price paid per gallon for disposal of knockout drum water shall include full
compensation for collection, transportation, documentation and proper disposal Cf water
accumulated in the 500 -gallon knockout storage drum as detailed in the M&O Manual and as
required by the operator of the treatment system, and no additional compensation will be
allowed.
GAC Vapor Sampling and Testing by T015
The Contractor shall provide all labor, materials, tools and equipment to gather, package,
transport, analyze, properly dispose of, and provide report of results for each vapor sample.
The samples shall be tested as per method T015 at an approved laboratory. Typically a
grouping of:
4 samples per week (year 1
4 samples biweekly (years 2 and 3)
4 samples per month (years 4 and 5)
will be taken during a visit. The number of samples is an estimate and may change as required
by the engineer or other controlling agencies. The contract price paid per sample shall include
full compensation for performing the work as described above and no additional compensation
will be allowed.
Subcontractor List
Operations, Maintenance, Sampling and Reporting:
WGR Southwest, Inc.
315 West Pine Street, Suite 8
Lodi, CA 95240
Granular Activated Carbon:
Mako Industries, LTD
831 N Street
Livermore, CA 94551
PSA Central Plume Year 2 O&M 2012_ExA.doc 6 03/19/12
Item Description
Y2-1 Year 2 Operation, Maintenance, Sampling and
Reporting
Y2-2 Liquid System Granular Activated Carbon GAC
Y2-3 Vapor System Granular Activated Carbon GAC
Y2-4 Waste Disposal Knockout Drum Water
Total Year 2 Operation, Maintenance, Sampling
and Reporting
Fee Proposal
�.I Unit Unit Price
12 1 Month $4,080.00
36.000 1 Pound I $3.23
96,000 1Pound $4.06
1.X16 I Gallon 1 $3.87
Exhibit B
Total Reference
RWQCB and SJVAPCD Reauirements
$116,280.00 6-153
$389,760.00 6-153
$3,870.00 6-161
$558,870.00 Total of items Y2-1 — Y2-4. This amount,
divided by 12, should be the same
amount entered on RFP Part B as the
Year 2 monthly cost.
Exhibit C
CITY OF LODI
221 West Pine Street, P.0. Box 3006, Lodi, California, 95241-1910
INSTRUCTIONS/REQUIREMENTS FOR INSURANCE COVERAGE
All contractors/developers who have contracts or agreements with the City are required to carry general
liability/automobile insurance.
2. A duplicate or certificate of insurance shall be delivered to the City prior to starting any work on a project.
3. Each certificate shall contain satisfactory evidence that each carrier is required to give the City of Lodi
notice 30 days prior to the cancellation or reduction in coverage of any policy.
4. The insurance certificate must state, on its face or as an endorsement, a description of the project that it is
insuring.
5. All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements, and shall specifically bind the insurance carrier.
6. The CITY OF LODI, ITS ELECTED AND APPOINTED BOARDS, COMMISSIONS. OFFICERS, AGENTS,
EMPLOYEES AND VOLUNTEERS must be named as additional insured as an endorsement attached to
the certificate of insurance. (T -1E CITY OF LODI, ITS ELECTED AND APPOINTED BOARDS,
COMMISSIONS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS MUST BE NAMED THE
ADDITIONAL INSURED.I
7. Both the street address and the post office box of the CITY OF LODI must be shown along with Number 6
above: 221 West Pine Street, P.O. Box 3006, Lodi, California, 95241-1910.
8. In addition to the additional named insured endorsement on the policy of insurance, said insurance policy
shall be endorsed to include the following language:
"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 coinsurance afforded by this endorsement."
9. The minimum limits of such insurance shall be $5,000,000 Bodily Injury each occurrence/aggregate, or
$10,000,000 combined single limit.
Automobile insurance $1,000,000: Contractors must carry automobile insurance.
Pollution Liability: $5,000,000per occurrence and $10,000,000 aggregate.
Professional Liability (Errors & Omissions): $1,000,000per claim.
10. If the limits of coverage are not the amounts specified in Number 9 above, and/or if the City is not named
as an additional insured on the attachment to the certificate of insurance, and/or if the primary insurance
endorsement is not attached, the City will not accept the certificate and a corrected certificate must be
furnished to the City.
11. Contractor/Developer agrees and stipulates that any insurance coverage provided to the City cf Lodi shall
provide for a claims period following termination of coverage which is at least consistent with the claim
period or statutes of limitations found in the California Tort Claims Act (California Government Code
Section 810 et seq.).
12. "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.
13. No contract agreement will be signed nor will any work begin on a project until the proper insurance
certificate is received by the Public Works Department. Please be sure your insurance company sends
this certificate to the attention of the Public Works Department.
J: FORMS 1NSURANC_2. DOC Rev. 8/30/02
1, AA#
2. JV#
— L1 lt4P1 i 101 —vwca u NL. _ uuuycL v v 10-11
.3. FROM: Rebecca Areida-Yadav 15. DATE: 0311612012
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Professional Services Agreement and extenstion with Diede Constructionfor operations and maintenance services.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: , Res No: / Attach copy of resolution to this form.
Department Head Signature:
0-5P, 1%A SIGNdTURES;'
Q . F
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approvalwill be provided in electronic copy format.
FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT
A.
190 3205 Fund Balance $ 558,870.00
SOURCE OF
FINANCING
B.
190 190121 7323 PCE Remedial Measures $ 558,870.00
USE OF
FINANCING
Please provide a description of the project, the total cost of the project, as well as justification for the
requested adjustment. If you need more space, use an additional sheet and attach to this form.
Professional Services Agreement and extenstion with Diede Constructionfor operations and maintenance services.
If Council has authorized the appropriation adjustment, complete the following:
Meeting Date: , Res No: / Attach copy of resolution to this form.
Department Head Signature:
0-5P, 1%A SIGNdTURES;'
Q . F
Deputy City Manager/Internal Services Manager Date
Submit completed form to the Budget Division with any required documentation.
Final approvalwill be provided in electronic copy format.
RESOLUTION NO. 2012-32
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
CITY MANAGER TO EXECUTE PROFESSIONAL SERVICES
AGREEMENT AND EXTENSIONS FOR OPERATIONS AND
MAINTENANCE SERVICES OF CENTRAL PLUME PCE/TCE
GROUNDWATER EXTRACTIONAND TREATMENT SYSTEM
AND FURTHER APPROPRIATING FUNDS
WHEREAS, the Central Plume PCE/TCE Remedial Measure Project was awarded to
Diede Construction, Inc., of Woodbridge, on March 7, 2010, and consisted of the design,
construction, one-year operation and maintenance of a groundwater extraction and treatment
system, and a soil vapor extraction and treatment system; and
WHEREAS, staff recommends exercising the option provided in the original bid
documents for Diede Construction, Inc., to continue providing maintenance, operations, testing
and reporting services for the treatment facility; and
WHEREAS, staff further recommends that the City Manager be authorized to negotiate
and execute annual extensions of the Professional Services Agreement with Diede
Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with
Diede Construction, Inc., of Woodbridge, California, in the amount of $558,870, for operation
and maintenance services of the Central Plume PCE/TCE groundwater extraction and treatment
system; and
BE IT FURTHER RESOLVED that the City Council does hereby authorize the
City Manager to negotiate and execute annual extensions of the Professional Services
Agreement with Diede Construction, Inc., for operation and maintenance services of the Central
Plume PCE/TCE groundwater extraction and treatment system; and
BE IT FURTHER RESOLVED that funds in the amount of $558,870 be appropriated
from Central Plume Settlement Funds.
Dated: April 4, 2012
------------------------------------------------------------=-----------
------------------------------------------------------------------------
I hereby certify that Resolution No. 2012-32 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 4, 2012, by the following vote:
AYES: COUNCIL MEMBERS — Hansen, Johnson, and Mayor Mounce
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Katzakian and Nakanishi
ABSTAIN: COUNCIL MEMBERS — None
AL�J'OHL'
City Clerk
2012-32