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HomeMy WebLinkAboutAgenda Report - August 20, 2014 C-12AGENDA ITEM COO 120 CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Stantec Consulting Corporation, of Rancho Cordova, and Appropriating Funds ($19,000) MEETING DATE: August 20, 2014 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Stantec Consulting Corporation, of Rancho Cordova, and appropriating funds in the amount of $19,000. BACKGROUND INFORMATION: On April 17, 2013, City Council approved a Professional Services Agreement (PSA) with Stantec Consulting Corporation (Stantec) to provide groundwater monitoring and reporting services for the Central, Western and Southern plumes. Stantec has been providing related services to the City for the past five years with excellent results. On August 7, 2013, City Council approved Amendment No. 1 to include in the scope of work provisions for well maintenance and repair, replacement of sample bag support harnesses, updating GeoTracker information for older wells being added to the monitoring program, and other miscellaneous services related to the monitoring wells. Based on the City's prior experience with the monitoring and reporting program, it is prudent to include in the scope of work an evaluation of the 15 existing Western and Southern plume wells for well head maintenance/ repairs; repairs and maintenance as identified in the evaluation; an evaluation of the integrity of sample bag suspension harnesses in existing Central Plume wells; procurement and deployment of new sample bag harnesses as needed for Central Plume wells; update the necessary data for existing and proposed Western and Southern plume wells for compliance with GeoTracker requirements; and additional unanticipated out -of -scope work as requested by the City. These services will be provided on a time and material basis for up to $12,000 for the next year. As part of the Central Plume System Closure Work Plan, monthly groundwater samples will be taken and analyzed from seven monitoring wells that are currently in the Monitoring and Reporting Plan executed by Stantec. These sampling events will occur between the third and fourth quarter regular sampling performed by Stantec. It is most cost effective for Stantec to perform this work due to its familiarity with the locations and depths of these monitoring wells. The additional cost for the work plan sampling is $7,000. Staff recommends approving the amendment presented in Attachment 1 to the Stantec PSA to provide these services on a time -and -materials basis for an amount not to exceed $19,000 over the next 12 months or when the funds are spent, whichever occurs first. FISCAL IMPACT: FUNDING AVAILABLE FWS/pmf Attachment Costs are funded by PCE/TCE Cleanup Funds. Requested Appropriation: PCE/TCE Cleanup Funds (185): $19,000 Deputy City M APPROVED: er/Internall,Services Director F. Wally6Sandelin Public Works Director (City Manager K:\WP\PROJECTS\WATER\PCE,TCE\2013 RFP\CStantecAmend2.doc 8/4/2014 AMENDMENT NO. 2 Stantec Consulting Corporation Professional Services Agreement THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of August, 2014, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY'), and STANTEC CONSULTING CORPORATION (hereinafter "CONSULTANT'). WITNESSETH: 1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement (Agreement) on April 30, 2013, and Amendment No. 1 on August 12, 2013, as set forth in Exhibits 1 and 1A, respectively (attached). 2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 3 (attached); and 3. WHEREAS, CONSULTANT agrees to said amendment; NOW, THEREFORE, the parties agree to amend the Scope of Services and Fee as set forth in the Agreement and Amendment No. 1 as Exhibits 1, 1A and 3, respectively. All other terms shall be as set forth in the Agreement. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment No. 2 on 12014. CITY OF LODI, a municipal corporation STANTEC CONSULTING CORPORATION Hereinabove called "CITY' Hereinabove called "CONSULTANT' STEPHEN SCHWABAUER City Manager Attest: JENNIFER M. ROBISON, City Clerk Approved as to Form: JANICE D. MAGDICH r City Attorney : [� Name: Gary Haeck Title: Managing Senior Geologist Exhibit 1A AMENDMENT NO. 1 Stantec Consulting Corporation Professional Services Agreement THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of August, 2013, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and STANTEC CONSULTING CORPORATION (hereinafter "CONSULTANT'). WITNESSETH: 1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement (Agreement) on April 30, 2013, as set forth in Exhibit 1 (attached). 2. WHEREAS, CITY requested to amend said Agreement as set forth in Exhibit 2 (attached); and 3. WHEREAS, CONSULTANT agrees to said amendment; NOW, THEREFORE, the parties agree to amend the Scope of Services and Fee as set forth in the Agreement as Exhibits 1 and 2, respectively. All other terms shall be as set forth in the Agreement. IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Amendment No. 1 on 2013. CITY OF LODI, a municipal corporation STANTEC CONSULTING CORPORATION Hereinabove called "CITY' Hereinabove called "CONSULTANT' - Ar. K RADT BARTLAM Name: ^ - City Manager Title: l � � q n q q i n �j Senior Cr,eo Attest: RANDI JOHL-OLSON, City Clerk Approved as to Form: Exhibit 1 AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1' Parties THIS AGREEMENT is entered into on u , by and between the CITY OF LODI, a municipal corporation (hereinafter CITY"), and STANTEC CONSULTING CORPORATION (hereinafter'CONSULTANT"). Section 1.2 Purpose CITY selected the CONSULANT to provide ground water monitoring/reporting services. CITY wishes to enter into an agreement with CONSULTANT for GROUND WATER MONITORING/REPORTING SERVICES project (hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scope of Services CONSULTANT, for the benefit and at the direction of CITY, shall perform the scope of services as set forth in Exhibit A, attached and incorporated by this reference. Section 2.2 Time For Commencement and Completion of Work CONSULTANT shall commence work within ten (10) days of executing this Agreement, and complete work under this Agreement based on a mutually agreed upon timeline. 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 not be counted against CONSULTANrs 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 2.3 Meetinas CONSULTANT shall attend meetings as indicated in the Scope of Services, Exhibit A. CA/Clty/Contracts/ConsultkQMublfc Works/PSA - Stantec 2013.doc I Section 2.4 Staffina CONSULTANT. acknowledges that CITY has relied on CONSULTANTs 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 CONSULTANTS 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 2.5 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. Section 2.6 Term This Agreement shall begin on May 26, 2013 and terminate on May 25, 2015. City shall have an option to extend this Agreement for an additional two years on the same terms as set forth herein by giving CONSULTANT written notice 30 days prior to the expiration of the initial term, t 3 I j� i - I CA/CVContract91ConsuK1ng/Publ1c Works/PSA- Stantec 2013.doc 2 ARTICLE 3 COMPENSATION Section 3.1 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 3.2 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 a 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 3.3 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 3.4 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 1 fumish 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 3 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 i three (3) years after final payment under this Agreement. CA/City/Contracts/ConsulGng/Publlc WaftIPSA - Stantec 2013.doc 3 i E f 4 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 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 4.2 Responsibility for Damage 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 T 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 CONSULTANTS 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 i damage incurred by the CITY, including but not limited to, claims for loss of use, loss of profits and loss of markets. ' r CA/City/Contracts/Consuhing/Pubilc Works/PSA - Stantec 2013.doc 4 = 4 Section 4.3 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 4.4 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 4.5 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 l 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 CA!City/Contracts/ConsuRing/PubGc Works/PSA - 5gntec 2013.doc 5: $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. 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 under written Agreement with CITY. (This endorsement shall be on a form fumished to CITY and shall be included with CONSULTANTS 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 4.6 Worker's Compensation Insurance CONSULTANT shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all of CONSULTANTS employees employed at CA/City/Contracts/Consul0ng/Public WorkslPSA - Stantec 2013.doc 6 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 tatter's employees unless such employees are covered by the protection afforded by the 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 for 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 4.7 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 4.8 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 4.9 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 Kigore Road, Ste. 100 Rancho Cordova, CA 95670 CA/City/Contracts/ConsulGng/Public Works/PSA - Stantec 2013.doe 7 Section 4.10 Cooperation of CITY CITY shall cooperate fully in a timely manner in providing relevant information that it has at its disposal. Section 4.11 CONSULTANT Is Not an Employee 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 4.12 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 an 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 City has committed material breach of this Agreement. Non- payment of the CONSULTANT's invoices will be considered a material breach of this Agreement. Section 4.13 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 4.14 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 4.15 Integration 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. CA/City/Contracts/Consulgng/Public Works/PSA - Stantec 2013.doc 8 r f Section 4.16 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. 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 Authority The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. Section 4.19 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. s CA/City/Contracts/Consulting/Public Works/PSA- Stantec 2013.doc 9 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. ATTEST: RAND City Clerk APPROVED AS TO FORM: City Attorney Dated: ' Attachments: Exhibit A — Scope of Services Exhibit B — Fee Proposal Exhibit C — Insurance Requirements CITY OF LODI, a municipal corporation By B RRTLAM City Manager STANTEC CONSULTING CORPORATION l By: AM GRASTY Its: Managing Priv CA/City/ContracWConsulkng/Public Works/PSA - Stantec 2013,doc 10 Exhibit A SCOPE OF SERVICES To complete the Scope of Services, Stantec proposes the following tasks: Task 1: Project Management and Preparation of Health and Safety Plan Task 2: Monitoring and Sampling Task 3: Analytical Program Task 4: Reporting Task 1 — Project Management and PAWraWn of HeaM4 and Safety Plan Stantec will perform normal project management responsibilities including, but not timiled to, budget tracking, Invoicing, sub- contracting and payment for analytical laboratory services, and communication with the client as well as the RWQCB (when requested) . Our services also Include attending a kickaff meeting and quarterly project meetings. All field activities, Including quarterly PDB deployment, depth to water measurements, and PDB sample retrieval will be properly scheduled in advance with the appropriate City personnel. As required, Stantac will perform necessary coordination with the City and the City's contracted laboratory ( Moore Twining Associates, Inc. of Fresno, California) to obtain the analytical data for water supply wells No. 02, No. 06R, and No. 08 sampled by the City's Water Division. Prior to commencement of field work, a site-specific Health and Safety Plan (HASP) will be prepared for the project as required by the Occupational Health and Safety Administration (OSHA) standard guidelines (29 CFR 19to.120), and by California Occupational Health and Safety Administration (Cal -OSHA) guidelines (CCR Title 8, Section 5192). Prior to performing any fieldwork, the HASP wilt be updated with appropriate field personnel and potential subcontractor information. The field staff and any potential contractors will review and sign the HASP before beginning field operations at the she. Task 2 — Monfiorft and Sampfmg Monitoring and sampling will be conducted for two years, beginning second quarter 2013 and extending through the first quarter 2015. Monitoring and sampling activities will continue to be conducted at Central Plume wells in accordance with MRP Order No. R5-2008- 0813. In addition, existing and proposed monitoring wells associated with the Western and Southern Plumes will also be monitored and sampled in accordance with the MRP and RFP Exhibits A through D. Sampling of the Western and Southern plume monitorfng wells is scheduled to begin third quarter 2013. These additional wells are Identified In Treadwell and Rollo's MR) February 1, 2011 Groundwater Monitoring Program Plan for dhe Wastem and Soub4em Plume Areas (RFP Exhibit B) and subsequent T&R documents. Per MRP Requirement (b), Page 3, PDB samplers are to be used in all monitoring wells, as such, typical indicator parameters (pH, electrical conductivity, and temperature) normally collected during well purging are not applicable. Per the RFP and Exhibit B of the RFP, depth -to -groundwater will be measured quarterly to the nearest 0.01 foot in all accessible wells (73) and recorded on Stantec's Groundwater Gauging Form and Groundwater Sampling Form for Pass" D/ffuslan Bags (Examples of these forms are included in the sample report included as Appendix B). it is noteworthy that the RFP indicates groundwater samples will be collected quarterly from 74 wells. Per the MRP and RFP Exhibit B, the total number of wells in the program will be 73; well MW -19 (fisted in Table 5 of Exhibit B) was already included in the Central Plume program as a gauge only well. Wells to be sampled each quarter (beginning third quarter 2013) Include 41 quarterly, 49 semi-annually, and 69 annually In accordance with the schedule presented below. The table above is modified from the MRP and includes information from the monitoring program outlined In Tables 4 and 5 of RFP Exhibit B to Indicate the respective number of samples collected during the quarterly, semi-annual, and annual sampling events. The PDB samplers are deployed at depths within the screened intervals a minimum.of two weeks prior to sample retrieval 'to provide adequate time to equilibrate. Typically, the PDBs to be collected in a given quarter will be deployed during the previous quarterly monitoring and sampling event. The PDB deployment depths for Central Plume wells will continue at the some depths as the last four years and the deployment depths for the Western and Southern Plumes will be based on Tables 4 and 5 of RFP Exhibit B. The City currently uses 18 -inch length sample bags (variable diameters are available). Special pre Is taken to avoid potential =ss -contamination of the PDB, hanger assembly, and suspension cable during deployment also to ensure that the sample deployment cables are straight, and the PDB does not lodge In the casing prior the reaching the required depth. The PDB samplers can be procured pre -filled from the manufacturer or may be tilled In the field with laboratory -supplied deionized water. Eon Products Inc. and Colombia Analytical Services are the bro main suppliers of PDB samplers and suspension equipment. The PDB sample for a given well is retrieved from the well and immediately dispensed into at least three, laboratory -prepared, 40 -milliliter volatile organic analysis (VOA) sample containers with pre-complated sample labels. Appropriate sampling protocol for preparing sample -splits ( minimum tan percent duplicates) is employed to maximize reproducibility of analyte concentrations within the three containers and duplicates. The samples are immediately placed in an Iced -cooler for delivery under appropriate chain -of -custody protocol to a special tam rS taken to avuH pOfenbs/ ossa-contaminaban of ft PDB, hanger assembly, and BOspanskm cable dudhrg deployment. California -certified analytical laboratory. The sample collection time and date, sample depth, groundwater depth, depth to well bottom, sampling technician's name, other relevant Information, and if a duplicate was collected from. the well are recorded on Stantec's Groundwater Sampling Form for Passive DiRusfon Bags Depth -to -groundwater Is measured prior to PDB retrieval and depth to well bottom measured following PDB retrieval. For costing purposes, Stantec wr11 assume Uta same level of effort and accessibility to the Western and Southern Plumes wells as has been required during compleflan of the Central Plume program. Stantec will also assume that any needed access agreements are In place with the owners of the property where the Western and Southern Plume wells are located. Preliminary review of the SA and OS series well locations appear to indicate they are located on private property. Task 3 - Aaai, cal Program and Quaiay Assaranae/owhfy Conoul The analytical program will be completed In accordance with MRP Order No. RS -2008-0813. Samples will be analyzed by a Califomla-certified analytical laboratory using U.S. Environmental Protection Agency (EPA) sample preparation Method 50308 and EPA analytical Method 82608. For consistency with previous analytical program, in addition to an 82608 full -spectrum scan, methyl tertiary butyl ether (MTBE), carbon disulfide, and acetone will also be reported. Quality assurance and quality control (QA/QC) protocol are not specified in the RFP or MRP, in Stantec's PDB sampling programs, typically ten percent of the total number of samples retrieved are analyzed as QA/QC duplicate samples and one trip blank per cooler Is also analyzed. Although not required, Stantee also recommends analysis of a representative field blank of the laboratory -grade detonaed water within the PDB sampler. In addition to Level II QA/QC procedures used by the analytical laboratory, the relative percent difference (RPD) between the primary and duplicate samples will be calculated and documented In the moniborfng reports. Task 4 - Data Analysis, Rapartbtg, and GOOTracrker &Atm tai Quarterly data analysis, reporting, and GeoTracker submittal will be performed for two years. Stantec currently maintains the City's EQuIS chemical database containing historical analytical date for the Central Plume wells. Stantac requests that the City provide Excel files with the historical analytical and depth to groundwater data for the Western and Southern Plume wells to be added to the sampling program in third quarter 2013. These historical data will be added to the City's chemical database and are critical to proper Interpretation of analyte concentration trends. Each quarter, the project's California -certified analytical laboratory will provide a GeoTracker compatible Electronic Date Deliverable (EDD) for uploading to GeoTracker and an EQuIS compatible EDD for addition to the project database. Stantec's Information Management Systems Group has prepared a document entitled Laboratory Standard Operating Procedures, which details a thorough series of EDD Loral and quality checks and is provided to the analytical facility. The EDDs will be processed through a rigorous set of electronic quality checks and procedures before being Imported into the database. Subsequently, a random ten percent of all samples will be checked for completeness and accuracy against the laboratory PDF and field notes. Another ten percent of the samples will be checked at the peer - review stage. By Importing the data electronically and automating the process, data Integrity and quality is significantly improved. A variety of software tools and applications are used by Stantec to create the MRP -required tables and figures for quarterly and annual reports. Our project team determines the best applications and tools for the project dataset, which may include ArcGIS, Manifold, Surfer, Envirolnsite, etc., and which may evolve as new applications are developed. Stantec assumes that all well construction details, historical water elevation, flow, and gradient data for the Western and Southern Plume wells will be provided in Excel flies for inclusion in the database and generation of the MRP -required tables. If some of these datasets are not currently available electronically, Stantec may also be able to work with scanned or PDF datasets, however this Is not part of the scope as defined In this proposal. Following the generation and QA/QC of the required tables and figures, Stantec' scientists will evaluate the data and prepare the narrative describing sampling methods, QA/QC dath, comparisons with regulatory staddards, concentration and elevation ' trends, gradient data, and plume delineation. Quarterly and annual reporting will be completed In accordance with MRP Order No. R5-2008-0813. First, second, and third quarter reports will be submitted by May 1st, August 1st, and November 1s4 respectively. The fourth quarter and annual report will be submitted by March let. Reports will be submitted to the City In draft form for review by the City two weeks prior to the above submittal dates. Revised reports Incorporating mutually agreeable comments will be submitted to the RWQCS within one week of receiving City comments and by the above prescribed submittal dates. Historical monitoring reports for the Central Plume, submitted prior to second quarter 2009 when Stantec began preparing them, were not in full compliance with MRP requirements. There were several MRP reporting requirements omitted. Most Important was Requirement (f), Page 4, which required: "A table showing historical... vertical (if applicable) flow directions and gradients.' Chemicals are currently detected in four groundwater zones and vertical gradients control the migration of groundwater contaminants between the different zones. The City has previously Installed Oen mulgple-aquifer well clusters to allow calculation of vertical gradients. These data are critical to evaluating the spatial and temporal concentration trends and monitoring remedial methods. Stantec monitoring reports are in full compliance with the MRP and now Include Table 6, Recent and H/stodcal Ver0'cal Groundwater Gradient Data and a discussion of vertical gradients. The RW= now has separalb GeoTiadrer sites for the Weswm and Soud4em Plumes and netatier of &am sidrs is In aomplmaaei WO Georredfer submf if require -15. In compliance with the requirements or the Cal"ifomla Code of Regulations, Title 23, Division 3, Chapter 30, Stantec's quarterly monitoring reports (and EDD's of quarterly analytical data) will be submitted electronically to the State Water Board GeoTracker database system. In 2009, Stantec reviewed and summarized the City's historical Central Plume EDDs on GeoTracker for missing data. Per the City's request, Stantec worked with the previous analytical laboratory to obtain and upload missing EDDs, bringing the Central Plume site Into GeoTracker compliance. The RWQCB now has separate GeoTracker sites for the Western and Southern Plumes and neither of these sites is in compliance with GeoTracker submittal requirements. Slane: will provide an estimated cost to work with the City and T&R to bring these sites into compliance. The MRP requires summaries of the remedial system performance in the quarterly and annual reports (Le, MRP Reporting Requirements [I] and [j] and Annual Reporting Requirement [e] ). Stantec wilt continue to work with the City's current remedial consultant that operates the soil vapor extraction (SVE) and groundwater extraction and treatment (GWET) systems to provide the required remedial summary in the quarterly and annual monitoring reports. As an option for the City, Stantec can deploy a web portal site for project management and data access by the City Project Team. The portal can provide resources to coordinate activities, transfer documents, maintain schedules, etc., and will be enabled for data access and GIS so that the City can query Information relating to water levels, field parameters, and laboratory water quality analyses at any time in a user friendly format. m XX W 0 LO N O �y .Z%o V N U) CD v d N a) S O m C R C .Q E R co O) C O rr O H ro `m R a R d H m m CL v w C jg to EXHIBIT C JUSUM as Reelraments tear COg) The ConmmAor shad take out and maintain during the Ilia Oftfds:car►tract, ran insuae coverage as Mftd below, These. InsumnO.0 poimis "..l protect Contractor and my subcontracW.r parforirifng work covered by this ocnt act tram dalms for.dwMes for personal Injury, holtmiing aaaiderrfal death, se wren as from dalmsfor property: afameges. which may adse from Gantrsr�ofe crperatlons holder this oantu* whether such operations be by Coniracsor. cr by any �r or by Vons dlredly or Inditecdy employed t+Y sutler at them, and theamount of such Insurance shall be as tollowss: 1. COMPREHENSIVE GENERAL LIABILITY 2. COMPREHENSIVE AUTOMOBILE LIABILffY $1,000,000 Ea. Occurrence $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Aggregate $1,000,000 Property Damage - Ea.Occurrence 3. PROFESSIONAL LIABILITY $1,000,000 Ea. Occurrence NOTE: Contractor agrees and sb1pull.0m thilt WT hh:tunance coverage provided to the City of Lodi shall provide for a claims period following termination of. oovat'age.Which Is at least consistent with the claims period or statutes of limitations found in the California fart Clairm Ad (C�allforrtia Government Code Section 810 et seq.). NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) above: 221 West Pine Street, Lodi, California, 95241-1910, (2) The Insurance certificate must state, on Its face or as an endorsement, a description of the 2MLect that it is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Such Inst►r oo as is afforded by thlapolicy shall also apply to the City of Lodi, its elected and appointed Boards, CgMmissione, CBtaeM Agents, Employees, and Volunteers as additional named Insureds. (This endorsement shall be on a form furnished to the City and shall be Included with Contractor's policies.) (b) Such insurance as is 8fforded by the endorsement for the Additional Insureds shall apply as primary insurance. Any other Insrarartce malydained by the City of Lodi or Its officers and employees shall be excess only and not ookc4n lfig with the Insuwoe atkuded by this endorsement. (c) sev"uh of irsterest Cieuse The ten "Insured" is.usW severally and not collectively, but the Incluslon herein of more than one insured shall riot operate do inq We the Omit of the company's liability. (d) Csn"ment .This poncy may, riot be oanpeted nor the Coverage reduced by the company without 30 days' prior written notice Of such oenoelwort or reduction 10 DOWS a to the frisk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. Tho Contractor shall two out and malrs>* duriing :tile we of this aarmraat. Woe"es Compensation prance far iii:4 Contract es ompk yeas "gMp*W at the site of the project arid, If any, work Is autolet, ContrwOr shall require the suboontra:ew alnrllsi to provkte workefe Compensation Ittauranoe.for ad of the latter'$ empioyees unless such wgkpes are omrafty the pratsctlan atrfardsd by the Gonlraator. in Daae any ohm of employees engaW ire hazardous worst under lhis contractatlhe site of the pmjad is not prntoutetl under the Workefa Compensation . St OWSk the Contn otar shd.provide and shall cause each t#ubcamradw to provide Irtsuranos for the protection of said employees. This policy .may not be canceled tear the cwarage reduced by`the company wlahoutSo days' prior written notice of such cancellation or redtaliion in aovaraga to -the Risk Manager. City of Lodi, P21 W. Pirw et., Lodi, LGA 85240. A Waterer- of 8.ubrag4tl0n 90101st the City of Lodi is required. NOTE: No contract agreement will be signed nor will any work begin an a project until the proper Insurance certificate Is received by the City. Exhibit 2 SCOPE OF SERVICES Amendment No. 1 Stantec Consulting Corporation Based on project history, Stantec's experience and current understanding of the additional monitoring wells and their sampling history,. a variety of out -of scope work will be required to keep: the project on track, GeoTracker.compliant, present the analytical data in the best light,. and keep the Regional Board satisfied. The additional monitoring wells are existing wells MW - 11, MWA 0.1 MW:181 QS -1, OS -2, and SA -1 through SA -1 0. and the new proposed wells WMW= 1A, WMW 1 B, WMW-1 C, WMW2A,. WMW 213, WMW 2C, WMW ZD, SlV W 1A, and SM -1-B. Preliminary review indicates necessary out -of scope work would include but is not limited to the following. 1. An evaluation of the 15 existing Western and Southern plume wells for well head maintenance/repairs and total depths to confirm construction. Some of these wells were constructed between 1997 through 2003, available data on well installation dates for others is limited. Most of these wells have been sampled sporadically over the years. 2. Complete needed repairs and maintenance as identified in above evaluation. 3. An evaluation of the presence or absence and integrity of PD13 suspension harnesses in the existing 15 existing Western and Southern plume wells (separate from above because of potential contamination issues). Several of the PDB harnesses in Central Plume wells were simple twine with marginal integrity that warranted replacement early in the 2009 to 2013 project. Where present with adequate Integrity,. confirmation is required of the correct deployment depths far well construction and consistency with Tables 4 and 5 of Regional Board -approved Western and Southern plume monitoring and sampling program. 4. Procurement and deployment of new PDB harnesses as needed for the 15 existing Western and Southern plume wells after determining the specifications of each. 5. Procurement and deployment of new PDB harnesses for the nine (9) proposed new Western and Southern plume wells. 6. Update for compliance with GeoTracker requirements the necessary data for existing and proposed Western and Southern plume wells. This requires GeoTracker submittal of Field Point Names for existing and new proposed Western and Southern plume wells prior to uploading new or historical data for these wells. This also requires submittal of the eastings, northings, and elevations for the existing 15 existing Western and Southern plume wells. Assuming Stantec is provided a GeoTracker compliant survey EDF for these wells, uploading these data can be performed for a nominal fee. However, the currently available surveyed coordinates for these wells cannot simply be uploaded as is to GeoTracker. Depending on timing and accuracy of the original survey as well as the capability and availability of the original surveyor to produce a GeoTracker compliant survey EDF, it may be necessary to resurvey these well to produce a properly certiffed and GeoTracker compliant EDF. Assuming Stantec is prov4ded a provided a K:\WP\PROJ ECTS\PSA's\AM END M ENT—Stantec—Attachment. doc GeoTracker compliant survey EDF of the eastings, northings, and elevations for the nine (9) proposed Western and Southern plume wells these will be uploaded to GeoTracker within the existing proposed budget. In addition, uploading all historical analytical groundwater data from existing Western and Southern plume wells would be required to document presumed anaerobic biodegradation of contaminants. Providing Stantec these data in electronic data would significantly reduce the cost to upload these data into the project database. 7. Depending on the installation date of the nine (9) new proposed wells, a separate PDB deployment event in advance of the first sampling event for the new and existing Western and Southern plume wells may be required. Installation of the proposed new wells may occur following the regular deployment of PDBs during normal quarterly sampling for retrieval during subsequent quarterly sampling. 8. Additional unanticipated out of scope work as requested by the City. FEE AND SCHEDULE The scope of services outlined above is based on Stantec's experience completing a similar scope of work on the 2009 to 2013 Central Plume Monitoring/Reporting Services project. Stantec estimates a time and materials budget of $20,000.00 for this scope of work. Stantec will perform these services in the most cost efficient manner possible. Additional out of scope work may be required and additional out of scope services may be requested by the M. The incurred costs will be influenced by the available. data., schedule, and details of services actually performed. The work is associated with the recently contracted Centrai, Western, and Southern Plume, Ground Water Monitoring/Reporting Services Project (Stantec Project Number 185702670). Stantec will establish a separate Out of Scope WorkYMIl Maintenance Task for these services to track costs associated with the scope of work outlined above and will invoice the City with the regular monthly invoices for this project. The work will be completed in accordance with the terms and conditions of the existing Professional Services Agreement approved by the City Council on April 17, 2013. Stantec will perform the services on a mutually agreeable schedule with the City as dictated by the evolution of the project and the City's needs. K:\WP\P ROJ ECTS\PSA's\AM ENDM ENT_Sta ntec_Attach ment.doc SC O PE O F SERVIC IES Amendment No. 2 Stantec Consulting Services Inc. Based on the project history and scope of services completed under the August 12, 2013 Amendment No. 1, Stantec's understanding of Western and Southern Plume wells and their sampling history, and the recent Regional Board -requested remedial rebound evaluation sampling, a variety of out -of scope work will be required to keep the project on track, and GeoTracker-compliant. The additional Western and Southern Plume monitoring wells include existing wells MW -11, MW -16, MW -19, OS -1, OS -2, and SA -1 through SA -10 and recently installed nested wells WMW-1A,B,C; WMW-2A,B,C,D; and SMW-1A,B. The rebound sampling will evaluate potential concentration rebound in eight (8) selected Central Plume wells associated with a Board -approved work plan for remedial system shutdown. Preliminary review indicates necessary out -of -scope work would include but is not limited to the following. 1. An evaluation of the 15 existing Western and Southern plume wells for well head maintenance/repairs. Some of these wells were constructed between 1997 through 2003, available data on well installation dates for others is limited. Most of these wells have been sampled sporadically over the years. 2. Complete needed repairs and maintenance as identified in above evaluation. 3. An evaluation of the integrity of PDB suspension harnesses in existing Central Plume wells (separate from above because of potential contamination issues). Several of the PDB harnesses in Central Plume wells were simple twine with marginal integrity that warranted replacement early in the 2009 to 2013 project based on initial input from T&R/WGR. Additional evaluation is now warranted. 4. Procurement and deployment of new PDB harnesses as needed for Central Plume wells determined to warrant replacement to insure sample integrity and correct deployment depths each. 5. Update for compliance with GeoTracker requirements the necessary data for existing and proposed Western and Southern plume wells. This also requires submittal of the eastings, northings, and elevations for the existing 15 existing Western and Southern plume wells. Assuming Stantec is provided a GeoTracker compliant survey EDD for these wells, uploading these data can be performed for a nominal fee. However, the currently available surveyed coordinates for these wells cannot simply be uploaded as is to GeoTracker. It will be necessary to resurvey these well to produce a properly certified and GeoTracker compliant EDD. In addition, uploading all historical analytical groundwater data from existing Western and Southern plume wells would be required to document presumed anaerobic biodegradation of contaminants. The Regional Board may also require historical EDFs to be uploaded to GeoTracker, currently only Excel files of historical data have been provided, not EDFs for uploading to GeoTracker. 6. Additional unanticipated out of scope work as requested by the City. 7. Complete a baseline and three (3) monthly remedial -rebound monitoring and sampling events of Central Plume wells G-04, G-05, G -o6, G -o8, G -1o, G -15A, MW -o9, and extraction well EW -6 The sampling will evaluate potential concentration rebound in the Central Plume associated with the Board -approved work plan for remedial system shutdown and evaluation monitoring. Page 1 of Amendment No. 2 Stantec Consulting Services Inc. FEE AND SCHEDULE The scope of services outlined above is based on Stantec's experience completing a similar scope of work on the 2009 to 2014 Monitoring and Reporting Services project and the associated August 12, 2013 Amendment No. 1. Stantec reviewed the costs incurred to date for Out of Scope work completed under Amendment No. 1. It was determined that much of the incurred cost to date were "Additional unanticipated out of scope work" included under Item No. 6 above. Stantec estimates a time and materials budget of $12,000.00 for the scope of work outlined under Item No. 1 through Item No. 6 above. Based on Stantec's understanding of the Board -requested remedial system shutdown and evaluation monitoring program (Item No. 7), Stantec estimates a time and materials budget of $7,000.00 for the remedial rebound evaluation monitoring. Stantec is therefore requesting a total estimated Amendment No. 2 budget of $1g,000.00. Stantec will perform these services in the most cost efficient manner possible. Additional out of scope work may be required and additional out of scope services may be requested by the City. The incurred costs will be influenced by the available data, schedule, and details of services actually performed. The work is associated with the Central, Western, and Southern Plume, Ground Water Monitoring/Reporting Services Project (Stantec Project Number 185702670). Stantec previously established a separate Out of Scope Work/Well Maintenance task (Task 5) and has been tracking and invoicing associated costs under Task 5. Stantec will continue to track and invoice costs for services outlined above (Item No. 1 through Item No. 6) under Task 5 in regular monthly invoices for this project. Stantec will also establish Task 6 (Remedial Rebound Monitoring) for tracking and invoicing the cost of services associated with the remedial rebound evaluation monitoring. All work will be completed in accordance with the terms and conditions of the existing April 30, 2013 Agreement for Consulting Service, and the above scope of services. Stantec will perform the services on a mutually agreeable schedule with the City as dictated by the evolution of the project and the City's needs. Page 2of2 1. AA# 2. JV# �6R�.T l STS �a D U TI(A TO: Internal Services Dept. - Budget Division 3. FROM: Rebecca Areida-Yadav 15. DATE: 7/28/2014 4. DEPARTMENT/DIVISION: Public Works �6R�.T l STS �a D U TI(A FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. 185 3205 Fund Balance $ 19 000.00 SOURCE OF FINANCING B. 185 185126 7323 Groundwater Monitoring/Reporting $ 19,000.00 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 with Stantec for Central, Western and Southern Plumes. If Council has authorized the appropriation adjustment, complete the following: Meeting Date: , Res No: 4 Attach copy of resolution to this form. Department Head Signature: Deputy City Manager/Internal Services Manager Date Submit completed form to the Budget Division with any required documentation. Final approval will be provided in electronic copy format. RESOLUTION NO. 2014-151 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING CORPORATION, OF RANCHO CORDOVA, FOR GROUNDWATER MONITORING AND MONITORING WELL MAINTENANCE SERVICES, AND FURTHER APPROPRIATING FUNDS WHEREAS, on April 17, 2013, City Council approved a Professional Services Agreement with Stantec Consulting Corporation to provide groundwater monitoring and monitoring well maintenance services for the Central, Western, and Southern plumes. On August 7, 2013, City Council approved Amendment No. 1 to provide additional maintenance, repair, and monitoring services; and WHEREAS, Stantec has been providing related services to the City for the past five years with excellent results; and WHEREAS, based on the City's prior experience with the monitoring and reporting program, it is prudent to include in the scope of work an evaluation of the 15 existing Western and Southern plume wells for well head maintenance/repairs; repairs and maintenance as identified in the evaluation; an evaluation of the integrity of sample bag suspension harnesses in existing Central Plume wells; procurement and deployment of new sample bag harnesses as needed for Central Plume wells; update the necessary data for existing and proposed Western and Southern plume wells for compliance with GeoTracker requirements; and additional unanticipated out -of -scope work as requested by the City; and WHEREAS, staff recommends approving Amendment No. 2 to the Stantec PSA to provide these services on a time -and -materials basis for an amount not to exceed $19,000 over the next 24 months or until the funds are spent, whichever occurs first. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Stantec Consulting Corporation, of Rancho Cordova, California, for groundwater monitoring and monitoring well maintenance services for the Central, Western, and Southern plumes, in an amount not to exceed $19,000; and BE IT FURTHER RESOLVED that funds in the amount of $19,000 be appropriated from PCE/TCE Cleanup Funds. Dated: August 20, 2014 I hereby certify that Resolution No. 2014-151 was passed and adopted by the City Council of the City of Lodi in a regular meeting held August 20, 2014, by the following vote: AYES: COUNCIL MEMBERS — Hansen, Johnson, Mounce, Nakanishi, and Mayor Katzakian NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None r NIFER . ROBISON ity Clerk 2014-151