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HomeMy WebLinkAboutAgenda Report - June 17, 2015 C-18 SMAGENDA ITEM Coo 18 CITY OF LODI COUNCIL COMMUNICATION 1 TM AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 3 to Professional Services Agreement with Stantec Consulting Services Inc., of Rancho Cordova, for On Call Environmental Services and Appropriating Funds ($15,000) MEETING DATE: June 17, 2015 PREPARED BY: Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 3 to Professional Services Agreement with Stantec Consulting Services, Inc., of Rancho Cordova, for on-call environmental services and appropriating funds in the amount of $15,000. BACKGROUND INFORMATION: On April 17, 2013, City Council approved a Professional Services Agreement (PSA) with Stantec Consulting Services, Inc., (Stantec) to provide groundwater monitoring and reporting services for the Central, Western, and Southern plumes for a two-year term with a two-year extension option. 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 and reporting program. On August 20, 2014, City Council approved Amendment No. 2 expanding the scope of work to include well head maintenance and repair for 15 existing Western and Southern plume wells, and the sampling program for the Central Plume System Closure Work Plan. On April 14, 2015, City Manager approved the final two-year extension to the PSA extending the term to May 25, 2017 under the payment terms previously approved by the City Council. Amendment No. 3 to the Stantec PSA is provided as Attachment 1. The scope of services extends into the third year of the PSA and includes: responding to Central Valley Regional Water Quality Control Board and San Joaquin County requests, on-call environmental services related to other City cleanup activities, deployment of passive diffusion bags at monitoring wells, and other City -requested out -of -scope services. These services are provided on a time -and -material basis at a total cost not to exceed $15,000. Staff recommends approving the amendment presented in Attachment 1. FISCAL IMPACT: Costs are funded by PCE/TCE Cleanup Funds. FUNDING AVAILABLE: Requested Appropriation: PCE/TCE Cleanup Funds (185): $15,000 Jordan Ayers Deputy City Manag r/Internal Se ices Director Ai 4�� F. Wally Sa delin Public Works Director FWS/jr Attachment APPROVED: eph Schwaba , ity Manager K:\WP\COUNCIL\2015\CStantecAmend 3.doc 6/2/2015 AMENDMENT NO. 3 Stantec Consulting Corporation Professional Services Agreement THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this day of . 2015, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and STANTEC CONSULTING SERVICES, INC. (hereinafter "CONSULTANT"). WITNESSETH: 1. WHEREAS, CONSULTANT and CITY entered into a Professional Services Agreement (Agreement) on April 30, 2013, Amendment No. 1 on August 20, 2013, and Amendment No. 2 on September 3, 2014 as set forth in Exhibits 1, 1 A, and 1 B 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, Amendment No. 1, Amendment No. 2, and Amendment No. 3, as Exhibits 1, 1A, 1 B 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. 3 on 2015. CITY OF LODI, a municipal corporation STANTEC CONSULTING CORPORATION Hereinabove called "CITY" Hereinabove called "CONSULTANT" STEPHEN SCHWABAUER City Manager Attest: JENNIFER M. FERRAIOLO, City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney (�< Name: Gary Haeck Title: Managing Senior Geologist Exhibit 3 Stantec Consulting Services Inc. 5 Sta nteC 3017 Kilgore Road Suite 100, Rancho Cordova CA 95670-6150 May 27, 2015 File: 185703090 Attention: Mr. F. Wally Sandelin, Director City of Lodi Public Works Department 221 West Pine Street Lodi, California 95240 Dear Mr. Sandelin„ Reference: Request for Contract Amendment No. 3 On -Call Environmental Services Central, Western, and Southern Plume Groundwater Monitoring and Reporting Services Project Lodi, California. At the direction of the City of Lodi (the City), Stantec Consulting Services Inc. (Stantec) submits this request for Contract Amendment Number 3 to the April 30, 2013 Agreement for Consulting Services to fund necessary and related out -of -scope, on-call environmental services for the above -referenced project. Amendments No. 3 provides funding to complete on-call services not included in the scope of work for the Groundwater Monitoring and Reporting Services project (Project). BACKGROUND The Project was most recently contracted under the April 30, 2013 Agreement for Consulting Services (Contract) for the two-year period from second quarter 2013 through first quarter 2015. The Contract included a provision for an optional two-year extension (second quarter 2015 through first quarter 2017), which the City extended on April 14, 2015. The Contract included a limited scope of work consisting of collecting groundwater samples, depth -to -water measurements, and submission of groundwater reports. Completion of Project work often requires additional services as requested by the City that were not included in the approved budget. Costs for such out -of -scope work is tracked by a separate Project task, Task 5 - Out -of -scope Work, and invoiced under Task 5 within the regular monthly invoices. A generalized description of the scope of services to be completed under Task 5, Out -of -scope Work, is provided below. SCOPE OF SERVICES Based on project history, Regional Board requests for additional work, San Joaquin County requests for information, and out -of -scope work previously requested by the City, a variety of out - of -scope work will be required to keep the project on track and compliant with Regional Board requirements. Design with community In mind May 27, 2015 Attention: Mr. F. Wally Sandelin, Director Page 2 of 3 Reference: Request for Contract Amendment No. 3 Necessary out -of -scope work would include but is not limited to the following. • Ongoing well maintenance and repairs, as well as well -box replacements as needed on the current Central, Western, and Southern Plumes monitoring well network of 71 monitoring wells. • Procurement of required permits and coordination with San Joaquin County to complete the above work and coordinate county -required inspections of completed work. ■ Ongoing evaluation and replacement of passive diffusion bag (PDB) suspension tethers as needed to insure sample integrity and correct deployment depths. ■ Continued coordination with the City's engineering staff in connection with issues associated with the repair of monitoring well casings on nested well NMW-1 A,B,C. • Procurement and deployment of new PDB harnesses needed for Central Plume nested wells NMW-1 A,B,C to insure sample integrity, correct deployment depth, and compliance with Regional Board requirements for the sampling program. • Coordination with City engineering staff and its well installation contractor and surveyor to obtain correctly formatted survey data for well NMW-1 A,B,C and upload GecTracker- compliant survey data to the GeoTracker database system. • 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 similar out -of - scope work on the Project from 2009 through 2015. Stantec estimates a time and materials budget of $15,000.00 for the above scope of work during second quarter 2015 through first quarter 2016. 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. As discussed above, Stantec will establish a separate Out -of -scope Work task (Task 5) and track and invoice costs for services outlined above under Task 5 in regular monthly invoices for this project. The work will be completed in accordance with the terms and conditions of the April 30, 2013 Agreement for Consulting Services and the attached rate sheet. Stantec will perform the services on a mutually agreeable schedule as dictated by the evolution of the project and the City's needs. Design with community in mind May 27, 2015 Attention: Mr. F. Wally Sandelin, Director Page 3 of 3 Reference: Request for Contract Amendment No. 3 Please contact Gary Haeck if you have any questions. Sincerely, Stantec Consulting Services, Inc. Sandra Pimienta, P.G. Senior Geologist Gary D. Haeck, Ph.D., P.G. Managing Senior Geologist Phone: (916) 384-0768 Fax: (916) 861-0430 Gary.Haeck@stantec.com Attachments: Task Order Number 7 Rate Schedule gdh c:\users\gary haeck\documents\work\lodi m&s ommendmeni #32016-17 scope of services.docx Design with community in mind RATE SCHEDULE ENVIRONMENTAL PRACTICE AREA Design with community in mind STANTEC 2013 RATE SCHEDULE ®Stantec ENVIRONMENTAL PRACTICE AREA STANTEC 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 1 of 3) Charges for all professional, technical, and administrative staff directly charging time to the project will be calculated and billed on the basis of the following schedule. Expert Witness Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. Ail labor rates will be subject to annual increase. lodi M&S ammendment #3 2016-17 scope of services DESCRIPTIONLEVEL HIRLY RATE Generally Not applicable to the Southern California Market 1 2 $52 $59 May on occasion be appropriate for intern and clerical support. 3 $65 Clerical, Interns, & Field/Lab Techs 4 5 $72 $60 Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level 6 $67 tasks. Junior -level position, Administrative, 7 8 $95 $ 95 • Independently carries out assignments of limited scope using standard procedures, methods and 9 $113 techniques • Assists senior staff in carrying out more advanced procedures • Completed work is reviewed for feasibility and soundness of judgment • Recent graduate from an appropriate post -secondary program or equivalent. Professional level positions 10 $122 • Carries out assignments requiring general familiarity within a broad field of the respective profession 11 12 $133 $144 • Makes decisions by using a combination of standard methods and techniques • Actively participates in planning to ensure the achievement of objectives • Works independently to interpret information and resolve difficulties • Provides applied professional knowledge and initiative in planning and coordinating work programs Highly -specialized technical professional or project supervisor 13 14 $156 $167 • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 15 $177 • Participates in short and long range planning to ensure the achievement of objectives • Makes responsible decisions on all matters, including work methods, and financial controls associated with projects • Decisions accepted as technically accurate • Reviews and evaluates technical work Senior level consultant or management function 16 17 $196 $231 • Recognized as an authority in a specific field with qualifications of significant value • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise • Independently conceives programs and problems for investigation Participates in discussions to ensure the achievement of program and/or project objectives • Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects Senior level management position 18 19 $272 $357 • Recognized as an authority in a specific field with qualifications of significant value • Responsible for long range planning within a specific area of practice or region • Makes decisions which are far reaching and limited only by objectives and policies of the organization • Plans/approves projects requiring significant human resources or capital investment • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, fifteen years experience with extensive professional and management experience Expert Witness Services carry a 50% premium on labor. Overtime will be charged at 1.5 times the standard billing rate. Ail labor rates will be subject to annual increase. lodi M&S ammendment #3 2016-17 scope of services STANTEC 2013 RATE SCHEDULE ®Stant�c ENVIRONMENTAL PRACTICE AREA STANTEC 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 2 of 3) Other Direct Disbursements: Disbursement Vehicle Mileage Prevailing IRS Rate Subcontract Services Actual Cost +10% Travel/Per Diem Actual Cost +10% Per Diem $ 150/da Capital Purchases and Expendable Materials Actual Cost +10% Postage and Ship2ing Actual Cost +10% Standard Field Equipment See Attached Schedule Standard Field Equipment: Standard. Air Sampling Equipment $45/da Bailer — Disposable $10/each Bailer — Disposable Weighted $151each Bailer — Quick E -Bailer System $85/da Bailer — Reusable $20/da Drum — 55 Gallons $55/each Digital Camera $25/da Draeger Sampler tubes not included $,30/da Field Communication — Two -Way Radio $20/da Field Computer $25/da Field Test KA —Groundwater $55/each Field Test Kit — Soil $55/each Field Test Kit — SVE $55/each Field Vehicle — Mileage Prevailing IRS rate Field Vehicle $125/da Field Vehicle — Sampling Truck $250/da Field Vehicle — Truck/Van $150/da Flame Ionization Detector FID $130/da Generator $60/da Gloves — Colored Cloth $5/ air Gloves — Colored Leather $15/ air Gloves—Colored Nitrite $0.25/ air Gloves — Kevlar Under Glove $5.001 air H&S — Level B Safe!Equipment $165/da H&S — Level C Safety Equipment $85/da H&S — Level D Safety Equipment $50/da H&S — Traffic Control Equipment $55/da Hand Auger $30/da Large Equipment & System — Caterpillar D4 Bulldozer $250/da Large Equipment & Systems — Dual Phase Extraction Treatment (DPET) $200/da Lar e Equipment & Systems — Soil Vapor Extraction System $100/da Low Flow Pur a/Sam lin System $80/da Meter — OilNVatef Interface $55/da Meter — Anemometer $25/da Meter - CO $65/da Meter — Data LoNer $140/da Meter — Dissolved Oxygen $65/da Meter—DO/ORP/Temp/Conductivity $100/da Meter -- Dosimeter $45/da Meter — Ferrous Iron $5/da lodi M&S ammendment #3 2016-17 scope of services STANTEC 2013 RATE SCHEDULE ®Sta ntec ENVIRONMENTAL PRACTICE AREA STANTEC 2013 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 3 of 3) Standard Field Equipment (continued): Standard Meter — Flow Meter — 1-12S Detector $30/da $80/da Meter — LEU02 $80/da Meter — Ma nehelic Gauge) $i35/da Meter—Magnetometer $150/da Meter — Manometer $25/da Meter — Measuring Wheel $110/da Meter — Metal Detector $45/da Meter — Multimeter $110/da Meter — 02/CO2 $110/da Meter — ORP $25/da Meter — Otherquote/day Meter — Ozone $25/da Meter— pH/Temp/Conductive $25/da Meter — Turbidity $70/da Meter — Dust Monitor $120/da Meter — Velocity $25/da Meter —Water Level Indicator $30/da Photoionization Detector PID $110/da Pressure Washer $25/da Pum —Air Sampling $45/da Pum — Centrifugal $50/da Pum — Groundwater Sampling $110/da Pum — Peristaltic $50/da Pum - Trash $35/da Purrs —Well Sampling $25/da Pum —Well Sampling/Purge $45/da Reproduction —11x17 Color Plot/Print/Co $21copy Reproduction — 24x36 Color Plot/Print 0/copy Re roduction — 8.5x11 B&W Copies $0.15/copy Reproduction — 8.5x11 Color Copies $1.25lc0 Reproduction — Oversized B&W Plot/Print $10/copy Reproduction — Oversized Color Plot/Print $15/copy Soil Sample Rin /Sleeve $10/each Survey Equipment — GPS $150/da Survey Equipment — Laser Plane Level & Receiver Transducer Tedlar Ba $200/da $30/each $15/each lodi M&S ammendment #3 2016-17 scope of services Exhibit 1 AGREEMENT FOR CONSULTING SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 ' Pgrtles THIS AGREEMENT is entered Into on , by and between the CITY OF LODI, a municipal corporation ("natter "CITY"), and STANTEC CONSULTING CORPORATION (heremafter'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's 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 Agreemerit, 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 CONSULTANT's contract performance period. Also, any delays due to weather, vandalism, acts of God, etc., shall allow CONSULTANT a corresponding time to complete the required work. CONSULTANT shall remain In contactwith reviewing agencies and make all efforts to review and return aN comments. Section 2.3 Mestinus CONSULTANT shall attend meetings as Indicated In the Scope of Services, Exhibit A. CAr-%ConftcWCanaultlngMublfc Woft/PSA • SIAMo 2013AC 1 Section 2.4 Staffing CONSULTANT acknowledges that CITY has relied on CONSULTANTs capabilities and on the qualifications of CONSULTANTs 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 CONSULTAN 's project staff prior to any change. CONSULTANT represents that it is prepared to and can perform all services within the scope of services specified In Exhibit A. CONSULTANT represents that it has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, Insurance and approvals of whatsoever nature are legally required for CONSULTANT to practice its profession, and that CONSULTANT shall, at its own cost and expense, keep In effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals. Section 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. CA/City/Contrails/Consult<nng/Pubiic WOMRSA - SwnWt 20MOG 2 ARTICLE 3 COMPENSATION Section 3.1 Compensation CONSULTANTs 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 (imitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the scope of services said work Is attributable and such invoices shall be paid within thirty (30) days of receipt by the City. Section 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 famish CITY, or a designated representative, with necessary information and assistance. CONSULTANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant Information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and Inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONSULTANT further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Cp01WContrada/ConsuMng/Publ1c Works/PSA - 5tantee 2013.doc 3 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 ads, errors or omissions of the consultant and except those injuries or damages arising out of the active negligence of the City of Lodi or its agents, officers or agents. The total amount of all claims the CITY may have against the CONSULTANT under this Agreement or arising from the performance or non-performance of the services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to (i) in the case of a claim that is not covered by one of the insurance policies of CONSULTANT referred to in Section 4.5 below, the lesser of the fees or $500,000, or (ii) in the case of a claim that is covered by one of the insurance policies of CONSULTANT referred to In Section 4.5 below, the amount set forth In said Section. As the CITY's sole and exclusive remedy under this Agreement any claim, demand or suit shall be directed and/or asserted only against the CONSULTANT and not against any of the 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 lose, injury or damage incurred by the CITY, including but not limited to, claims for loss of use, loss of profits and loss of markets. CA/CWContmcWCanaurdng/Pub9c Worlai/PSA-StaMw2013,doc 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 Reauirements for CONSULTANT CONSULTANT shall take out and maintain during the life of this Agreement, Insurance coverage as listed below. These insurance policies shall protect CONSULTANT and any subcontractor performing work covered by this Agreement from claims for damages for personal injury, including accidental death, as well as from claims for property damages, which may arise from CONSULTANT'S operations under this Agreement, whether such operations be by CONSULTANT or by any subcontractor or by anyone directly or Indirectly employed by either of them, and the amount of such Insurance shall be as follows: 1. COMPREHENSIVE GENERAL LIABILITY $1,000,000 Bodily Injury - Ea. Occurrence/Aggregate $1,000,000 Property Damage - Ea. Occurrence/Aggregate or $1,000,000 Combined Single Limits 2. COMPREHENSIVE AUTOMOBILE LIABILITY $1,000,000 Bodily Injury - Ea. Person $1,000,000 Bodily Injury - Ea. Occurrence $1,000,000 Property Damage - Ea. Occurrence or CA/C1ty/Contmcts/C0n6uWn9A%bM0 WorkslPSA - Stark M ldoc 5 $1,000,000 Combined Single Limits NOTE: CONSULTANT agrees and stipulates that any insurance coverage provlded'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 furnished 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. -� -every ility 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 Chancie 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 CONSULTANT'S employees employed at CAICRy/Contracts/Conaultir4n5ubllc WorksRSA - Stantec 2013.doc 6 the site of the project and, if any work is sublet, CONSULTANT shall require the subcontractor similarly to provide Workers Compensation Insurance for all of the latter'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 Workers Compensation Statute, CONSULTANT shall provide and shall cause each subcontractor to provide insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the City Attorney, City of Lodi, P.O. Box 3006, Lodi, CA 95241. Section 4.7 Attomev'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 Gresty, Principal 3017 Kilgore Road, Ste. 100 Rancho Cordova, CA 95670 CA/CVContracts1Consu *V1Publ1C VvorM PSA - Stentec 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 on the Project and deliver any documents or work in progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered into by CONSULTANT with third parties in reliance upon this Agreement. CONSULTANT may terminate this Agreement upon seven (7) days' notice in writing in the event the 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/Contraeta/ComuWng/Publks Works/PSA - SUntsc 2013.doc a Section 4.16 Applicable L Lw 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 Authorlity 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. CAJgty/Con"cts/CansuftWPWc Woft PSA - Stmtee 2013 -doe 9 IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement as of the date first above written. ATTEST: By: RANO .b HL City Clerk APPROVED AS TO FORM: w City Attorney Attachments: Exhibit A - Scope of Services Exhibit B - Fee Proposal Exhibit C - Insurance Requirements CITY OF LODI, a municipal corporation By - KOMAITT BARTLAM City Manager STANTEC CONSULTING CORPORATION By: W. (e i r, - M GRASTY Its: Managing Prin al CNOWContmets/consultlng/Pubao WorkWSA - stmt o zoo 3.doc 10 LExhibit A SCOPE OF SERVICES To complete the Scope of Services, Stantec proposes the following tasks. Task It Project Management and Preparation of Health and Safety Plan Task 2: Monitoring and Sampling Task 3: Analytical Program Task 4: Reporting Task 1 — pluyea Manag&1wt and PlBperadon of AW/W and Safety Ptrn Stantec will perform normal project management responsiblli#es including, but not limited to, budget tracking, Invoking, sub- contracting and payment for analytical laboratory services, and communication with the client as well as the RWQCB ( when requested) . Our services sisc Include attending a kickoff 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, Stantec will perform necessary caordinetton with the Clty 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 Dhdsion. 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 1910.120) , and by California Occupational Health and Safety Administration (Cel -OSHA) guidelines (CCR TIUe 8, Section 5192). Prior to performing any fieldwork, the HASP will 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 site. Task 2 — Marrri!onFrp and SaftF try 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. 85-2008- 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 monitoring wells Is scheduled to begin third quarter 2013. These additional wells are Identified in Treadwell and Rollo's (T&R) February 1, 2011 Gnxwdwe49r Monilft PnVmm Plan for the Western and Sov~ 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 welts (73) and recorded on Stantec's Groundwater Gauping Fwm and Grtuardwater Sarr*vft Form for Passln9 DA7uskn Baps ( Examples of these forms are Included In the sample report included as Appendix B) . R is noteworthy that the RFP Indicates groundwater samples will be collected quarterly from 74 wells. Per the MRP and RFP Exhlblt B, the total number of wells in the program will be 73; well MW -79 (listed In Table 5 of Exhibit B) was already Included In the Central Plume program as a gauge only wap. Wells to be sampled each quarter ( beginning third quarter 2013) Include 41 quarterly, 49 88011 -annually, and 69 annually In accordance with the schedule presented below. Central Plume Wells Western Plume Welt4� I. Southern Plume Wells SamPleif -- i 41 . 49 69 1 All wells (including G -16C, G -18C, MW -13, MW -16, and MW -18) shafl be monitored quarterly for depth b3 groundwater. i2 Wells shall be sampled semi-annually during the first and third quarters. 3 Wells shall be sampled annually during the third quarter. j 4 Western and Southern Plume Wells are scheduled for sampling beginning in third quarter 2013. 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 same 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 Clty currently uses 18 -inch length sample bags (variable diameters are available). Special care Is taken to avoid potential cross -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 filled in the field with laboratory -supplied deiontzed water. Eon Products Inc. and Colombia Analytical Services are the two main suppliers of PDB samplers and suspension equipment. The PDB sample for a given well Is retrieved from the well and immediately Speael care is Wken W awed polenaal dispensed into at least three, laboratory -prepared, 40-milllllter volatile organic cross-contaminadvn of L4e PDB, hanger analysis (VCA) sample containers with pre -completed sample labels. ass /nW and suspension cable during Appropriate sampling protocol for preparing sample -splits ( minimum ten percent deployment. 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 �?a�: si ,w ..: hA.7 .. ::. - " 7 .., •..� ': a,!'k• .: G-04; G-05; G-06; G -24A; MW -23B; MW -23C G-10; G-146; G -14C; G- G -07; G-08; G-11; 18B; G -25C; G-12; G-13; G -14A; MW 08; MW -15; MW -17; i G -15A; G -16A; G-168; G- MW -24A; MW -248; MW - 17A; G -18A; G -19A; G -24B; 24C; MW -25C; MW -26D G -25A; G -25B; MW -06; MW -09; 1 MW -12; MW -21A; MW -21B; MW -21C; MW -22B; MW -22C; MW -25B; MW -27D; PCP -4 .�. _.-..v...�..�-r..- .. -- -- ..._I VVMW-IA, V&V-113, WMW- ._. -: --'•_, ti y, i• ;,• :• i,•,- �Y,7•ari,� «a'r'�h�; 1C, WMW-2A, WMW-28, WMW-?C. WiAW-20 OS -2, SA -09, SA -10, SMW- SA -03, SA -06, SA -07, MW -19, OS -1, SA -01, SA - 1A, SMW-1B 02, SA -04, SA -05, SA -08 SamPleif -- i 41 . 49 69 1 All wells (including G -16C, G -18C, MW -13, MW -16, and MW -18) shafl be monitored quarterly for depth b3 groundwater. i2 Wells shall be sampled semi-annually during the first and third quarters. 3 Wells shall be sampled annually during the third quarter. j 4 Western and Southern Plume Wells are scheduled for sampling beginning in third quarter 2013. 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 same 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 Clty currently uses 18 -inch length sample bags (variable diameters are available). Special care Is taken to avoid potential cross -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 filled in the field with laboratory -supplied deiontzed water. Eon Products Inc. and Colombia Analytical Services are the two main suppliers of PDB samplers and suspension equipment. The PDB sample for a given well Is retrieved from the well and immediately Speael care is Wken W awed polenaal dispensed into at least three, laboratory -prepared, 40-milllllter volatile organic cross-contaminadvn of L4e PDB, hanger analysis (VCA) sample containers with pre -completed sample labels. ass /nW and suspension cable during Appropriate sampling protocol for preparing sample -splits ( minimum ten percent deployment. 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 Callfomta-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 Grormdwater Ssm#ing Form for Passihv Dfftw/an Begs. Depth -to -groundwater Is measured prior to PDB retrieval and depth to well bottom measured following PDB retrieval. For costing purposes, Stantec will assume the same level of effort and socesslbUlty to the Western and Southern Plumes wells as has been required during completion of the Central Plume program. Stamec will also assume that any needed access agreements ere in place with the owners of the property where the Wastem and Southern Plume wells are located. PreBminary review of the SA and OS series well locations appear to Indicate they are located on private property. Teck 3 — Anady*W P►olPram and Ought' ASS&WAas/®uOy 07n0vt The analytical program win be completed in accordance with MRP Order No. RS -2008-0813. Samples will be analyzed by a Callfomia-certified analytical laboratory using U.S. Environmental Protectlon Agency (EPA) sample preparation Method 50308 and EPA analytical Method 82608. For consistency with previous analytical program, In addition to an 82606 fuU-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 spacffied in the RFP or MRP. In Stentec'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, Stantse also recommends analysis of a representative field blank of the laboratory -grade delonized water within the PDB sampler. In addition to Level It 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 monitoring reports. Task 4 — Data Analysis, Ra W&W, and Georraaror &&n9W/ Quarterly date analysis, reporting, and GeoTracker submittal will be performed for two years. Steniec currently maintains the City's EQUIS chemical database containing historical analytical date for the Central Plume wells. Stantec requests that the City provide Excel files with the historical analytical and depth to groundwater data for the Westam and Southem 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 Canfomla-certified analytical laboratory will provide a GeoTracker compatible Electronic Data Deliverable (WD) for upbading to GeoTracker and an EOu1S 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 format and quality checks and is provided to the analytical faculty. The EDDs win 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 Integrtty and quality Is signnlcanay improved. A variety of software tools and applications are used by Stantac to create the MRP -required tables and figures for quarterly and annual reports. Our pmJect team determines the best applkxttons and tools for the project dataset, which may include ArcGIS, Manifold, Surfer, Envirolnslte, etc., and which may evolve as new applications are developed. Stentec assumes that an WON construction details, historical water elevation, flow, and gradient date for the Western and Southern Plume wells win be provided In Excel files for Inclusion In the database and generation of the MRP -required tables. If sorra of these datesets 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 data, comparisons with regulatory standards, concentration and elevation trends, gradient data, and plume delineation. Quarterty and annual reposing will be completed in accordance with MRP Order No. RS -2008-0813. First, second, and third quarter reports will be submitted by May 1st, August 1st, and November 1st, respectively. The fourth quarter and annual report will be submitted by March 1st. 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 RWQCB wlthln 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 Stentec 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 ten multiple -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 Hisfo&al VerBcal G=x1ivater Gra ftnt Dab and a discussion of vertical gradients. The RWOCB now has siepbratb GeoTmcker sibs for tiro Weshsm and souLham PAMW and nomw of ftee sfts is k compifence wish Geornicker submrgl wquinevnenb. In compliance with the requirements of the Celtfomla 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 tate 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, Stentec 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 GeoTrecker sites for the Western and Southern Plumes and neither of these sites is In compliance with GeoTracker submittal requirements. Stantac 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 [1] and [j] and Annual Reporting Requirement [e] ) . Stantec will 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, fleld parameters, and laboratory water quality analyses at any time in a user frfandty format. Exhibit B City of Lodi 2013-2015 Monitoring, Sampling, and Reporting Services Time and Materials Estimated Budget CLASSIFICATION UNITS RATE Quarterly Project Management UnIft Dollars 2nd Qtr 2013 Monitoring & Sampling & Analytical 2nd Qtr 2013 Data Analysis, Reporting, & Geotracker Remaining Qtrs Monitoring, Sampling & Analytical Remaining Qtrs Data Analysis, Reporting, & Geotracker T O T A Units Dollars Units boilers Units Dollars Unit Dollars STANTEC LABOR !!I j Senior f8iUhq Level 14) Hour $167 6 $1,002 2 5334 9 $1,503 3 5501 12 $2.0f,4 L Associate Level 10) Hour $122 0 So 0 s0 2 $244 0 so 3 5366 Project JBIOW Level 9 Hour 5113 0 50 0 s0 21 S2,373 0 50 22 52.486 E Stats (Blllin Level 7) Hour S95 2 5190 _ 2 $190 2 5190 3 $285 3 5285 Technician III TfffiN Level 6) Hour S87 0 50 26 52.262 0 so 38 53,306 0 50 S Senior DraftlGIS (Billin Leve18) Hour $104 0 $0 0 50 10 $1,040 0 SO 11 $1,144 T Admin(131".Leve15) Hour $80 3 5240 0 $0 2.5 5200 0 So 3 5240 LABOR COST'S (Per Qtr $1,432 Was $6,560 $4,092 $6,526 ' M STANTEC EQUIPMENT Water Level Meter Day 530 0 50 2 $60 0 50 3 $90 0 so yield Vehicle Day $125 0 s0 2 5250 0 $0 3 3375 0 SO A Delneators/Cones/Flags Da $55 0 $0 1 2 5110 0 50 3 $165 1 0 $0 T EQUIPMENT COSTS (Per Qtrl $0 S426 SO S630 50 E D REBILLABLES Laboretary 8260 2nd Qtr 13 Each S65 0 S0 33 52.145 0 50 0 So 0 50 F Laborat 8260 Remalnk Qtts Each $65 0 1 $0 0 50 0 so 59 53.835 0 S0 Shl 1n !P4 a Each S20 1 520 0 50 0 s0 0 50 0 so mi Each sn,sfis 0 so 0 so 0 so 0 So 0 so E Deior� Water FIN for PD8s Each S4 0 50 30 5120 0 $0 53 $212 0 50 Difktsi0nSam Each $18 0 So 30 5540 0 So 53 $954 0 S0 E S RESILLA2 er Qtr Markup 10% S22 53,086 $0 $5,501 80 TOTAL COST PER 1!4 51,454 56.292 $5,550 $10,223 56,62226 ESTIMATED FEE FOR YEAR 1 ESTIMATED FEE FOR YEAR 2: % Increase = 2.600/. $5,816 $5,961 $6,292 Not Included $5,650 3Qtrs = 4Qtrs = $30,669 $57,154 3Qtrs = 4Qtm = $19,575 $26,763 $67,902 $89,868 TOTAL FEE ESTIMATE FOR IWO YEAR CONTRACT 17,777 $6,292 55,650 1 5E7,E23 S4 6,328 i1ei,Tiu ESTIMATED FEE FOR YEAR 3: ESTIMATED FEE FOR YEAR 4: % Increase = % Increase a 3.00% 3.00% $6,140 $6,324 Not Included Not Included $68,869 $60,635 $27,555 $28,382 $92,664 $96,341 OTAL FEE ESTIMATE FOR TWO YEAR EXTENSION S1 x,465 Not included $119,503 555,937 $187,905 W -W mss cwasP1=e%-2013aamtnn2xkx Stantec Page 1 of 1. EXHIBIT C Insure nca RectuIrements for Con1rac The Contractor shall take out and maintain during the life of this contract, insurance coverage as listed below. These insurance policies shall protect the Contractor and any subcontractor performing work covered by this contract from claims for damages for personal injury, Including accidental death, as well as from claims for property damages, which may arlse from Contractor's operations under this contract, whether such operatlons be by Contractor 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 Ea. Occurrence $1,000,000 Aggregate 3. PROFESSIONAL LIABILITY $1,000,000 Ea. Occurrence 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 NOTE: Contractor agrees and stipulates that any Insurance coverage provided to the City of Lodi 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 Callfornia Tori Claims Act (California 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 ro'ect that h is insuring. A copy of the certificate of insurance with the following endorsements shall be furnished to the City: (a) Additional Named insured Endarsomen� Such insurance as is alforded 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. (This endorsement shall be on a form furnished to the City and shall be included with Contractor's policies.) (b) Primary insurance Ibndorsement 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) Notioe of a cella i nor Chan a in Coveraoe Fa�darsement 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 Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240, Compensation Insurance The Contractor shall take out and maintain during the life of this contract, Worker's Compensation Insurance for all of Contractor's employees employed at the site of the project and, If any work is sublet, Contractor shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. In case any class of employees 9ngage d in hazardous work under this contract at the she of the project is not protected under the Worker's Compensation Statute, the Contractor shall provide and shall cause each subcontractor to provide Insurance for the protection of said employees. This policy may not be canceled nor the coverage reduced by the company without 30 days' prior written notice of such cancellation or reduction in coverage to the Risk Manager, City of Lodi, 221 W. Pine St., Lodi, CA 95240. A Waiver of Subrogation against the City of Lodi Is required. NOTE: No contract agreement will be signed nor will any work begin on a project until the proper insurance certificate is received by the City. Exhibit 1 A AMENDMENT NO. 1 Stantec Consulting Corporation Professional Services Agreement THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, is made and entered this _LZ 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 f 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 WHERE=OF, 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' RbgRAEAT BARTLAM Name: _ City Manager idle: l4 a it 4j t n j So_ n 9 C r 0&1 �S t Attest: RANDI JOHL-OLSON, City Clerk Approved as to Form: ZT; V�-'mkraz-53-07 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, MW -16, MW -19, OS -1, OS -2, and SA -1 through SA -10 and the new proposed wells WMW- 1A, WMW-1 B, WMW-1 C, WMW-2A, WMW-2B, WMW-2C, WMW-2D, SMW-1A, and SMW-1 B. Preliminary review indicates necessary out -of -scope work would include but is not limited to the following. 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. An evaluation of the presence or absence and integrity of PDB suspension harnesses in the existing 15 existing Western and Southern plume wells (separate from above because of potential contamination issues). Several of the PDB hamesses 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 for 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 hamesses 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 certified and GeoTracker compliant EDF. Assuming Stantec is provided a provided a K;\WP\PROJECT5\PSA's\AMENDMENT StaMec_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. S. 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 City. 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 Central, Western, and Southern Plume, Ground Water Monitoring/Reporting Services Project (Stantec Project Number 185702670). Stantec will establish a separate Out of Scope WorkMell 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\PROJ ECTS\PSA's\A M ENO M ENT_Sta ntec_Attach mental oC Exhibit 1 B AMENDMENT NO. 2 Stantec Consulting Corporation Professional Services Agreement THIS AMENDMENT NO. 2 T PROFE ZONAL SERVICES AGREEMENT, is made and entered this mai day of 4, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and STANTEC CONSULTING CORPORATION (hereinafter "CONSULTANT"). WITNESSETH: 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 ��e rnhe c�� 2014. CITY OF LODI, a municipal corporation STANTEC CONSULTING CORPORATION Hereinabove called "CITY" Hereinabove called "CONSULTANT' 8 PH ABAUER Name: Gary Haeck City Manager Title: Managing Senior Geologist Attest: r 1� -fin NIFER M. ROBISON, City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney SCOPE OF SERVICES 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 2o13 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 2 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. i 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 $19,000.00. 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 2 of 2 1. AA# 2. JV# CITY OF LODI APPROPRIATION ADJUSTMENT REQUEST 'TO: Internal Services Dept. - Budget Division 3. FROM: Rebecca Areida-Yadav TjDATE: 5/19/2015 4. DEPARTMENT/DIVISION: Public Works 6. REQUEST ADJUSTMENT OF APPROPRIATION AS LISTED BELOW FUND # BUS. UNIT # ACCOUNT # ACCOUNT TITLE AMOUNT A. 590 32205 Fund Balance $ 5,000.00 SOURCE OF 591 32205 !Fund Balance $ 5,000.00 FINANCING 594 32205 (Fund Balance $ 5,000.00 B 590 59099000 77020 Capital Projects $ 5,000.00 USE OF 591 59199000 77020 Capital Projects $ 5,000.00 FINANCING 594 59499000 77020 Capital Projects $ 5,000.00 '7. REQUEST IS MADE TO FUND THE FOLLOWING PROJECT NOT INCLUDED IN THE CURRENT BUDGET 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. Task Order No. 7 with Stantec Consulting Services for on-call environmental services If Council has authorized the appropriation adjustment, complete the following. Meeting Date: Res No: a Attach copy of resolution to this form. Department Head Signature: 8. APPROVAL SIGNATURES 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. 2015-86 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH STANTEC CONSULTING SERVICES, INC., OF RANCHO CORDOVA, FOR GROUNDWATER MONITORING AND MONITORING WELL MAINTENANCE SERVICES, AND FURTHER APPROPRIATING FUNDS WHEREAS, on April 17, 2013, the City Council approved a Professional Services Agreement with Stantec Consulting Services, Inc., 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, and approved Amendment No. 2 on September 3, 2014, 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 well maintenance which includes: responding to Central Valley Regional Water Quality Control Board and San Joaquin County requests; on-call environmental services related to other City cleanup activities; deployment of passive diffusion bags at wells; and other City -requested out -of -scope services; and WHEREAS, staff recommends approving Amendment No. 3 to the Stantec Professional Services Agreement to provide these services on a time -and -materials basis for an amount not to exceed $15,000 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. 3 to the Professional Services Agreement with Stantec Consulting Services, Inc., 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 $15,000; and BE IT FURTHER RESOLVED that funds in the amount of $15,000 be appropriated from PCE/TCE Cleanup Funds. Dated: June 17, 2015 ----------------------- I hereby certify that Resolution No. 2015-86 was passed and adopted by the City Council of the City of Lodi in a special meeting held June 17, 2015, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Kuehne, Mounce, Nakanishi, and Mayor Johnson NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Deputy City Clerk 2015-86