HomeMy WebLinkAboutAgenda Report - August 15, 2018 C-05TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C-5
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement
with Civil Hydro Tech, LLC, of Sunnyvale, for Ground Water Sampling, Reporting, and
On -Call, Out -of -Scope Services ($55,775), and Appropriating Funds ($55,775)
MEETING DATE: August 15, 2018
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Professional
Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for
groundwater sampling, reporting, and on-call, out -of -scope services, in
the amount of $55,775, and appropriating funds in the amount of $55,775.
BACKGROUND INFORMATION: Five groundwater contaminant plumes have been identified within the
City of Lodi. One of these plumes, considered the Central Plume
Source Area (CPSA), began operating a Groundwater Extraction and Soil
Vapor Extraction (SVE) System in April 2011. That system, along with a variety of cleanup facilities since 2003,
has removed over 17,500 pounds of PCE. The City, along with Varinder Oberoi, Principal Hydrologist, formally
with West Yost Associates, Inc. (WYA), has been working closely on cleanup activities with the Central Valley
Regional Water Quality Control Board (CVRWQCB). Mr. Oberoi, now with Civil Hydro Tech, LLC, has helped
the City develop a work plan and protocol for attaining system closure for the CPSA. The remaining plumes
(Northern, Southern, and South Central/Western Plumes) are currently part of the ongoing monitoring and
sampling program administered by CVRWQCB.
While at WYA, on the behalf of the City of Lodi, Mr. Oberoi recommended monitoring and reporting changes
and submitted a letter to the CVRWQCB, dated November 13, 2017. The City received a revised Monitoring
and Reporting order, incorporating the recommendations on January 11, 2018. As a result, new monitoring
requirements have been reduced by nearly 50 percent, resulting in an annual savings of approximately
$42,000.
Civil Hydro Tech, LLC, recently founded by Varinder Oberoi, PE, is an environmental consulting firm which
specializes in groundwater remediation. Mr. Oberoi has assisted with the City's plume management since
2007, created the City's groundwater contaminant and transport model, and was the Principal Hydrologist with
WYA, responsible for preparing the revised monitoring and reporting recommendations recently submitted and
approved by CRVWQCB, as noted above.
The scope of work for this Professional Services Agreement reflects the reduced monitoring requirements and
will consist of groundwater sampling, preparing required reports for submittal to CVRWQCB, and on-call, out -
of -scope, environmental consulting services for Citywide plume management.
Staff recommends authorizing City Manager to execute Professional Services Agreement with Civil Hydro
Tech, LLC, of Sunnyvale, for groundwater sampling, reporting, and on-call, out -of -scope services, in the
amount of $55,775. Staff also recommends appropriating funds, in the amount of $55,775.
APPROVED: at!
-Stephen Schw 6 suer, City Manager
R:\GROUP\ADMIN\Council\2018\08152018\Civil Hydro Tech\CC_CivilHydro_AR_NL doc
8/2/2018
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Ground Water Sampling, Reporting,
and On -Call, Out -of -Scope Services ($55,775), and Appropriating Funds ($55,775)
August 15, 2018
Page 2
FISCAL IMPACT:
Revising the monitoring and sampling plan to reflect a semi-annual versus
quarterly sampling schedule is expected to save approximately $43,000 per year.
This work does not impact the General Fund.
FUNDING AVAILABLE: Appropriation Request:
Central Plume Fund 590 (59099000.77020): $34,023
Western Plume Fund 594 (59499000.77020): $6,693
Southern Plume Fund 591 (59199000.77020): $11,155
Northern Plume Fund 593 (59399000.77020). $3,904
TOTAL: $55,775
)(4. -
Andrew Keys 1
Deputy City Manager/Internal Services Director
Charles E. Swimley, Jr.
Public Works Director
Prepared by Andrew Richie, Utilities Superintendent
CES/AR/trb
Attachment
R:\GROUP\ADMIN\Council\2018\08152018\Civil Hydro Tech\CC_CivilHydro_AR_NL.doc 8/2/2018
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on , 2018, by and
between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and
CIVIL HYDRO TECH, LLC., a California limited liability company (hereinafter
"CONTRACTOR").
Section 1.2 Purpose
CITY selected the CONTRACTOR to provide the services required in
accordance with attached Scope of Services, Exhibit A, attached and incorporated by
this reference.
CITY wishes to enter into an agreement with CONTRACTOR for Central,
Western, Southern, and Nothern plumes groundwater monitoring and reporting services
(hereinafter "Project") as set forth in the Scope of Services attached here as Exhibit A.
CONTRACTOR acknowledges that it is qualified to provide such services to CITY.
ARTICLE 2
SCOPE OF SERVICES
Section 2.1 Scope of Services
CONTRACTOR, for the benefit and at the direction of CITY, shall perform the
Scope of Services as set forth in Exhibit A.
Section 2.2 Time For Commencement and Completion of Work
CONTRACTOR shall commence work pursuant to this Agreement, upon receipt
of a written notice to proceed from CITY or on the date set forth in Section 2.6,
whichever occurs first, and shall perform all services diligently and complete work under
this Agreement based on a mutually agreed upon timeline or as otherwise designated in
the Scope of Services.
CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other
work products as may be designated in the Scope of Services.
CONTRACTOR shall not be responsible for delays caused by the failure of CITY
staff to provide required data or review documents within the appropriate time frames.
The review time by CITY and any other agencies involved in the project shall not be
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counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
remain in contact with reviewing agencies and make all efforts to review and return all
comments.
Section 2.3 Meetings
CONTRACTOR shall attend meetings as may be set forth in the Scope of
Services.
Section 2.4 Staffing
CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's
capabilities and on the qualifications of CONTRACTOR's principals and staff as
identified in its proposal to CITY. The Scope of Services shall be performed by
CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified
by CONTRACTOR of any change of Project Manager and CITY is granted the right of
approval of all original, additional and replacement personnel at CITY's sole discretion
and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff
prior to any change.
CONTRACTOR represents it is prepared to and can perform all services within
the Scope of Services (Exhibit A) and is prepared to and can perform all services
specified therein. CONTRACTOR represents that it has, or will have at the time this
Agreement is executed, all licenses, permits, qualifications, insurance and approvals of
whatsoever nature are legally required for CONTRACTOR to practice its profession, and
that CONTRACTOR shall, at its own cost and expense, keep in effect during the life of
this Agreement all such licenses, permits, qualifications, insurance and approvals, and
shall indemnify, defend and hold harmless CITY against any costs associated with such
licenses, permits, qualifications, insurance and approvals which may be imposed against
CITY under this Agreement.
Section 2.5 Subcontracts
Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter
into any subcontract with any other party for purposes of providing any work or services
covered by this Agreement.
Section 2.6 Term
The term of this Agreement commences on September 1, 2018 and terminates
upon the completion of the Scope of Services or on August 31, 2019, whichever occurs
first.
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ARTICLE 3
COMPENSATION
Section 3.1 Compensation
CONTRACTOR's compensation for all work under this Agreement shall conform
to the provisions of the Fee Proposal, attached hereto as Exhibit B and incorporated by
this reference.
CONTRACTOR shall not undertake any work beyond the scope of this
Agreement unless such additional work is approved in advance and in writing by CITY.
Section 3.2 Method of Payment
CONTRACTOR shall submit invoices for completed work on a monthly basis, or
as otherwise agreed, providing, without limitation, details as to amount of hours,
individual performing said work, hourly rate, and indicating to what aspect of the Scope
of Services said work is attributable. CONTRACTOR's compensation for all work under
this Agreement shall not exceed the amount of the Fee Proposal.
Section 3.3 Costs
The Fee Proposal shall include all reimbursable costs required for the
performance of the Scope of Services. Payment of additional reimbursable costs
considered to be over and above those inherent in the original Scope of Services shall
be approved in advanced and in writing, by CITY.
Section 3.4 Auditing
CITY reserves the right to periodically audit all charges made by CONTRACTOR
to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to
furnish CITY, or a designated representative, with necessary information and assistance
needed to conduct such an audit.
CONTRACTOR agrees that CITY or its delegate will have the right to review,
obtain and copy all records pertaining to performance of this Agreement.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information
requested and shall permit CITY or its delegate access to its premises, upon reasonable
notice, during normal business hours for the purpose of interviewing employees and
inspecting and copying such books, records, accounts, and other material that may be
relevant to a matter under investigation for the purpose of determining compliance with
this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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ARTICLE 4
MISCELLANEOUS PROVISIONS
Section 4.1 Nondiscrimination
In performing services under this Agreement, CONTRACTOR shall not
discriminate in the employment of its employees or in the engagement of any sub
CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital
status, national origin, ancestry, age, or any other criteria prohibited by law.
Section 4.2 ADA Compliance
In performing services under this Agreement, CONTRACTOR shall comply with
the Americans with Disabilities Act (ADA) of 1990, and all amendments thereto, as well
as all applicable regulations and guidelines issued pursuant to the ADA.
Section 4.3 Indemnification and Responsibility for Damage
CONTRACTOR to the fullest extent permitted by law, shall indemnify and hold
harmless CITY, its elected and appointed officials, directors, officers, employees and
volunteers from and against any claims, damages, losses, and expenses (including
reasonable attorney's fees and costs), arising out of performance of the services to be
performed under this Agreement, provided that any such claim, damage, loss, or
expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any
subcontractor employed directly by CONTRACTOR, anyone directly or indirectly
employed by any of them, or anyone for whose acts they may be liable, except those
injuries or damages arising out of the active negligence, sole negligence, or sole willful
misconduct of the City of Lodi, its elected and appointed officials, directors, officers,
employees and volunteers. CITY may, at its election, conduct the defense or participate
in the defense of any claim related in any way to this indemnification. If CITY chooses at
its own election to conduct its own defense, participate in its own defense, or obtain
independent legal counsel in defense of any claim related to this indemnification,
CONTRACTOR shall pay all of the costs related thereto, including without limitation
reasonable attorney fees and costs. The defense and indemnification obligations
required by this Agreement are undertaken in addition to, and shall not in any way be
limited by the insurance obligations set forth herein.
Section 4.4 No Personal Liability
Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
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Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
Section 4.7 Successors and Assigns
CITY and CONTRACTOR each bind themselves, their partners, successors,
assigns, and legal representatives to this Agreement without the written consent of the
others. CONTRACTOR shall not assign or transfer any interest in this Agreement
without the prior written consent of CITY. Consent to any such transfer shall be at the
sole discretion of CITY.
Section 4.8 Notices
Any notice required to be given by the terms of this Agreement shall be in writing
signed by an authorized representative of the sender and shall be deemed to have been
given when the same is personally served or upon receipt by express or overnight
delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class
or certified mail, postage prepaid, addressed to the respective parties as follows:
To CITY:
City of Lodi
221 West Pine Street
P.O. Box 3006
Lodi, CA 95241-1910
Attn: Andrew Richle
To CONTRACTOR: Civil Hydro Tech, LLC.
581 Montego Terrace
Sunnyvale, CA 94089
Attn: Varinder Oberoi
Section 4.9 Cooperation of CITY
CITY shall cooperate fully and in a timely manner in providing relevant
information it has at its disposal relevant to the Scope of Services.
Section 4.10 CONTRACTOR is Not an Employee of CITY
CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
5
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
6
Section 4.14 City Business License Requirement
CONTRACTOR acknowledges that Lodi Municipal Code Section 3.01.020
requires CONTRACTOR to have a city business license and CONTRACTOR agrees to
secure such license and pay the appropriate fees prior to performing any work
hereunder.
Section 4.15 Captions
The captions of the sections and subsections of this Agreement are for
convenience only and shall not be deemed to be relevant in resolving any question or
interpretation or intent hereunder.
Section 4.16 Integration and Modification
This Agreement represents the entire understanding of CITY and
CONTRACTOR as to those matters contained herein. No prior oral or written
understanding shall be of any force or effect with respect to those matters covered
hereunder. This Agreement may not be modified or altered except in writing, signed by
both parties.
Section 4.17 Contract Terms Prevail
All exhibits and this Agreement are intended to be construed as a single
document. Should any inconsistency occur between the specific terms of this
Agreement and the attached exhibits, the terms of this Agreement shall prevail.
Section 4.18 Severability
The invalidity in whole or in part of any provision of this Agreement shall not void
or affect the validity of any other provision of this Agreement.
Section 4.19 Ownership of Documents
All documents, photographs, reports, analyses, audits, computer media, or other
material documents or data, and working papers, whether or not in final form, which
have been obtained or prepared under this Agreement, shall be deemed the property of
CITY. Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such
documents during CONTRACTOR's regular business hours. Upon termination or
completion of services under this Agreement, all information collected, work product and
documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days.
CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any
liability resulting from CITY's use of such documents for any purpose other than the
purpose for which they were intended.
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Section 4.20 Authority
The undersigned hereby represent and warrant that they are authorized by the
parties to execute this Agreement.
Section 4.21 Federal Transit Funding Conditions
❑ If the box at left is checked, the Federal Transit Funding conditions attached as
Exhibit D apply to this Agreement. In the event of a conflict between the terms of this
Agreement or any of its other exhibits, and the Federal Transit Funding Conditions, the
Federal Transit Funding Conditions will control.
IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this
Agreement as of the date first above written.
ATTEST:
CITY OF LODI, a municipal corporation
JENNIFER M. FERRAIOLO STEPHEN SCHWABAUER
City Clerk City Manager
APPROVED AS TO FORM: CIVIL HYDRO TECH, LLC., a California limited
JANICE D. MAGDICH, City Attorney liability company
By: By:
Name: VARINDER OBEROI
Title: Principal Hydrologist
Attachments:
Exhibit A — Scope of Services
Exhibit B — Fee Proposal
Exhibit C — Insurance Requirements
Exhibit D — Federal Transit Funding Conditions (if applicable)
Funding Source: 59099000.77020, 59399000.77020, 59499000.77020, 59199000.77020
(Business Unit & Account No.)
Doc ID:R:\GROUP\ADMIN\Council\2018\08152018\Civil Hydro Tech\PSA
CA:Rev.01.2015
8
CIVIL 1-1YDDC TECF-I
Gr viz/ Erwiroo•#Kes,.fa,L/ Wa/er Resource -
July 20, 2018
Mr. Charlie Swimley
Public Works Director
City of Lodi
221 West Pine Street
Lodi CA 95240
Exhibit A/B
SENT VIA: EMAIL
SUBJECT: Proposal for Central, Western, Southern, and Northern Plumes
Groundwater Monitoring and Reporting Services
Lodi, California.
Dear Mr. Swimley:
Per your request, Civil Hydro Tech, LLC (CHT) has prepared the following proposed scope of
work and estimated costs for performing Groundwater Monitoring and Reporting Services
(Project) for the City of Lodi (Lodi) Central, Western, Southern, and Northern Plumes (Lodi
Plumes). Monitoring and sampling activities will be conducted at Central, Western, Southern,
and Northern Plumes Plume wells in accordance with the revised Monitoring and Reporting
Order No. R5-2018-0800 (Order), issued by the Central Valley Regional Water Quality Control
Board (Water Board) on January 11, 2018. This Order replaces the requirements of Order
No. R5-2008-0813 that was issued on April 17, 2008, and incorporates all the recommended
monitoring and reporting changes presented by West Yost Associates on behalf of the City of
Lodi in a letter dated November 13, 2017.
As per the revised Order, the Water Board has reduced the monitoring and sampling frequency
of the Lodi Plumes monitoring wells from quarterly to semi-annual during the 1st and 3rd
quarters. The Water Board has similarly reduced the reporting, with a semi-annual report due
after the 1st quarter event and an annual report due after the 3rd quarter event.
SCOPE OF SERVICES
The scope of services (SOS) only includes the costs and services associated for performing semi-
annual monitoring and sampling services of the Lodi Plume monitoring wells for the third
quarter of 2018 and the first quarter of 2019. Costs for performing monitoring, sampling, and
reporting services for additional years have not been included as it is CHTs' assumption that the
number of monitoring wells sampled will be reduced significantly in 2019 following completion
of the ongoing soil and groundwater remedial activities for the Lodi Central Plume source and
mid -plume areas. CHT proposes to perform the following tasks for Project:
• Task 1: Monitoring, Sampling, and Analysis
• Task 2: Data Analysis and Reporting
• Task 3: Project Management
• Task 4: Out of Scope Services
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 2
TASK 1 MONITORING, SAMPLING, AND ANALYSIS
Prior to commencement of field work, the current site-specific Health and Safety Plan (HASP)
will be reviewed and updated 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 (CaI-OSHA) guidelines ( CCR Title 8, Section 5192 ). All
CHT field staff and any potential subcontractors will review and sign the HASP before
beginning field operations at the site.
As stated previously, monitoring and sampling activities will be conducted at the Lodi Plumes
monitoring wells in accordance with the revised Order No. R5-2018-0800. As in previous
sampling events, Passive Diffusion Bag (PDB) samplers will be used in all monitoring wells;
hence, typical indicator parameters (pH, electrical conductivity, and temperature) that are
normally collected during well purging, will not be collected as they are not applicable. Depth -
to -Groundwater (DTW) will be measured quarterly to the nearest 0.01 foot in all accessible wells
and recorded on CHT's Groundwater Gauging Form and Groundwater Sampling Form for PDBs.
Of the seventy seven (77) wells in the program, five (5) wells - MW -13, MW -16, MW -18,
MW -16C, and MW -18C - will be monitored for DTW measurements only. Groundwater
sampling activities will be performed at seventy two (72) wells annually (third quarter of 2018),
and fifty two (52) wells semi-annually (first quarter of 2019), per the schedule presented on the
Table shown in the next page.
The Table indicates the respective number of samples collected during the semiannual and
annual sampling events. Based on the manufacturer's recommendation, the PDB samplers will be
deployed at depths within the screened intervals a minimum of two weeks prior to sample
retrieval so as to provide adequate time to equilibrate. For our sampling event, the PDBs to be
collected in a given sampling event will be deployed during the previous monitoring and
sampling event. Special care will be taken to avoid potential cross -contamination of the PDB,
hanger assembly, and suspension cable during deployment, including ensuring that all sample
deployment cables are straight, and the PDB does not lodge in the casing prior to reaching the
required depth. The PDB samplers will be procured pre -filled with de -ionized water from the
manufacturer, or from the contracted laboratory at their facility, prior to deployment in the wells.
The PDB samplers will be obtained from either Eon Products inc. or Colombia Analytical
Services, which are the two main suppliers of PDB samplers and suspension equipment.
The PDB sample for a given well will be retrieved from the well and immediately dispensed into
three laboratory prepared 40 -milliliter volatile organic analysis (VOA) sample containers that
have already been assigned pre -completed sample labels. Following sampling completion, the
samples will be immediately placed in an iced -cooler for delivery under appropriate chain -of -
custody protocol to a California -certified analytical laboratory. All relevant sample collection
information, including sample collection time and date, sample depth, groundwater depth, depth
to well bottom, sampling technician's name, and duplicate samples, if any, will be recorded by
CHT on its Groundwater Sampling Form. DTW measurements for each monitoring well will be
performed prior to PDB retrieval and depth to well bottom measurements will be recorded
following PDB retrieval. CHT assumes that any needed access agreements' are in place with the
owners of the property where the monitoring wells of the Lodi Plumes are located.
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 3
MONITORING & SAMPLING FREQUENCY 1
Semi -Annual 2
Annual 3
Groundwater Zone
Central Plume Wells
G-04, G-05, G-06, G-08, G-11, G-12, G-13,
G -14A, G -15A, G -16A, G -17A, G -18A,
G -19A, G -24A, MW -09, MW -12, MW13*,
MW -18*, MW -21A, PCP -04
G-10, MW -08, MW -15,
MW -17, MW -24A
Shallow < 75 feet
G -16B, G -24B, G -25A, MW -21B, MW -22B,
MW -23B, MW -25B
G -14B, MW 24B, MW -24C
Intermediate
75 < 125 feet
G -25B, MW -21C, MW -22C, MW -23C
G -14C, G -18B
Deep
125 < 150 feet
G -16C, G -18C*, MW -27D
G -25C, MW -25C, MW -26D
Deeper> 150 feet
34
13
# of Wells
Western Plume Wells
MW -11, MW -16*
**
Shallow < 75 feet
WMW-1A
**
Deep
125 < 150 feet
WMW-1B, WMW-1C, WMW-2A, WMW-2B,
WMW-2C, WMW-2D
**
Deeper > 150 feet
9
0
# of Wells
Southern Plume Wells
OS -2U, SA -03, SA -06, SA -07, SA -09, SA -10
MW -19, SA O1, SA -02,
SA -04, SA -05, SA -08
Shallow <75 feet
OS -2L, , SMW-1A
OS -1
Intermediate
75<125feet
SMW-1B
**
Deeper> 150 feet
9
7 _
# of Wells
Northern Plume Wells
MW -2, MW -5
**
Shallow < 75 feet
NMW-IA, NMW-1B, NMW-1C
**
Deeper> 150 feet
5
0
# of Wells
MEMIP11.111111111.11111
21)
'total 1.1 e1ls `sampled
NOTES
- March) and third (July - September) quarters.
of each year.
monitored for Depth to Groundwater only.
All shall be monitored semi-annually for Depth to Groundwater
2 Wells shall be sampled semi-annually during the first (January
3 Wells shall be sampled annually during the third quarter
* MW -13, MW -16, MW -18, MW -16C, and MW -18C are
** Semi-annual sampling requirements for wells
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 4
TASK 2 DATA ANALYSIS, REPORTING, AND GEOTRACKER COMPLIANCE
Following completion of the analytical program in accordance with the Project, each sample will
be analyzed by a California -certified analytical laboratory using U.S. Environmental Protection
Agency (EPA) sample preparation Method 5030B and EPA analytical Method 8260B. For
consistency with previous analytical program, in addition to the 8260B full -spectrum scan,
methyl tertiary butyl ether (MTBE), carbon disulfide, and acetone will also be reported.
For quality assurance and quality control (QA/QC) purposes, CHT will analyze ten percent of
the total number of samples retrieved as QA/QC duplicate samples and one trip blank per cooler.
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 monitoring reports.
Semi-annual data analysis, reporting, and GeoTracker submittal will be performed for one year.
CHT will maintain the City's EQuIS chemical database containing historical analytical data for
the Lodi Plume wells. For each semi-annual period, the analytical laboratory will provide a
GeoTracker compatible Electronic Data Deliverable (EDD) for uploading to GeoTracker and an
EQuIS compatible EDD for addition to the project database. CHT will ensure that the EDDs will
be processed through a rigorous set of electronic quality checks and procedures before being
imported into the database. To ensure the data integrity of all the samples, CHT will randomly
check ten percent (10%) of all the monitoring samples for completeness and accuracy against the
laboratory PDF and field notes during the reporting stage, and another ten percent (10%) during
the peer -review stage.
Following the generation and QA/QC of the required tables and figures, CHT will evaluate the
data and prepare a monitoring report as per the requirements of the Order. As per the Order the
semi-annual report will include the following minimum information:
a. A description and discussion of the groundwater sampling event and results, including
trends in the concentrations of pollutants and groundwater elevations in the wells, how
and when samples were collected, and whether the pollutant plume(s) is delineated.
b. Groundwater contour maps for alt groundwater zones, if applicable.
c. lsocontour pollutant concentration maps for all groundwater zones and all major
constituents of concern, if applicable.
d. A table showing well construction details such as well number, groundwater zone being
monitored, coordinates (longitude and latitude), ground surface elevation, reference
elevation, elevation of screen, elevation of bentonite, elevation of filter pack, and
elevation of well bottom.
e. Cumulative data tables for all major constituents of concern containing the water quality
analytical results and depth to groundwater for all monitoring wells.
f. Copies of the laboratory analytical data report.
g. The status of any ongoing remediation, including cumulative information on the mass of
pollutant removed from the subsurface, system operating time, the effectiveness of the
remediation system, and any field notes pertaining to the operation and maintenance of
the system.
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 5
h. If applicable, the reasons for and duration of all interruptions in the operation of any
remediation system, and actions planned or taken to correct and prevent interruptions.
The Annual Report will contain an evaluation of the effectiveness and progress of the
investigation and remediation, the information listed above for the semi-annual report, and the
following minimum information:
a. Both tabular and graphical summaries of all data obtained during 2018
b. Groundwater contour maps and pollutant concentration maps containing all data obtained
during the previous year.
c. Cumulative data tables for all major constituents of concern containing the water quality
analytical results and depth to groundwater for all monitoring wells.
d. A discussion of the long-term trends in the concentrations of the pollutants in the
groundwater monitoring wells.
e. An analysis of whether the pollutant plume is being captured by an extraction system or
is continuing to spread.
f. A description of all remedial activities conducted during the year, an analysis of their
effectiveness in removing the pollutants, and plans to improve remediation system
effectiveness.
g.
An identification of any data gaps and potential deficiencies/redundancies in the
monitoring system or reporting program.
h. If applicable, a proposal and rationale for any revisions to the groundwater sampling plan
frequency and/or list of analytes.
i. The results of any monitoring done more frequently than required at the locations
specified in the Order also shall be reported to the Water Board.
As the Order also requires summaries of the remedial system performance in the monitoring
reports, CHT will work with the City's current remedial consultant that operates the Lodi Central
Plume (LCP) source -area soil vapor extraction (SVE) system and the recently installed Church /
Tokay groundwater extraction and treatment (GWET) system to provide the required remedial
summary in the monitoring reports.
In compliance with the requirements of the California Code of Regulations, Title 23, Division 3,
Chapter 30, the monitoring reports (and EDD's of analytical data) will be submitted
electronically by CHT to the Water Board GeoTracker database system. The 2018 Annual
Report will be submitted electronically to the Geo Tracker database system by
November 1, 2018, and the 2019 Semi -Annual Report will be submitted on May 1, 2019. The
reports will be completed in accordance with the Order and submitted to the City in draft form
for review two weeks prior to the above submittal dates. Revised reports incorporating mutually
agreeable comments will be submitted to the Water Board within one week of receiving City
comments and by the above prescribed submittal dates.
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 6
TASK 3 PROJECT MANAGEMENT AND CLIENT CONSULTATION
Under this Task, CHT will perform project management activities that will include, but not
limited to, budget tracking, invoicing, payment for analytical laboratory services, and
communication with the Client as well as the Water Board. Our services also include attending a
kickoff meeting and transferring all the relevant data files (tables and figures) from the previous
Consultant. All field activities, including PDB deployment, depth to water measurements, and
PDB sample retrieval will be properly scheduled in advance with the appropriate City personnel.
Additionally, CHT will coordinate 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 that are sampled by the City's Water Division.
TASK 4 OUT OF SCOPE SERVICES
In addition to the above stated Tasks, necessary out -of -scope work would include but is not
limited to the following:
• Ongoing well maintenance and repairs, such as well cap and well -box replacements as
needed on the current Central, Western, Southern, and Northern Plumes monitoring well
network of 77 monitoring wells.
• Procurement of required permits and coordination of inspections with San Joaquin
County, if necessary, to complete the out -of -scope work.
• Ongoing evaluation, procurement. and replacement of PDB suspension tethers, as
needed, to insure sample integrity and correct deployment depths.
• Additional unanticipated out -of -scope work as requested by the City.
FEE ESTIMATE
CHT will perform the above stated scope of services on a time -and -expenses basis to not exceed
our estimated fee of $47,775 without your prior written authorization. Additionally, CHT has
also provided a time and materials budget estimate of $8,000 for potential out -of -scope work that
may be required as part of the Project or as requested by the City. The out -of scope work will be
completed in accordance with the terms and conditions of our Agreement for Consulting
Services.
CHT billing rates shown in the attached Estimated Budget table will be in effect for the duration
of this Project. Equipment owned by CHT will be charged at the rates provided in the attached
table. All equipment rentals (if necessary) and subcontractor/ sub -consultant fees (including
laboratory costs) will be charged at cost +10% markup.
Additionally, CHT will provide cost estimates in advance of performing out -of -scope services, if
necessary, during the course of the Project
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Monitoring & reporting Services
Lodi Central, Western, Southern, and Northern Plumes
July 20, 2018
Page 7
SCHEDULE
Work will commence in September 2018 upon receipt of your written authorization. We look
forward to assisting you on this project. Please do not hesitate to contact Varinder Oberoi at
(415) 424-3009 with any questions regarding this proposal.
Sincerely,
Civil Hydro Tech, LLC
•
Varinder Oberoi, PE (RCE #C69037)
Principal Hydrologist
Charlie Swimley Janice D. Magdich
Director - Public Works department City Attorney
Jennifer Ferraiolo Date
City Clerk
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
CATEGORY
grin :ipal Hydrologist (QA/QC) - Licensed Professional
Senor Hydrologist / Project Manager - Licensed Professional
Staff Hydrologist
GIS I AUTOCAD / Staff
AdMinistrator / Staff
Total Labor
r IPMENT
Fie Vehicle
Water Level Meter
Level D Equipment
Total Equipment
SUR -CONTRACTOR
Analsytical Laboratory (82608)
PDB Sampler
To11Sub-Contractor
Markup 5 1O%
Total Sub -Contractor
TOTAL COSTS
UNITS RATE
hour
hour
hour
hour
hour
day
day
day
each
each
$175
$150
$100
$100
$75
$100
$25
$50
$75
$30
ESTIMATED BUDGET
City of Lodi Central, Western, Southern, and Northern Plumes
Groundwater Monitoring, Sampling, & Reporting Services
TASK 1 - MONITORING, SAMPLING, & ANALYSIS
TASK 2 - DATA ANALYSIS & REPORTING
Annual (2018) Semi-Annual(2019)
Annual (2018)
TASK 3 - PROJECT
MANAGEMENT
TASK 4 - OUT OF SCOPE
Semi-Annual(2019) TOTAL
COST
Units
0
8
50
0
0
5
5
79
79
Cost Units
$0
$1,200
$5,000
$0
$0
66 200
$500
$125
$250
5875
$5,925
$2,370
$8,295
$830
$9,125
0
8
40
0
0
4
4
4
63
63
Cost
$0
$1,200
$4,000
$0
$0
$5,200
$400
$100
$200
$700 _
$4,725
$1,890
$6,615
$660
67,275
Units
2
16
24
16
4
a.
Q
a
0
0
Cost
$350
$2,400
$2,400
$1,600
$300
57,050
$0
$0
$0
50
$0
$0
50
Units
2
14
20
12
4
0
0
0
0
0
Cost
$350
$2,100
$2,000
$1,200
$300
$5,950
$0
$0
$0
60
$0
$0
60
Units
0
32
0
0
8
0
0
Cost Units
$0
$4,800
$0
$0
$600
55,400
$0
$0
$a
SO
$0
$0
50
0
0
0
0
0
a
0
0
Cost
$0
$0
$0
$0
$0
50
$0
$0
$0
60
$0
$0
$29,800
$1,575
50
$16,400
Task 1
$29,375
Task 2
513,000
Task 3
55,400
Task 4
58,000
$55,775
Not to Exceed $55,775
NOTE: The City of Lodi is now using the online insurance program PINS Advantage. Once you have been awarded a
contract you will receive an email from the City's online insurance program requesting you to forward the email to your
insurance provider(s) to submit the required insurance documentation electronically
Insurance Requirements for Most Contracts
(Not construction or requiring professional liability)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages
to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the
Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including
products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than
$2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this
project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto or if Contractor has no owned autos, then hired, and non -
owned autos with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: as required by the State of California, with Statutory Limits, and Employers Liability Insurance with limit
of no less than $1,000,000 per accident for bodily injury or disease
Other Insurance Provisions:
(a) Additional Named Insured Status
The City of Lodi, its elected and appointed boards, commissions, officers, agents, employees, and volunteers are to be covered
as additional insureds on the CGL and auto policy with respect to liability arising out of work or operations performed by or on
behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General
liability coverage can be provided in the form of an endorsement to the Contractor's insurance (at least as broad as ISO Form
CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38. and CG 20 37 if a
later edition is used
(b) Primary and Non -Contributory Insurance Endorsement
The limits of insurance coverage required may be satisfied by a combination of primary and umbrella or excess insurance. For
any claims related to this contract, the Contractors insurance coverage shall be primary coverage at least as broad as ISO CG
20 01 04 13 as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained
by the Entity, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute
with it.
(c) Waiver of Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the City of Lodi by virtue of the payment of any loss under such insurance. Contractor agrees to
obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether
or not the City of Lodi has received a waiver of subrogation endorsement from the insurer
NOTE: (1) The street address of the CITY OF LODI must be shown along with (a) and (b) and (c) above: 221 West Pine Street,
Lodi, California, 95240; (2) The insurance certificate must state, on its face or as an endorsement, a description of the project
that it is insuring.
(d) 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 under the Contractors commercial general liability and automobile liability policies.
(e) Notice of Cancellation or Change in Coverage Endorsement
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 West Pine St., Lodi, CA 95240.
Page 1 1 of 2 pages Risk: rev. 3/1/2018
(f) Continuity of Coverage
All policies shall be in effect on or before the first day of the Term of this Agreement. At least thirty (30) days prior to the expiration
of each insurance policy, Contractor shall furnish a certificate(s) showing that a new or extended policy has been obtained which
meets the minimum requirements of this Agreement. Contractor shall provide proof of continuing insurance on at least an annual
basis during the Term. If Contractor's insurance lapses or is discontinued for any reason, Contractor shall immediately notify the
City and immediately obtain replacement insurance. 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 California Tort Claims Act (California Government Code Section 810 et seq.).
(g) Failure to Comply
If Contractor fails or refuses to obtain and maintain the required insurance, or fails to provide proof of coverage, the City may obtain
the insurance. Contractor shall reimburse the City for premiums paid, with interest on the premium paid by the City at the maximum
allowable legal rate then in effect in California. The City shall notify Contractor of such payment of premiums within thirty (30) days
of payment stating the amount paid, the name(s) of the insurer(s), and rate of interest. Contractor shall pay such reimbursement
and interest on the first (1st) day of the month following the City's notice. Notwithstanding any other provision of this Agreement,
if Contractor fails or refuses to obtain or maintain insurance as required by this agreement, or fails to provide proof of insurance,
the City may terminate this Agreement upon such breach Upon such termination, Contractor shall immediately cease use of the
Site or facilities and commence and diligently pursue the removal of any and all of its personal property from the site or facilities.
(h) Verification of Coverage
Consultant shall furnish the City with a copy of the policy declaration and endorsement page(s), original certificates and
amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates
and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the Consultant's obligation to provide them. The City reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at
any time. Failure to exercise this right shall not constitute a waiver of the City's right to exercise after the effective
date.
(1) Self -Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability
to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall
provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.
(j) Insurance Limits
The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's officers, employees, agents,
representatives or subcontractors. Contractor's obligation to defend, indemnify and hold the City and its officers, officials,
employees, agents and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement
in the Agreement for Contractor to procure and maintain a policy of insurance.
(k) Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and
Consultant shall ensure that City is an additional insured on insurance required from subcontractors
(I) Qualified Insurer(s)
All insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of
California which are rated at least "A-, VI" by the AM Best Ratings Guide, and which are acceptable to the City. Non -admitted
surplus lines carriers may be accepted provided they are included on the most recent list of California eligible surplus lines
insurers (LESLI list) and otherwise meet City requirements.
Page 2 of 2 pages Risk: rev. 3/1/2018
RESOLUTION NO. 2018-153
A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING
THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH CIVIL HYDRO TECH, LLC, OF
SUNNYVALE, FOR GROUND WATER SAMPLING,
REPORTING, AND ON-CALL, OUT -OF -SCOPE SERVICES;
AND FURTHER APPROPRIATING FUNDS
WHEREAS, the City, along with Varinder Oberoi, Principal Hydrologist, formerly with
West Yost Associates, Inc., has been working closely on cleanup activities with the Central
Valley Regional Water Quality Control Board (CVRWQCB); and
WHEREAS, new monitoring requirements have been reduced by nearly 50 percent; and
WHEREAS, the scope of work for this Professional Services Agreement reflects the
reduced monitoring requirements and will consist of groundwater sampling, preparing required
reports for submittal to CVRWQCB, and on-call, out -of -scope, environmental consulting
services for Citywide plume management; and
WHEREAS, staff also recommends authorizing the City Manager to execute a
Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for groundwater
sampling, reporting, and on-call, out -of -scope services, in the amount of $55,775; and
WHEREAS, staff also recommends that the City Council appropriate funds in the
amount of $34,023 from the fund balance of Central Plume Cleanup Fund (59099000.77020),
$3,904 from the fund balance of Northern Plume Cleanup Fund (59399000.77020), $11,155
from the fund balance of Southern Plume Cleanup Fund (59199000.77020), and $6,693 from
the fund balance of Western Plume Cleanup Fund (59499000.77020) for Fiscal Year 2018/19.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a Professional Services Agreement with
Civil Hydro Tech, LLC, of Sunnyvale, California, for groundwater sampling, reporting, and
on-call, out -of -scope services, in the amount of $55,775; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an
appropriation for ground water sampling, reporting, and on-call, out -of -scope services, in the
amount of $55,775, as set forth above.
Dated: August 15, 2018
I hereby certify that Resolution No. 2018-153 was passed and adopted by the City Council of
the City of Lodi in a regular meeting held August 15, 2018, by the following vote:
AYES: COUNCIL MEMBERS — Chandler, Johnson, Kuehne, and Mayor Nakanishi
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Mounce
ABSTAIN: COUNCIL MEMBERS — None
O
dJ NNIFE M. FERRAIOLO
City Clerk
2018-153