HomeMy WebLinkAboutAgenda Report - April 17, 2019 C-18TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM
C- 1 8
AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Professional Services
Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for the Groundwater
Program and PCE/TCE Plume Management ($141,700), and Appropriating Funds
($141,700)
MEETING DATE: April 17, 2019
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 Program and PCE/TCE Plume Management, in the
amount of $141,700, and appropriating funds in the amount of $141,700.
BACKGROUND INFORMATION: Historical practices have resulted in the contamination of groundwater
by tetrachloroethylene (PCE) and trichloroethylene (TCE) producing
four identified groundwater contaminant plumes (Northern, Southern,
Central and Western) within the City of Lodi. Efforts to remove PCE and related contaminants from
the Central Plume Source Area (CPSA), have been ongoing since 2003, utilizing both soil vapor extraction
(SVE) and groundwater extraction (GWE) systems. To date, the operation of the current SVE/GWE
treatment systems has resulted in the removal of slightly under 20,000 pounds of PCE since operation
began.
The City, with the assistance of Civil Hydro Tech, LLC, has been working closely on cleanup activities for
the CPSA with the Central Valley Regional Water Quality Control Board. Recent sampling data suggests it
is appropriate to begin moving towards regulatory closure of the SVE/GWE systems with the goal of
system shutdown and removal. The proposed scope of work includes installation of passive soil gas
samplers, indoor and ambient air sampling and on-call SGMA and city-wide plume management in the
following tasks:
1) Provide monitoring and reporting to achieve regulatory closure of the SVE/GWE system with the
ultimate goal of system shutdown and removal;
2) Assist the City with management of the remaining groundwater plumes;
3) Provide the City with guidance related to the Sustainable Groundwater Management Act (SGMA)
Staff recommends authorizing City Manager to execute Professional Services Agreement with Civil
Hydro Tech, LLC, of Sunnyvale, for Groundwater Program and PCE/TCE Plume Management, in the
amount of $141,700. Staff also recommends appropriating funds, in the amount of $141,700.
FISCAL IMPACT:
Obtaining SVE System closure would save approximately $150,000
annually in operation and maintenance costs. This work does not impact
the General Fund.
APPROVED:
City Manager
R:\GROUP\ADMIN\Council\2019\04172019\Civil Hydro\CC_CivilHydro_NL_AR doc 4/1/2019
Adopt Resolution Authorizing City Manager to Execute Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for the Groundwater Program
and PCE/TCE Plume Management ($141,700), and Appropriating Funds ($141,700)
April 17, 2019
Page 2
FUNDING AVAILABLE: Appropriation Request:
Central Plume Fund 590 (59099000.77020): $68,400
Southern Plume Fund 591 (59199000.77020): $23,300
PCE/TCE Rates Fund 565 (56599000.77020): $25,000
Water Administration Fund (56052001.72450): $25,000
TOTAL: $141,700
Andrew Keys
Deputy City Manager/Internal Services Director
Charles E. SwimTey, Jr.
Public Works Director
Prepared by Andrew Richle, Utilities Superintendent
CES/AR/tw
Attachment
R:\GROUPWDMIN\Council\2019\04172019\Civil Hydro\CC_CivilHydro_NL_AR.doc 4/1/2019
AGREEMENT FOR PROFESSIONAL SERVICES
ARTICLE 1
PARTIES AND PURPOSE
Section 1.1 Parties
THIS AGREEMENT is entered into on April , 2019, 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 PCE/TCE
groundwater program and plume management (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
counted against CONTRACTOR's contract performance period. Also, any delays due to
weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall
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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 May 1, 2019 and terminates upon
the completion of the Scope of Services or on April 31, 2022, whichever occurs first.
Section 2.7 Option to Extend Term of Agreement
At its option, City may extend the terms of this Agreement for an additional two
(2) one (1)-year extensions; provided, City gives Contractor no less than thirty (30) days
written notice of its intent prior to expiration of the existing term. In the event City
exercises any option under this paragraph, all other terms and conditions of this
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Agreement continue and remain in full force and effect.
The total duration of this Agreement, including the exercise of any option under
this paragraph, shall not exceed five (5) years.
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 Prevailing Wage
The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division
2 of the Labor Code. The Contractor and any Subcontractor will pay the general
prevailing wage rate and other employer payments for health and welfare, pension,
vacation, travel time, and subsistence pay, apprenticeship or other training programs.
The responsibility for compliance with these Labor Code requirements is on the prime
contractor.
Section 3.3 Contractor Registration — Labor Code §1725.5
No contractor or subcontractor may be awarded a contract for public work on a
public works project (awarded on or after April 1, 2015) unless registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5.
This project is subject to compliance monitoring and enforcement by the
Department of Industrial Relations.
Section 3.4 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 3.5 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.
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Section 3.6 (AB 626) Public Contract Code Section 9204 — Public Works Project
Contract Dispute Resolution Procedure
Section 9204 of the California Public Contract Code (the "Code") provides a
claim resolution process for "Public Works Project" contracts, as defined, which is
hereby incorporated by this reference, and summarized in the following:
Definitions:
"Claim" means a separate demand by a contractor sent by registered mail or certified
mail with return receipt requested, for one or more of the following:
(A) A time extension, including, without limitation, for relief from damages or
penalties for delay assessed by the City under a contract for a Public Works Project.
(B) Payment of money or damages arising from work done by, or on behalf
of, a contractor pursuant to a contract for a Public Works Project and payment for which
is not otherwise expressly provided or to which a claimant is not otherwise entitled.
(C) Payment of an amount that is disputed by the City.
"Public Works Project" means the erection, construction, alteration, repair, or
improvement of any public structure, building, road, or other public improvement of any
kind.
Claim Resolution Process:
(1) All Claims must be properly submitted pursuant to the Code and include
reasonable documentation supporting the Claim. Upon receipt of a Claim, the City will
conduct a reasonable review, and within a period not to exceed 45 days, will provide the
claimant a written statement identifying the disputed and undisputed portions of the
Claim. The City and contractor may, by mutual agreement, extend the time periods in
which to review and respond to a Claim. If the City fails to issue a written statement,
paragraph (3) applies.
Any payment due on a portion of the Claim deemed not in dispute by the City will
be processed and made within 60 days after the City issues its written statement.
(2) If the claimant disputes the City's response, or if the City fails to respond
to a Claim within the time prescribed in the Code, the claimant may demand in writing,
by registered mail or certified mail, return receipt requested, an informal conference to
meet and confer for settlement of the issues in dispute, which will be conducted within
30 days of receipt.
If the Claim or any portion thereof remains in dispute after the meet and confer
conference, the City will provide the claimant a written statement, within 10 business
days, identifying the remaining disputed and undisputed portions of the Claim. Any
payment due on an undisputed portion of the Claim will be processed and made within
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60 days after the City issues its written statement. Any disputed portion of the Claim, as
identified by the contractor in writing, shall be submitted to nonbinding mediation, as set
forth in the Code, unless mutually waived and agreed, in writing, to proceed directly to a
civil action or binding arbitration, as applicable.
(3) A Claim that is not responded to within the time requirements set forth in
the Code is deemed rejected in its entirety. A Claim that is denied by reason of such
failure does not constitute an adverse finding with regard to the merits of the Claim or
the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by the Code will bear
interest at 7 percent per annum.
(5) Subcontractors or lower tier subcontractors that lack legal standing or
privity of contract to assert a Claim directly against the City, may request in writing, on
their behalf or the behalf of a lower tier subcontractor, that the contractor present a
Claim to the City for work performed by the subcontractor or lower tier subcontractor.
The request shall be accompanied by reasonable documentation to support the Claim.
Within 45 days of receipt of such written request, the contractor shall notify the
subcontractor in writing as to whether the contractor presented the Claim to the City and,
if the original contractor did not present the Claim, provide the subcontractor with a
statement of the reasons for not having done so.
The Claim resolution procedures and timelines set forth in the Code are in
addition to any other change order, claim, and dispute resolution procedures and
requirements set forth in the City contract documents, to the extent that they are not in
conflict with the timeframes and procedures the Code.
Section 3.7 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
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this requirement. CONTRACTOR further agrees to maintain such records for a period of
three (3) years after final payment under this Agreement.
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
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Neither the City Council, nor any other officer or authorized assistant or agent or
City employee shall be personally responsible for any liability arising under this
Agreement.
Section 4.5 Responsibility of CITY
CITY shall not be held responsible for the care or protection of any material or
parts of the work described in the Scope of Services prior to final acceptance by CITY,
except as expressly provided herein.
Section 4.6 Insurance Requirements for CONTRACTOR
CONTRACTOR shall take out and maintain during the life of this Agreement,
insurance coverage as set forth in Exhibit C attached hereto and incorporated by this
reference.
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
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CONTRACTOR agrees that in undertaking the duties to be performed under this
Agreement, it shall act as an independent contractor for and on behalf of CITY and not
an employee of CITY. CITY shall not direct the work and means for accomplishment of
the services and work to be performed hereunder. CITY, however, retains the right to
require that work performed by CONTRACTOR meet specific standards without regard
to the manner and means of accomplishment thereof.
Section 4.11 Termination
CITY may terminate this Agreement, with or without cause, by giving
CONTRACTOR at least ten (10) days written notice. Where phases are anticipated
within the Scope of Services, at which an intermediate decision is required concerning
whether to proceed further, CITY may terminate at the conclusion of any such phase.
Upon termination, CONTRACTOR shall be entitled to payment as set forth in the
attached Exhibit B to the extent that the work has been performed. Upon termination,
CONTRACTOR shall immediately suspend all work on the Project and deliver any
documents or work in progress to CITY. However, CITY shall assume no liability for
costs, expenses or lost profits resulting from services not completed or for contracts
entered into by CONTRACTOR with third parties in reliance upon this Agreement.
Section 4.12 Confidentiality
CONTRACTOR agrees to maintain confidentiality of all work and work products
produced under this Agreement, except to the extent otherwise required by law or
permitted in writing by CITY. CITY agrees to maintain confidentiality of any documents
owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or
"Proprietary", except to the extent otherwise required by law or permitted in writing by
CONTRACTOR. CONTRACTOR acknowledges that CITY is subject to the California
Public Records Act.
Section 4.13 Applicable Law, Jurisdiction, Severability, and Attorney's Fees
This Agreement shall be governed by the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be venued with the San
Joaquin County Superior Court. If any part of this Agreement is found to conflict with
applicable laws, such part shall be inoperative, null, and void insofar as it is in conflict
with said laws, but the remainder of this Agreement shall be in force and effect. In the
event any dispute between the parties arises under or regarding this Agreement, the
prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's
fees from the party who does not prevail as determined by the San Joaquin County
Superior Court.
Section 4.14 City Business License Requirement
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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.
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
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❑ 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: CP (59099000.77020); WP (59499000.77020); SP (59199000.77020): NP
(59399000.77020)
(Business Unit & Account No.)
Doc ID:R;\GROUP\ADMIN\Council\2019\04172019\CivilHydro\PSA.doc
CA:Rev.02.2017
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CIVIL 1-IYIDIX TFCI-I
avi4/ Eiw rof.#ne.414 / Wafer Resource -
March 17, 2019
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 Groundwater Program and Plume Management
City of Lodi, California
Dear Mr. Swimley:
Per your request, Civil Hydro Tech (CHT) has prepared the following proposed scope of work
and estimated costs for the City of Lodi's (City) groundwater program and plume management
activities. The proposed scope of work is based on suggestions provided by the Regional Water
Quality Control Board, Central Valley Region (Water Board) during our meeting on
January 15, 2019, and consists of tasks related to the on-going efforts to obtain closure of the
Central Plume Source Area (CPSA) soil vapor extraction (SVE) system, management of the City
groundwater plumes, and the implementation of the Sustainable Groundwater Management Act
(SGMA) activities associated with the City groundwater sustainability agency (GSA). The
proposed scope of work will include performing and managing the following tasks —
1. Providing consulting services for on-going efforts to move the CPSA SVE system to
closure, including feasibility evaluation of different alternatives other than those being
currently applied;
2. Evaluation of the indoor air quality at businesses and residences within the LCP area;
3. Evaluation of a potential source for the Lodi Southern Plume (LSP);
4. Providing on-going and future consulting services to the City GSA related to the
implementation of the SGMA activities; and,
5. Providing environmental consulting services to the City on the several groundwater
contamination plumes that are currently in monitoring and cleanup phases, including
meetings with the Water Board and the City.
A detailed description of each of the proposed scope of work is provided below.
Task 5a — Installation of Passive Soil Gas (PSG) Samplers in the CPSA
As part of the City's on-going efforts to obtain closure of the CPSA SVE system, CHT recently
completed rebound sampling of all SVE wells in accordance with the proposed recommendations
from the January 20, 2019 Results of Revised Soil Vapor Extraction System Sampling Protocol
letter to the Water Board. The rebound sampling protocol was approved by the Water Board in a
letter to Andrew Richle with the City, dated February 12, 2019. Results of the rebound sampling
event will be used by CHT to perform the following activities:
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Task 5b Deliverables: One round of sampling, meeting with the City, letter report to the Water
j
Proposal for Groundwater Program and Plume Management Page 2
March 17, 2019
• Identify the locations for installing passive soil gas (PSG) samplers
• Install a total of 12 PSG samplers, like Waterloo Membrane SamplerTM (WMSTM) or
Beacon BeSure Sample Collection KitsTM, in those locations to collect passive soil gas
samples and analyze these samples to delineate the surficial extent of the remnant
tetrachloroethene (PCE) concentrations in soil; and,
• Prepare a letter report summarizing the results of the soil gas data and submit it to the
City for review and comments. CHT will then incorporate the comments of the City and
submit the finalized letter report to the Water Board.
Task 5a Deliverables: Meeting with the City and letter report to the Water Board documenting
the results
•
Task 5b — Indoor Air Sampling
The Water Board, in its January 15, 2019 meeting with the City, recommended that the City
should perform indoor and ambient air sampling as part of requirements for obtaining closure for
the CPSA SVE system. The Water Board also recommended that the indoor air samples should
be collected at adjacent business and residential locations that were previously sampled in the
2004 indoor air sampling event performed by Treadwell & Rollo. CHT proposes to perform the
following activities under Task 5c —
• Prepare a work plan for sampling and analysis of indoor and ambient air in adjacent
businesses and residences, and submit it to the Water Board for approval;
• Collect up to 30 samples of indoor and ambient air (either 8 -hour or 24-hour time -
integrated samples) at the proposed locations, and submit them for laboratory analyses;
and,
• Prepare a letter report summarizing the results of the indoor air sampling event and
submit it to the City for review and comments. CHT will then incorporate the comments
of the City and submit the finalized report to the Water Board.
Board documenting the results
Task 5c — Evaluation of Alternatives for CPSA SVE System Closure
Following completion of Tasks 5a and 5b, CHT proposes to evaluate alternatives such as
installation of a passive soil vapor extraction system, installing additional shallow SVE wells,
and targeted soil excavation in the areas that exhibit remnants of PCE in soil. As part of this
Task, CHT will perform the following activities:
• A feasibility -level cost evaluation of alternatives for soil remediation in the CPSA;
• Prepare a Technical Memorandum summarizing our evaluation and recommendations
for the selected alternative;
• Meet with the City to discuss our recommendation for the selected alternative; and,
• Prepare a letter report to the Water Board to recommend our selected alternative to
obtain closure of the LCP SVE system.
581 MONTECO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Program and Plume Management Page 3
March 17, 2019
We have assumed that the City would provide one round of comments on the draft report and
that the final letter report will be submitted to the Water Board on the City's behalf.
Task 5c Deliverables: Meeting with the City to discuss the recommended alternative and letter
report to the Water Board.
Task 5d — Evaluate Potential Source in the Lodi Southern Plume using PSG Samplers
Groundwater monitoring data collected from the Lodi Southern Plume (LSP) monitoring wells
indicates an increasing trend in PCE concentrations in shallow wells OS -2U, SA -6, and SA -10.
The Water Board suggested at the January 15, 2019 meeting that the City should evaluate the
presence of a potential source in the LSP that has resulted in an increase in the PCE
concentrations in some of the shallow wells. As part of this Task, CHT will perform the
following activities:
• Review data from previous investigations to identify potential source areas;
• Install a total of 12 PSG samplers, in soil like Waterloo Membrane SamplerTM (WMSTM)
or Beacon BeSure Sample Collection KitsTM, to collect passive soil gas samples that will
identify the surficial extent of the PCE concentrations in soil, and analyze these samples;
and,
• Prepare a letter report summarizing the results of the soil gas data and submit it to the
City for review and comments. CHT will then incorporate the comments of the City and
submit the finalized report to the Water Board.
Task 5d Deliverables: One round of sampling, meeting with the City, letter report to the Water
Board documenting the results Inow
Task 5e — Provide On-call SGMA Consulting Services
The City has formed a groundwater sustainability agency (GSA) that would allow it to develop
strategies to manage their own groundwater, including gathering groundwater data, monitoring
water usage, regulating wells, and imposing water usage fines, among other duties related to the
implementation of the Sustainable Groundwater Management Act (SGMA). The City GSA is
part of the public entity known as Eastern San Joaquin Groundwater Authority (Authority) that
will coordinate the various GSAs' management of the San Joaquin Valley Groundwater Basin,
Eastern San Joaquin Sub -basin, California Department of Water Resources Basin No. 5-22.01, as
part of SGMA.
As part of this Task, CHT will continue to provide consulting services to the City to address
issues pertaining to the implementation of SGMA, including providing input to the City
regarding review of SGMA related requests from the Authority, review and comment on SGMA
documents including the basin -wide groundwater model and the proposed Groundwater
Sustainability Plan (GSP), and attendance at the meetings as the City's representative. This Task
will provide a mechanism for CHT to continue on-going and future support to the City for
SGMA related activities.
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Proposal for Groundwater Program and Plume Management Page 4
March 17, 2019
Task 5f — Provide On-call Environmental Consulting Services for City -Wide Plume
Management
As part of this Task, CHT will continue to provide environmental consulting services to the City
for the several groundwater contamination plumes that are currently in monitoring and cleanup
phases, and to address issues that continue to arise and are not currently covered by active Task
Orders. We are being asked by the City staff to provide input to the City and to the various
environmental contractors on their work, and this Task will provide a mechanism for us to
continue this support.
ESTIMATED FEE
CHT proposes to perform the work on a time -and -expense basis in accordance with the terms of
our City of Lodi Professional Services Agreement. We will not exceed our estimated fee of
$141,700 without your prior written authorization. A summary of estimated cost by Tasks is
provided in Table 1 below.
TABLE 1. ESTIMATED FEE
TASK
DESCItI I'TION
1 S I"IMATEI] FEE
5a
Installation of Passive Soil Gas (PSG) Samplers in
the CPSA
$ 19,500
5b
Indoor Air Sampling
$ 23,900
Sc
Evaluation of Alternatives for CPSA SVE System
Closure
$ 25,000
5d
Evaluate Potential Source in the Lodi Southern
Plume using PSG Samplers
$ 23,300
5e
Provide On-call SGMA Consulting Services
$ 25,000
5f
Provide On-call Environmental Consulting
Services for City -Wide Plume Management
$ 25,000
TOTAL
$ 141,700
SCHEDULE
Work will commence immediately upon receipt of Notice to Proceed. We anticipate completing
the proposed scope of work within approximately six months. Please do not hesitate to contact
Varinder Oberoi at (415) 424-3009 with any questions regarding this proposal.
Sincerely,
Civil Hydro Tech
Varinder Oberoi, PE (RCE #C69037)
Principal Hydrologist
581 MONTEGO TERRACE, SUNNYVALE, CA 94089 TEL: 415-424-3009
Exhibit C
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
iNot 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 Contractor's 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 proiect
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.
(i)
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(sl
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 1 of 2 pages 1 Risk: rev 3/1/2018
RESOLUTION NO. 2019-57
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 THE GROUNDWATER PROGRAM AND
PCE/TCE PLUME MANAGEMENT; AND FURTHER
APPROPRIATING FUNDS
WHEREAS, the City, with the assistance of Civil Hydro Tech, LLC, has been working
closely on cleanup activities for the Central Valley Regional Water Quality Control Board; and
WHEREAS, recent sampling data suggests it is appropriate to begin moving towards
regulatory closure of the soil vapor extraction/ground water extraction systems with the goal of
system shutdown and removal, including installation of passive soil gas samplers, indoor and
ambient air sampling, and on-call sustainable groundwater management act tasks; and
WHEREAS, staff recommends the City Council authorize the City Manager to execute a
Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Groundwater
Program and TCE/PCE Plume Management, in the amount of $141,700; and
WHEREAS, staff recommends appropriation of funds in the amount of $68,400 from the
Central Plume Fund (59099000.77020), $23,300 from the Southern Plume Fund
(59199000.77020), $25,000 from the PCE/TCE Rates Fund (56599000.77020), and $25,000
from the Water Administration Fund (56052001.72450).
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
authorize the City Manager to execute a three-year Professional Services Agreement for
Groundwater Program and TCE/PCE Plume Management with Civil Hydro Tech, LLC, of
Sunnyvale, California, with two optional one-year extensions, in the amount of $141,700; and
BE IT FURTHER RESOLVED that the Lodi City Council does hereby appropriate funds
in the amount of $141,700, as set forth above.
Dated: April 17, 2019
I hereby certify that Resolution No. 2019-57 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 17, 2019, by the following vote:
AYES: COUNCIL MEMBERS — Johnson, Kuehne, Mounce, Nakanishi, and
Mayor Chandler
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — None
ABSTAIN COUNCIL MEMBERS — None
NNIFER
City Clerk
2019-57
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