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HomeMy WebLinkAboutAgenda Report - February 5, 2020 C-14AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM c-/4 AGENDA TITLE: Adopt Resolution Authorizing City Manager to Execute Amendment No. 2 to Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Central Plume Source Area Closure Report and On -Call Citywide Plume Management Services ($43,000), and Appropriating Funds ($43,000) MEETING DATE: PREPARED BY February 5, 2020 Public Works Director RECOMMENDED ACTION: Adopt resolution authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Central Plume Source Area Closure Report and on-call Citywide plume management services, in the amount of $43,000, and appropriating funds in the amount of $43,000. 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 (CVRWQCB). Council approved a Professional Services Agreement with Civil Hydro Tech, LLC, on April 17, 2019, in the amount of $141,700. The original scope of work includes providing sampling, monitoring and reporting specific to achieving regulatory closure of the SVE/GWE system with the ultimate goal of system shutdown and removal; assisting the City with management of the remaining groundwater plumes; and providing the City with guidance related to the Sustainable Groundwater Management Act (SGMA). On August 21, 2019 Council approved Amendment No. 1, in the amount of $116,209, which consisted of performing semi-annual groundwater monitoring and sampling of the City's 72 groundwater monitoring wells over a two-year period, preparing required reports for submittal to CVRWQCB, and out -of -scope contingency services related to the proposed sampling and analysis program (such as any needed well maintenance, repairs, permits, etc.). This work was previously performed by another consultant at a substantially higher annual cost. On September 26, 2019, staff met with CVRWQCB to present and discuss recent results of sampling conducted within the CPSA. Based on this discussion, CVRWQCB requested the City submit a comprehensive report detailing remedial and investigative actions to date and a proposed approach for dealing with the remnant PCE in soil beneath the CPSA to be included with the Request for Closure of APPROVED: S epheASchwa-Rauef, City Manager R:\GROUP\ADMIN\Council\2020\02052020\Civil Hydro Tech\CC_CivilHydro_AR doc 1/29/2020 Adopt Resolution Authorizing City Manager to Execute Amendment No 2 to Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Central Plume Source Area Closure Report and On -Call Citywide Plume Management Services ($43,000), and Appropriating Funds ($43,000) February 5, 2020 Page 2 the SVE/GWE system. The Request for Closure Report will include a site remedial history, figures and tables representing the reduction in PCE over the life of the SVE system and an outline of steps required for the removal. In addition to the Request for Closure Report, additional funding is being requested for on-call, Citywide plume management services. Funds associated with this specific task have been exhausted to complete additional indoor air and soil vapor monitoring of the CPSA, at the request of CVRWQCB. The current agreement amount is $257,909., Amendment No. 2, if approved, would add $43,000 to the total agreement amount, for a total not -not -exceed agreement amount of $300,909. Staff recommends authorizing City Manager to execute Amendment No. 2 to Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Central Plume Source Area Closure Report and on-call Citywide plume management services, in the amount of $43,000, and appropriating funds in the amount of $43,000. FISCAL IMPACT: The Request for Closure Report is a requirement of CVRWQCB for closure of the SVE/GWE system. Closure of the SVE/GWE system will significant reduces the annual operating expenses. This work does not impact the General Fund. FUNDING AVAILABLE: Appropriation Request.- Central equest:Central Plume Fund (59099000.77020): $ 18,000 PCE/TCE Rates (56599000.77020): $ 25,000 TOTAL: $ 43,000 rV ndrew Keys eputy City Manager/Internal Services Director Charles E. Swimley, ZIr. Public Works Director Prepared by Andrew Richle, Utilities Superintendent CES/AR/tw Attachment R:\GROUP\ADMIN\Council\2020\02052020\Civil Hydro Tech\CC_CivilHydro_AR.doc 1/29/2020 AMENDMENT NO. 2 CIVIL HYDRO TECH, LLC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this day of February, 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and CIVIL HYDRO TECH, LLC., a California limited liability corporation (hereinafter called "CONTRACTOR"). WITNESSETH: WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on May 6, 2019 and Amendment No. 1 on September 18, 2019, attached hereto as Exhibit 1 and 1A, and made a part hereof; and 2. WHEREAS, CITY requested to increase the fees by $43,000, for a total not to exceed amount of $300,909, and amend the existing scope of services to include request for closure reporting of the SVR/GWE system, as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to amend the not to exceed amount under the Agreement and expand the scope of services set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation CIVIL HYDRO TECH, LLC., a California limited liability company Herein above called "CITY" Hereinabove called "CONTRACTOR" M STEPHEN SCHWABAUER City Manager Attest: PAMELA M. FARRIS Assistant City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney ((�r, VARINDER OBEROI Principal Hydrologist Exhibit 1 AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Perdu THIS AGREEMENT is entered Into oni � , 2019, by and between the CITY OF LODI, a municipal corporation (hereinafter TATY'), and CML HYDRO TECH, LLC., a California limped liability company (hereinalbr'CONTRACTOR). Section 12 PHMM CITY selected the CONTRACTOR to provide the services required in accordartae with attached Scope of Services, Exhibit A. attached and Incorporated by this isfoa toe. CITY wishes to enter into an agreement with CONTRACTOR fbr PCE/TCE groundwater program and phare management (hereinafter 'Projecr) as am forth in the Scope of Services attached here as Exhibit A. CONTRACTOR admawledges that it is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 21 Scans of Services CONTRACTOR, for the benefft and at the direction of CITY, shall perform the Scope of Services as set forth in (exhibit A. Section 2.2 Time For Carnmencenrertt and Comledon of work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the data act forth In Section 2.6, whichever occurs first, and shall perform ag services dillgently 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 fime by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract parfarrnance period, Also, any delays due to weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall I remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Meeting CONTRACTOR shalt attend meetings as may be set forth in the Scope of Services. Section 2.4 app CONTRACTOR acknowledges that CITY has relied an CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as Identified in its proposal to CiTY. The Scope of Services shaft 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 Cr1Y'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 coats associated with such licenses, permits, qualifications, Insurance and approvals which may be imposed against CITY under this Agreement. Section 2.6 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 t, 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 (t) -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 terns and conditions of this 2 Agreement continue and remain in full force and effect. The total duration of this Agreement, including the exercise of any option under No paragraph, shad not exceed five (5) years. ARTICLE 3 Seedon 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provlslons 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 Wave The Contractor agrees to conform to the provisions of Chapter 1, Part 7, Division 2 of the Labor Code. The Contractor and any Subcontrador wilt 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 responelbility for compliance with these Labor Code requirements is on the prime contractor. Section 3.3 Contractor Registration — Labor Code 41725.5 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 Ilmitatlon, details as to amount of hours, individual performing said work, hourly rate, and Indicating to what aspect of the Scope of Servfces said work is attr(butable. CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.5 fight The Fee Proposal shall include all reimbursable costs required for the performance of the Scrape 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. 3 Secftlon 3.6 (AB 6261 Public Contract Code Section 9204 — Public Works Prosect Contract Olsoute Resolution Procedure Section 9204 of the California Pubic Contract Code (the 'Code*) provides a claim resolution process for 'Public Wake Project" contracts, as defined, which is hereby incorporated by this rellerence, and summartcad in the following: QMnillions: "Claim" means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or mora of the following: (A) A time extension, including, without imitation, for reitef ft+om damages or penaites for delay assessed by the City under a contract for a Pubic Works Project. (13) Payment of money or damages arising Thom work done by, or on behalf of, a contractor pursuant to a contract for a Pubic Works Project and payment for whlt#r 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 stricture, building, road, or other pubic improvement of any kind. Claim Resolution Process: (1) All Claims must be property 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, wiN provide the claimant a written statement Ident"ng the disputed and undisputed portions of the Claim. The City and contractor may, by mutual agreement, extend the time perlods in which to review and respond to a Claim. If the City fails to issue a written statement, paragraph (3) apples. Any payment due on a portion of the Claim deemed not in dispute by the City will be processed and made within W days after the City issues its written statement. (2) If the claimant disputes the City's response, or If the City falls 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, idenWng 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 4 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 than 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 beer interest at 7 percent per annum. (5) Subcontractors or lower tier subcontractors that lade legal standing or privity of contract to assert a Claim directly against the City, may request in writing, on their behaff or the behalf of a lower tier subcontractor, that the contractor present a Claim to the Cfty for worts 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 timeitnes 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 Auditine CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement. Upon request, CONTRACTOR agrees to fumish 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 5 this requirement CONTRACTOR further agrees to maintain such records for a period of throe (3) years ager Mal 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 Comoliance In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1M, 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, ib elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (includ(ng 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, lose, 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 ads they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sob 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 6 Neither the City Council, nor any other officer or authorized sssistant or agent or City employee shaft be personally responsible for any liability arising under this Agreement. Section 4.5 Responsibility of CITY CITY shall not be held responsible for the caro 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 Ilfe of this Agreement, Insurance coverage as set forth In Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Melons 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 shag 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 some 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 3005 Lodi, CA 95241-1910 Attn: Andrew Richie To CONTRACTOR: Civil Hydro Tech, LLC. 581 Montego Terrace Sunnyvale, CA 94089 Attn: Varinder Oberof Sectlon 4L9 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 7 CONTRACTOR agrees that in undertaking the duties to be performed under this Agreement, It shall act as an independent contractor for and an behalf of CITY and not an employee of CITY. CRY shall not direct the work and means for accompNehment of the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards wwfthhout regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terninste this Agreement, with or without cause, by giving CONTRACTOR at least an (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision Is required conceming whether to proceed further, CRY 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 Apolicabfe Law, Jurisdiction, Severabillty, and Attorney's Fees This Agreement shall be govemed 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 a 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 Intearation and lModificatPon This Agreement represents the entire undendanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with reaped 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 Prevall AN 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 exhibib, the terms of this Agreement shall prevail. Section 4.16 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 4.15 Ownership of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in Inal 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 eolkKAW, 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 Fundina Conditions 9 ❑ K dw bat at iolt is dts r b A IM FaderN Trartslt Fun&V corrdimons db dwd M E1Qdbit 0 appy to Ift AOreenwtt In do event d a corMKct b *i - to Wm of 0* Apnamar-I or any of Ib a9w etdribits, and to Fed" Transit Furtdinp CwWtb rns, #w Fadaral Transit FundkV Cond ws vAN o n h A. IN WRNESS WHEREOF, CITY artA CONTRACTOR have auoscuesd Uft AOnevowd as of the ttala Out aborts writlsw CITY OF LODI, a murtioiltal corpormum ATTEST: APPROVED AS TO FORM: CIVA HYDRO TECH, LLC.. a C Rornia Nmitsd MCE 0. MAG OICH, City Aftornay fsbi ty corrtpeny ar Name'%/AAMER O®EROI TMo: PMndp@l Hydrologist a6ft A - seeps of sembes tifahm ■ - Fee rrep.at Eahu C - Inum a Rsr,dreatsrrIs E)dWW D - Fsderd TM" Ftr WRN CettdMorr Nf gPNoftrl Fsn/eo Bowes: 4Y I OQ.77=10 IMF t • SP tialai■aa rpa - KP 15231M.TT0201 (Rwttreee unit A Aseourtt Nal Dot ID tt ai0t1TlQ19�Ch�diolP8llaop CAMMA ANT t0 CIVIL U11YU o TECti GvrL/ENvirow«*t..Ii>rG/ W40iW RsW&~ March 17, 2019 Mr. Charlie Swimley Public Works Director City of Lodi 221 West Pine. Street Lodi CA 95240 �— Exhlblt A/9 SENT VIA: EMAIL SUBJECT: Proposal for Groundwater Program ,and Plume Management City of Lodi, Callfornla 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 an 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 - l. 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 Southem 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 dctailed 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, SUNN V VALE. CA 94089 TEL:419-424-3009 Proposal fbr Groundwater Pmgram and Plume Management Page 2 Math t7, 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 BeSurt; 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 54 Deliverables: Meeting with the City and letter report to the Water Board documenting the results Task Sb— 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 Sc — • 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, • Preparc 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. Task 5b Deliverables: One round of sampling, meeting with the City, letter report to the Water Board documenting the results Task Sc — 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 ,MONTE•CO TERRACE. St1hNVVALE, CA 94089 TEL: 415-424-7009 Proposal for Groundwwr Program and Plume Management Page 3 March 11, 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 Deliverablas: Meeting with the City to discuss the recommended alternative acrd lemer report to tate Water Board. Task sd — 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 Sampler I'm (WMSTIM ) or Beacon BcSure 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 Task Se — 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 Eastem 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 TERIUCE. SUNNYVALE, CA 94069 TEU 415-424.3107 Proposal ibr Groundwoor PwV= and Plume Mm% mart Pale 4 March 17.2019 Task Sf — Provide On-call Environmental Consulting Services for City -Wide Plume Management As part of this Task, CHT will continue to provide environmental consuking services to the City for the several groundwater contamination plumes that are currently in monitoring and cleanup pluses, 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 REE CHT proposes to perform tate 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 $I41,700 without your prior written authorization. A summary of estimated cost by Tasks is provided in Table 1 below. SCIIEDULE 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 Vaeinder Oberoi at (415) 424-3009 with any questions regarding this proposal. Sincerely, Civil Hydro Tech r Varinder Oberoi, PE (RCE 11069037) Principal Hydrologist 581 MONTLCO TLRRACL 81ANNYVAL116 CA 94889 TLL: 415-444W TABLE 1. ESTIMATED FEE Sa installation of Passive Soil Gas (PSG) Samplers in S 19,500 the CPSA 5b Indoor Air Sampling S 23,900 5c Evaluation of Alternatives for CPSA SVE System $ 25,000 Closure 5d Evaluate Potential Source in the Lodi Southern S 23,300 Plume using PSG Samplers 5e Provide On-call SGMA Consulting Services S 25,000 5f Provide On-call Environmental Consulting $ 25,000 Services for City -Wide Plume Management TOTAL $141,700 SCIIEDULE 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 Vaeinder Oberoi at (415) 424-3009 with any questions regarding this proposal. Sincerely, Civil Hydro Tech r Varinder Oberoi, PE (RCE 11069037) Principal Hydrologist 581 MONTLCO TLRRACL 81ANNYVAL116 CA 94889 TLL: 415-444W Exhibit NOTE. The Cly► of LO& is now Hx ft On onErfe frtswanee program PINS AdVsndge. Once you Itiave been awarded a coaMact you wE/ mcoke an eerap hoer die CWs wffim ftta mea prognum nquaxffi* you b kwwwW the anal b your kin urance prorkl er(41 bo sub N fine requbed kasurenee documenoWn eJrcOvnkedy aLL , u r L.Y k. u1 10;jt W. I•,Ili Contractor shall procure and maintain for the duration of the oantnct Insurance against Waima br injuries to persons or damages to property which may se" Ihem or In connection with the perlbmtanco of the wort hem oder and the reaulla of that work by tits Contractor, his agents, representatives, employees or subcontriv.Vrs. MINIMUM SCOPE AND LIMIT OF WSURANCE Covarage shall be at reset se broad an: 1. Commercial General Uablilty (CGL): Insurance Services Office Forth CG 00 01 covering CGL on an'accurnence' beets, including products and comple ad operetione, property damage, bodily Injury and personal & advertising injury with Unites ria lass than 52,000,000 par occurrence. If a general aggregate Writ appal either the general aggregate limit shall apply separately to this projeclRoeation (ISO CG 23 03 or 23 04) or the general aggrogete limit shad be twig the required occurrence limit 2. Automobile LWnbfM r: ISO Form Number CA 00 01 covering any auto or tf Contractor hes no owned subs, then hired, and non - owned autos with limit no lass then $1,000,000 per sociderd for bodily 14ury and property damage. 3. Workers' Compametlon: as required by the State of CalKamis, with Statutory Limits, and Employer's Lfebay Insurance with limit of no less than $1,000,000 per accident for bodily Injury or disease. (a) Additional Named Insured SIAM The City of Lodi. its elected and appointed boards, commissions, oflloarm, agents, smployese, and volunteers are to be covered as addition at Insureds on the CGL and auto policy with respect to liability arising out of work or opetadans pertbnmed by or on behalf of the Conhaclor Including materiels, parts, or equipment fumfshed In comection with such work or operations. General dabillty coverage can be provided in the forth of an endorsement to the Contractor's insurance (at West as broad as ISO Form CG 2010 11 85 or if not aveliable, through the addition of both CG 2010, CG 20 20. CG 20 33, or CG 20 3a; ad CG 20 37 if s lateredltion is used (b) Primary and Non -Contributory Irmurance Endorsement The limits of insurance coverage required may be setlef6ed by a combination of primary and umbmile or excess insurance. For any claims related bo this contract; the Contractors insurance coverage shall be primary coverage at Mast as brood as ISO CG 20 0104 13 as respects the Entity, fa o"re, oft", employees, end volunteers, Any insurance or self insurance maintained by the Entity, Its afflcers, ofdcisls, employees, or volunteers shall be excess of the Contractees insurance and shall not contribute with it (c) Warver or Subrogation Contractor hereby grants to City of Lodi a waiver of any right to subragallon which any insurer of acid Contractor may acquire against the City of Lodi by virtue of the payment of any tees under such Insurance. Contractor sprees to obtain any endorsement that may be neceseery to ~ this waiver of subrogation, but this provision applies regardless ofwhsther or no the City of Lodi has received a waiver of subrogation endorsement ftam the insurer NOTE: (1) The street address of the CfrY OF LODI must be shown along with (a) and (b) and (C) above: 221 West Pine Street, Lodi, Calls, 95240; (2) The Insurance oertiffcate must state, an its face or ser an endorsement, a description of the ➢6tlgfd that it is insuring. (d) Severability of interest Clause The berm "Insured" is used severally and not collectively, but the inclusion herein of more than one Insured shad not operate kin Increase the limit of the company's liability under the Contrackn comrnercial general (lability and automobile liability policies. (e) Notice of Cancellation or Chanae in Comerace Endorsement This pokey 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 I of 2 pages ' Risk: rev. 311/2019 (f1 Continuity of Coverage Ad policies shall be in efiect on or befaro rte tint day offt Term of this Agreement. At inset thirty (30) days prlor io the expiretion of each insurance popcy. Cont; r shall fwrhish a certltcafa(s) showing that a new or extended policy he been obtained which meets Ilea minimum fsquimmartls of this Agreenant Contractor shall provide proof of candy ring irourence an at lent an annual trees durbtg the Tenn. If Contractors insurance lapse or Is d1lcontinuad for any reason. Contractor shall i medismy naflfy the City end immediately obtain moncement insurance. Contractoragrees and stipulates that any insurance coverage provided to the City of Lodi shall provide for a daims period blbvtdng temtinedon of coverage which is at beat consistent with the claims period or stsWtes of Ilmltadva bund in the CeIlfomle Ton Claims Act (Ca Nomle Government Code Section 810 at seq.1 (g) Failure to Comciv If Contractor hila or relWsea b obtain and monbtin the required insurance, or his to provide proof of om ersge, that City may obtain "Insurance, Contractor shop reimburse the City lbr pmmkune paid, with Irtfsrheat on the pnrnium paid by the Clay at is na)Onum allcwabIs legal ram than in allied in Cellownis. The City shall notify Contractor afsueh payment of premiums witdn thirty (30) days of payment sb*q the arttaura paid. is rtama(s) of rte insumgs). arM rats of ittsreet Con- mc7or shall pay such rortbursernent and interest on the Arst (lot) day of the month bllowing the City's nctbe. Nolwtthstanding any odor pmvWon of this Agreement, if Contractor fills or reltlee to obtain or maintain Insurance as requited by this agreement or Awls to provide proof of insuranoe, the City may tsnninsts this AgreenmW upon such breach, Upon such terminsdom Contractor shallimmadlatsfy cease use of tie Site or facilities and commence and diipenty purua the removal of any and ad of Id personal property ham the sits or liscO es. (h) yenicg ion of Cowraoe Consultant atwt Itimish the Clty wO a copy of to policy decataton and endorsement page(s), original certificates and amendatory endorsements or oopias of the applicable policy longuep effscUng ooverege required by this clause. AY cwtlflwtw and endorsements are to be received and approved by the City before work commarlees. Hovrsver, hWinr, to obtain the raquied documents prior to the work beginning shat not welve the Continent's obligation to provide them. The City neserves the right to require complete, certified copies of all required insurance poNdes, irxdtrding arrdomernente required by throe specifications, of any time Failure to exercise this right shall not constitute a waiver of the City* right to exerCtse after db effeetrw date. (1 Self -Insured Retenfims Seal -insured retentions must be declared tic and approved by the City. The City may require the Consultant to provide proof of abillty to pay loaeaa and related invesNgationa, claim adminietralion, and defense expense within rte retention. The policy lenguege shall prowde, or be endorsed to provide, that the self-insured retention may be satisfied by either the named inured or City, U) insuogge Limits The limits of insurance described herein shall not limit the WRIty of the CoMmcbr and Contractors of kxm, employees, agents, representatives or subcontracmrs. Contractor's obligation to defend, Indernnly and hold the City and its officers, officials, employees, agents and volunteers henMess undar the provisions of this paragraph is not limited to or tssWkftd by any requirement in the Agreement br Contractor to procure and maintain a policy of insurance. (k) Subcontractors Consultant shall require and veriy that all subcontractore maintain insurance rneeting all the requirements stated herein, and Consultant shalt eneurs that City Is an additional insured an insurance required from ubaonti rs (1) Qualified fnsunrfst AN insurance required by the terms of this Agreement must be provided by insurers licensed to do business in the State of Catlbmis which are rated at leest'A. Vr by the AM Best Ratinge Guide, and which are acceptable to tie City. Non admitted surplus Nnes carriers may be accepted pnrvided they are Included on the most recent list of Calftmia ellgble surplus lines insurers (LESU list) and otherwise mast City requirements. Page 2 of 2 pages I Rlsk; rev WIM18 CIVIL HY PC TECH July 22, 2019 SENT VIA: EMAIL Mr. Charlie Swimlcy Public Works Director— City of Lodi 221 West Pine Street Lodi CA 95240 SUBJECT: Proposal for Central, Western, Southern, and Northern Plumes Groundwater Monitoring, Sampling, and Reporting Services Lodi, California. Dear Mr. Swimley: Per the request of the City of Lodi (CityCivil Hydro Tech, LLC (CHT) has prepared the following proposed scope of services and estimated costs for performing Groundwater Monitoring, Sampling, and Reporting Services 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 It, 2018. As per the revised Order, the Water Board has reduced the monitoring and sampling frequency of the Lodi Plumes monitoring wells to semi-annual during the 1" and 3'd quarters. The Water Board has similarly reduced the reportinj, with a semi-annual report due after the l" quarter event and an annual report due after the 3 quarter event. SCOPE OF SERVICES The scope of services (SOS) includes the costs and services associated for performing semi- annual monitoring, sampling, and reporting services of the Lodi Plumes monitoring wells for a period of two years: • Year l — Third quarter of 2019 and first quarter of 2020 • Year 2 — Third quarter of 2020 and first quarter of 2021 CHT proposes to perform the following tasks for this Scope of Services: • Task l: Monitoring and Sampling • Task 2: Data Analysis and Reporting • Task 3: Project Management • Task 4: Out of Scope Services 179 N. FL MONTE AVENUE, LOS ALTOS, CA 44022 TEL: 415424-3009 Proposal for Groundwater Monitoring, Sampling, & Reporting Services Page 2 Lodi Central, Western, Southern. and Northern Plumes July 22, 2019 TASK 1 MONITORING AND SAMPLING 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 (Cal -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. Monitoring and sampling will be conducted for two years, beginning third quarter 2019 and extending through the first quarter 2021, with options for one (1) extension for an additional two years. Monitoring and sampling activities will continue to 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, G -16C, and G -18C — will be monitored for DTW measurements only. Groundwater sampling activities will be performed at seventy two (72) wells annually (third quarter of 2019 and 2020), and fifty two (52) wells semi-annually (first quarter of 2019 and 2020), per the schedule presented on the Table shown in the next page. The Table indicates the respective number of samples collected during the semi-annual 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 Eon Products Inc. prior to deployment in the wells. 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. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 413-424.3009 Proposal for Groundwater Monitoring, Sampling, do Reporting Services Page 4 Lodi Central, Western, Southern, and Northern Plumes July 22, 2019 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 two years. 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 (100/6) 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. e. Isoeontour 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 concem 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 system, and any field notes pertaining to the operation and maintenance of the system. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424JO09 Proposal for Groundwater Monitoring, Sampling, do Reporting Services Page S Lodi Central, Western, Southem and NoMem Plurnes July 22, 2019 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 for a given year (2019 and 2020) will contain an evaluation of the effectiveness and progress of the investigatiop 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 that year (2019 / 2020) 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 well's. 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 2019 Annual Report will be submitted electronically to the Geo Tracker database system by Novembcr 1, 2019, the 2020 Semi -Annual Report will be submitted on May 1, 2020, the 2020 Annual Report will be submitted electronically to the Geo Tracker database system by November 1, 2020, and the 2021 Semi -Annual Report will be submitted on May 1, 2021. 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 rcports 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. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424-3009 Proposal for Groundwater Monitoring, Sampling, do Reporting Services Page 6 Lodi Central, Western, Southern, and Northern Plumes July 22, 2019 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. 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 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 costs for performing the above stated SOS is based on our experience completing similar work on this Project for the third quarter 2018 and first quarter 2019. The costs are based on a time -and -expenses basis to not exceed our estimated fee of $57,320 for Year 1, which also includes a time and materials budget estimate of $5,000 for potential out -of -scope work that may be required as part of the Project or as requested by the City. CHT will provide cost estimates in advance of performing any out -of -scope services, if necessary, as outlined in Task 4 during the course of the Project. The attached Estimated Budget table provides a breakup of the costs for completing the different Tasks under the SOS. Potential future costs on an annual basis have also been presented for Year 2, which represent work performed on the Project from the third quarter 2020 through the first quarter 2021. The estimated costs assume an annual increase of 3% to account for cost of living increases to CHT billing rates. These are projected costs and annual Amendments will be requested from the City to reflect the true costs of the project at the time. The total value for the Groundwater Monitoring and Reporting Services for a period of two (2) years is approximately $116,209. 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. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415424-3009 Proposal for Groundwater Monitoring, Sampling, & Reporting Services Page 7 Lodi Central, Western, Southern, and Northern Plumes July 22, 2019 SCHEDULE Work will commence in September 2019 upon receipt of your written authorization. CHT looks forward to assisting the City on this project. Please do not hesitate to contact Varinder Oberoi at (41 S) 424-3009 with any questions regarding this proposal. Sincerely, Civil Hydro Tech, LLC Varinder Oberoi, PE (RCE #C69037) Principal Hydrologist 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424-3009 EgnHATED BUDGET (3Q 2019 TMROUGM IQ 2021) aW r1.a Cmdnk Wam&W%s.+rnw and 11.Itl.r9 wrr awrtrllttlr Moaftfko =MftF • %Ppmr o Otivb 414r I:IILIV Ita IMI. AawCSas - Twzs. n►TK AWMWCNM >4wFaund ' GT00011T Ulan &AM CONT 1i111n C.0 Yn1m C -a OIIWi Cort wtt coo UaWt Cat uww tat viopat rrprolo06t (QVQCI - Lmum wafomon+i hm, $175 0 {0 a W 1 (350 1 $350 0 OD 0 so POO SCAW MyCrocw i Plop¢ MlnkOel - Immo Profaa ml h01R 0100 t $1,10 9 $IAW 16 SZS60 14 AM 32 W12D 0 $0 "Slow $t$lJ00 taR hyj- st 60H 1410 SO Asm 40 MCC 24 $1.640 10 92.700 0 0 0 $0 315 r AgrUCIO i SW ioW Sias 0 $0 D 00 16 $1,60 U U,1SD 0 $0 0 SO 02AW min6t,a / SW haw f7S 0 SO 0 S0 4 $]fq 4 $300 0 "m 0$9 *36M Ma r Vdhde try $400 S MOD 4 5400 0 S0 0 $0 0 $0 0 SO sm Nat., tenni lam+ t07 115 S $115 4 $300 0 W 0 $0 0 $0 0 0 $J70 0 E.WIWt dw $50 S $110 4 U00 6 $0 0 SO 0 $O 0 $0 $40 �J/B c ulRd7�R I.A" L&"Dy y (92000) 0 SO M30 Ilri as u $f,6t5 N 0,365 - f• 6 SO 0 $0 o sanpE ceyaeit wo $1190 W $197 63 $In 0s S -O& *am $s S3 31,900 71 PAN 0 p 0 0 0 $0 0 $0 roblSWlo0tradcv 50,906 S&14I W,1st Mw*.V 0 rook (009 S6f0 OUi0 (60.006 TOTALCDM(iO rife -1Q 10x11 $TldlJ00 T00J OiW00 Tat0) N.7J0 1!060 OS000 $57,310 ESTYNTEDEM V— T.iI Tskt TrkJ T ka TOTAL ---7a 1020-�O NAiT 333?01 1 SM 75SIi F L5000 1V WIC h/EM COST IltlJlkl 414r I:IILIV Ita Exhibit 1A AMENDMENT NO. 1 CIVIL HYDRO TECH, LLC. PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT, made and entered this `day of September, 2019, by and between the CITY OF LODI, a municipal corporation (hereinafter 'CITY'), and CIVIL HYDRO TECH, LLC., a California limited liability corporation (hereinafter called 'CONTRACTOR7. WITNES6ETH: 1. WHEREAS, CONTRACTOR and CITY entered into the Professional Services Agreement on May 6, 2019, attached hereto as Exhibit 1, and made a part hereof; and 2. WHEREAS, CITY requested to increase the fees by $116,209, for a total not to exceed amount of :257,909, and amend the existing scope of services to include Central, Western, Southern, and Northern Plumes Groundwater Monitoring, Sampling, and Reporting Services, as set forth in Exhibit 2, attached hereto and made part of; and 3. WHEREAS, CONTRACTOR agrees to said amendment; and NOW, THEREFORE, the parties agree to amend the not to exceed amount under the Agreement and expand the scope of services set forth above. All other terms and conditions of the Agreement remain unchanged. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written. CITY OF LODI, a municipal corporation Herein above called 'CITY' STEPHEN 5CHWASAUER City Manager Attest: � �E��h, NIFER AAS F RRAIOLO . Clerk Approved as to Form: r , W� JANICE �' MAGDICH City Attomey CIVIL HYDRO TECH, LLC., a California limited liability company Hereinabove called 'CONTRACTOR' By: VARINDER 415DER01 Principal Hydrologist CIVIL NyUL)o TECH C"i,b/ En.varm+.�/ Waaler Rctourcz, January 6, 2020 Mr. Charlie Swimley Public Works Director City of Lodi 221 West Pine Street Lodi CA 95240 Exhibit 2 SENT VIA: EMAIL SUBJECT: Proposal for Additional Funding for Groundwater Program and Plume Management, City of Lodi, California Dear Mr. Swimley: Per your request, Civil Hydro Tech (CHT) has prepared the following additional scope of work and estimated costs for providing continued support to the City of Lodi's (City) groundwater program and plume management activities. The proposed scope of work is based on our conversation with the Regional Water Quality Control Board, Central Valley Region (Water Board) during our meeting on September 26 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 and management of the City groundwater plumes. The proposed additional scope of work will include performing and managing the following tasks — 1. Providing environmental consulting services to the City on the several groundwater contaminant plumes that are currently in monitoring and cleanup phases, including meetings with the Water Board and the City. 2. Prepare a Request for Closure report, as per the request of the Water Board, that summarizes the various activities and sampling results within the CPSA since the start of soil vapor extraction (SVE) for remediating the soil beneath the CPSA. This report is being prepared to obtain approval from the Water Board for the closure and removal of CPSA SVE system along with the already closed CPSA GWET system. The report will also provide recommendations and actions requested by the Water Board to target the remnants of the tetrachloroethene (PCE) plume in the soil beneath the CPSA. A detailed description of each of the proposed scope of work is provided below. Task 5f — Provide On-call Environmental Consulting Services for City -Wide Plume Management CHT is requesting additional funding for this ongoing Task for which CHT will continue to provide environmental consulting services to the City for the groundwater contaminant 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. Previously, this Task has included additional indoor air and soil vapor monitoring of the CPSA, as per the request of the Water Board, and coordinating and meeting with the Water Board regarding issues related to the groundwater plumes. This Task will provide a mechanism for CHT to continue this support as well as provide the City staff input related to the management of these groundwater plumes. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424-3009 Proposal for Additional Funding for Groundwater Program and Plume Management Page 2 January 6, 2020 Task 5g — Prepare a Request for Closure for CPSA SVE System The results of the recent passive soil gas (PSG) and indoor air sampling in the CPSA (Task 5a, 5b) indicate that the existing SVE system has 1) significantly decreased the PCE plume beneath the CPSA and 2) PCE concentrations within indoor air at the businesses and residences in the vicinity of the CPSA did not exceed applicable environmental screening levels. CHT and the City of Lodi presented these results to the Water Board at a meeting on September 26, 2019. The Water Board requested that the City submit a comprehensive report detailing remedial and investigative actions to date and a proposed approach for dealing with remnant PCE in soil beneath the CPSA to be included with the Request for Closure of the SVE system. CHT has already evaluated several remedial alternatives for remnant PCE including installation of a passive soil vapor extraction system, installation of additional shallow SVE wells, and targeted soil excavation to remove potential remnant PCE in the soil beneath the CPSA. The targeted soil excavation is the preferred and will be the recommended alternative when requesting system closure on the basis of overall effectiveness, cost and feasibility. To complete the additional work in this task, CHT is requesting $18,000 in additional funds to supplement the funds remaining from Task 5c. This Request for Closure will be reviewed by Phil Smith, who previously was the managing principal of this project. The Request for Closure will include a site and remedial history, figures and tables representing the reduction in PCE over the life of the SVE system, an outline of steps required for the removal of the SVE system history. Task 5g will include the following activities: • Prepare a Draft CPSA SVE and GWET systems Request for Closure report. The draft report will be presented to the City for review and comment; • Senior technical review by Phil Smith; • Meet with the City to discuss our proposed path to closure; and, • Prepare and submit a Finalized Request for Closure to the Water Board. We assume the City will provide one round of comments on the draft Request for Closure and that the final Request for Closure will be submitted by CHT to the Water Board on the City's behalf. Additional work related to the closure of the SVE system will be described in later tasks, and will likely include a Work Plan for the proposed soil removal, contracting and oversight of the system removal, well destruction reports for the county of San Joaquin, and a final Remedial Action Completion Report detailing system removal, implemented remedial actions and confirmation sampling results, and long-term health and safety measures such as quarterly or annual air quality monitoring or recommendations regarding potential land use restrictions. 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 without your prior written authorization. A summary of estimated cost by Tasks is provided in Table 1 below. 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424-3009 Proposal for Additional Funding for Groundwater Program and Plume Management Page 3 January 6, 2020 TABLE 1. ESTIMATED FEE TASK DESCRIPTION ESTIMATED FEE 5f Provide On-call Environmental Consulting $ 25,000 Services for City -Wide Plume Management 5 g Prepare the Draft and Final CPSA SVE System S 18,000 Closure Report TOTAL 1 $ 43,000 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 175 N. EL MONTE AVENUE, LOS ALTOS, CA 94022 TEL: 415-424-3009 RESOLUTION NO. 2020-22 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT WITH CIVIL HYDRO TECH, LLC, OF SUNNYVALE, FOR CENTRAL, WESTERN, SOUTHERN, AND NORTHERN PLUMES GROUNDWATER MONITORING, SAMPLING, AND REPORTING SERVICES; AND FURTHER APPROPRIATING FUNDS WHEREAS, 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; and WHEREAS, 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; and WHEREAS, 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 (CVRWQCB); and WHEREAS, additional funding is required for CVRWQCB-required reporting and continued plume management; and WHEREAS, Council approved the Professional Services Agreement with Civil Hydro Tech, LLC, on April 17, 2019, and Amendment No. 1 on August 21, 2019; and WHEREAS, staff recommends the City Council authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, for Central, Western, Southern, and Northern plumes groundwater monitoring, sampling, and reporting services, in an amount not to exceed $43,000; and WHEREAS, staff also recommends the City Council authorize an appropriation of funds in the amount of $18,000 from the Central Plume Fund (59099000.77020) and $25,000 from the PCE/TCE Rates Fund (56599000.77020). NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 2 to the Professional Services Agreement with Civil Hydro Tech, LLC, of Sunnyvale, California, for Central, Western, Southern, and Northern plumes groundwater monitoring, sampling, and reporting services, in an amount not to exceed $43,000; and BE IT FURTHER RESOLVED that the Lodi City Council does hereby authorize an appropriation for Central, Western, Southern, and Northern plumes groundwater monitoring, sampling, and reporting services, in the amount of $43,000, as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (Res. No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: February 5, 2020 ------------------------------------------------------------------- ------------------------------------------------------------------- I hereby certify that Resolution No. 2020-22 was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 5, 2020, by the following vote: AYES: COUNCIL MEMBERS — Chandler, Mounce, Nakanishi, and Mayor Kuehne NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — Johnson ABSTAIN: COUNCIL MEMBERS — None PAMELA M. FARRIS Assistant City Clerk 2020-22