HomeMy WebLinkAboutAgenda Report - April 21, 2004 I-03AGENDA ITEM I-3
CITY OF LODI
COUNCIL COMMUNICATION
TM
AGENDA TITLE: Adopt Resolution Approving Technical Services Task Order Agreement with
Treadwell & Rollo, Inc., Authorize City Manager to Execute Task Orders, and
Appropriate Funds ($100,000)
MEETING DATE: April 21, 2004
PREPARED BY: Public Works Director
RECOMMENDED ACTION: That City Council adopt a resolution approving the Technical
Services Task Order Agreement with Treadwell & Rollo, Inc.,
authorize the City Manager to execute task orders up to $100,000
and appropriate funds.
BACKGROUND INFORMATION: The dismissal of the legal firm representing the City in the ongoing
PCEITCE litigation included the technical services consultants who
were providing litigation support to the attorneys. However, the
State is still issuing draft orders directing the City to undertake
various technical activities. As an example, the Regional Board draft order is attached; note the
"Required Actions" starting on page 7. Also, a letter dated March 29, 2004, from the Department of Toxic
Substances Control is attached, which describes DTSC's expectations. (Exhibits A and B)
While the specific work to be actually undertaken by the City versus consultants working for other parties
is not clear at this point, it is clear to staff that the City should have technical expertise working for us to:
Advise the City on courses of action in our participation in remediation studies and work
Perform remediation studies and work on behalf of the City
Support our legal staff in responding to State orders and court matters
Staff is proposing to utilize services of the firm Treadwell & Rollo, led by Philip Smith, who has served as
the technical advisor to the mediator in this case. City staff has neither the expertise nor available time to
fulfill this role completely, although staff will be involved in this work. The firm was one of twelve
respondents to a "Request for Qualifications" statement issued by the City in late February 2004. Three
selected firms were interviewed on March 30, 2004, and Treadwell & Rollo was selected.
Since the exact scope of work to be performed is unknown today and will likely remain "fluid" in the
future, staff is recommending that the Council approve a "Task Order Agreement' (Exhibit C), which
provides the contract basis for specific task orders. Staff is anticipating two initial task orders:
1. Background Work — This task will include staff research and familiarization with the reams of
documents, studies, reports, computer files, etc., that are pertinent to this issue. Draft details
of the work and cost ($25,000) are provided in Exhibit D.
APPROVED:
CAwaidTechnica IServicesAgmt. doc
H. Dixon Flynn, City
4/14/2004
Adopt Resolution Approving Technical Services Task Order Agreement with Treadwell & Rollo, Inc.,
Authorize City Manager to Execute Task Orders, and Appropriate Funds ($100,000)
April 21, 2004
Page 2
2. "Contingency" Work —This task will cover review of third -party proposals, unanticipated
meetings, and other work that might lead to development of a specific task order. Staff is
proposing $15,000 for this task.
The total recommended appropriation will set aside enough funds for these two tasks plus an additional
amount for when we need specific tasks to begin in a timely manner. Staff will report back to the Council
periodically to formally update the Council and the public on the cost and the work accomplished.
FUNDING: $100,000 Water Fund
J =Uk_I ,
VickyMme, Finance Director
Richard C. Prima, Jr.
Public Works Director
RCP/pmf
Attachments
cG: Philip G. Smith, Treadwell & Rollo
Wally Sandelin, City Engineer
CAwardTechnical5ervicesAgml.doe 4/14/2404
Exhibit A
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
CENTRAL VALLEY REGION
CLEANUP AND ABATEMENT ORDER NO. R5-2004-XXXX
FOR
CITY OF LODI, GUILD CLEANERS, INC., ESTATE OF DWIGHT ALQUIST,
ODD FELLOWS HALL ASSOCIATION OF LODI, LODI NEWS SENTINEL,
AND BECKMAN CAPITOL CORPORATION.
LODI CENTRAL PLUME AREA
SAN JOAQUIN COUNTY
This Order is issued to the City of Lodi, Guild Cleaners, Inc., Estate of Dwight Alquist,
Odd Fellows Hall Association of Lodi, the Lodi News Sentinel and Beckman Capitol
Corporation (hereafter collectively refer to as the Discharger) based on provisions of
California Water Code Section 13304, which authorizes the California Regional Water
Quality Control Board, Central Valley Region (hereafter Regional Board) to issue a
Cleanup and Abatement Order (Order).
The Regional Board finds, with respect to the Discharger's acts or failure to act, the
following:
INTRODUCTION
1. The City of Lodi is the owner and operator of the Lodi sanitary sewer system, a
portion of which runs beneath the alleyway between Church and Pleasant Street,
immediately south of Pine Street, in Lodi, San Joaquin County (hereafter referred to
as the "alleyway sewer line"). The alleyway sewer line received waste, a portion of
which was released to the underlying soils and groundwater. The waste originated
from dry cleaning operations at Guild Cleaners, Inc. (Guild) located at 17 South
Church Street, R & J Cleaners (R & J) located at 218 West Pine Street, Flair Cleaners
(Flair) located at 218 West Pine Street and from printing operations conducted at the
Lodi News Sentinel located at 212 West Pine Street. The alleyway sewer line and the
aforementioned properties constitute the "Site" and are shown in Attachment A,
which is made part of this Order. Groundwater in the vicinity of the alleyway sewer
line contains concentrations of tetrachloroethene (also known as perchloroethylene or
PCE), a common solvent used in dry cleaning and equipment cleaning, and solvent
degradation products in excess of water quality objectives (WQO). Soil in the
vicinity of the alleyway sewer line contains concentrations of PCE that threatens to
further degrade groundwater quality.
2. The City of Lodi is the property owner of the alleyway and the owner and operator of
Lodi sanitary sewer system, of which the alleyway sewer line is a part. The City of
Lodi operates its sanitary sewer system pursuant to an NPDES permit, # CA0079243,
issued by the Regional Board. The City of Lodi is subject to this Order because as
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the owners of the property and as owners and operators of a waste disposal
conveyance system the City has caused or permitted waste to be discharged to waters
of the state where it has created and threatens to create a condition of pollution or
nuisance. The City has had actual or constructive (legally presumed) knowledge of
discharges from its sewers, and the ability to prevent further sewer discharges, since
at least 1992.
3. Guild is the current property owner of 17 S. Church Street where Guild Cleaners
operates. Guild has operated an active dry cleaning facility on the property since
1959. PCE was used as a solvent in dry cleaning operations and from 1959 to 1995,
Guild discharged process wastewater containing PCE to the sewer, which thereafter
was released to the environment. Guild is subject to the Order because it conducted
activities that caused waste to be discharged or deposited into waters of the state
where it has created and threatens to create a condition of pollution or nuisance.
4. The Estate of Dwight Alquist is the former owner and operator of Flair. PCE was
used as a solvent in dry cleaning operations and from 1957 to 1973, Flair discharged
process wastewater containing PCE to the sewer, which thereafter was released to the
environment. The Estate of Dwight Alquist is subject to the Order because it
conducted activities that caused waste to be discharged or deposited into waters of the
state where it has created and threatens to create a condition of pollution or nuisance.
5. The Lodi News Sentinel operated a newspaper printing business from1945 to 1968
and during that time used solvents and discharged wastewater containing solvents to
the alleyway sewer line, which thereafter was released to the environment. The Lodi
New Sentinel is subject to the Order because it conducted activities that caused waste
to be discharged or deposited into waters of the state where it has created and
threatens to create a condition of pollution or nuisance.
6. Odd Fellows Hall Association of Lodi (Odd Fellows) is the current owner of 218 W.
Pine Street, the property where R & J and Flair conducted operations that discharged
process wastewater containing PCE to the sewer, which thereafter was released to the
environment and Beckman Capitol Corporation (Beckman) is the current owner of
212 W. Pine Street, the property on which the Lodi News Sentinel conducted
operations discharged wastewater containing solvents to the alleyway sewer line
which thereafter was released to the environment. Odd Fellows and Beckman are
subject to this Order because as the past and current owners of the property they
caused or permitted waste to be discharged to waters of the state where it has created
and threatens to create a condition of pollution or nuisance and because they have
knowledge of the discharge and the ability to control it.
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BACKGROUND
7. Lodi relies on groundwater for its drinking water. In the late 1980's, PCE and TCE
pollution was discovered in several municipal drinking water supply wells in the City
of Lodi. In the early 1990's, investigations conducted by the Regional Board under
the Well Investigation Program revealed numerous discrete areas where TCE was
discharged, or where PCE from dry cleaning operations was discharged to the sewer
system. Regional Board staff concluded that PCE had leaked from the sewer to the
groundwater.
8. Recent investigations show that wastewater containing solvents disposed by Guild,
Lodi News Sentinel, R & J, and Flair to the alleyway sewer line were subsequently
discharged to the soil and groundwater due to leaks and sags in the alleyway sewer
line itself. The discharges have resulted in soil and groundwater pollution at levels so
high that pure liquid phase PCE remains in the soil and groundwater. PCE in the
groundwater has been detected as high as 140,000 micrograms/liter (jag/1) and PCE
has been detected in soil gas as high as 49,000 µg/1. The groundwater pollution
extends downgradient over 3,000 feet and has migrated downward to over 150 feet
deep below ground surface. The PCE impacted a municipal supply well that was
subsequently abandoned. PCE vapor intrusion to indoor air has been documented in
two buildings in the Central Plume Area and the potential exists for vapor intrusion to
indoor air in other buildings overlying the groundwater plume. This polluted area is
referred to as the "Lodi Central Plume Area".
9. In 1997, DTSC and the City of Lodi entered into a "Cooperative Agreement"
whereby Lodi assumed a lead role in the cleanup and agreed to pursue legal action
against potentially responsible parties (PRPs) to enforce cleanup and to recover the
City's legal costs. Lodi agreed that if it were not successful in compelling PRPs to
undertake remedial work within 24 months of the effective date of the Cooperative
Agreement, the City would perform investigations and install and operate a
"downgradient containment and remediation system." Due to the discovery of liquid
phase PCE in the soil and groundwater at the Central Plume Area, remedial work
other than, or in addition to, that described in the Cooperative Agreement is
necessary. In the Cooperative Agreement DTSC provided the City with a covenant
not to sue "with respect to claims arising from the City of Lodi's design, construction,
operation or maintenance of any storm or sanitary sewer systems." The Regional
Board is not a party to the Cooperative Agreement.
10. In 2000, the City initiated legal action in Federal Court against a number of PRPs.
The City also began investigations of the extent of contamination and produced a
Phase 1 report in September 2001.
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11. In October of 2001, Guild Cleaners requested Regional Board oversight for the
performance of a Remedial Investigation and Feasibility Study for its area of
contamination. The Regional Board, in consultation with DTSC, undertook the
requested oversight and Guild has nearly completed its investigations of the extent of
PCE in the soil and groundwater. With Regional Board oversight Guild also
constructed a pilot -scale soil vapor extraction (SVE) system and extracted over 4,000
pounds of pure phase PCE in the course of a six-week pilot scale study conducted in
2003. Guild is currently pilot testing the feasibility of shallow groundwater
remediation by a combination of air-sparging and SVE.
12. Regional Board staff also requested that the City of Lodi repair the leaking, sagging
sewer line in the area of the pure phase liquid PCE release near Guild Cleaners.
Although PCE is not currently being discharged into the sewer in this area, the repair
was necessary to prevent sewer leakage from causing further migration of PCE
already present in the soil. In response to the Regional Board staff's request, the City
recently slipped -lined that section of the sewer.
13. DTSC has issued an Imminent and Substantial Endangerment Determination and
Order and Remedial Action Order (Order), Docket No. I&SE 02/03-024, to Guild
Cleaners, Inc.; the Estate of Dwight Alquist; the Lodi News Sentinel; Odd Fellows
Hall Association of Lodi; Beckman Capitol Corporation; and others. DTSC did not
name the City in its order.The Regional Board has reviewed the DTSC Order and
believes that this Cleanup and Abatement Order is consistent with the DTSC Order.
Although this Regional Board Order may contain additional and different required
actions by the Discharger than the actions required by DTSC's Order, nothing herein
shall be construed to contradict DTSC's Order. If any action required by this
Regional Board Order of a particular Discharger is impossible to perform because of
contrary requirements in DTSC's Order, as determined in writing by the Regional
Board's Executive Officer, then that action shall be waived as to that Discharger.
Such required action shall not be waived for any other Discharger, and all other
required actions shall still be required of all Discharger.
AUTHORITY — LEGAL REQUIREMENTS
14. The Fourth Edition of the Water Quality Control Plan for the Sacramento River and
San Joaquin River Basins (hereafter Basin Plan) designates beneficial uses of the
waters of the State, establishes water quality objectives (WQOs) to protect these uses,
and establishes implementation policies to attain WQOs. The beneficial uses of the
groundwater beneath the site are domestic, municipal, industrial, and agricultural
supply.
15. The PCE detected at the site is a solvent used in the dry cleaning process and the
printing industry. PCE is not naturally occurring. PCE is known to be carcinogenic in
experimental animals. Statistically significant increases in the incidence of tumors at
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several sites have also been observed in certain studies of workers in the dry-cleaning
industry.
16. The PCE detected at the site is a waste as defined in California Water Code Section
13050(d).
17. WQOs listed in the Basin Plan include numeric WQOs, including state drinking water
standards, and narrative WQOs, including the narrative toxicity objectives for surface
and groundwaters. The numeric standard for PCE to implement the Basin Plan WQO
is listed in the following table.
Constituent
Limits
WQO
Reference
PCE
0.06 gg/L
Narrative Toxicity
California Public Health Goal in Drinking
Water — Office of Environmental
Health Hazard Assessment
gg/L Micrograms per liter
18. The concentrations in groundwater exceed the WQO for PCE. The exceedance of
applicable WQOs in the Basin Plan constitutes pollution as defined in California
Water Code Section 13050. The Discharger has caused or permitted waste to be
discharged or deposited where it has discharged to waters of the state and has created,
and continues to threaten to create, a condition of pollution or nuisance.
19. The State Water Resources Control Board (State Board) has adopted Resolution No.
92-49, the Policies and Procedures for Investigation and Cleanup and Abatement of
Discharges Under Water Code Section 13304. This Policy sets forth the policies and
procedures to be used during an investigation or cleanup of waste and requires that
cleanup standards be consistent with State Board Resolution 68-16 (the
antidegradation policy). Resolution 92-49 and the Basin Plan establish the cleanup
levels to be achieved. Resolution 92-49 requires the waste to be cleaned up to
background, or if that is not reasonable, to an alternative level that is the most
stringent level that is economically and technologically feasible in accordance with
Section 2550.4, Title 23 California Code of Regulations (CCR). Any cleanup level
alternative to background must (1) be consistent with the maximum benefit to the
people of the state; (2) not unreasonably affect present and anticipated beneficial use
of such water; and (3) not result in water quality less than that prescribed in the Basin
Plan and applicable Water Quality Control Plans and Policies of the State Board.
20. Section 13304(a) of the California Water Code provides that:
"Any person who has discharged or discharges waste into waters of the state in
violation of any waste discharge requirements or other order or prohibition issued by
a regional board or the state board, or who has caused or permitted, causes or
permits, or threatens to cause or permit any waste to be discharged or deposited
where it is, or probably will be, discharged into the waters of the state and creates, or
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threatens to create, a condition of pollution or nuisance, shall upon order of the
regional board clean up the waste or abate the effects of the waste, or, in the case of
threatened pollution or nuisance, take other necessary remedial action, including but
not limited to, overseeing cleanup and abatement efforts. Upon failure of any person
to comply with the cleanup or abatement order, the Attorney General, at the request
of the board, shall petition the superior court for that county for the issuance of an
injunction requiring the person to comply with the order. In the suit, the court shall
have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or
permanent, as the facts may warrant."
21. Section 13267(b) of the California Water Code provides that:
"In conducting an investigation specified in subdivision (a), the regional board may require
that any person who has discharged, discharges, or is suspected of having discharged or
discharging, or who proposes to discharge waste within its region, or any citizen or
domiciliary, or political agency or entity of this state who has discharged, discharges, or is
suspected of having discharged or discharging, or who proposes to discharge, waste outside
of its region that could affect the quality of waters within its region shall furnish, under
penalty of perjury, technical or monitoring program reports which the regional board
requires. The burden, including costs, of these reports shall bear a reasonable relationship to
the need for the report and the benefits to be obtained from the reports. In requiring those
reports, the regional board shall provide the person with a written explanation with regard to
the need for the reports, and shall identify the evidence that supports requiring that person to
provide the reports."
The technical reports required by this Order are necessary to assure compliance with
this Order. Existing data and information about the site indicates that waste has been
discharged or is discharging from the facilities described above and from the City's
sewers, which facilities and sewers are owned or operated, or formerly owned or
operated by the Discharger named in this Order.
22. Section 13304(c)(1) of the California Water Code provides that:
"... the person or persons who discharged the waste, discharges the waste, or
threatened to cause or permit the discharge of the waste within the meaning of
subdivision (a), are liable to that government agency to the extent of the reasonable
costs actually incurred in cleaning up the waste, abating the effects of the waste,
supervising cleanup or abatement activities, or taking other remedial action..."
23. If the Discharger, or any of them, fail to comply with this Cleanup and Abatement
Order, the Executive Officer may request the Attorney General to petition the
superior court for the issuance of an injunction.
24. If the Discharger, or any of them, violates this Cleanup and Abatement Order, then
the Discharger may be liable civilly in a monetary amount provided by the California
Water Code.
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25. The issuance of this Order is an enforcement action taken by a regulatory agency and
is exempt from the provisions of the California Environmental Quality Act (Public
Resources Code, Section 21000, et seq.), pursuant to Section 15321(a)(2), Title 14,
CCR.
26. Any person affected by this action of the Regional Board may petition the State
Board to review the action in accordance with Sections 2050-2068, Title 23, CCR.
The State Board must receive the petition within 30 days of the date of this Order.
Copies of the law and regulations applicable to filing petitions will be provided upon
request and are available at www.swrcb.ca.gov.
27. The Regional Board held a public hearing on this Order on March 18-19, 2004. The
Discharger, or the Discharger's representative(s), and all known interested parties,
had the opportunity to submit comments and to be heard. The Board, in a public
meeting, heard and considered all comments pertaining to this Order.
REQUIRED ACTIONS
IT IS HEREBY ORDERED that, pursuant to Section 13304 and Section 13267 of the
California Water Code, the City of Lodi, Guild Cleaners, Inc., Estate of Dwight Alquist,
Odd Fellows Hall Association of Lodi, the Lodi News Sentinel and Beckman Capitol
Corporation shall:
Investigate the discharges of waste, clean up the waste and abate the effects of the
discharges of waste, forthwith, from the Site, in conformance with the State Board's
Resolution No. 92-49 Policies and Procedures for Investigation and Cleanup and
Abatement of Discharges Under Water Code Section 13304 and with the Regional
Board's Water Quality Control Plan for the Sacramento River and San Joaquin River
Basins (in particular the Policies and Plans listed within the Control Action
Considerations portion of Chapter IV). "Forthwith" means as soon as is reasonably
possible. Compliance with this requirement shall include, but not be limited to,
completing the tasks listed below.
REMOVAL ACTIONS
2. By April 26, 2004 Discharger shall present a work plan to perform pilot testing of
SVE, or other equally effective cleanup technology, at and in the vicinity of 218 W.
Pine Street and 212 W. Pine Street. Within 90 days following completion of the pilot
testing, Discharger shall submit a removal action workplan for soil cleanup and a
removal action Workplan for source area groundwater cleanup that includes a
schedule for implementing the workplans, which shall, after approval by the Regional
Board, become part of this Order. Discharger shall continue to implement the work
plan entitled Soil Vapor Extraction and Groundwater Sparging Pilot Test Work Plan
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Guild Cleaners 17 S. Church Street Lodi, California dated June 19, 2002.
INDOOR AIR ASSESSMENT
The Discharger shall complete the following activities by the listed dates:
3. By April 26 2004, submit a work plan for sampling and analysis of indoor air in
adjacent businesses and residences. The Discharger shall complete the Indoor Air
Assessment in accordance with the work plan and the approved time schedule, which
shall become part of this Order.
4. Within 45 days of performing the Indoor Air Assessment, submit two copies of a
report describing the preliminary results of the assessment (Indoor Air Assessment
Report). The report shall also clearly show whether the indoor air in each building
tested contains PCE vapors above the acceptable health risk based level, and if so,
present a schedule and proposed work plan for the implementation of corrective
measures. The report shall assess the potential for PCE vapors in residential indoor
air based on the results of the business indoor air sampling and the results of soil gas
analyses. The report shall contain a Workplan for sampling and analysis of residential
indoor air if the assessment indicates PCE vapors could be present above health based
limits. The approved time schedule shall become part of this Order.
REMEDIAL INVESTIGATION/FEASIBILITY STUDY
5. The Discharger shall conduct a RI/FS for the Site. This RI/FS shall be prepared
consistent with the U.S. Environmental Protection Agency's "Guidance for
Conducting Remedial Investigations and Feasibility Studies under CERCLA,"
October 1988. The purpose of the RI/FS is to assess Site conditions and to evaluate
alternatives to the extent necessary to select a remedy appropriate for the Site.
6. RI/FS Workplan. By April 26 2004, Discharger shall prepare and submit to the
Regional Board and DTSC for review and approval a detailed RI/FS Workplan and
implementation schedule that covers all the activities necessary to conduct a complete
RI/FS of the Site. The approved time schedule shall become part of this Order.
7. Remedial Investigation (RI) Report. The RI Report shall be prepared and submitted
by Discharger to the Regional Board and DTSC for review and approval in
accordance with the approved RDFS workplan schedule.
8. Baseline Health and Ecological Risk Assessment. Discharger shall perform health
and ecological risk assessments for the Site. Discharger shall perform health and
ecological risk assessments for the Site that meets the requirements of Health and
Safety Code section. 25356.1.5, subdivision (b). Discharger shall submit a Baseline
Health and Ecological Risk Assessment Report within thirty (30) days from the
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approval of the RI Report. The report shall be prepared consistent with U.S. EPA and
California Environmental Protection Agency guidance and regulations, including as a
minimum: Risk Assessment Guidance for Superfund, Volume 1; Human Health
Evaluation Manual, December 1989; Superfund Exposure Assessment Manual, April
1988; Risk Assessment Guidance for Superfund, Volume 2, Environmental
Evaluation Manual, March 1989; and all other related or relevant policies, practices
and guidelines of the California Environmental Protection Agency and policies,
practices and guidelines developed by U.S.EPA pursuant to 40 CFR 300.400 et seq.
9. Feasibility Study (FS) Report. The FS Report shall be prepared and submitted by
Discharger for review and approval, no later than sixty (60) days from submittal of
the RI Report.
10. Public Participation Plan (Community Relations). Discharger shall conduct a baseline
community survey and develop a Public Participation Plan (PPP) that describes how,
under this Order, the public and adjoining community will be kept informed of
activities conducted at the Site and how Discharger will be responding to inquiries
from concerned citizens.
11. California Environmental Quali . Act CEQA). Discharger shall provide any
information necessary to facilitate compliance with CEQA.
REMEDIAL ACTIONS
12. Remedial Action Plan (RAP). Discharger shall prepare and submit a draft RAP.
Discharger shall implement a public review process. Within 10 days of closure of the
public comment period, Discharger shall submit a written Responsiveness Summary
of all written and oral comments presented and received during the public comment
period. Within fifteen (15) days following approval of the Responsiveness Summary,
Discharger shall modify the RAP in accordance with the Responsiveness Summary
and submit a final RAP.
13. Remedial Design (RD). Discharger shall propose a time schedule, to be approved by
the Regional Board, for the preparation and submission a RD describing in detail the
technical and operational plans for implementation of the final RAP
14. Implementation of Final RAP. Discharger shall implement the final RAP in
accordance with the approved schedule in the RD. Within thirty (30) days of
completion of field activities, Discharger shall submit an Implementation Report
documenting the implementation of the final RAP and RD.
15. Operation and Maintenance (O&M). Discharger shall comply with all O&M
requirements in accordance with the final RAP and approved RD. Within thirty (30)
days following a written request, Discharger shall prepare and submit for approval an
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O&M plan that includes an implementation schedule. Discharger shall implement the
plan in accordance with the approved schedule.
16. Five -Year Review. Discharger shall review and reevaluate the remedial action after a
period of 5 years from the completion of construction and startup, and every 5 years
thereafter as long as the waste remains in place. The review and reevaluation shall be
conducted to determine if human health and the environment are being protected by
the remedial action. Within thirty (30) calendar days before the end of the 5 -year
time period, Discharger shall submit a remedial action review workplan for review
and approval. Within sixty (60) days of approval of the workplan, Discharger shall
implement the workplan and shall submit a comprehensive report of the results of the
remedial action review. The report shall describe the results of all sample analyses,
tests and other data generated or received by Discharger and evaluate the adequacy of
the implemented remedy in protecting public health, safety and the environment. As
a result of any review performed under this Section, Discharger may be required to
perform additional Work or to modify Work previously performed.
17. Quarterly Summar�Reports. Discharger shall submit a Quarterly Summary Report
of its activities under the provisions of this Order. The report shall be received by the
fifteenth (15th) day of each calendar quarter and shall describe:
(a) Specific actions taken by or on behalf of Discharger during the previous
calendar quarter;
(b) Actions expected to be undertaken during the current calendar quarter;
(c) All planned activities for the next calendar quarter;
(d) Any requirements under this Order that were not completed;
(e) Any problems or anticipated problems in complying with this Order; and
(f) All results of sample analyses, tests, and other data generated under this Order
during the previous calendar month, and any significant findings from these data.
18. By April 26, 2004, the Discharger shall submit a Groundwater Monitoring Program
Report for existing wells and propose any additional wells to be installed for
characterizing the VOCs in groundwater for the Regional Board's review. The
proposed monitoring program shall include groundwater monitoring and sampling on
no less than a quarterly basis. Once a Monitoring and Reporting Program (MRP) is
issued by the Executive Officer, the Discharger shall comply with this MRP. The
Executive Officer may change this MRP as appropriate.
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19. Submittals. Two (2) copies of all submittals and notifications from Discharger
required by this Order shall be sent simultaneously to the Regional Board and to
DTSC.
GENERAL REQUIREMENTS
20. All investigation work plans, reports and feasibility studies shall contain the
information listed in Attachments B, C, and D, respectively, which are made part of
this Order. Work shall be conducted only after Regional Board staff concur with, or
approve work plans. All reports shall be submitted with a cover letter from the
Discharger.
21. Fourteen days prior to conducting any field work, the Discharger shall submit a
Health and Safety Plan that is adequate to ensure worker and public safety during the
field activities in accordance with CCR Title 8, Section 5192.
22. As required by the California Business and Professions Code Sections 6735, 7835,
and 7835. 1, all reports shall be prepared by, or under the supervision of, a registered
professional engineer or geologist and signed by the registered professional. All
technical reports submitted by the Discharger shall include a statement signed by the
authorized representative certifying under penalty of law that the representative has
examined and is familiar with the report and that to his knowledge, the report is true,
complete, and accurate.
23. If additional information becomes available that other viable responsible parties exist
which have contributed to the pollution in the Lodi Central Plume Area and are not
named in this Order, the Regional Board may consider amending this order to include
such parties. Such additional information may be submitted by the Discharger if it is
available, or may be from other independent sources of information available to
Board staff.
24. If the Discharger is unable to perform any activity or submit any document in
compliance with the schedule set forth herein, or in compliance with any work
schedule submitted pursuant to this Order and approved by the Executive Officer, the
Discharger may request, in writing, an extension of the time specified. The extension
request shall include justification for the delay. Considering the merits of the
justification, the request may be granted by the Executive Officer.
25. Upon startup of any remediation system(s), operate the remediation system(s)
continuously, except for periodic and required maintenance. Any interruption in the
operation of the remediation system(s), other than for maintenance or emergencies,
without prior approval from the Regional Board is a violation of this Order.
DRAFT CLEANUP AND ABATEMENT
ORDER NO. R5-2004-XXXX -12-
CENTRAL
12 -
CENTRAL PLUME AREA
LODI, SAN JOAQUIN COUNTY
26. Optimize remedial systems as needed to improve system efficiency, operating time,
and/or pollutant removal rates, and report on the effectiveness of the optimization in
the Annual Report.
27. Notify Regional Board staff at least three working days prior to any fieldwork,
testing, or sampling.
28. Obtain all local and state permits necessary to fulfill the requirements of this Order
prior to beginning the work that requires a permit.
29. Continue any investigation, pilot study, remediation or monitoring activities until
such time as the Executive Officer determines that sufficient cleanup has been
accomplished, as required by this Order, and this Order has been rescinded.
30. If, in the opinion of the Executive Officer, the Discharger, or any of them, fail to
comply with the provisions of this Order, the Executive Officer may refer this matter
to the Attorney General for judicial enforcement or may issue a complaint for
administrative civil liability.
31. Reimburse the Regional Board for reasonable costs associated with oversight of the
cleanup of this Site. Failure to do so shall be considered a violation of this Order.
32. Discharger shall conform all actions required by this Order to all applicable federal,
state and local laws and regulations, including but not limited to compliance with all
applicable requirements of the Department of Toxics Substances Control. Discharger
shall provide copies of all submittals and correspondence to DTSC for its review and
comment. When DTSC provides written comments on submittals, Discharger shall
address those comments in subsequent submittals.
This Order is effective upon the date of signature.
THOMAS R. PINKOS, Executive Officer
(Date)
Terry Tamminen
Agency secretary
CagEPA
March 29, 2004
EXHIBIT 6
R.IVED
Department of Toxic Substances onto
Edwin F LDirector
K 3 _. 200;
The Honorable Larry Hansen
Mayor of Lodi
Go City Clerk's Office
P.O. Box 3006
Lodi, California 95241-1910
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8800 Cal Center Drive ^e CITY OF LODI ora co�emornea9e
Sacramento, California 95826-3
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LODI GROUNDWATER SITE COOPERATIVE AGREEMENT AND ADDITIONAL
ACTIONS, LODI, CALIFORNIA
Dear Mayor Hansen:
On February 5, 2004, Mr. Edwin F. Lowry, Director of the Department of Toxic
Substances Control (DTSC) sent you a letter clarifying DTSC's enforcement roll for the
cleanup of contaminated groundwater in the City of Lodi (City) Area of Contamination
(Site). The letter also discussed DTSC's view of the responsibilities that the City has
with respect to the site. Additionally, on March 5, 2004, DTSC transmitted to the City a
Draft Imminent and Substantial Endangerment Determination and Order and Remedial
Action Order (Draft Order) as persons responsible for cleaning up a release of
hazardous substances at the Lodi Central Plume Area (LCPA). The Draft Order
identifies the City's additional responsibility to participate with other potentially
responsible parties to investigate and remediate contamination in the LCPA.
Provided below is clarification regarding DTSC's view of the City's responsibility to
conduct work at the Site, and expectations for the timing of completing such work.
DTSC's expects the City to conduct work in the following general categories:
1) Exhibit A of the 1997 Cooperative Agreement
The City needs to complete work that was started pursuant to its 1997 Cooperative
Agreement with DTSC. To meet the Exhibit A requirements of the Cooperative
agreement. The objective of Exhibit A was to prevent further plume migration and
protect the City water supply. The City developed and obtained DTSC approval for, and
began implementing a three phase Initial Site Investigation Work Plan (ISI Work Plan),
prepared by Henshaw Associates, Inc. The City completed the ISI work plan, but has
yet to complete a substantial amount of the Exhibit A work.
0 Printed on Recycled Paper
LODI GROUNDWATER SITE COOPERATIVE AGREEMENT AND ADDITIONAL
ACTIONS, LODI, CALIFORNIA
Dear Mayor Hansen:
On February 5, 2004, Mr. Edwin F. Lowry, Director of the Department of Toxic
Substances Control (DTSC) sent you a letter clarifying DTSC's enforcement roll for the
cleanup of contaminated groundwater in the City of Lodi (City) Area of Contamination
(Site). The letter also discussed DTSC's view of the responsibilities that the City has
with respect to the site. Additionally, on March 5, 2004, DTSC transmitted to the City a
Draft Imminent and Substantial Endangerment Determination and Order and Remedial
Action Order (Draft Order) as persons responsible for cleaning up a release of
hazardous substances at the Lodi Central Plume Area (LCPA). The Draft Order
identifies the City's additional responsibility to participate with other potentially
responsible parties to investigate and remediate contamination in the LCPA.
Provided below is clarification regarding DTSC's view of the City's responsibility to
conduct work at the Site, and expectations for the timing of completing such work.
DTSC's expects the City to conduct work in the following general categories:
1) Exhibit A of the 1997 Cooperative Agreement
The City needs to complete work that was started pursuant to its 1997 Cooperative
Agreement with DTSC. To meet the Exhibit A requirements of the Cooperative
agreement. The objective of Exhibit A was to prevent further plume migration and
protect the City water supply. The City developed and obtained DTSC approval for, and
began implementing a three phase Initial Site Investigation Work Plan (ISI Work Plan),
prepared by Henshaw Associates, Inc. The City completed the ISI work plan, but has
yet to complete a substantial amount of the Exhibit A work.
0 Printed on Recycled Paper
The Honorable Larry Hansen
March 29, 2004
Page 2
The purpose and scope of the ISI Work Plan was to obtain sufficient soil and
groundwater quality data, and supporting hydrogeological data to: identify and evaluate
potential soil and groundwater hot spots; establish baseline groundwater quality;
delineate the lateral extent of the groundwater plume in the shallow groundwater; and
delineate the vertical extent of the Lodi groundwater plume to meet the objectives of the
Exhibit A work. This work was to provide the characterization necessary to design and
implement a Down Gradient Containment System (DCRS) as outlined in Exhibit A to
prevent further migration and protect the City water supply.
In March of 2000, DTSC approved the City's ISI Work Plan and the City started work.
In July 2001, the City submitted to DTSC the ISI Phase I Report (ISI Report). DTSC
provided written comments on the ISI Report to the City in a letter dated July 30, 2001.
DTSC's comments identified recommendations for additional work for the City to do to
complete the approved scope of work in the ISI Work Plan. The additional work needed
includes, developing, and obtaining approval for implementing a Phase II ISI Work Plan
for characterization of the deeper water bearing zones. This and other ISI work remains
to be conducted by the City at this point. Please see the enclosed letter from Mr. Fran
Forkas dated October 26, 2001. The letter identifies DTSC's comments on the ISI Work
Plan and provides the City's response to each.
In addition, the City needs to complete work started pursuant to two ISI Work Plan
Addendums, under which the City is conducting an Indoor and Ambient Air Investigation
of the Guild Area. The City has partially completed the indoor and ambient air
investigation and submitted to DTSC the Draft Indoor and Ambient Air Investigation
(Indoor Air Sampling Report) for the Guild Area dated October 24, 2003. The Indoor Air
Sampling Report identified buildings in the Guild area that are impacted by volatile
organic compounds (VOC) vapors present in indoor air from the contaminated soil and
groundwater, and the need to mitigate potential long term health risks to workers or
residents using the buildings. DTSC provided comments to the City on the Indoor Air
Sampling Report in a letter dated December 12, 2003. DTSC's comments requested
that the City complete the scope of work identified in the ISI Work Plan Addendums by
conducting indoor air sampling at additional buildings in the Guild area. DTSC also
requested that the City notify the impacted building's owners and occupants of the
sampling results and the related potential long term health risks. Please note that
DTSC would like the City to place a high priority on responding to DTSC's
December 12, 2003 letter regarding the City's Indoor and Ambient Air Investigation.
DTSC would also like the City to resume the Quarterly Groundwater Monitoring
Program implemented through the ISI Work Plan in December 2000. In mid November
2003, the City's former consultants conducted the fourth quarter (Q4) 2003 groundwater
monitoring event. However, the City has not provided DTSC a Q4 2003 Quarterly
The Honorable Larry Hansen
March 29, 2004
Page 3
Groundwater Monitoring Report (QMR). The QMR was due in January 2004. DTSC
requests that the City submit the 04 QMR to DTSC as soon as possible. Please also
note that the Q4 QMR should fully respond to DTSC's comments on the Q3 2003 QMR
which were provided to Mr. Richard Prima by Mr. Mike Vivas, DTSC's Project Manager
for the Lodi groundwater project at a February 2004 meeting.
In summary, DTSC requests that the City perform the following work that meets the
objectives of Exhibit A that was initiated, but not completed: 1) the Initial Site
Investigation Work Plan approved by DTSC dated March 3, 2000; 2) the Indoor and
Ambient Air Investigation for the Guild Local Area being conducted pursuant to the ISI
Work Plan addendums; 3) the quarterly groundwater monitoring program identified in -
the ISI Work Plan; and 4) appropriate public participation activities for the overall site
and for activities conducted by the City.
2) August, 2003 Environmental Site Investigation Work Plan
DTSC requests the City also resume work on the Environmental Site Investigation (ESI)
prepared by Magellan Environmental, Inc., which was approved by DTSC and started
by the City in November of 2003. The City's work pursuant to the ESI Work Plan was
suspended in January, 2004 when the City dismissed the Lodi City Attorney and the
technical consultants implementing the ESI Work Plan for the City.
The ESI Work Plan is defense related in nature and the objectives included; a city-wide
investigation of the City's sewer system as a potential conduit for contamination
released by PRPs; determining the detailed stratigraphy of the shallow and deep
aquifer units near the municipal water supply wells; evaluating the vertical extent of
groundwater contamination in deeper water bearing zones near existing VOC impacted
municipal supply wells; and evaluating the potential presence of contamination on City
property where releases due to disposal, leakage, or spillage may have occurred.
The City began implementing the ESI Work Plan in December, 2003 with fieldwork
including soil gas and sewer investigation in the North area of Lodi. DTSC requests that
the City place a high priority on confining the ESI work.
3) DTSC's Draft Order for the Lodi Central Plume Area
When issued in its final form, DTSC's Draft Order for the LCPA to the City of Lodi will
require the City to make best efforts to communicate, cooperate with, and participate
with Performing Parties to complete the scope of work identified in Section V. of DTSC's
Order issued to other potentially responsible parties in the LCPA on May 30, 2003 and
amended July 9, 2003. The Order requires, among other things, that the Performing
The Honorable Larry Hansen
March 29, 2004
Page 4
Parties conduct interim removal actions, a Remedial Investigation and Feasibility Study
(RI/FS), and prepare and Implement a Remedial Action Plan (RAP). DTSC has
requested that the City respond in writing to DTSC's Draft Order by April 9, 2004.
In consideration of the fact that all of the above work needs to be completed, and that
the City needs to procure appropriate technical consultants, DTSC is willing to consider
the possibility that new consultants might recommend consolidating elements of the ISI
and ESI Work Plans into a new unified city-wide remedial investigation work plan. To
the extent that some of this work can meet the requirements of the work outlined in
DTSC's LCPA Order, DTSC encourages the City to work with the Performing Parties
through the mediation efforts provided by the court to integrate the ESI and ISI work
with the work needed in the LCPA. DTSC believes that this could facilitate an effective,
efficient, and comprehensive approach to cleaning up the LCPA.
DTSC requests that the City provide a written response to this letter which considers the
City's responsibility to conduct investigation and cleanup work in Lodi, and includes a
description of the City's recommended approach to completing the above noted work
with a proposed schedule by April 16, 2004. DTSC requests that the City contact DTSC
to schedule a technical meeting to discuss these issues prior to submitting a written
response by April 16, 2004.
If you would like to schedule a meeting or discuss any questions you have on the letter,
please contact Mr. Mike Vivas, P.E., DTSC's Project Manager for the Lodi Groundwater
Site at (916) 255-3682.
Sincerely,
J ortes L.C'oooldaP.E., Chief
hern
am -Central
Cleanup Operations Branch
Enclosure
CC'. Odd Fellows Hall Association of Lodi
218 W. Pine Street
Lodi, California 95240
The Honorable Larry Hansen
March 29, 2004
Page 5
cc: Guild Cleaners, Inc.
Go Mr. Jack Alquist
17 Church Street
Lodi, California 95241-1910
Estate of Dwight Alquist
c/o Mr. Steven Meyers
Downey Brand Attorneys, LLP
555 Capitol Mall, 10"' Floor
Sacramento, California 95814
Lodi News Sentinel, Inc.
c/o Mr. Fred Weybret
Registered Agent
125 N. Church Street
Lodi, California 95240
Lodi Hotel Investors, Ltd.
Attention: Mr. Cyrus Yousefti
1001 6" Street, #200
Sacramento, California 95814
Beckman and Company
c/o Mr. Millard W. Beckman, President
404 W. Pine Street
Lodi, California 95241
Mrs. Angelina Comporato
1301 S. Church Street
Lodi, California 95240-5715
Mr. Millard W. Beckman, President
Beckman Capitol Corporation
404 W. Pine Street
Lodi, California 95241
The Honorable Larry Hansen
March 29, 2004
Page 6
cc: Mr. Richard Prima, Director
City of Lodi Public Works Department
City Hall
221 West Pine Street
P.O. Box 3006
Lodi, California 95241
Mr. Lester Levy, Esq.
Mediator & Arbitrator
Settlement Master
JAMS
The Resolution Experts
Two Embarcadero Center, Suite 1100
San Francisco, Cal'ifomia 94111
Mr. Don Robinson
Deputy Attorney General
Department of Justice
300 S. Spring Street, Suite 500
Los Angeles, California 90015
Mr. Duncan Austin, P.E.
Regional Water Quality Control Board
Central Valley Region
11020 Sun Center Drive
Rancho Cordova, California 95670-6114
Mr. Derek Wong, Esq.
Office of Legal Counsel
Department of Toxic Substances Control
1001 -1- Street, 23d Floor
P.O. Box 806
Sacramento, Califomia 95812-0806
Mr. Steven Becker, R.G., Chief
Expedited Remedial Action Program Unit
Northern California -Central Cleanup Operations Branch
Site Mitigation and Brownfields Reuse Program
Department of Toxic Substances Control
8800 Cal Center Drive
Sacramento, California 95826-3200
TECHNICAL SERVICES TASK ORDER AGREEMENT
FOR PROFESSIONAL SERVICES
BETWEEN THE CITY OF LODI
AND
TREADWELL & ROLLO, INC.
THIS TASK ORDER AGREEMENT, hereinafter referred to as "Agreement," made and entered
into on this 22"d day of April 2004, by and between the City of Lodi, hereinafter referred to as
"Client," and Treadwell & Rollo, Inc., hereinafter referred to as "Consultant."
WITNESSETH:
WHEREAS, Client is proceeding with participation in remediation studies and possible work in
connection with PCE and TCE soil and groundwater contamination in Lodi referred to in draft
administrative orders from the State of California Regional Water Quality Control Board and
Department of Toxics Substances Control, that requires the services of a consultant; and
WHEREAS, Consultant has available and offers to provide personnel and facilities necessary to
accomplish such work as may be requested by Client;
NOW, THEREFORE, Client and Consultant agree as follows:
I. DESCRIPTION OF PROJECT
Services provided shall be as described in written task orders made pursuant to and referencing this
Agreement, but in general shall include engineering and analytical services.
II. SCOPE OF SERVICES
Consultant agrees to perform those services described in separate written task orders signed by
Client and Consultant. Unless modified in writing by both parties, duties of Consultant shall not be
construed to exceed those services specifically described in each task order.
III. TIME FOR COMPLETION
The time for completion of work shall be as identified in each task order issued pursuant to this
Agreement.
IV. COMPENSATION
For services to be performed by Consultant, as described in each task order, Client agrees to pay,
and Consultant agrees to accept, compensation as identified in each task order. Consultant shall
invoice Client on a time and materials cost basis for services provided under this Agreement in
accordance with the Billing Rate Schedule contained in Exhibit A unless task orders specifically
indicate otherwise.
TaskOrderAgreement-TR.doc 1 4/15/2004
Subject to Section XVII of this agreement, Consultant may augment in-house personnel with
subconsultants. Hourly rate for subconsultants shall not exceed those for equivalent in-house
personnel.
Consultant shall submit invoices for services as prescribed in each task order. Client shall pay such
invoices within 30 days after their receipt. If payment is not made within 30 days, interest on the
unpaid balance will accrue at a rate of one (1) percent per month compounded monthly.
V. RESPONSIBILITY OF CONSULTANT
Consultant agrees that in undertaking the duties to be performed hereunder, it shall act as an
independent consultant for and on behalf of Client. Client shall not direct the work and means for
accomplishment of the services and work to be performed hereunder. Client, however, retains the
right to require that work performed by Consultant meet specific standards without regard to the
manner and means of accomplishment thereof.
Consultant shall perform the Services in a manner consistent with the level of care and skill
ordinarily exercised by consultants performing comparable services under comparable
circumstances in the general location of the Project Site. Notwithstanding any provision of this
Agreement, Consultant makes no representation, warranty or guarantee, express or implied, and
expressly disclaims any representations, warranties or guarantees, whether made orally or in writing,
and whether made prior to or contemporaneously herewith.
VI. OWNERSHIP OF DOCUMENTS
All documents and other materials obtained, prepared, or created by Consultant shall be owned by
Client. Consultant shall have the right to retain copies of such materials.
VII. NO THIRD PARTY RELIANCE
Consultant and Client agree that all analyses, findings, conclusions and recommendations of
Consultant made pursuant to this Agreement are for the sole benefit of Client and may not be relied
on by any other person.
VIII. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify and hold harmless Client, their
directors, officers, and employees from and against claims, damages, losses, and expenses (including
reasonable attorneys' fees) whether incurred in a third party action or in an action brought by Client
against Consultant to enforce Client's rights under this provision, arising out of performance of the
work, provided that any such claim, damage, loss, or expense is caused by negligent acts or
omissions of Consultant, any subconsultant employed directly by Consultant, anyone directly or
indirectly employed by any of them, or anyone for whose acts they may be liable.
Client agrees to indemnify, defend and save harmless Consultant, its officers, agents and employees,
and any subcontractors employed by Consultant incident to this Agreement, from and against all
losses, claims, costs, damages, liabilities and other expenses, including reasonable attorneys' fees
TaskOrderAgreement-TR.doc 2 4/15/2004
(whether incurred in a third parry action or in an action brought by Consultant against Client to
enforce Consultant's rights under this provision) arising out of (a) material breach or failure to
perform any material provision of this Agreement by Client, or (b) the negligence, gross negligence,
or willful misconduct of Client.
IX. HEALTH AND SAFETY
Client assumes all responsibility for the health and safety of all persons affected by the Project Site
or the Services, except the Consultant and persons under the direct control, supervision, or direction
of the Consultant.
X. INSURANCE
Consultant shall procure and maintain the following insurance policies, each of which shall provide
primary coverage with respect to work performed under this Agreement.
1. Comprehensive General Liability Insurance. Insurance including premises/operations,
products/completed operations, blanket contractual, and broad -form property damage
liability coverages. The combined single limit for bodily injury and property damage
shall not be less than $1,000,000 per occurrence, and $2,000,000 per year in
aggregate.
2. Automobile Bodily Injury and Property Damage Liability. Insurance covering owned
(if any), non -owned, rented, and leased cars. The limit shall not be less than
$1,000,000 per occurrence.
3. Workers' Compensation and Employer's Liability. Insurance as prescribed by
applicable law, including liability under the Longshoreman's and Harbor Workers'
Act and the Jones Act, if applicable. The employer's liability limit shall not be less
than $1,000,000.
4. Professional Liability Insurance. Insurance covering losses resulting from errors or
omissions of the Consultant. The limit of liability shall not be less than $1,000,000
per claim and in the aggregate.
Should Consultant or any of its officers, employees, or agents be found to have been negligent in
the performing of professional services or work, or to have breached any express or implied
warranty, breached any representation or any provision of this Agreement, Client, all persons or
entities claiming through Client and all persons or entities claiming to have in any way relied
upon or been damaged by Consultant's services or work agree that the maximum aggregate
amount of the liability of Consultant, its officers, employees and agents shall be limited to the
total amount of the fee paid to Consultant by Client for its work performed with respect to the
project, or $500,000, whichever is greater. The Agreement price is predicated on this limitation
of liability. Should Client object to this provision, then the Agreement price will be renegotiated
by Consultant and Client to account for the increase in Consultant's potential liability. Any
objection by Client to this limitation on liability must be conveyed to Consultant before Client's
acceptance of this Agreement.
TaskOrderAgreement-TR.doc 3 4/15/2004
XI. ASSIGNMENT
This Agreement is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement may not be assigned by either Client or Consultant without the prior written consent of
the other.
XII. BENEFIT
Except as herein provided, this Agreement shall inure to the benefit of the assigns, heirs, and
successors of the parties to this Agreement.
XIII. TERMINATION
Client may terminate this Agreement for its convenience. Consultant shall be compensated for work
performed to the date of termination including a reasonable amount for profit on work accomplished
and cost to terminate work.
In the event Consultant shall persistently fail to perform services and work hereunder in a manner
satisfactory to Client, this Agreement may, at Client's option, be terminated. Consultant shall be
compensated for completed and useful work performed to the date of termination.
Client or Consultant may terminate this Agreement at any time on 30 days prior written notice to the
other parry.
This Agreement shall terminate without any action of a party in the event either Client or Consultant
becomes insolvent or subject to proceedings under any law relating to bankruptcy, insolvency or the
relief of debtors.
XIV. RIGHT OF INSPECTION AND AUDIT
Client shall at reasonable times during the term of this Agreement have reasonable access to inspect
and audit project -related documents and other materials resulting from Consultant's activities
pursuant to this Agreement. Client shall reimburse Consultant for Consultant's reasonable costs in
assisting with any such inspections and audits.
XV. JURISDICTION
This Agreement shall be administered and interpreted under the laws of the State of California.
Jurisdiction of litigation arising from this Agreement shall be in that state. 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 full force
and effect.
No provision of this Agreement shall be construed for or against any parry on the basis of its
contribution, or lack of contribution, to the drafting of such provision, and the provisions of Section
1654 of the California Civil Code shall have no application to this Agreement. The failure of any
party to enforce any provision of this Agreement shall not in any way be construed as a waiver of
TaskOrderAgreement-TR.doc 4 4/15/2004
any such provision and shall not prevent that parry from thereafter enforcing such or any other
provision of this Agreement.
XVI. NON-BINDING MEDIATION
Any dispute or controversy between the parties relating to this Agreement shall be attempted to be
resolved in good faith pursuant to non-binding mediation. The parties shall attempt to select the
mediator by mutual agreement. If they are unable to do so within fifteen (15) calendar days from the
date the dispute if first identified by the parry first to assert a claim, the party first asserting one or
more claims shall provide the other party with a written list of names of five (5) potential mediators.
The other party shall either select the mediator from such list, or shall provide the other party with a
written list of names of five (5) additional potential mediators. The mediator thereupon shall be
selected from such list of ten (10) names by the parties alternately striking names from such list, the
first party to strike a name being selected by the parties' flip of a coin. The last name remaining to
be stricken from the list shall be the mediator. The parties shall proceed to resolve the dispute
through non-binding mediation within forty-five (45) calendar days from the date of the mediator's
selection, or such longer period as the parties may mutually agree upon. If the parties are unable to
resolve the dispute by such means after making every reasonable effort to do so, the parties
thereafter may pursue such other remedies as may be available to them under the provisions of this
Agreement and pursuant to the laws of the State of California. The paragraph shall not apply to
claims made by Consultant pursuant to Mechanics Lien laws.
XVII. INTEGRATION
This Agreement represents the entire understanding of Client and Consultant 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.
XVIII. SUBCONTRACTS
Except with prior written approval of Client, Consultant shall not enter into any subcontract with any
other party for purposes of providing any work or services covered by this Agreement.
XIX. NOTICES
Any notice to a parry in connection with this Agreement must be in writing and addressed to the
party at its address as set forth in the Task Order, or such other address or addresses as to which the
parties may notify each other from time to time. Any notices made to Consultant shall be addressed
to Consultant's project manager or principal in charge of the project described in the Task Order.
All notices made hereunder shall be deemed effective on receipt. Client shall notify Treadwell &
Rollo, Inc. by certified mail of any change of ownership or any information provided on the
Acceptance of Proposal on Authorization to Proceed. In the event client fails to notify, in writing by
certified mail, any changes, Client shall be liable for all credit extended prior to said written
notification as though no changes in fact occurred, without prejudice to Client's right to proceed,
additionally against all successors.
TaskOrderAgreement-TR.doc 5 4/15/2004
TREADWELL & ROLLO, INC.
Signature
Philip Smith
Printed Name
Principal
Title
Date
attachment
CITY OF LODI
Signature
H. Dixon Flynn
Printed Name
City Manager
Title
Date
Approved as to form
D. Stephen Schwabauer
Interim City Attorney
TaskOrderAgreement-TR.doc 6 4/15/2004
Billing Rate Schedule
Exhibit A
Position
Billing Rate_
(dollars per
hour
Philip Smith
207
Michael McGuirer
184
Dorinda Shipman, Patrick Hubbard
166
David Dixon, Glenn Leong
146
Michael Chamberlain
121
Joshua Graber
106
Other Staff
8% below
standard rates
Direct expenses (telephone, reproduction, postage, etc.) will be billed at actual cost.
Mileage will be billed at $0.35 per mile.
Travel time will be included at the appropriate hourly rate either at 50% or one-way only.
Subconsultants as approved by the City will be billed at actual cost plus 10%.
EQUIPMENT CHARGES
Vans, Trucks $13.50/hr (travel time plus time on site)
Nuclear Moisture -Density Guage $12.50/hr
Special Computer or Analytical Software $30.00/hr
Other Equipment As approved by City
TaskOrderAgreement-TR.doc A-1 4/15/2004
13 April 2004
City of Lodi Public Works Department
Attention: Mr. Richard C. Prima, Jr.
P.O. Box 3006 (221 West Pine Street)
Lodi, California 95241-1910
Subject Request for Authorization to Proceed with Data Review and Assessment
Dear Mr. Prima:
Thank you for your call yesterday regarding setting up an initial task to review and
"come up to speed" with the reports and data accumulated by Lodi regarding soil and
groundwater contamination, potentially responsible parties that have contributed to the
contamination, and regulatory and legal issues. We are already relatively well -versed in
the Central Plume technical issues, but have not addressed other known contaminant
sources or other plumes including the West, Busy Bee, South, and North Plumes.
We propose to designate this work as Task 1, Data Review and Assessment. The work
will include the following:
oo A visit to Lodi to meet with City personnel and attorneys and review the data
repository and related files held by the City.
oo One meeting with the Regional Water Quality Control Board and another meeting
with the Department of Toxic Substances Control to hear their assessments of the
technical and regulatory issues and review their files, as needed.
oo Compilation of a bibliography of documents and set-up of a working project
"library" for documents currently held and those that will be added as we go
forward. This would be a subset of the current 25,000 -volume records repository
maintained in Lodi.
oo Preliminary compilation of data appropriate to our work, including tables and
plots of contaminant concentrations.
oo Review and assessment of key documents.
Our past experience in reviewing extensive data repositories suggests that the use of our
time can be maximized by having a senior professional perform a preliminary evaluation
and identification of pertinent documents for copying in Lodi or Sacramento (for
regulatory agency documents) followed by detailed evaluation in our offices. We will
maintain a working library of pertinent documents, while keeping originals in Lodi. Our
Administrative Assistant will keep a record of documents reviewed and maintain the
working library.
Treadwell & Rollo, Inc. Environmental & Geotechnical Consultants
555 Montgomery Street, Suite 1300, San Francisco, California 94111
Telephone (415) 955-9040, Facsimile (415) 955-9041
City of Lodi Public Works Department
Attention: Mr. Richard C. Prima, Jr.
13 April 2004
Page 2
We are requesting a budget of $25,000 to complete this work, broken down by individual
as follows:
Budget Request
Data Review and Assessment
Philip Smith, Program Manager ....................
$7,000
Patrick Hubbard, Project Geologist ...............
5,000
Dorinda Shipman, Project Hydrogeologist....
5,000
Michael McGuire, Project Engineer ..............
3,000
Staff Geologist/ Engineer ............................... 3,000
Susan Penn, Administrative Assistant ........... 2,000
TOTAL ................................ $25,000
The budget request assumes the following:
oo Mr. Smith will spend one day in Lodi to meet with City personnel and attorneys,
review the data repository and one day each with the regulatory agencies.
oo The Administrative Assistant and a Staff Geologist/ Engineer require
approximately 50 hours to set up the working library and prepare a preliminary
compilation including tables and plots of PCE concentrations in groundwater
oo Four senior professionals (Mr. Smith, Hubbard, and McGuire and Ms. Shipman)
use approximately 30 to 40 hours each for review and assessment of the data.
We will only invoice for the number of hours and expenses actually billed, and we will
not exceed the budgeted amount without your prior knowledge and authorization. Based
on the results of our initial phase of work and the project needs, we will be better able to
assess possible additional phases of work and associated costs.
We look forward to beginning this work with you. Please call with any questions.
Sincerely yours,
TREADWELL & ROLLO, INC.
Philip G. Smith, REA II
Vice President
04130401-Lodi.PGS
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby
approve the Technical Services Task Order Agreement with Treadwell and Rollo, Inc.,
relating to the Environmental Abatement Program; and
RE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute Task Orders up to $100,000.00 and appropriate funds for this
project as follows:
$100,000.00 Water Fund
d ^w. * !M1
I hereby certify that Resolution No. 2004-74 was passed and adopted by the City
Council of the City of Lodi in a regular meeting held April 21, 2004, by the following vote:
AYES: COUNCIL MEMBERS — Beckman, Hitchcock, Howard, Land, and
Mayor Hansen
ABSENT: 1 o
ABSTAIN: C
SUSAN J. BLACKSTON
City Clerk
CITY COUNCIL
LARRY D. HANSEN, Mayor
JOHN BECKMAN
Mayor Pro Tempore
SUSAN HITCHCOCK
EMILY HOWARD
KEITH LAND
CITY OF LODI
PUBLIC WORKS DEPARTMENT
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706
FAX (209) 333-6710
EMAIL pwdept@lodi.gov
http:\\www.lodi.gov
April 15, 2004
Treadwell & Rollo, Inc.
Mr. Philip Smith
555 Montgomery Street, Ste. 1300
San Francisco, CA 94111
H. DIXON FLYNN
City Manager
SUSAN J. BLACKSTON
City Clerk
D. STEVEN SCHWASAUER
Interim City Attorney
RICHARD C. PRIMA, JR.
Public Works Director
SUBJECT: Adopt Resolution Approving Technical Services Task Order Agreement
with Treadwell & Rollo, Inc., Authorize City Manager to Execute Task
Orders, and Appropriate Funds
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, April 21, 2004. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the regular calendar for Council discussion. You are welcome to attend.
If you wish to write to the City Council, please address your letter to.City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Susan Blackston, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call me at (209) 333-6759.
Richard C. Prima, Jr.
Public Works Director
RCPlpmf
Enclosure
cc; City Clerk
NCAW ARDTECHN ICALSERVICESAGMT.DOC