HomeMy WebLinkAboutStaff Report 3.A 02/24/2020DATE
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Agenda Item #3.A
February 24, 2020
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Honorable Mayor and Members of the City Council through City Manager
Jason Beatty, P.E — Director, Public Works and Utilities
Dan Herrera, P.E. — Senior Civil Engineer, Public Works and Utilities
SUBJECT: Resolution Authorizing the City Manager to Execute an Amendment to a
Professional Services Agreement and Approving a Revised Budget for the Payran
Underground Storage Tank Site Remediation Project
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution Authorizing the City
Manager to Execute an Amendment to a Professional Services Agreement and Approve a
Revised Budget for the Payran Underground Storage Tank Site Remediation Project.
BACKGROUND
The former City fire station site located at 301 Payran Street previously had an underground
storage tank (UST) that was removed in 1988. The tank was found to be compromised and
leaking fuel into the soil and groundwater. Remediation work was required to remove the
contamination caused by the leaking UST. The City originally obtained grant funding from the
States UST Cleanup Fund to perform the work. Since then, the site has undergone extensive
subsurface investigations and remediation work to remove hydrocarbons in the groundwater that
resulted from apparent leaks from the old UST. The remediation has included installation of
numerous monitoring wells and operation of a "pump and treat" extraction and cleanup system.
The City employed Van Houton Consultants from 1988 until 1995 to oversee the work, evaluate
nearby domestic water wells, and conduct a soil vapor study to evaluate potential impacts from
contaminated groundwater. From this study it was determined that no domestic wells in the area
were impacted, but the "pump and treat" method did not eliminate the groundwater
contamination. From 2009 — 2014, the City worked with ECON, a remediation consulting firm,
to perform various remediation efforts to in order to bring contamination levels to an acceptable
level for site closure. Unfortunately, these efforts were insufficient to bring the site to closure
levels and more remediation work was needed.
In accordance with California Code of Regulations, Title 23 Waters, Division 3 State Water
Resources Control Board and Regional Water Quality Control Boards, Chapter 16 Underground
Tank Regulations, Article 11 Corrective Action Requirements, the City of Petaluma is required
to continue remediation of site until contamination levels are low enough for the site to be
closed. The Sonoma County Department of Health Services (SCDHS), acting as the Local
Oversight Program on behalf of the State Water Resources Control Board, has the authority to
oversee the City's progress to remediate the site and been working with the City to promptly
accomplish that goal.
In June 2016, City Staff prepared an RFP for the continued remediation of the site and Edd Clark
& Associates (ECA) was selected to perform the work. In July 2016, City Council approved a
professional services agreement (PSA) with ECA to complete the remediation work for the site
and bring it to within closure levels (Resolution No. 2016-128 N.C.S.). In addition to awarding
the PSA, the Council action approved of budget adjustment and a new funding source, due to the
exhaustion of grant funding for this project. It was determined that due to the risk of impact to
the City's current and future groundwater wells in the vicinity of the project, the use of Water
Funds was approved.
ECA has installed and operated remediation equipment since December 2017 and is continuing
operations of remediation at the site until site closure requirements are met.
DISCUSSION
In the Fall 2017, ECA installed a High Vacuum Dual Phase Extraction (HVDPE) equipment and
began full time remediation operations in February 2018. The equipment operates by extracting
both groundwater and vapor from various extraction wells and uses combustion and carbon
filtration to remove the contamination. The contract was originally intended to have up to 24 -
months of remediation operations and up to 36 -months of groundwater monitoring and testing.
We are currently approaching the estimated 24 -months of remediation operations, and the
contamination levels are nearing site closure levels, but have not yet met them. The original
amount of the contract was for $506,152.80, and costs are approaching the contract limit. There
are several factors which contributed to the original budgeted amount not being sufficient to
complete the project. These factors include:
• The anticipated construction costs were underestimated. Although efforts were made to
reduce construction costs, the total costs to install the system were triple the estimated
costs. This was due to unanticipated obstacles encountered during excavation and
relocation of equipment.
• The site is located in a sensitive area, adjacent to a charter elementary school, and non-
profit organization. Efforts to adjust operational hours to address and accommodate
these neighbors' concerns decreased the efficiency of the system, and increased
maintenance costs for the equipment.
• Installation costs for proposed gas and electrical upgrades were found to be cost
prohibitive. The use of propane for combustion and using the existing electrical service
increased the monthly operations costs to operate the system.
Efforts were made to increase productivity and reduce costs throughout the project. The
remediation method was modified from the dual phase method of combustion and filtration to a
method that solely uses carbon filtration to remove the contamination. This change in operations
allows the system to be run continuously rather than having reduced operational hours and
I
eliminated the high costs for propane used in combustion. With these changes, the project
requires additional budget and an amendment to the contract with ESA to cover the anticipated
costs through closure of the site.
City Staff consulted with ECA to determine an estimated scope and budget for an additional 6 -
months of remediation operations using the groundwater carbon filtration method and additional
work for site closure operations that were not included in the original contract. This additional
work includes demolition of existing wells, site cleanup and reporting. The total cost for this
additional work is $149,409.00 (Attachment 2). This would bring the total cost of the contract
with ECA to $655,562.80. It is expected with this amendment, the change in methods and
continuous operation of the equipment that contamination levels will reach closure levels July
2020, with total project closeout by December 2020.
It is recommended that Council approve of Amendment No. l to the PSA with Edd Clark &
Associated for a contract budget increase of $149,409.
PUBLIC OUTREACH
In the initial stages of the project, ESA completed a Corrective Action Plan (CAP) which
outlined the remediation of the site. The CAP was submitted to the County and subject to public
input. In addition, the project requires a permit from the Bay Area Air Quality Management
District (BAAWMD).
City staff has maintained an open communication with the neighbors of the site, Rebuilding
Together and Live Oak Charter School. Throughout the project, City staff has had on-site
meetings as well as phone and email communication with the neighbors, to ensure they were
informed of the progress of the project. Communication is vital to the success of the project, and
City Staff is maintaining open communication lines with these stakeholders to ensure their
concerns and questions are addressed through completion of the project.
COUNCIL GOAL ALIGNMENT
This project meets the following City's Goals: Workplan item #42 — "Establish and promote a
citywide sustainability program leading with exemplary environmental practices".
ALTERNATIVES
The alternatives to this action are limited. The remediation of the site until closure levels are met
is required by the State of California. The only alternative to amending the existing contract is to
allow the contract limit to be reached and close out the existing contract, then solicit another
Request for Proposal (RFP) from remediation consultants and begin the process again. This
action would take several months of valuable time that could be used for remediation efforts to
reach site closure levels. The current consultant has been very responsive to City and neighbor
concerns and has made significant progress in reaching site closure levels and it is recommended
that the City amend the existing contract to continue remediation efforts.
FINANCIAL IMPACTS
The project has been included in the City's Capital Plan for several years, as program
e16082012. The original total project budget was for $1,430,000. With the approval of the
amendment to ECA's PSA, the total budget for the project will need to be increased to
$1,528,000, a total increase of $98,000. This project expenditure adjustment will result in an
increase of $86,000 for FY 2019/20 budget, which will be funded by increased revenues from
the State UST Clean up Fund and Water Enterprise Fund. Staff recommends bringing the
adjustment forward in conjunction with the year-end budget adjustment action. The following is
a breakdown of the project expenses, approved and revised budget.
As outlined in the Discussion section of this memo, it is proposed that the Water Enterprise Fund
be used to fund the proposed expenses identified above to complete the remediation. There are
adequate reserves in the Water Fund to cover these expenses.
ATTACHMENTS
1. Resolution
2. Exhibit A - Amendment No. 2 to Professional Services Agreement
3. Exhibit B - Original Professional Services Agreement
4. Location Map
11
Approved
C1P el 6082012
Actuals
Budget
Revised
Budget
Payran UST Clean -Up
Proiect
Thru
I
Total Project
FY
18/19
FY 19/20
FY
19/20
FY 20/21
Estimate i
Project Expenses
Planning/Environmental
$
437,000
$
160,000
$
50,000
$
647,000
Design
$
405,000
$ 74,000
S
405,000
Legal Services
$
0
S
0
Administration
$
10,000
S
10,000
Construction Contracts
$
400,000
$
400,000
Construction/Project
Management
$
21,000
$ 15,000
$
15,000
$
10,000
S
41,000
Proiect Contineencv
$
0.00
$ 10,000
$
10,000
$
10,000
$
10,000
TOTAL
$1,273,000
$ 99,000
$
185,000
$
70,000
$1,528,000
Funding Sources
State UST Cleanup
Fund
$
727,000
$
29,600
$
756,600
Successor Agency -
PDCC
$
50,000
$
50,000
General Fund
$
173,000
S
173,000
Water Enterprise Fund
$
365,000
$ 133,000
$
155,400
$
28,000
$
548,400
TOTAL
$1,315,000
$ 133,000
$
185,000
$
28,000
$1,528,000
As outlined in the Discussion section of this memo, it is proposed that the Water Enterprise Fund
be used to fund the proposed expenses identified above to complete the remediation. There are
adequate reserves in the Water Fund to cover these expenses.
ATTACHMENTS
1. Resolution
2. Exhibit A - Amendment No. 2 to Professional Services Agreement
3. Exhibit B - Original Professional Services Agreement
4. Location Map
11
Attachment 1
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT
AND APPROVING A REVISED BUDGET FOR THE PAYRAN UNDERGROUND
_3K67MIT" aI OML-14YYa901u1of17Ir11[17►i9.TOIpro]
WHEREAS, the site of a former fire station located at 301 Payran Street has had
extensive subsurface investigations and remediation work to address apparent contamination
resulting from an underground storage tank (UST) since approximately 1988. Groundwater
sampling and analysis has confirmed that both onsite and offsite groundwater is impacted with
petroleum hydrocarbons that have apparently emanated from the former UST; and
WHEREAS, the City of Petaluma has an obligation to the State Water Resources
Control Board to continue remediation at the 301 Payran Street site until approved for closure by
the Sonoma County Department of Health Services; and
WHEREAS, this project requires the services of a quality professional firm familiar with
the project and experienced in underground storage tank remediation; and
WHEREAS, Edd Clark & Associates responded to the City's Request for Proposals and
was awarded a Professional Services Agreement in July 2016 under Resolution 2016-128 N.C.S.
in the amount of $506,152.80; and
WHEREAS, Edd Clark & Associates has been operating the remediation equipment for
approximately twenty-three (23) months and is approaching the contract's budgetary limits; and
WHEREAS, the City of Petaluma is required to continue remediation of the site until
contamination levels are low enough for the site to be closed; and
WHEREAS, the site has not achieved contamination removal and may require up to six
(6) additional months of treatment to achieve contamination levels for closure; and
WHEREAS, the City has amended the project scope and budget to include an additional
6 -months of remediation operations, preparation of required reporting, and site closure measures
including well demolition and removal not included in the original project scope; and
WHEREAS, it is recommended that the City execute an Amendment to a Professional
Services Agreement (PSA) with Edd Clark & Associates for groundwater remediation services in
order to continue remediation efforts for site closure and to satisfy state requirements; and
WHEREAS, the FY 19/20 CIP Budget is not sufficient to complete the project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Petaluma hereby:
Authorizes the City Manager to sign the attached Amendment to Professional
Services Agreement for specialized environmental services with Edd Clark &
Associates, Inc. (EC&A) of Rohnert Park for the 301 Payran UST Site Remediation
Project in the amount not to exceed $655,562.80.
2. Authorizes a revised budget for the Payran UST CIP Project number e16082012 as
summarized in the table contained in the "Financial Impacts" section of the
accompanying memorandum.
3
Attachment 2
Exhibit A to Resolution
AMENDMENT NO.2
TO PROFESSIONAL SERVICES AGREEMENT FOR
Remediation and Groundwater Monitoring Services for 301 Payran Street
THE AGREEMENT entered into and effective as of August 25, 2016, by and between the City
of Petaluma, a municipal corporation and a charter city (hereinafter referred to as "City") and
Edd Clark & Associates, Inc. (hereinafter referred to as "Consultant") is hereby amended as
follows:
(Please check applicable boxes and complete highlighted areas below):
[ ] SCOPE
The following sentence is added to the end of Section 1, "Services":
In addition to the services described in Exhibit A, Consultant shall provide the additional
services described in Exhibit A- (name of exhibit) attached hereto.
[X ] COST
The "Not -to -Exceed Amount" specified in Section 2.A is amended as follows:
Original Agreement Amount $506,152.80
Amendment No. (list amendment number) $149,409.00
Total Not -to -Exceed Amount $655,561.80
[] TERM
The term of this Agreement commences on the Effective Date, and terminates on
December 31, 2020, unless sooner terminated in accordance with Section 3. Upon
termination, any and all of the City's documents or materials provided to Consultant and
any and all of the documents or materials prepared for City or relating to the performance
of the Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
[ ] SECTION 18(D)
Consultant agrees to waive subrogation rights for commercial general liability, automobile
liability and worker's compensation against City regardless of the applicability of any
insurance proceeds, and to require all contractors, subcontractors or others involved in any
way with the Services to do likewise.
It shall be a requirement under this Agreement that any available insurance proceeds
broader than or in excess of the specified minimum insurance coverage requirement and/or
limits shall be available to the additional insured. Furthermore, the requirement for
coverage and limits shall be (1) the minimum coverage and limits specified in this
Agreement, or (2) the broader coverage and maximum limits of coverage of any insurance
policy or proceeds available to the named insured; whichever is greater.
Amendment to Professional Services Agreement (All PSA's)
Oct 2019
7
The limits of insurance required in this Agreement may be satisfied by a combination of
primary and umbrella or excess insurance.
Any umbrella or excess insurance shall contain or be endorsed to contain a provision that
such coverage shall also apply on a primary and non-contributory basis for the benefit of
the City of Petaluma before the City of Petaluma's own insurance or self-insurance shall be
called upon to protect it as a named insured.
IN WITNESS WHEREOF, the parties hereto have executed this document the day of
,20
CITY OF PETALUMA CONSULTANT
City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
By e� _
OSignature
3 v� �, G.,( , o is rt s / j -,-e, 6 r11 p4r,,
Name and Title �q
N.
Addres11s
o -e a ppw<,
City State Zip
Taxpayer I.D. Number
Petaluma Business Tax Certificate Number
2 Amendment to Professional Services Agreement (All PSA's)
Oct 2019
M
Attachment 3
Exhibit B to Resolution
PROFE SSIONAL SERVICES AGREEME NT
Reniediation and Groundwater Monii scrVices
for
301 pa vrall Street
('Title of' prqject)
FY 1(L)07
Fund 4_
C(ist Cel -Iter _
01)ject Code 30101)
Projed # —
Amount $506ji2ff)
For multi-ycar conjr,Qt,,
ov contracts with zntdtip
c aceLitiltig:
FY _
FUnd V
_ Cost Centel-
_ 01jecl Code
Projed 0
Aniount
FY —
FLmd V
_ Cost Center
01jecf Code
Proect 4
J
Aniount
FY
Fund
C rj.�j I Center
— Objeo Code
Pro-iccl #
Aimunt
FY
Fund
Cost Centel,
01jcct Code
P t'qjucl It
Amount
FY—
Fund
Utast Center
_ ObJeo ('(.)lie
Project #
Aolount
THIS PR
�FESSIONAL SERVICES AGREE MENT("Agrectilent") is entered into rand efi'ective
as of
I, , ! � "' 3 2 (, ("Efloctivc Date"), by and between the City of Petaluma. a
(city trY [nay}
J11U111Cip3l corporation and a chal-ter city ("City") and Edd Clark -,Associates. Inc., a California
for)o j (`,C.on, ratiosultant") (collectively, the "Parties'),
J ------ n
WHEREAS, tutu. Parties enter into this Agreement for the purpose of' Consultant providing
professional services to City under the terms and conditions set forth herein.
THEREFORE, in consideration of tile inutual covenants contained in this Agreement, the Parties
agree as follows:
Scitwices. Consultant shall provide the services as described in and in accordance with
[lie schedule Set forth in Exhibit "A" attached hereto and incorporated herein
("Services").
2. carneellsatio . Business Tax Cerfiflcate.
A. For the full performance of the ServIces as described herein, City shall
compensate Consultantin accoTdan-cc with the rates soccified in Exhibit ibit A,
13. Consultant shall submit detailed monthly invoices reflecting all services
performed during the preceding month, and including a revised schedule for
perforniance and additional documentation requested by City, as applicable.
C. Consultant shall be compensated -for services in addition to those described in
Exhibit A, only if Consultant and City execute a written aniendment to this
Agreement dcscribirig the additional services to be pertbrined and the
compensation to be paid for such services. 11, no case shall the total compensation
under this Agreement exceed $50 0.152.80 (Five Hundred 5'ix Thousand One
Hundred Fifly-two Dollars and EiLdity Cents
I without prior written authorization
of the City Manager. Further, no compensation for a section or work prograin
component attached with a specific budget sliall be exceeded without prior written
authorization of tile City Manager.
PROR-SNIONAL SERVICES AGRIEEMEN'r — PR UVAILING WAGES
(107730) Atigt1812(t I s 9
D. Notwithstanding any provision herein, Consultant shall not be paid any
compensation until such time as Consultant has on file with the City Finance
Department a current W-9 form available from the IRS website (www.irs.jzov)
and has obtained a currently valid Petaluma business tax certificate.
E. City's obligation to pay compensation to Consultant as provided herein is
contingent upon Consultant's performance of the Services pursuant to the terms
and conditions of this Agreement and any amendments thereto.
3. Term. The term of this Agreement commences on the Effective Date, and terminates on
June 30, 2019, unless sooner terminated in accordance with Section 4. Upon termination,
any and all of City's documents or materials provided to Consultant and any and all of
the documents or materials prepared for City or relating to the performance of the
Services, shall be delivered to the City as soon as possible, but not later than fourteen
(14) days after termination of the Agreement.
4. Termination. City may terminate this Agreement without cause upon ten (10) days'
written notice. City may immediately terminate or suspend this Agreement for cause.
Cause for immediate termination or suspension shall include, but not be limited to, any
breach of this Agreement by Consultant or Consultant's bankruptcy or insolvency. Upon
receipt of notice of termination or suspension for cause, Consultant shall immediately
stop all work in progress under this Agreement. In the event of early termination of this
Agreement by City, Consultant shall be entitled to payment for all Services performed to
the date of termination to the extent such Services were performed to the satisfaction of
City in accordance with the terms and conditions of this Agreement. If City terminates
this Agreement for cause, Consultant shall be liable to City for any excess cost City
incurs for completion of the Services.
5. Consultant's Representation, Independent Contractor. Consultant represents that
Consultant possesses distinct professional skills in performing the Services. City has
relied upon said representation as a material inducement to enter into this Agreement.
Consultant shall, therefore, provide properly skilled professional and technical personnel
to perform all Services under this Agreement. It is expressly understood that Consultant
and its agents and employees, shall act in an independent capacity and as an independent
contractor and not as officers, employees or agents of City. This Agreement shall not be
construed as an agreement for employment.
6. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all
facilities and equipment that may be required for furnishing Services pursuant to this
Agreement. City shall furnish to Consultant no facilities or equipment, unless the City
otherwise agrees in writing to provide the same.
7. Licenses, Permits, Etc. Consultant shall, at Consultant's sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits or other such
approvals which are legally required for performing the Services.
2
PROFESSIONAL SERVICES AGREEMENT — PREVAILING WAGES
(1037730) August 2015 10
8. Time. Consultant shall devote such time to the performance of the Services as may be
reasonably necessary for satisfactory performance of Consultant's obligations pursuant to
this Agreement.
9. Inspection. Consultant shall provide the City every reasonable opportunity to ascertain
that the Services are being performed in accordance with the requirements and intentions
Of this Agreement. All work done and materials furnished, if any, shall be subject to
inspection and approval by the City. The inspection of such work shall not relieve
Consultant of any of its obligations pursuant to this Agreement.
10. Progress Reports. Upon the City's request, Consultant shall provide, in a form
acceptable to City, written progress reports of all oral and written observations, opinions,
recommendations, analyses, progress and conclusions related to Consultant's
performance of the Services.
11. Confidentiality. In the course of Consultant's employment, Consultant may have access
to trade secrets and confidential information, disclosure of which is protected or limited
by law. Consultant shall not directly or indirectly disclose or use any such confidential
information, except as required for the performance of the Services.
12. Conflict of Interest. Consultant represents that it presently has no interest, and
covenants that it shall not acquire any interest, direct or indirect, financial or otherwise,
which would conflict in any manner or degree with the performance of the Services
hereunder. Consultant further covenants that, in the performance of this Agreement, it
shall not employ any subcontractor or person having such a conflict of interest.
Consultant represents that no one who has or will have any financial interest under the
Agreement is an officer or employee of City. If such conflict of interest arises during this
Agreement or any extension, Consultant will immediately advise City and City may, at
its sole discretion, immediately terminate this Agreement. Certain Consultants are
subject to the requirements, including the disclosure and reporting requirements, of the
City's Conflict of Interest Code adopted pursuant to the Political Reform Act. Such
Consultants subject to the City's Conflict of Interest Code include those whose work may
involve: making government decisions regarding approval or adoption of rates, rules, or
regulations, action on permits or other applications, authorization to enter into or modify
contracts, or approval of plans, designs, reports, or studies. Consultant agrees to comply
fully with all such requirements to the extent they apply to Consultant's performance of
the Services.
13. Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
14. Standard of Performance. Consultant shall perform all the Services in a manner
consistent with the standards of Consultant's profession. All instruments of service of
whatsoever nature, which Consultant delivers to City pursuant to this Agreement, shall be
prepared in a substantial, workmanlike manner and conform to the standards of
3
PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES
(1037730) August 2415
Consultant's profession. All such instruments of service shall become the sole and
exclusive property of City upon delivery of the same.
15. Assignment/Transfer. No assignment or transfer in whole or in part of this Agreement
shall be made without the prior written consent of City.
16, Subcontractors. Consultant shall directly perform all Services, and shall not subcontract
any portion of performance of the Services without the prior written consent of City.
Any such subcontractors shall be required to comply, to the full extent applicable, with
the terms and conditions of this Agreement, including but not limited to, procuring and
maintaining insurance coverage as required herein and which shall name City as an
additional insured.
17. Compliance With All Laws. Consultant shall fully comply with all applicable local,
state and federal rules, laws, regulations and ordinances pertaining to the performance of
the Services required hereunder, including but not limited to, the California Building
Standards Code as in effect in the City, the Americans with Disabilities Act, and any laws
and regulations related to any copyright, patent, trademark or other intellectual property
right involved in performance of the Services. Consultant's failure to comply with any
law(s) or regulation(s) applicable to the performance of the Services hereunder shall
constitute a material breach of this Agreement. To the extent that any other government
agency or entity provides compensation for any Services, Consultant shall comply with
all rules and regulations applicable to such fiscal assistance.
18. Prevailing Wages. This Agreement is subject to the requirements of the California
Prevailing Wage Law, California Labor Code Section 1720 et seq., and the Services as
described in Exhibit A will be performed in accordance with all applicable requirements
of the California Prevailing Wage Law, including, but not limited to, all applicable
requirements contained in Exhibit C, which is attached to and made a part of this
Agreement.
19. Living Wage Ordinance. Without limiting the foregoing Section 17, Consultant shall
comply fully with all applicable requirements of Petaluma Municipal Code, Chapter 8.36,
Living Wage (the "Living Wage Ordinance"), as the same may be amended from time to
time. Upon the City's request Consultant shall promptly provide to the City documents
and information verifying Consultant's compliance with the requirements of the Living
Wage Ordinance, and shall within fifteen (15) calendar days of the Effective Date of this
Agreement, notify each of its affected employees as to the amount of wages and time off
that are required to be provided to them pursuant to the Living Wage Ordinance. The
Acknowledgement and Certification Pursuant to City of Petaluma Living Wage
Ordinance, attached to this Agreement at Exhibit D, shall be a part of this Agreement for
all purposes, and Consultants that are subject to Living Wage Ordinance requirements, as
determined by the City, must provide a properly completed Exhibit D in accordance with
the requirements of the Living Wage Ordinance. Consultant's noncompliance with the
applicable requirements of the Living Wage Ordinance shall constitute cause for City's
termination of this Agreement pursuant to Section 4 hereof
4
PROFESSIONAL SERVICES AGREEMENT— PREVAILING WAGES 12
(1037730) August 2015
20. Discrimination. During the performance of this Agreement, Consultant shall not
discriminate against any employee or applicant for employment because of race, religion,
creed, color, national origin, ancestry, gender, sexual orientation, age or physical or
mental disability in violation of any applicable law.
21. Notice. Except as otherwise specified in this Agreement, all notices to be sent pursuant
to this Agreement shall be made in writing, and sent to the Parties at their respective
addresses specified below or to such other address as a Party may designate by written
notice delivered to the other Party in accordance with this Section. All such notices shall
be sent by:
(i) personal delivery, in which case notice is effective upon delivery;
(ii) certified or registered mail, return receipt requested, in which case notice shall be
deemed delivered on receipt if delivery is confirmed by a return receipt;
(iii) nationally recognized overnight courier, with charges prepaid or charged to the
sender's account, in which case notice is effective on delivery if delivery is
confirmed by the delivery service; or
(iv) facsimile transmission, in which case notice shall be deemed delivered upon
transmittal, provided that (a) a duplicate copy of the notice is promptly delivered
by first-class or certified mail or by overnight delivery, or (b) a transmission
report is generated reflecting the accurate transmission thereof. Any notice given
by facsimile shall be considered to have been received on the next business day if
it is received after 5:00 p.m. recipient's time or on a nonbusiness day.
City: City Clerk
City of Petaluma
Post Office Box 61
Petaluma, California 94953
Phone: (707) 778-4360
Fax: (707) 778-4554
Email: cityclerk@ci.petaluma.ca.us
And:
Dan St. John. Director
Department of Public Works & Utilities
202 North McDowell Boulevard
Petaluma, CA 94954
Phone: (707) 778-4546
Fax: (707) 778-4508
Email: dstiohn(t_),ci.-oetaluma.ca.us
Consultant: John Calomiris
Edd Clark & Associates, Inc.
P.O. Box 3039
Rohnert Park, CA. 94927-3039
Phone: 707-792-9500
PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES 13
(1037730) August 2015
Fax: 707-792-9504
Email: info( a �eddclarkandassociates.com
22. Ownership of Documents. All original papers, documents or computer material on disk
or microfilm, and copies thereof, produced as a result of this Agreement, shall be the
property of City and may not be used by Consultant without the written consent of City.
Copies of such documents or papers shall not be disclosed to others without the written
consent of the City Manager or his or her designated representative.
23. Indemnification. To the maximum extent permitted by law, Consultant shall, at its own
expense, indemnify, defend with counsel acceptable to the City, (which acceptance will
not be unreasonably withheld), and hold harmless City and its officers, officials,
employees, agents and volunteers ("Indemnitees") from and against any and all alleged
liability, loss, damage, claims, suits, actions, arbitration proceedings, administrative
proceedings, regulatory proceedings, civil penalties and fines, expenses and costs
(including, without limitation, claims expenses, attorney's fees and costs and fees of
litigation) (collectively, "Liability") of every nature, whether actual, alleged or
threatened, arising out of or in connection with the Services or Consultant's failure to
comply with any of the terms of this Agreement, regardless of any fault or alleged fault
of the Indemnitees.
The Consultant's obligation to indemnify, defend and hold harmless under this provision
shall not be excused because of the Consultant's inability to evaluate Liability, or because
the Consultant evaluates Liability and determines that the Consultant is not or may not be
liable. The Consultant must respond within 30 calendar days to any tender for defense
and indemnity by the City, unless the time for responding has been extended by an
authorized representative of the City in writing. If the Consultant fails to accept tender of
defense and indemnity within 30 calendar days, in addition to any other remedies
authorized by law, so much of the money due or that may become due the Consultant
under this Agreement as shall reasonably be considered necessary by the City, may be
retained by the City until disposition has been made of the matter subject to tender, or
until the Consultant accepts the tender, whichever occurs first. In the event that the City
must file responsive documents in a matter tendered to Consultant prior to Consultant's
acceptance of tender, Consultant agrees to fully reimburse all costs, including but not
limited to attorney's fees and costs and fees of litigation, incurred by the City in filing
such responsive documents.
The Consultant waives any and all rights to express or implied indemnity against the
Indemnitees concerning any Liability of the Consultant arising out of or in connection
with the Services or Consultant's failure to comply with any of the terms of this
Agreement. The Consultant's responsibility of such defense and indemnity obligations
shall survive the termination or completion of this Agreement for the full period of time
allowed by law. The defense and indemnification obligations of this Agreement are
undertaken to, and shall not in any way be limited by, the insurance obligations contained
in this Agreement.
0
PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES
(1037730) August 2015 14
Notwithstanding the foregoing, to the extent this Agreement is a "construction contract"
as defined by California Civil Code Section 2783, as may be amended from time to time,
Consultant's duty to indemnify under this provision shall not apply when to do so would
be prohibited by California Civil Code Section 2782, as may be amended from time to
time.
Notwithstanding the foregoing, to the extent that the Services include design professional
services subject to California Civil Code Section 2782.8, as may be amended from time
to time, Consultant's duty to indemnify shall only be to the maximum extent permitted by
California Civil Code Section 2782.8.
24. Insurance. Consultant shall comply with the "Insurance Requirements for Consultants"
in Exhibit B-2, attached hereto and incorporated herein by reference. [Indicate attached
exhibit, e.g., "B-1, " "B-2, " "B-3, " or "B-4. "]
25. Amendment. This Agreement may be amended only by a written instrument executed
by both Parties.
26. Litigation. If litigation ensues which pertains to the subject matter of Consultant's
services hereunder, Consultant, upon request from City, agrees to testify therein at a
reasonable and customary fee.
27. Construction. This Agreement is the product of negotiation and compromise on the part
of both Parties and that the Parties agree that, notwithstanding Civil Code section 1654,
any uncertainty in the Agreement shall not be construed against the drafter of the
Agreement.
28. GoverninLy Law, Venue. This Agreement shall be enforced and interpreted under the
laws of the State of California and the City of Petaluma. Any action arising from or
brought in connection with this Agreement shall be venued in a court of competent
jurisdiction in the County of Sonoma, State of California.
29. Non -Waiver. The City's failure to enforce any provision of this Agreement or the
waiver thereof in a particular instance shall not be construed as a general waiver of any
part of such provision. The provision shall remain in full force and effect.
30. Severabilitv. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
31. No Third Partv Beneficiaries. The Parties do not intend to create, and nothing in this
Agreement shall be construed to create any benefit or right in any third party.
32. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising
out of this Agreement through mediation prior to commencing litigation. The Parties
shall mutually agree upon the mediator and shall divide the costs of mediation equally.
7
PROFESSIONAL SERVICES AGREEMENT—PREVAILING WAGES 15
(1037730) August 2015
31 COUIS111611CS B0010 and Records.
(
A. Consultant shall maintain my and all ledgers, books of accounts, invojr
vouchers, canceled checks, and other records or documents evidencing or relating
to charges for services, or expenditures and disbursements charged to the City for
a Inuinnum period of three (3) year: or for any longer period required by law,
from tire- date of final payment to Consultant pursuant to this Agreement.
K Consultant shall maintain all documents and records which demonstrate
pci-f6rmance under this Agreement for a minimum period of three (3) years or for
any longer period required by law, from the date of termination or completion of
this Agreement.
Any records or documents required to be maintained pursuant to this Agreement
shall be made available for inspection or audit, at an), time during regular business
hours, upon written request by the City Manager, City Attorney, City Finance
Dirmtor, or as designated representative of these officers. Copies of �
.;uch
documents shall be provided to the City for inspection at Petalurra City Hall
when it is practical to do so- Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at Consultant's address indicated for receipt
of notices in this Agreement.
1), Where City has reason to believe thatsuch records or docuinents may be lost or
discarded due to dissolution, disbandment or termination of' Consu'Itant's
business, City may, by written rcqucst by any of the above -earned officers'
require that custody of the records be given to the City and that the records and
documents be maintained in Petaluma City Hall. Access to such records and
documents shall be granted to any party aUtborized by Consultant, Consultant's
representatives, or Consultant's successor in interest,
34j1j1KAAjW. The headings, used in this Agreement are for convenience only and are not
intended to affect the interpretation or construction of any provisions herein.
35. Survival. All obligations arising prior to the termination or expiration of this Agreement
and all provisions of this Agreement allocating liability between City and Consultant
shall survive the termination or expiration of this Agreement.
36. Elifire A
. 9 L Ee Meast. This Agreement, including the exhibits attached hereto and
incorporated herein, constitutes the entire agreement between the Parties witil 1-cspect to
the Services, and supersedes all prior agreements or understandings, oral or written,
between the Parties in this regard,
IN WITN17-SS WHEREOF, the parties hereto have executed this document the day, month and
year first above written.
CITY OF PETALUMA CONSU1,TANT
By
Cit --4 "" -) , " —
,y Man�iger NanW
AP
PROFEWONALSERVICPS AOREEMENT— PRFVAjj,jN(j wN,r%GpS
i 1011710) August 1015 16
ATTEST:
6ty Clerk
APPROVED AS TO FORM:
elf
City Attomey A,
APPR07,D:,
"T
Department Direc;tcsr
Risk Manager
A Pt� (A V
c Dire I otor
Title
Address
City state Zip
I 'aXpayer LD. Number
Petaluma Business Tax Certificate Number
file mlmc5:1t,IPlI'siajccis4Pta�a asUSTE 16082012 1 -da l903WDcsip%l40 Consullatil Ag7ctmunt%140,04 201(1
PSA.docx
9
PROFESSIONAL SERVI(TS AGRI,'I'MENT— PREVAILING WAGF.s'
(1037730) Aupusl 2015 17
EXHIBIT A
UNDERGROUND STORAGE TANK SITE REMEDIATION
FOR
301 PAYRAN STREET
SCOPE OF WORK
This proposed scope of work is to address residual source areas contributing to soil and
groundwater impacts at 301 Payran Street, select the most cost-effective remedial technology for
site mitigation, and implement the selected remedial alternative in as expeditious a fashion as
feasible to obtain site closure in the shortest timeframe.
The proposed scope of work includes preparing a Feasibility Study/Corrective Action Plan
(FS/CAP); the feasibility study will include the three remedial technologies listed below:
1. Dual-phase extraction (multiphase)
2. In-situ oxidation using ozone/hydrogen peroxide
3. Soil over -excavation to remove soil in source areas
The FS/CAP will include recommendations to conduct exploratory soil test trenches in areas
identified where substantial residual soil contamination likely remains. Highly impacted soil
serves as source material to groundwater and its removal should significantly shorten the
timeframe to clean up groundwater. Soil analytical data and site observations will be used to
assess the necessity for additional over -excavation at the time of the excavation of the
exploratory soil trenches. As part of the FS/CAP, the Consultant may recommend the removal
of fuel hydrocarbon -impacted soils (if present).
The FS/CAP will also select the most cost efficient and technologically effective remediation
technology to remediate FHC-impacted soil and groundwater to levels acceptable for site closure
under the State Water Resource Control Board's Low Threat Closure Policy (LTCP). Based on
available soil and groundwater analytical data, previous site remediation conducted at the site,
and discussions with County of Sonoma Department of Health Services (CSDHS), it is likely
that a dedicated Dual Phase Extraction (DPE) system will be selected as the most cost efficient
and technologically effective remediation technology.
Based on the CSDHS review and approval of the FS/CAP, the Consultant will implement and
operate the approved remediation system for up to 24 months. During the operation of the
system, the Consultant will review groundwater and influent stream analytical data, to determine
the shortest time frame the system should operate to obtain site closure. When the site appears to
meet LTCP criteria, the system will be turned off and up to one year of verification groundwater
monitoring will be conducted to assess whether FHCs rebound in groundwater and if free
product remains.
Page I of 10
IN
An estimated timeline is shown in the table below.
Project Timeline
Task Item £ampletaona A`ats
FS/CAP s
ubmittal to CSDHS September 1, 2016
FS/CAP approval
Implement CAP
Implement soil test trenches
Results of soil test trenches (CAP
addendum) to Client/CSDHS
Submit remedial action plan/system
design
Project coordination system
permitting BAAQMD acquisition
Install remedial system
Remedial system operation
Groundwater monitoring
COMPENSATION
September 30, 2016
October 2016
October November 2016
November 2016
December 2016
December 2016
January -February 2017
February 2017 - February 2019
February 2017 - February 2020
Compensation shall be based on actual time and materials expended to complete each of the
project tasks. The detailed tasks have been included at the end of this Exhibit A.
The Consultant will not proceed beyond Task 1 Feasibility Study/Corrective Action Plan
(FS/CAP) without prior written approval from the City. In addition, the total compensation for
any one task shall not exceed the total amount indicated for that task without prior written
approval from the City.
Note: Estimated task and costs for active remediation are based on the approval of a dual phase
extraction system and may change with the review and approval of the FS/CAP.
PROJECT TEAM ORGANIZATION
The professional staff for this project was selected based on their particular expertise and
experience with the type of work proposed. Each individual has been allotted a specific budget
for their task(s) in the project.
Mr. John Calomiris, Technical Operations Manager/Associate, (25 years professional
experience) will manage the project and be responsible for maintaining communications with the
City of Petaluma to verify that project activities are proceeding as planned, and that any potential
problems are addressed in a timely manner. Additionally, Mr. Calomiris' responsibilities include
keeping the project on schedule and within the budget. Finally, he will review and edit the
various work plans, fee estimates and reports.
EXHIBIT A
Page 2 of 10
19
Mr. Richard Ely, Senior Professional Geologist, (30+ years professional experience) will
perform the final technical review and edit of work plans, corrective and remedial action plans,
and other project reports. He will be responsible for evaluation of soil and groundwater
conditions at the site, delineating locations requiring remediation and/or additional investigation,
and directing the preparation of a plan for acquiring the data needed to proceed directly toward
site closure. Mr. Ely will establish how to best proceed with the investigative aspects of the
project and working with Mr. Wingard design a remediation system for the site.
Mr. Brian Wingard, Project Geologist and Remediation Specialist (17 years professional
experience) will work with Mr. Ely on the evaluation of site conditions, preparation of the
FS/CAP, and later the RAP. Additionally, Mr. Wingard's primary responsibility will be for
design, construction, installation, operation and maintenance of the remediation system.
Mr. Kevin Coker, Project Scientist (18 years professional experience) will oversee field, site
soil investigations, collect samples for analyses, map trench/excavation locations, and profile
soils for disposal. Additionally, Mr. Coker prepares our fee estimates.
Mr. Derrick Crayford, Field Technicians, (8 years professional experience) will perform
groundwater monitoring events, participate in construction of the remediation system, and
maintain its operation.
The table below presents a general project contact list.
ly'rauel
-77
John Calomiris Project
Managed
Associate
Project Contact Last
707 484-7241 iohncCo)cddclarkandassociates.com
Richard Ely
Senior
707792-9500
richarde(i,eddelarkandassociates.com
Professional
Geologist
Brian Wingard
Project
707 292-7658
brianwCa),eddelarkandassociates.com
Geologist
Remediation
Specialist
Kevin Coker
Project
707 326-9915
keviiic(i4eddclarkaiidassociates.com
Scientist
Derrick Crajford
O&MField
707 888-8055
derrickc(ia eddelarkandassociates.com
Technician
EXHIBIT A
Page 3 of 10
20
FS/CAP, Remediation, Groundwater Monitoring and Contingency Costs
301 Payran Street, Petaluma, CA
Task 01: Preparation of Feasibility Study/Corrective Action Plan
8 @
$155.00
thr.
$1,240.00
Project Manager
2 @
$155.00
/hr.
$310.00
Professional Geologist
4 @
$165.00
/hr.
$660.00
Project Engineer/Geologist
14 @
$139.00
/hr.
$1,946.00
Project Geologist
22 @
$119.00
/lm•.
$2,618.00
Clerical
8 ( @
$60.00
/hr.
$480.00
Total Task 01 ( $6,014.00
Task 02: Project Management, Permitting and Pre -field Activities
Project management through excavation of two exploratory trenches/test pits, the installation and up to 24 -months of operation of a high
vacuum dual phase extraction (DPE) system, and up to three years of groundwater monitoring and reporting. Pre -field activities
includes acquisition of an air permit from the Bay Area Air Quality Management District (BAAQMD), coordination with the City of
Petaluma for the proposed excavation, discharging extracted groundwater, and public notice preparation and distribution for the air
district as part of their permit requirements.
Project Manager 92 @ $155.00 /hr. $14,260.00
Project Engineer/Geologist 36 @ $139.00 /hr. $5,004.00
Project Geologist 36 @ $119.00 /hr. $4,284.00
BAAQMD air permit fees ($5200/year; assumes 2 yrs) ($5200/year) $10,400.00
Clerical 110 I @ $60.00 /hr. $6,600.00
Total Task 02 1 $40,548.00
Task 03: Preparation of Remedial Action Plan/System Engineering Design
Project Manager
8 @
$155.00
thr.
$1,240.00
Professional Geologist
I 8 @
$165.00
/hr.
$1,320.00
Project Engineer/Geologist
24 @
$139.00
/hr.
$3,336.00
Project Geologist
14 @
$119.00
/hr.
$1,666.00
Clerical
8 I @
$60.00
/hr.
$480.00
Total Task 03
$8,042.00
EXHIBIT A
Page 4 of 10
21
Task 04a: Soil Excavation (Subcontractor) and Sample Collection (EC&A)
Includes overseeing the excavation of two test pit/trenches, one in the vicinity of the former UST and extending towards the location of
DPE-1 (Area A), and one in the general vicinity of DPE-2 and DPE-5 (Area B). The trenches are proposed to be approximately 25 ft
long, 6 -ft wide and 10 ft deep. Based on the proposed excavation areas, approximately 115 tons of soils are proposed for excavation.
Costs for soil disposal are presented in Task 4C as unit costs and based on available information at the time of preparation of this
Estimate. Additional costs which may be incurred as a result of additional excavation will be billed at the rates listed below. Costs
presented below assume soil is loaded and transported to Potrero Hills, a Class 11 Landfill in Suisun City, CA. If groundwater is
encountered (which is not expected based on the maximum anticipated depth of 10 ft bgs) in the excavation trenches, it will have to be
pumped into a storage tank, sampled, and transported to an offsite disposal facility. if groundwater is not encountered in sufficient
quantities, the costs detailed below will not be incurred.
Soil Excavation I
Soil Excavation (Subcontractor)
Professional Geologist
(lump sum; — $22,000)
2 @ 165
$/hr.
$22,000.00
$330.00
Project Geologist I 12 @ 119 I $/1... I $1,428.00
Photoionization Detector (PID) I 1 @ 132 1 $/day 1 $132.00
Soil Sample Tubes I 14 I @ 8 I $/each I $112.00
Misc. Field Supplies i 1 I @ 33 I $/day I $33.00
I
Groundwater Management
If groundwater is encountered in sufficient quantities, which is not expected, it would have to be pumped fi•om the excavation into an
onsite fisc tank, sampled and disposed at a permitted offsite disposal facility. Costs outlined below assume 10,000 -gallons of
groundwater. Actual costs incurred would be based on volume of groundwater encountered at $0.38/gallon, $125/hr for transportation
and additional associated contractor costs up to approximately $1300/project.
Project Geologist
Water Tank Rental (21,000 -gallon tank)
Water Tank Delivery and Pick-up (— 5 hrs)
Water pump, hose & labor
Disposable Bailers
Groundwater Samples (from excavation & water tank; 24 -hr TAT)
TPHg 1 0
BTEX, MTBE & Naphthalene I 0 1 @ I
EDF Report I 0 I nn.
Total Task 04a
Task 04b: Confirmation Soil Sampling and Stockpile Sample Anaiv ses (5 -day TAT)
TPI -Ig
11 @
BTEX, MTBE & Naphthalene 11 @
EDF Report I 1 @
Total Task 04b
EXHIBIT A
Page 5 of 10
119
$/hr.
$0.00
28
$/day
$0.00
115
$/hr.
$0.00
407
( $/job I
$0.00
11
I S/each (
I I
I I
$0.00
124.30 1 $/Sample 1
$0.00
242.00 I $/Sample I
$0.00
30.80 I $/Sample (
i
$0.00
I I
I I
$24,035.00
55.00 $/Sample j� $605.00
121.00 I $/Sample I $1,331.00
30.80 ( $/Sample I $30.80
i
$1,966.80
W
Task 04c: Landfill Profiling & Disposal
Project Geologist
4 1 @ 114 $/hour S476.40
Landfill Waste Accept. Fees ($20/ton) 115 @ 20.00 $/ton $2,300.00
Total Task 04c I $2,776.00
Total Task 04 1 $28,777.80
Task 05: DPE and Groundwater Treatment System Procurement I I
Coordination with venders on lease/purchase contract for DPE system included in Task 1, Project Management.
Vender (Mako Industries) I I I
20/25 horsepower soil vapor extraction (DPE) system (24 month lease
$68400.00 + 5% mark-up
$71,820.00
at $2850 monthly)
Perform system installation and construction activities, including (but
not limited to) installing minimum 3 -inch Sch-80 PVC
Thermal/catalytic oxidizer use fee
$1750 + 5% mark-up I
$1,850.00
Thermal/catalytic oxidizer installation fee
$750 + 5% mark-up
$788.00
Liquid phase carbon vessels (2-1000-1b vessels)
$10800 + 5% in
S11,340.00
Wireless telemetry/dedicated phone line installation
$0 + 5% markup (
$0.00
Freight delivery of DPE system and taxes
I @ $2,000.00 /each
$2,000.00
Forklift rental for DPE skid
I @ $225.00 /day
$225.00
Total Task 05 I $88,023.00
Task 06: Sy=stem Construction/Trenching/Piping Connection
Perform system installation and construction activities, including (but
not limited to) installing minimum 3 -inch Sch-80 PVC
conveyance piping, 1 1/4 -inch flex tubing connection to extraction wells and well head
assembly. Electrical connection provided by
subcontractor (100 amp/3-phase). Above ground piping will be used
where appropriate
to reduce underground excavation costs.
Details
of extraction line trench(s) and above ground segments will be included in the Remedial
Action/System Design phase.
System Installation Labor
I
Project Engineer/Geologist
' 16
1 @
$139.00 /hr.
$2,224.00
Senior Field Engineer
40
@
$92.00 /hr.
$3,680.00
Field Construction Tech
60 @
$79.00 /hr.
$4,740.00
System Installation Materials/Equipment
1 1/4 PEF flexible extraction tubing
1000 @
$4.04 /foot
$4,040.00
3 -inch Sch-80 PVC conveyance piping
400 I @
S3.57 /foot
$1,428.00
Sch-80 PVC fittings/suction connectors/glue, etc.
(lump sum)
$800.00
Dwyer vacuum gauges
6
@ I
$94.00 I /gauge
$564.00
Backfill Material (if suitable will re -use existing backfill)
(lump sum)
$1,200.00
Asphalt cutter
2 @
$300.00 /day
$600.00
Trenching (digger rental)
2 @
$250.00 /day
$500.00
Compaction (handheld vibra compactor)
2 @
$125.00 /day
5250.00
Electrical installation/connection (subcontractor)
(lump sum)
$6,200.00
EXHIBIT A
Page 6 of 10
23
PG&E electrical drop/connection to sub -panel
(
(
(lump Sulu)
Professional Geologist
$1,200.00
System compound/Security Fence
include electrical service and propane usage for oxidizer vapor abatement.
O&M visits will include collecting system performance
(lump sum)
$1,600.00
Total Task 06
Project Geologist
24 I @
Project Manager
$29,026.00
Task 07: DPE System Startup Procedures
/hr.
$6,200.00
Project Engineer/Geologist (
120 @
$139.00
System startup procedures with contractor/vender personnel.
Includes all tasks associated
with DPE system startup but not limited to),
testing the system, electrical inspection and system performance evaluation and setting up the telemetry network if installed.
$79.00
Project Manager
2
@
$155.00 /hr.
$310.00
Project Engineer/Geologist
12
@
$139.00 /hr.
$1,668.00
Field Construction Tech
16
@
$79.00 /br.
$1,264.00
Startup assistance (vender/subcontractor)
$24,000.00
Propane (liquid gas), based on 1.5 gallons per/minute
(lump sum)
$800
Misc. Field Supplies
2
@
$33.00 1 /day
$66.00
DO/ORP Meter
2
@
$45.00 /day
$90.00
Tedlar bags (vapor samples)
6
@
$16.50 /sample
$99.00
TPHg/BTEX (8015/8010)
4
@
$110.00 /sample
$440.00
Total Task 07 1 $4,737.00
Task 08: DPE System Operation and Maintenance (up to 24 -months)
2 @
$165.00 /hr.
$330.00
Professional Geologist
Following system startup, and BAAQMD air board emission requirements,
the system will be inspected weekly for operation. Costs
include electrical service and propane usage for oxidizer vapor abatement.
O&M visits will include collecting system performance
18 I @
readings, vapor samples from the extraction wells, system manifold and vapor abatement
stack.
Project Geologist
24 I @
Project Manager
40 @
$155.00
/hr.
$6,200.00
Project Engineer/Geologist (
120 @
$139.00
/hr.
$16,680.00
Field Engineer
420 @
$79.00
/hr.
$33,180.00
Misc. Field Supplies
60 @
$33.00
/day
$1,980.00
DO/ORP Meter
30 ( @
$53.00
/day
$1,590.00
Electrical Usage (Estimated based on system)
24 @
$1,000.00
/month
$24,000.00
Propane (liquid gas), based on 1.5 gallons per/minute
24 @
$2,000.00
/month
$48,000.00
Tediarbags
120 @
$16.50
/sample
$1,980.00
Vapor analysis (TPHg, BTEX 8015/8010)
60 @
$110.00
/sample
$6,600.00
Total Task 08 1 $140,210.00
Task 09: System Installation and Startup Report I I
Report will include the results of the pre-DPE groundwater monitoring event, DPE system installation activities and system startup
procedures and sampling.
Project Manager
2 @
$165.00 /hr.
$330.00
Professional Geologist
4 I @
$165.00 /hr.
$660.00
Project Engineer/Geologist
18 I @
$139.00 /hr.
$2,502.00
Project Geologist
24 I @
$119.00 Am
$2,856.00
EXHIBIT A
Page 7 of 10
24
Drafting ( 6 @ I $73.00 /hr. $438.00
Clerical 6 @ $60.00 /hr. $360.00
GeoTracker Submittal I 1 @' $79.00 /hr. $79.00
I I
Total Task 09 I I ( I $7,225.00
Task 10a: Groundwater Monitoring (Includes 6 Events) I I I
Costs below assume semi-annual groundwater monitoring as approved by the CSDHS in their September 14, 2014 regulatory letter to
consist of sampling of all 15 monitoring wells. However, due to the presence of free phase floating product and absorbent socks
installed, MW -5, MW -8, MW -13, DPE-2, DPE-5 and DPE-6 were not sampled during the most recent monitoring event in February
2016. Costs below assume sampling of all 15 wells; if the presence of fi•ee phase floating product and/or absorbent socks prevents the
sampling of these wells, the costs detailed below will be reduced. Also included in the cost estimate for groundwater monitoring are
costs for purge water disposal and absorbent socks replacement. The groundwater monitoring program and costs for groundwater
monitoring will likely change as remediation progresses.
Sample Collection(l)
Professional Geologist I 1 @ $165.00 /hr. $165.00
Environmental Technician I 20 @ $79.00 /hr. $1,580.00
Submersible Pump I 3 I@ I $45.00 I /day I $135.00
Oil -water Interface Probe 13 I@ I $33.00 I /day I $99.00
Field Parameters Meter (DO/ORP/IDS/EC/Temp/EC) I 3 I @ I $100.00 I /day I $300.00
Disposable Bailees I 15 I @ I $11.00 I /each I $165.00
55 -Gallon DOT Drum (reconditioned) I 4 I @ I $25.00 I /each
$100.00
Misc. Field Supplies ( 3 I @ ( $33.00 ( /day I $99.00
Groundwater Sample Analyses
TPHg/BTEX/MTBE by Method 8015/8021 I 15 I @ I $55.00 I /Sample I $825.00
EDF Report Format I l I@ I $30.80 I /Report I $31.00
I I I I I
(1): Note, that there are currently SoakEasc- absorbent socks installed in MW -5, MW -8, MW -13, DPE-2, DPE-5 and DPE-6. The
absorbent socks are replaced as necessary at the time of groundwater monitoring. Installed in MW -5, MW -8 and MW -13 are also steel
canisters in which the absorbent socks are installed. During the February 2016 groundwater monitoring event, the consultant ( West
Yost), recommended the installation of steel canisters in DPE-2, DPE-5 and DPE-6. If the CSDHS concurs with this recommendation,
additional costs for the steel canisters will be incurred at the unit rates listed above; absorbent socks will be replaced as determined
necessary at the time of groundwater sampling and additional costs incurred at the unit rates listed below.
SoakEaseT" Absorbent Socks (2 -inch)
( 0 @
$12.50 /each
$0.00
SoakEaseTM Absorbent Socks (4 -inch)
I 0 @
$13.50 /each
$0.00
SoakEaseT" Absorbent Sock Canister (2 -inch)
I 0 @
$178.00 /each
$0.00
SoakEaseT" Absorbent Sock Canister (4 -inch)
I 0 I @ I
$234.00 /each I
$0.00
Total Task 10a per Event
I I I
I I I
I I
I I
$3,499.00
Total Task 10a for 6 Events
I I (
( (
I I
$20,994.00
)
Task 10b: Groundwater Monitoring & Remediation System O&M Report Preparation
I I
I
Note that costs for reporting assume installation of a DPE remediation
system and will include remediation system operations &
management (O&M) will be included.
Project Manager
i 1 I@ I
$155.00 I /hr. i
$155.00
EXHIBIT A
Page 8 of 10
25
Professional Geologist
4
@
$165.00
/hr.
$660.00
Project Engineer/Geologist
4
@
$139.00
/hr.
$556.00
Project Geologist
14
@
$119.00
/hr.
$1,666.00
Drafting
5
@
$73.00
/hr.
$365.00
Clerical
6
@
$60.00
/hr.
$360.00
GeoTrackcr Submittal
1
@
$79.00
/hr.
$79.00
Total Task 10b per Event
1
@
$79.00
/hr.
$3,841.00
Total Task 10b for 6 Reports
$23,046.00
Total Task 10
`
$44,040.00
Task 11: Wash/Decon Water Drum Disposal (Assumes Semi -Annual Pick-up/Disposal)
Costs below assume generation of 4 55 -gallon drums of purge/decon water per semi-annual monitoring event for a total of 24 drums
over the course of three years. Note that if a DPE remediation system is installed at the site, purge/decon water can be treated
through the system and the costs detailed below will not be incurred.
EC&A Personnel (profiling, coordination)
6
(a7
99
$/hour
$594.00
Waste Decon/Purge Water (Empty, leave on site)
24
@
39
$/Drum
$936.00
Waste Decon/Purge Water (Remove Drum)
24
@
55
$/Drum
$1,320.00
Waste Decon/Purge Water (Transportation)
6
@
150
$/run
$900.00
* = assumes non -hazardous
4
@
$73.00
/hr.
$292.00
Total Task 11 (Drums emptied, left on site) $2,430.00
Total Task 11 (Remove drums) $2,814.00
Task 12: Remediation System O&M Report Preparation
Project Manager
1
@
$165.00
/br.
$165.00
Professional Geologist
2
@
$165.00
/hr.
$330.00
Project Engineer/Geologist
4
@
$139.00
/hr.
$556.00
Project Geologist
12
@
$119.00
/hr.
$1,428.00
Drafting
4
@
$73.00
/hr.
$292.00
Clerical
4
@
$60.00
N%
$240.00
GeoTracker Submittal
1
@
$79.00
/hr.
$79.00
Total Task 12 per Report
$3,090.00
Total Task 12 for 12 Reports
`
$37,080.00
I II
SUBTOTAL: REMEDIATION & GROUNDWATER MONITORING COSTS (3 -YEARS) ( $436,152.80
CONTINGENCY COSTS I
Contingency costs are for over -excavation, extraction well installation, and/or unforeseen conditions as site work progresses.
EXHIBIT A
Page 9 of 10
R
CONTINGENCY COSTS SUBTOTAL
TOTAL PROJECT COSTS
@ 1 $70,000.00
Edd dark & Associates, Inc.
Schedule of Charges 2016
$506,152.80
UC&A has designed this schedule of charges to be competitive with current market conditions~ and
fees demanded by competitor firms. The fees charged by EUA will be: 1) unit hourly rates for all
employees; 2) unit hourly or daily rates for all Geld and safety equipment; and 3) cost plus 5% for
subcontractors.
The Pecs charged by EC&A are as followx:
Principal P-ngineedGeologist
$ 163/hour
Project Manager
$155/hour
Senior E;T1neer/Geologist
$139/hour
Projcet/Associate Enginecr/Gcologist
$1 d91bour
Staff Engineer/Geologist
$991hour
Senior Technician
$921hour
EnvironmentaUfield Toelmician
$79kour
Dra rwn
$73/hour
Clerical
$60/hour
deepen WitnesVDepositions
$225/hour
Cather Charges,.
Purge Pump
S20/day (l day min)
Submersibic Pump
S59/day 0 day min)
Peristaltic Pump
$451day (I day min)
Band Augerld:quip.
S33/day 0 day min)
Gastech
S50/day (l day min)
PID
St32/day (1 day min)
Water -level Meter
333/day(1 daymin)
Conductivity Meter
S53./day (1 day min)
Oil/Water Meter
$53/day (l day rain)
DO Meter
S531day (l day min)
ORP Meter
$401 day (I day ruin)
Ozone Meter
5401day (I day min)
Turbidity Meter
526/day (1 day nun)
Disposable Bailors
S11/bailcr
Misc. Sampling liens
$331day
Replacement Well Lock $13/lock
Replacement Locking
Well Cap (2") S26/cap
Replacement locking
Well Cap (41 329/cap
Vehicle
S0.5751mi
Sample Tubes (brass)
S81tube
Sample Tubes (stainless)
$13/tube
FtteoroSamplers (5 gram)
SI 1.5Wdach
DOT 171 -155 -gallon Drums (new)
S53/drum
Drums (reconditioned)
$25/drtun
4" Pump
$125/day
Flow Meter
$30 day
Prints and Materials
Cost + $%
Subcontractors
Cost + 3%
Miscellaneous Expenses
Cort + 5%
GPS Survey $150.00 per
well + travel
1000 gad. Water -storage Tank
$17/day
The foes for other equipment netded to completaa project will be made available at the time ofproposal
preparation or contract negotiations.
EXHIBIT A
Page 10 of 10
27
INSURANCE REQUIREMENTS
EXHIBIT B-2
Consultant's performance of the Services under this Agreement shall not commence until
Consultant shall have obtained all insurance required under this paragraph and such insurance
shall have been approved by the City Attorney as to form and the Risk Manager as to carrier and
sufficiency. All requirements herein provided shall appear either in the body of the insurance
policies or as endorsements and shall specifically bind the insurance carrier.
Consultant shall procure and maintain for the duration of the contract all necessary insurance
against claims now and in the future for injuries to persons or damages to property which may
arise from or in connection with the performance of the Services by the Consultant, the
Consultant's agents, representatives, employees and subcontractors. Required professional
liability insurance shall be maintained at the level specified herein for the duration of this
Agreement and any extension thereof and for twelve additional months following the Agreement
termination or expiration.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
I Insurance Services Office Commercial General Liability coverage:
a. Personal injury;
b. Contractual liability.
2. Insurance Services Office form covering Automobile Liability, code I (any auto).
3. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability insurance.
5. Such other insurance coverages and limits as may be required by the City.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
I General Liability: $1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability Insurance or other form
with a general aggregate liability is used, either the general aggregate limit shall
apply separately to this Agreement or the general aggregate limit shall be twice
the required occurrence limit.
2. Automobile Liability: $ 1,000,000 per accident for bodily injury and property
damage.
3. Employer's Liability: Bodily Injury by Accident - $ 1,000,000 each accident.
Bodily Injury by Disease - $ 1,000,000 policy limit.
Bodily Injury by Disease - $ 1,000,000 each employee.
4. Professional Liability insurance: $ 1,000,000.
5. Such other insurance coverages and limits as may be required by the City.
C. Deductibles and Self -Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City.
At the option of the City, either: the insurer shall reduce or eliminate such deductibles or
Exhibit B2
Pagel of
INSURANCE REQUIREMENTS (City)
(609325) August 2015 28
self-insured retentions as respects the City, its officers, officials, employees, and
volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and
related investigations, claim administration and defense expenses.
D. Other Insurance Provisions
The required general liability and automobile policies are to contain, or be endorsed to
contain the following provisions:
I The City, its officers, officials, employees, agents and volunteers are to be
covered as Additional Insureds as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed operations
of the Consultant; premises owned, occupied or used by the Consultant; or
automobiles owned, leased, hired or borrowed by the Consultant. The coverage
shall contain no special limitations on the scope of protection afforded to the City,
its officers, officials, employees, agents or volunteers.
2. For any claims related to this project, the Consultant's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, agents
and volunteers. Any insurance or self-insurance maintained by the City, its
officers, officials, employees, agents or volunteers shall be excess of the
Consultant's insurance and shall not contribute with it.
3. Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to the City, its officers,
officials, employees, agents or volunteers.
4. The Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought except, with respect to the limits of the insurer's
liability.
5. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City.
6. Consultant agrees to waive subrogation rights against City regardless of the
applicability of any insurance proceeds, and to require all contractors,
subcontractors or others involved in any way with the Services to do likewise.
7. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage
requirement and/or limits shall be available to the additional insured.
Furthermore, the requirement for coverage and limits shall be (1) the minimum
coverage and limits specified in this Agreement, or (2) the broader coverage and
maximum limits of coverage of any insurance policy or proceeds available to the
named insured; whichever is greater.
S. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess
insurance shall contain or be endorsed to contain a provision that such coverage
shall also apply on a primary and non-contributory basis for the benefit of the City
of Petaluma before the City of Petaluma's own insurance or self-insurance shall
be called upon to protect it as a named insured.
Exhibit B2
Page 2 of 2
INSURANCE REQUIREMENTS (City)
(609325) August 2415 29
E. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
ANIL
F. Verification of Coverage
Consultant shall furnish the City with original endorsements effecting coverage required
by this clause. The endorsements are to be signed by a person authorized by that insurer
to bind coverage on its behalf. All endorsements are to be received and approved by the
City before the Services commence,
Exhibit B2
Page 3 of 2
INSURANCE REQUIREMENTS (City)
(609325) August 2015 30
PREVAILING WAGE EXHIBIT C
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in
performance of the Services shall constitute a legal day's work under this Agreement.
B. In accordance with California Labor Code Section 1811, the time of service of any
worker employed in performance of the Services is limited to eight hours during any one
calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815; which provides that work in excess of eight hours
during any one calendar day and forty hours during any one calendar week is permitted
upon compensation for all hours worked in excess of eight hours during any one calendar
day and forty hours during any one calendar week at not less than one -and -one-half times
the basic rate of pay.
C. The Consultant and its subconsultants shall forfeit as a penalty to the City $25 for each
worker employed in the performance of the Services for each calendar day during which
the worker is required or permitted to work more than eight (8) hours in any one calendar
day, or more than forty (40) hours in any one calendar week, in violation of the
provisions of California Labor Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the
general prevailing wages in the locality in which the Services are to be performed for
each craft or type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and Research, a copy of
which is on file with the City and shall be made available on request. The Consultant and
subconsultants engaged in the performance of the Services shall pay no less than these
rates to all persons engaged in performance of the Services.
B. In accordance with Labor Code Section 1775, the Consultant and any subconsultants
engaged in performance of the Services shall comply Labor Code Section 1775 which
establishes a penalty of up to $50 per day for each worker engaged in the performance of
the Services that the Consultant or any subconsultant pays less than the specified
prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or
neglect of the Consultant or subconsultant in failing to pay the correct rate of prevailing
wages, or the previous record of the Consultant or subconsultant in meeting applicable
prevailing wage obligations, or the willful failure by the Consultant or subconsultant to
pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing
to pay the correct rate of prevailing wages is not excusable if the Consultant or
subconsultant had knowledge of their obligations under the California Labor Code. The
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770)(Sept 2OO7) 31
Consultant or subconsultant shall pay the difference between the prevailing wage rates
and the amount paid to each worker for each calendar day or portion thereof for which
each worker was paid less than the prevailing wage rate. If a subconsultant worker
engaged in performance of the Services is not paid the general prevailing per them wages
by the subconsultant, the Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant fails to comply with all
of the following requirements:
1. The Agreement executed between the Consultant and the subconsultant for the
performance of part of the Services shall include a copy of the provisions of
California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of
per them wages by the subconsultant by periodic review of the subconsultant's
certified payroll records.
3. Upon becoming aware of a subconsultant's failure to pay the specified
prevailing rate of wages, the Consultant shall diligently take corrective
action to halt or rectify the failure, including, but not limited to, retaining
sufficient funds due the subconsultant for performance of the Services.
4. Prior to making final payment to the subconsultant, the Consultant shall obtain an
affidavit signed under penalty of perjury from the subconsultant that the
subconsultant has paid the specified general prevailing rate of per them wages
employees engaged in the performance of the Services and any amounts due
pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each
subconsultant engaged in performance of the Services, shall keep accurate payroll records
showing the name, address, social security number, work classification, straight time and
overtime hours worked each day and week, and the actual per them wages paid to each
journeyman, apprentice, worker, or other employee employed in performance of the
Services. Each payroll record shall contain or be verified by a written declaration that it
is made under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of Sections 1771, 1811, and
1815 for any Services performed by the employer's employees on the public
works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be
certified and shall be available for inspection by the Owner and its authorized
representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise
be available for inspection in accordance with California Labor Code Section 1776. In
addition, Consultant and sub -consultant shall be required to be registered with the
Department of Industrial Relations pursuant to Labor Code section 1725.5. Consultant
2
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 et seq.
(1037770) (Sept 2007) 32
and any sub -consultant shall submit certified payroll records to the Department of
Industrial Relations Labor Commissioner online:
htt-ps:Ha-pt)s.dir.ca.gov/ecl)r/DAS/AltLogin. Consultant is responsible for ensuring
compliance with this section.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of
the Consultant and any subconsultants engaged in performance of the Services, shall be
responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subconsultant engaged in
performance of the Services to employ on the Services any person in a trade or
occupation (except executive, supervisory, administrative, clerical, or other non manual
workers as such) for which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to Services
to be performed by that person. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the
person affected and during the continuance of such employment.
file name:
3
Prevailing Wage Exhibit for Service Agreements
Provisions Required Pursuant to California Labor Code § 1720 el seq.
(1037770)(Sept2007)
33
EXHIBIT D
ACKNOWLEDGEMENT AND CERTIFICATION PURSUANT TO
CITY OF PETALUMA LIVING WAGE ORDINANCE
PETALUMA MUNICIPAL CODE CHAPTER 8.36
The City of Petaluma Living Wage Ordinance ("Ordinance"), Petaluma Municipal Code Chapter
8.36, applies to certain service contracts, leases, franchises and other agreements or funding
mechanisms providing financial assistance (referred to hereafter as an "Agreement") between
the City of Petaluma ("City") and/or the Petaluma Community Development Commission
("PCDC") and contractors, lessees, franchisees, and/or recipients of City and/or PCDC funding
or financial benefits ("covered entities").
Pursuant to Petaluma Municipal Code Section 8.36.120, as part of any bid, application or
proposal for any Agreement subject to the Ordinance, the covered entity shall:
• Acknowledge that the covered entity is aware of the Ordinance and intends to comply
with its provisions.
Complete the Report of Charges, Complaints, Citations and/or Findings contained in this
Acknowledgement and Certification by providing information, including the date, subject
matter and manner of resolution, if any, of all wage, hour, collective bargaining,
workplace safety, environmental or consumer protection charges, complaints, citations,
and/or findings of violation of law or regulation by any regulatory agency or court
including but not limited to the California Department of Fair Employment and Housing,
Division of Occupational Safety and Health (OSHA), California Department of Industrial
Relations (Labor Commissioner), Environmental Protection Agency and/or National
Labor Relations Board, which have been filed or presented to the covered entity within
the ten years immediately prior to the bid, proposal, submission or request.
Pursuant to Petaluma Municipal Code Section 8.36.120, before the beginning of the term of any
covered Agreement, or prior to the execution of said Agreement by the City or the PCDC, each
covered entity shall certify that its employees are paid a living wage that is consistent with
Petaluma Municipal Code Chapter 8.36.
By executing this Acknowledgement and Certification, the covered entity (i) acknowledges that
it is aware of the Ordinance and intends to comply with its provisions, (ii) attests to the accuracy
and completeness of information provided in the Report of Charges, Complaints, Citations
and/or Findings contained herein, (iii) certifies that it pays its covered employees a Living Wage
as defined in Petaluma Municipal Code Chapter 8.36 and (iv) attests that the person executing
this Acknowledgement and Certification is authorized to bind the covered entity as to the matters
covered in this Acknowledgment and Certification.
Page I of 3
LIVING WAGE ACKNOWLEDGEMENT
AND CERTIFICATION
(1638697.2) Nov 2012
34
SO ACKNOWIjiDGED and CERTIFIED:
Prqject or Contract I,D: Remediation and Groundwater Monitorinfo i
-Se.rvioe - 301 Pa ~an St.
9- s
7�
Da,te:
(Ptint Name off'overed Entity/Business Cd'picity) -4—
By
(Print Name)
its
(Title /Capacity of Authorized Signer)
Page 2 ot'3
LIVING WA( -,,r- ACKN()Wj-j;DCor,,Mr
AND CERTIVICA-rION
063809U) Nov 2012 35
REPORTOF CHARGES, COMPLAINTS, CITATIONS At IVOR FINDINGS
PURSUANT TO PETALUMA MUNICIPAL CODE SECTION 8.36.1 20
FOR F'ACI I WAG , HOUR, C0I_I.1C1'IVI-,. 13ARGAININ(l, WORKPI _ACE SAFETY, ENVIRONMEN FAL OR
CONSI TMER PROTECTION Cl JARGE, COMPLAINT, I'FATION, AND/OR FINDING OF VIOLATION 01: LAW
OR R LOULATION BY ANY REGIJ LATORY AGENCY OR CIOURT, INCLUDING BUT NOT HN4 J_)'I_0TF1I;
CALIFORNIA DETARTMENT 017 FAIR EmPLOYNIT."NTAND HOUsiNci, DivIsioN OFOC( , 'UPATIONAL
SAFUTY AND HEALTH (CISHA), CALIFORNIA DEPAR"I'MYNTOF INDUSTRIAL RET.Allo-Ns (LABOR
COMMISSIONER), FNVIRONMENTAL PROTECTION Ac,[,'N('Y AND/M NA"FIONAL, LABolz R.171-A,rio-im's
BOARD, WHICH:
AFFECTS YOU AS A ]'IZOSPIr(-'IIVF-,('ONI'iZAC'I'OR, SUBCONTRACTOR, LESSI-T, FRANCIIISFrF
AND/OR PART)"I'(1) ANY C11 Y OF 193'rA1,.UMA ANIVOR PHTALUMA COMMUNITY
DEVI:1-01)'MFNI'C'ON,li\IISSION-[-I INDF`D AGREIMi"NT OR BENCI!`FSIIBJECTTO PETALUMA
MIJINICIVAL C("aDECHAPTER 836 (LiVINCi WAG L 01u)INANCE), AND
'ryiEnN YEARS IMMEDIATELYPRIOR TO FHE
BID, PROPOSAL, SUBMISSION OR RL;QUES'J- Fol!z wl:ilctrrws A(.XNOWLEDGI1M1_-_N_I_ AND
CH(TIFICATION, IS MADE.
I'MASEPROVIDE TIM DATF,,THE RFOULATORY AGEINCY OR COURTMAKINGTHE CHARGE
COMPLAINT, CITATION OR FINDING, I HE SUBJECT MATT[T AND THE MANNER OFRESOLLITION" IT
ANY, FOR EACH SUCH CHARGE COMPLAINT, CITATION OR FINDJNG
11"NONE', PLEASE STATE"NONE": �," : , .-
ATTACH ADDITIONAL PAGF'S ir NEEDEJ).
Em
Regulatory Agency or Court:
su0ject Matter
Resolution, if any.
Expecte(liesoltition.it'knowii-, ___
11age 3 of 3
LIVING WACA7 AC KNOW LET)OF N1 I;N'I
AND CERTIFICA1 ION
P 16.1''5697,2) No % 2012
36
Attachment 4
301 PAYRAN STREET REMEDIATION
LOCATION MAP
Date: FEBRUARY 24, 2020
N
City of Petaluma
0 PROJECT SITE w E Public Works and Utilities
S Department
37