HomeMy WebLinkAbout2005 CON Rore Environmental - Removal of underground tanks Public Workscta0s- ce
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AGREEMENT
BY AND BETWEEN ORIGINAL
THE CITY OF NATIONAL CITY
AND
RORE Environmental Science & Engineering
THIS AGREEMENT is entered into this 15 day of November, 2005, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Rore Environmental Science & Engineering, a private company (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to remove four
underground storage tanks, and to conduct a subsurface site assessment per
requirements of the County of San Diego Department of Environmental Health at 2100
Hoover Avenue, City of National City (DEH File No. H05081-001).
WHEREAS, the CITY has determined that the CONTRACTOR is a
Environmental Science & Engineering Company and is qualified by experience and
ability to perform the services desired by the CITY, and the CONTRACTOR is willing to
perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit " A ".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit " A "to keep staff and City Council advised of the progress on the
project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised April 2005
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Steve Kirkpatrick hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Gita Murthy thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit " A "shall not exceed
the schedule given in Exhibit "A " (the Base amount) without prior written authorization
from the Proiect Coordinator. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A "as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit " A ".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
Revised April 2005
CONTRACTOR'S written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR's obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
3 Revised April 2005
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR's
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
4 Revised April 2005
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, Toss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
5 Revised April 2005
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
ment.
6 Revised April 2005
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
7 Revised April 2005
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Steve Kirkpatrick, City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Gita Murthy, Ph.D
Rore Environmental Science & Engineering
1640 Collingwood Drive
San Diego, CA 92109-2239
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
8 Revised April 2005
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
9 Revised April 2005
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
By:
Nick Inu ayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Rore Environmental Science & Engineering
(Corporation - signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship - one signature)
By: ,, [`
By:
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10
Revised April 2005
SCIENCE & ENGINEERING
1640 Collingwood Drive • San Diego. California 92109-2239 • 858.483.8625 • Fax 858.483.4583 •
www.roreinc.com
October 27, 2005
Mr. Stephen Kirkpatrick
City Engineer
City of National City, Engineering Department
1243 National City Blvd.
National City, CA 91950-4301
RE: Proposal to Remove Four Underground Storage Tanks, and to Conduct a
Subsurface Site Assessment Per Requirements of the County of San Diego
Department of Environmental Health at 2100 Hoover Avenue, City of National
City (DEH Case No. H05081-001)
Dear Mr. Kirkpatrick:
Per your request, RORE is pleased to submit the scope of work and cost proposal to
remove the abandoned underground storage tanks (USTs) and to perform site assessment
at the above -referenced site. The following proposal is based upon our discussions with
Mr. Jim Schuck at the Department of Environmental Health (DEH) on October 20, 2005,
and his letter to the City of National City Public Works Department dated July 14, 2005.
The immediate goal for the City of National City is to provide to DEH a response to each
of the bullets listed in its July 14, 2005 letter. The six bullet requests are as follows:
1. Electronically submit environmental information into the State's Geotracker
system in accordance with the electronic reporting requirements (Chapter 30,
Division 3, of Title 23 & Division 3 of Title 27, CCR).
RORE has verified that this task has already been completed.
2. Please review the property APNs identified on Page 3 of the Report to verify the
accuracy of the numbers.
This task was completed by the Department of Engineering, City of National City.
Page 1 of 10
3. As recommended in the Report, implement a groundwater elevation study to
accurately determine the flow of groundwater in the vicinity of the release.
Because the existing monitoring wells are to be decommissioned during the time of
UST removal, this task is not relevant. However, at the time when additional
monitoring wells are installed, then this task will be completed. DEH recognizes and
concurs with RORE.
4. Provide a characterization of the ground and surface water resources in the
vicinity of the property to determine current or anticipated beneficial uses thereof.
RORE will complete this task, and include the characterization in the work plan that
it submits to DEH.
5. Provide the status to the planned removal of the existing six (6) USTs and
associated piping in the vicinity of the release.
Upon completion of the work executed under this proposal, this task will be detailed
in the report that RORE submits to DEH.
6. Submit a revised site assessment report which provides the applicable information
above and which incorporates all historical environmental information obtained at
the property since December 1986.
Per DEH, RORE was instructed to submit a site assessment report, which includes all
relevant environmental information pertaining to the project site. RORE has already
completed a historical database review; it was necessary for RORE to complete this
review prior to meeting with DEH on October 20, 2005.
BACKGROUND
The site is located at 2100 Hoover Avenue, City of National City. It is currently
occupied by the City of National City's Public Works Yard.
Based upon review of previous reports, the site is reported to have four concrete slurry -
filled USTs that were closed -in -place in 1989. The four tanks were used to store
gasoline, diesel fuel, motor oil, waste oil, and lubricating oil (Woodward -Clyde, August
1987). The site also contained two USTs that were removed on July 27, 2005.
Specifications for each UST and a case history of the site are as follows:
2 of 10
Tank
UST
Depth from
Surface to Bottom
of Tank
Status
1
10,000-gal-regular gasoline
13'4"
Closed -in -Place, 2/16/89
Closed -in -Place, 2/16/89
Closed -in -Place, 2/16/89
Closed -in -Place, 2/16/89
Removed, 7/27/05
2
3,000-gal diesel
11'11"
3
3,000-gal ethyl gasoline
11'11"
4
550-gal motor oil
7'0"
5
15,000-gal-regular gasoline
12'
6
5,000-gal diesel
12'
Removed, 7/27/05
On December 30, 1986, Woodward -Clyde (WCC) advanced a soil boring adjacent to the
3,000-gal ethyl gasoline UST. The soil sample (NAPW-B1-7-7.5') contained petroleum
hydrocarbon compounds with concentrations of benzene at 1.1 mg/kg, ethylbenzene 0.9
mg/kg, and xylenes 5.5 mg/kg (WCC, August 1987). WCC estimated the gasoline
concentration at 12 mg/kg by summing the concentrations of all gasoline constituents.
The water sample also contained benzene at 3.8 mg/L, toluene at 0.2 mg/L, and xylene at
0.6 mg/L.
On January 23, 1987, the DEH issued an unauthorized release letter for the site, and a
case number was established.
On May 4, 1987, three monitoring wells MW-1 through MW-3 (depth 20' bgs, screen 5-
15' bgs) were installed by WCC.
The three monitoring wells were monitored and sampled 14 times starting on May 15,
1987 by various consultants. The latest event was completed on March 14, 2005. The
groundwater monitoring results indicated that dissolved petroleum hydrocarbon is
currently present in the groundwater (Various Reports).
On February 16, 1989, four USTs (see Table above) were abandoned, slurry -filled, and
closed -in -place on -site under DEH directive.
On October 20, 2000, additional soil borings were explored at the site. Soil borings (D-
S/21/2 and D-N 2/1/2) were advanced near the fuel dispensing island. On October 27,
2003, soil borings (B-I and B-2) were advanced near the "proposed building," and on
November 22, 2004, a fourth monitoring well (MW-4 depth 15'bgs, screen 4.5'14.5'bgs)
was advanced near the creek.
On July 27, 2005, during the removal of two UST tanks and associated piping, diesel and
motor oil -contaminated soil were reported in several locations along the piping trench
and the tank pits.
On October 20, 2005, following review of the historical background information and
data related to the project site, RORE participated in a meeting with DEH's project
manager assigned to this case. At the meeting, DEH and RORE clearly identified the
objectives of additional investigation with the goal of obtaining site closure status.
3 of 10
OBJECTIVES
RORE's objectives are to:
1. Submit work plan; UST and existing monitoring wells removal permits, and
obtain approval from DEH
2. Decommission three existing monitoring wells
3. Remove four slurry -filled USTs and associated piping
4. Excavate visibly -contaminated soil as necessary
5. Pump and temporarily store groundwater on -site
6. Take confirmatory samples at different depths and locations depending on the soil
appearance on the day of the UST pull.
7. Stockpile and dispose soil to the appropriate landfill.
8. Complete a site assessment for areas around the four removed USTs, and around
the USTs that were removed on July 27, 2005.
9. Prepare and submit a site assessment report to DEH.
10. Meet with DEH to discuss data, extent of residual contamination, if any, and plan
for additional monitoring well installation.
PROPOSED SCOPE OF SERVICES
To meet the objectives listed above, RORE will perform the following tasks for the
Public Works Yard project site:
Task 1—File Review
As requested by DEH, RORE reviewed the DEH files and other files related to the
project site for release and contamination, other site assessment activities, and
environmental issues related to the site. In the files, there was mention of a 'PCB
boring,' which demonstrated PCB contamination (Geological Exploration Inc., December
1990), and a 2003 Geocon report documenting contamination (Geocon, October 2003).
Because there were no further references or details about these findings, DEH instructed
RORE to do more research or to contact these previous firms to clarify these mentioned
contaminants.
The lump sum estimate to execute Task 1, including labor, materials, travel, file -copying,
and data interpretation to create summary is $1,645.
Task 2—Community Health & Safety Plan, Site -Specific Health & Safety Plan, and
Work Plan to Remove Four USTs and to Decommission Three Monitoring Wells
RORE will prepare a Community Health & Safety Plan, Site -Specific Health & Safety
Plan, and a Work Plan to remove the USTs and to decommission the monitoring wells
that are in place. These plans will be prepared according to DEH Site Assessment and
Mitigation (SAM) guidelines (2005) and submitted to the DEH for approval.
4 of 10
A health and safety plan for field personnel at the site will be prepared. The plan will
include potential physical and chemical hazards that may be encountered by personnel
during drilling, excavating, and sampling activities. The plan will also include
appropriate protective equipment, air monitoring devices, and emergency response
procedures for the anticipated site -specific hazards.
A community health and safety plan that reflects the City's planned site clean-up
activities will also be prepared and be housed at the public library in the City of National
City under the community right -to -know act.
The work plan will summarize the specific tasks designed to achieve the objectives and
will describe field activities, methodologies for sample collection, various laboratory
analyses required to test groundwater and soil samples. This work plan will also include
a site plan illustrating current UST and monitoring well locations. This work plan will be
submitted for approval, to Jim Schuck at DEH, prior to commencement of any field
activity.
The lump sum cost for preparing the Plans, including labor, materials, and expendables is
$3,300.
Task 3-Preparation for the UST Removal, Four UST Removal, Contaminated Soil
and Groundwater Removal
Construction activities at the project site will occur in two phases: Phase one will include
tank removal. Phase two will include soil excavation and trenching and disposal of
contaminated soil and water. Phase two will be conducted at the location where four
USTs were removed and at the location where two USTs were previously removed on
July 27, 2005. To accomplish this task, the following tasks will be performed:
• Utility Search and Mark out;
• Preparation and submission of all required permit applications pertaining to tank
removal from the DEH and the City of National City Fire Department (NCFD);
• Notify and coordinate with DEH and NCFD;
• Provide safety barricades and chain link fence around excavation;
• Sawcut, demo, and removal of asphalt surface over USTs and piping;
• Excavate over USTs and piping to prepare for removal;
• Remove and dispose USTs and the associated piping;
• Trench around the location where UST was removed on 7/27/05;
• Trench around the piping area that was removed on 7/27/05;
• Backfill and compact the excavated areas with either clean excavated soil and/or
with clean imported fill material to make up the void;
• Soil compaction testing;
• Clean the work site upon UST removal; and
• Subcontractor management
5 of 10
RORE will obtain the necessary permits to remove all four USTs and associated piping.
Approval of the permits by the DEH is expected to require approximately 10-15 business
days. RORE will notify Underground Service Alert to identify potential subsurface
utility hazards.
UST removal services by the UST removal Contractor will include labor, equipment, and
consumables to expose, properly decontaminate, remove all USTs (four slurry -filled),
dispose USTs at a State -certified facility, backfill the excavation site, compact soil to
90% grade, and resurface with asphalt.
Also, per DEH, a trench around the UST, which was removed on July 27, 2005, and its
associated piping area, will be necessary for soil sampling. Trenching around the
removed UST will be approximately 2' x 100' x 10'deep and around the removed piping
area will be approximately 4' x 130' long x 5' deep.
Contaminated groundwater that is encountered during the UST removal activities will be
pumped, stored, and disposed of according to SAM guidelines.
RORE will collect representative backfill material and conduct a Standard Proctor Test
and verify field compaction.
The total estimated cost for Task 3 is $109,035. A cost breakdown is included in the
Cost Estimate Summary Section.
Task 4—Monitoring Well Abandonment
Monitoring wells (MW1, MW2, MW3) need to be abandoned because of their proximity
to the UST removal activities and their unusable condition based upon previous reports
and discussion with DEH.
Please note that per DEH's letter dated July 14, 2005, RORE will not measure water
levels during fluctuating tidal conditions because three of the monitoring wells will be
decommissioned. This task will be performed at a later date when additional monitoring
wells will be installed. There is no cost associated with the water level measurement in
this proposal.
The estimated cost for permitting, abandoning the monitoring wells, soil sampling, and
waste disposal is $5,833.
Task 5—Soil Sampling, Testing, and Analyses
During over -excavation, soil samples will be analyzed using an on -site mobile laboratory
and a stationary laboratory. A mobile lab will be used depending on the sample analysis
time requirement and the condition of the visible contamination.
6 of 10
Both mobile and stationary labs are state -certified analytical laboratories. Per DEH, soil
samples will be analyzed for full range, extended total petroleum hydrocarbons such as
gasoline and diesel (TPH-g, TPH-d) and motor oil, EPA Method 8260B for BTEX and
other fuel oxygenates. Currently, 50 samples are estimated to be collected and analyzed.
The estimated cost for soil and groundwater analyses, including mobile and stationary
laboratories is $12,547.
Task 6-UST Closure and Post -UST Removal Assessment Report
To satisfy DEH requirements in its letter dated July 14, 2005, RORE will prepare a
detailed report that documents the activities, soil sampling data, UST removal and
disposal, conclusions and recommendations for additional work elements, if necessary.
The report will include site identification, background data, site plan, sampling
procedures, laboratory analytic reports, field work summary, waste manifests,
conclusions and recommendations, and figures detailing UST site and soil sample
locations.
The estimated lump sum cost to prepare and submit two copies of the report, including
labor, materials, and expendables, is $5,990.
Task 7-Project Management, including Meetings with Client and DEH
Project Management includes meetings with the client and DEH project manager, regular
communications with client and contractor, scheduling and coordination with contractor
and client, project quality and cost control monitoring, and cost review and invoice
generation.
The lump sum cost for project management, including labor, materials, travel, and
expendables, is $13,500.
PROJECT ASSUMPTIONS
1. All four USTs at the Public Works Yard will be removed.
2. USTs are only filled with clean slurry.
3. Monitoring wells (MW1, MW2, MW3) will be abandoned.
4. Contaminated groundwater will be encountered.
5. Contaminated soil will be non -hazardous, and therefore, will be disposed of at the
San Diego landfill.
6. Following tank removal, the area will be resurfaced with asphalt.
7. Amount of excavated soil will be about 140 tons (200 cubic yards) or less.
8. Work will be performed during normal business days and hours; additional
charges may apply for work on weekends and holidays.
9. One copy of the final report will be submitted to the Client and one copy to DEH.
10. This cost proposal includes no more than two meetings with DEH; each meeting
is scheduled to last two hours.
7 of 10
PROJECT SCHEDULE
Following DEH permit and work plan approval, the estimated time to complete the above
tasks is as follows:
Task
Number
Activity
Estimated Time to
Complete Each Task
1
File Review
3 days; task completed
2
Community Health & Safety Plan, Site
Specific Health & Safety Plans, Work Plan,
Specifications
2 weeks
3,4,5
Monitoring Well Abandonment, UST
Removal, Backfill and compaction, Soil
Analyses
2 weeks
6
Report Preparation, Submission
3 weeks
8 of 10
COST ESTIMATE SUMMARY
I. REQUIRED ITEMS
Task
Number
Activity
RORE
Estimated Cost
($)
1
File Review
1,645
2
Community and
3,300
S
Site -Specific Health & Safety Plans, Work Plan
3
UST Removal 4 USTs i 111
41,000
Contaminated Soil Excavation
21,725
Fill materiel $29/ton x 140 tons
Export, Load non -hazardous contaminated soil to San
9,100
Diego landfill ($65/ton x 140 tons)
Trenching around UST removed on 7/27/2005
6,710
Trenching around the pipin_g removed on 7/27/05
7,590
Environmental Technician and truck 12 da s
8,770
Soil compaction testing and verification
3,000
Site Superintendent0 days _'—
_
2,080
Groundwaterpurpimi and disposal
5,000
S
Sub Total
109,035
4
Monitoring_Well Abandonment
4,050
------
Permitting
- -
383
__
3soil samples
600
Waste Disposal (4 drums) for monitoring wells
----------
800
S
Sub Total
5,833
5
Mobile & Stationary Laboratory; sample analyses
12,547
6
UST Closure, Post -Assessment Reports
5,990
7
Project Management
13,500
his estimate is Ines,i
TOTAL
. .. H,o F o,....:.._
151,850
• At most, 200 cubic yards (140 tons) of contaminated soil will be excavated.
• No more than 850 square feet will be resurfaced.
• Construction -related tasks will last at least two full weeks.
• Mobile laboratory will be required for three days only
• RORE staff will be on -site for a total of 12 days.
Please note that 80% of the above total is construction and laboratory -related cost.
9 of 10
II. OPTIONAL ITEMS THAT MAY BE NECESSARY IF SITE CONDITIONS
WARRANT
Task
Number
Activity
RORE
Estimated Cost
($)
Export, Load contaminated soil to Copper Mountain,
4,900
AZ ($35/ton x 140 tons]
Demo and removal of concrete slabs beneath USTs
4,620
Remove and replace storm drain over USTs
4,950
Remove and replace sewer line over USTs
6820 _ __.
_
Remove and replace water line over USTs
1,320
TOTAL
22,610
RORE is committed to meeting City of National City's needs. Consequently, if your
needs change as this project progresses, RORE will be happy to accommodate your
changes and modify the proposal accordingly. As in the past, RORE will work diligently
with your team, and with the regulators to accomplish your goal of removing the USTs
and receiving case closure status from the County of San Diego DEH as soon as possible.
If you have any questions regarding this proposal, please contact me at 858-483-8625,
ext. 12. We look forward to hear from you, and we look forward to get this project site
closed!
Thanks so much!
Sincerely,
Th
Gita Murthy, Ph.D.
Project Director
10 of 10
RESOLUTION NO. 2005 — 246
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT
TO RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC.
IN THE AMOUNT OF $174,460 FOR THE REMOVAL OF FOUR
UNDERGROUND STORAGE TANKS, TO PREPARE A
SUBSURFACE SITE ASSESSMENT, AND IMPLEMENT REMEDIATION
PER REQUIREMENTS OF THE COUNTY OF SAN DIEGO DEPARTMENT OF
ENVIRONMENTAL HEALTH AT THE PUBLIC WORKS YARD LOCATED AT
2100 HOOVER AVENUE, AND ALLOCATING $91,360 FROM THE NON -DEPARTMENTAL
PROVISION FOR CONTINGENCY FUND BALANCE, ACCOUNT NO. 001-409-710, TO
ENGINEERING'S UPGRADE/REMOVAL FUEL TANKS POLICE DEPARTMENT
AND PUBLIC WORKS YARD ACCOUNT NO. 196-409-500-598-1156
WHEREAS, there have been a total of six underground petroleum product tanks
at the Public Works yard located at 2100 Hoover Avenue. Two tanks were recently removed
and the remaining four tanks were abandoned in 1989; and
WHEREAS, periodically, the County of San Diego Department of Environmental
Health (DEH) requires the City to conduct routine soil sampling and testing at the site, but
ultimately, this site must be closed as defined by the County DEH, which requires the removal of
the four remaining underground storage tanks, a subsurface site assessment, and
implementation of remediation; and
WHEREAS, the Community .Development Commission of the City of National
City (CDC) is evaluating this site for redevelopment. The remediation plan proposed will
consider the possible redevelopment and ensure that the remediation is appropriate for the
ultimate use; and
WHEREAS, through the Request for Qualification process, the Community
Development Commission of the City of National City (CDC) has contracted with RORE
Environmental Science and Engineering, Inc. for on -call environmental consulting services; and
WHEREAS, staff desires to piggy -back on CDC's selection process and award
the contract for removal of four underground storage tanks, to conduct a subsurface site
assessment, and to implement remediation per requirements of the County DEH to RORE
Environmental Science and Engineering, Inc.; and
WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal
Code, the Purchasing Agent may dispense with the requirements of the bidding process when
the City Council determines that due to special circumstances, it is to the City's best interest to
purchase a commodity or enter into a contract without compliance with the bidding procedure;
and
WHEREAS, a reallocation of $91,360 from the Non -Departmental Provision for
Contingency Fund Balance, Account No. 001-409-710, to Engineering's Upgrade/Removal Fuel
Tanks Police Department and Public Works Yard Account No. 196-409-500-598-1156, is
necessary to fully fund the contract with RORE Environmental Science and Engineering, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby finds that special circumstances exist and awards the contract for removal
of four underground storage tanks at the Public Works Yard, to conduct a subsurface site
assessment, and to implement remediation per requirements of the County DEH to:
Resolution No. 2005 — 246
November 15, 2005
Page 2
RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute a contract between RORE Environmental Science
and Engineering, Inc. and the City of National City for removal of four underground storage
tanks, to conduct a subsurface site assessment, and to implement remediation at the Public
Works Yard located at 2100 Hoover Avenue per requirements of the County DEH. Said
contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the City Council of the City of National City
hereby authorizes the following reallocation of funds:
$91,360 FROM: Account No. 001-409-710
(Non -Departmental Provision for Contingency Fund Balance)
$2,900 TO: Account No. 196-409-500-598-1156
(Upgrade/Removal Fuel Tanks Police Department and Public
Works Yard)
PURPOSE: To fully fund a contract with RORE Environmental Science and Engineering,
Inc. for removal of four underground storage tanks, to conduct a subsurface
site assessment, and to implement remediation at the Public Works Yard
located at 2100 Hoover Avenue.
PASSED and ADOPTED this 15th day of November, 2005.
ATTEST:
4
Mic ael R. DaII-,>< ity Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the Cityof National City, California, on
November 15, 2005, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate.
Nays: None.
Absent: Inzunza, Natividad.
Abstain: None.
AUTHENTICATED BY:
By:
NICK INZUNZA
Mayor of the City of National City, California
City C -rk of the City .
Y National City, California
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct
RESOLUTION NO. 2005-246 of the City of National City,
adopted by the Council of said City on November 15, 2005.
California passed and
copy of
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE November 15, 2005
6
AGENDA ITEM NO.
ITEM TITLE Resolution allocating $91,360 from the Non -Departmental Provision for Contingency to Account
No. 001-40 710, to Account No. 196-409-500-598-1156, and awarding a contract to RORE Environmental Science &
Engineering in the amount of $174,460 for the removal of four underground storage tanks, to conduct a subsurface site
assessment, and to implement remediation per requirements of the County of San Diego Department of Environmental
Health at the Public Works Yard located at 2100 Hoover Avenue.
PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4380
EXPLANATION
See attached Explanation.
•
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By: f�L -`
i
$83,100 is available in account number 196-409-500-598-1156. Finan rector
It is recommended that $91,360 be transferred to this account from the
ANon nt allomental
Provision for Contingency.
STAFF RECOMMENDATION
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
C2GGS - GP
ATTACHMENTS ( Listed Below )
1. Resolution
2. Public Work Yard Summary
3. RORE Contract
Resolution No. O d aOP
A-200 (Rev. 7/03)
EXPLANATION
There have been a total of six underground petroleum product tanks at the Public Works Yard
located at 2100 Hoover Avenue. Recently, a 15,000-gallon gasoline tank and a 5,000-gallon
diesel tank were removed. The other four tanks were abandoned in place in 1989. Over the
years, the County of San Diego Department of Environmental Health (County DEH) has required
that the City conduct routine soil sampling and testing at the site. Attached is summary of the site
dating back to 1986. This site has been an issue for the City and County DEH for many years.
Ultimately this site must be "closed" as defined by the County DEH. It is recommended that this be
accomplished now in order to prevent further County DEH enforcement action (monetary
penalties). The contract being considered with RORE will accomplish this purpose.
It is important to note that the Community Development Commission is considering this site for re-
development. The remediation plan proposed and implemented will consider the possible re-
development and ensure that the remediation is appropriate for the ultimate purpose. It is likely
that the remediation proposed for a housing development will be different from the remediation
necessary to operate an asphalt -paved Public Works Yard. Consequently to the extent feasible
the City will work with the Community Development Commission to recuperate remediation costs
as appropriate.
RORE Environmental Science & Engineering was selected by the Community Development
Commission through the Request for Qualification process appropriate for selecting a professional
service. City staff is "piggy -backing" on that selection process and recommending that the contract
be awarded to RORE based upon their qualifications.
RESOLUTION NO. 2005 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT
TO RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC.
IN THE AMOUNT OF $174,460 FOR THE REMOVAL OF FOUR
UNDERGROUND STORAGE TANKS, TO PREPARE A
SUBSURFACE SITE ASSESSMENT, AND IMPLEMENT REMEDIATION
PER REQUIREMENTS OF THE COUNTY OF SAN DIEGO DEPARTMENT OF
ENVIRONMENTAL HEALTH AT THE PUBLIC WORKS YARD LOCATED AT
2100 HOOVER AVENUE, AND ALLOCATING $91,360 FROM THE NON -DEPARTMENTAL
PROVISION FOR CONTINGENCY FUND BALANCE, ACCOUNT NO. 001-409-710, TO
ENGINEERING'S UPGRADE/REMOVAL FUEL TANKS POLICE DEPARTMENT
AND PUBLIC WORKS YARD ACCOUNT NO. 196-409-500-598-1156
WHEREAS, there have been a total of six underground petroleum product tanks
at the Public Works yard located at 2100 Hoover Avenue. Two tanks were recently removed
and the remaining four tanks were abandoned in 1989; and
WHEREAS, periodically, the County of San Diego Department of Environmental
Health (DEH) requires the City to conduct routine soil sampling and testing at the site, but
ultimately, this site must be closed as defined by the County DEH, which requires the removal of
the four remaining underground storage tanks, a subsurface site assessment, and
implementation of remediation; and
WHEREAS, the Community Development Commission of the City of National
City (CDC) is evaluating this site for redevelopment. The remediation plan proposed will
consider the possible redevelopment and ensure that the remediation is appropriate for the
ultimate use; and
WHEREAS, through the Request for Qualification process, the Community
Development Commission of the City of National City (CDC) has contracted with RORE
Environmental Science and Engineering, Inc. for on -call environmental consulting services; and
WHEREAS, staff desires to piggy -back on CDC's selection process and award
the contract for removal of four underground storage tanks, to conduct a subsurface site
assessment, and to implement remediation per requirements of the County DEH to RORE
Environmental Science and Engineering, Inc.; and
WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal
Code, the Purchasing Agent may dispense with the requirements of the bidding process when
the City Council determines that due to special circumstances, it is to the. City's best interest to
purchase a commodity or enter into a contract without compliance with the bidding procedure;
and
WHEREAS, a reallocation of $91,360 from the Non -Departmental Provision for
Contingency Fund Balance, Account No. 001-409-710, to Engineering's Upgrade/Removal Fuel
Tanks Police Department and Public Works Yard Account No. 196-409-500-598-1156, is
necessary to fully fund the contract with RORE Environmental Science and Engineering, Inc.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby finds that special circumstances exist and awards the contract for removal
of four underground storage tanks at the Public Works Yard, to conduct a subsurface site
assessment, and to implement remediation per requirements of the County DEH to:
Resolution No. 2005 —
November 15, 2005
Page 2
RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC.
BE IT FURTHER RESOLVED by the City Council of the City of National City that
the Mayor is hereby authorized to execute a contract between RORE Environmental Science
and Engineering, Inc. and the City of National City for removal of four underground storage
tanks, to conduct a subsurface site assessment, and to implement remediation at the Public
Works Yard located at 2100 Hoover Avenue per requirements of the County DEH. Said
contract is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED, that the City Council of the City of National City
hereby authorizes the following reallocation of funds:
$91,360 FROM: Account No. 001-409-710
(Non -Departmental Provision for Contingency Fund Balance)
$2,900 TO: Account No. 196-409-500-598-1156
(Upgrade/Removal Fuel Tanks Police Department and Public
Works Yard)
PURPOSE: To fully fund a contract with RORE Environmental Science and Engineering,
Inc. for removal of four underground storage tanks, to conduct a subsurface
site assessment, and to implement remediation at the Public Works Yard
located at 2100 Hoover Avenue.
PASSED and ADOPTED this 15th day of November, 2005.
Nick Inzunza, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
2100 HOOVER AVENUE, NATIONAL CITY, SITE SUMMARY
RORE, Inc.
October 20, 2005
Property Owner: City of National City, CA 92121
DEH Case#: H05081-001
The site is located on the northwest corner of 22"d Street and Hoover Avenue at 2100
Hoover Avenue; National City. The site is currently occupied by the City of National
City Public Works Yard.
Based on the file review, the site was reported to have six USTs that are owned by the
City of National City with the following capacities, contents, and status (see Table
below):
UST
Depth below grade
to Bottom
Status
1
10,000 gal -regular gasoline
13'4"
Closed -in -Place,
2/16/89
2
3,000 gal diesel
11' 11"
Closed -in -Place,
2/16/89
3
3,000 gal ethyl gasoline
11'11"
Closed -in -Place,
2/16/89
4
550 Gal motor oil
7'0"
Closed -in -Place,
2/16/89
5
15,000 gal -regular gasoline
12'
Excavated, 7/27/05
6
5,000 gal diesel
12'
Excavated, 7/27/05
On December 30 1986, Woodward -Clyde (WCC) advanced a soil boring in the soil
adjacent to the 3,000 gal ethyl gasoline UST. The soil sample (NAPW-B1-7-7.5')
contained petroleum hydrocarbons with concentrations of benzene at 1.1 mg/kg,
ethylbenzene 0.9 mg/kg, and xylenes 5.5 mg/kg. WCC estimated the gasoline
concentration at 12 mg/kg by summing the concentrations of all gasoline constituents.
The water sample also contained benzene at 3.8 mg/L, toluene at 0.2 mg/L, and xylene at
0.6 mg/L.
On January 23 1987, the DEH issued an unauthorized release letter for the site.
On May 4, 1987, three monitoring wells MW-I through MW-3 (depth 20' bgs, screen 5-
15' bgs) were installed by WCC (See Table 1 and Table 2 for soil and groundwater data).
The three monitoring wells were monitored and sampled 14 times starting on May 15,
1987 by various consultants. The latest event was completed on March 14, 2005. The.
groundwater monitoring results are summarized in Table 2.
RORE, Inc.
1
On February 16, 1989, four USTs (see Table above) were abandoned, slurry -filled, and
closed -in -place on -site under DEH directive.
Additional soil borings were explored at the site. On October 20, 2000, soil borings (D-
S/21/2 and D-N 2/1/2) were advanced near the dispenser island, on October, 27, 2003 soil
borings (B-1 and B-2) near the proposed building, and on November 22, 2004 monitoring
well MW-4 depth 15'bgs, screen 4.5'14.5'bgs) near the creek. Soil analysis results are
presented in Table 1.
On July 27, 2005, during the removal of two UST tanks and associated piping, diesel and
motor oil -contaminated soil were reported in several locations along the piping trench
and the tank pits. Results are included in Figure 2.
Based on the historical data, groundwater, underneath the site near the closed -in -place
UST locations, contains BTEX and MTBE. The extent of the contaminated soil and
dissolved plume are not well defined on east, southeast, south, and southwest directions.
Therefore, we recommended the following plan of action to get the site closed under
DEH's oversight:
1. Excavation of the four closed -in -place slurry filled USTs and over -excavation of
the contaminated soil during tank removal. These four USTs have remained the
source of contamination for the site for the last 18 years. It is a cost-effective and
time -saving solution to dispose the tanks off -site and permanently remove the
source of contamination. The duration of these activities would be around two to
three weeks.
2. Abandonment of the three existing monitoring wells MW-1 through 3. The three
wells may not be saved due to the tank excavation activities. The extent of the
contamination needs to be redefined after the tanks and contaminated soil have
been removed. The duration of these activities would be around two to three
days.
3. Installation of approximately three to five new monitoring wells to define the
petroleum hydrocarbons plume. The duration of these activities would be around
three to five days.
4. Perform groundwater sampling activities for two to four quarters to monitor the
groundwater quality underneath site.
5. Perform the groundwater flow study and tidal influence study, if needed. The
duration of these activities would be around five days.
RORE, Inc.
2
TABLE 1
SUMMARY OF SOIL ANALYSIS RESULTS
Sample
benzene
Sampling (mg/kg) (mg/kg) (mpg) (mpg) (mg/lcg)
Date TPH-g TPH-d Benzene Toluene Ethyl-
Xylenes MTBE TBA DIPE ETBE TAME
(mpg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg)
NCPW-B1-7-7'6"
MW-1
MW-2
MW-3
1/14/87 12.0
4.5 FEET 05/04/87 2.9
6.0 FEET 05/04/87 19.7
1.1
0.9 5.5
<0.5 <0.5 <0.5
<0.5 <0.5 <0.5
6.5 FEET 05/04/87 78.0 28.5 0.5
7.5 FEET 05/04/87 744.0 286.0 15.1
5.0 FEET 05/04/87 4.6 <0.5
8.0 FEET 05/04/87 206.0 <0.5
B1-3(5-6') 10/27/03 <10 <10
B1-4(10-11') 10/27/03 <10 16
B1-5(15-16') 10/27/03 <10 230
D-S/2 1/2 10/20/00 <10 <10
D-N/2 1/2 10/20/00 <10 59
MW-4
<0.5
<0.5
28.5
826.0
<0.5
<0.5
4.5 Feet 11/22/04 <10 <10
6.5 Feet 11/22/04 <10 <10 <5 <5 <5 <15 <5 <25 <5 <5 <5
8.5 Feet 11/22/04 <10 <10
10.5 Feet 11/22/04 <10 <10
12.5 Feet 11/22/04 NA NA
14 Feet 11/22/04 NA NA
PQL 1.0 10.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0
PRG NA NA 0.7 520.0 230.0 210.0 17.0 NA NA NA NA
SSL 100.0 1000.0 NA NA NA NA NA NA NA NA NA
Notes:
ND: Not detected
NA: Not available
RORE, Inc.
-Page 1 of 1
TABLE 2
SUMMARY OF GROUNDWATER LEVELS AND CHEMICAL ANALYSIS RESULTS
Depth to
Ground- LPH Ground -
Date Case Change in Ethyl -
Elevation
water TPH-g TPH-d Benzene Toluene Xylenes MTBE TBA DIPS ETBE TAME
Sampled Elevation Thickness
water Elevation benzene
(feet) (feet) (feet) (feet) (feet) (ue/L) (ue/L) (1}g/L) (ue/L) (ue/L) (ue/L) (ue/L) (ue/L) (ue/L) (ue/L) (ue/L)
MW-1 (Screen Interval in feet: 5-20)
5/15/87 10 6.30 0.00 3.70 NA 8,900 NA 2,193 486.20 50 1,466.40 NA NA NA NA NA
1/11/89 10 6.8 3.20 NA 4,000 NA 2,700 <100 180 1,000 NA NA NA NA NA
9/18/89 10 7 3.00 NA 290 NA 61 2.60 NA 12.20 NA NA NA NA NA
1/10/90 10 5 5.00 75 10.00 4.4 20
4/9/90 10 6.67 3.33 <12 <12 <12 490
10/3/90 10 6.36 3.64 1,400 130 37 560
4/4/91 10 6.89 3.11 150 5 11 49
6/26/91 10 6.12 3.88 7,300 730 530 4,100
1/31/92 10 6.67 3.33 2,800 71 260 1,100
1/19/93 10 6.98 3.02 330 5.6 35 55
10/12./98 10 6.3 3.70 1,010 2,540 <125 207 <250 502.0
9/6/00 10 6.2 3.80 1,900 720 <40 110 <40 330.0 <100 <40 <40 <40
12/14/04 7.987 7.19 0.797 6,200 <500 3,800 16.00 560 69.00 340.0 <1 <1 <1 <5
3/14/05 7.987 5.29 2.697 2,600 <500 3,600 13.00 250 34.50 400.0 <1 <1 <1 <5
MW-2 (Screen Interval in feet: 5-20)
5/15/87 10.01 6.21 0.00 3.80 NA 730 NA 125.9 179.5 10.6 77.9 NA NA NA NA NA
1/11/89 10.01 7.2 2.81 NA 3000 NA 550 330 77 430 NA NA NA NA NA
9/18/89 10.01 7 3.01 NA 4400 NA 550 850 NA 420 NA NA NA NA NA
1/10/90 10.01 7 3.01 1,100 1,100 92 500
04/90/90 10.01 6.87 3.14 4,000 4,600 480 2,700
10/3/90 10.01 6.41 3.60 640 570 69 380
4/4/91 10.01 6.96 3.05 590 410 59 290
6/26/91 10.01 6.26 3.75 4,500 4,000 620 3,600
1/31/92 10.01 6.83 3.18 5,300 3,700 480 2,500
1/19/93 10.01 NM NM NS NS NS NS
10/12/98 10.01 6.85 3.16 <100 15 <2.5 <2.5 <2.5 91.1
9/6/00 10.01 6.78 3.23 <500 48 <2 11.00 2..8 51.0 <10 <2 <2 <2
12/14/04 7.995 7.07 0.925 <500 <500 <0.5 0.60 1.10 <1.5 33.0 <1 <1 <I <5
3/14/05 7.995 6.17 1.825 <500 <500 56 <0.5 19.00 3 46.0 <1 <I <1 <5
TABLE 2
SUMMARY OF GROUNDWATER LEVELS AND CHEMICAL ANALYSIS RESULTS
Depth to Ground- Eth M
water
Date Case Ground- LPH Change in TPH-g TPH-d Benzene Toluene y Xylenes MTBE TBA DIPE ETBE TAME
Sampled Elevation Thickness Elevation benzene
water Elevation
(feet) (feet) (feet) (feet) (feet) (ug/L) (p.i /L) (uR/L) (ue/Ll (ue/Ll (ue/L) (ue/L) (ue/L) (ue/Ll (ue/L) (uF/L)
MIN-3 (Screen Interval in feet: 5-20)
5/15'87 10.23 4.33 0.00 5.90 NA <100 NA <5 1.60 <5 <5 <I NA NA NA NA
1/11/89 10.23 5.8 4.43 NA NA NA <2.5 <2.5 <2.5 5.00 <1 NA NA NA NA
9/18/89 10.23 6 4.23 NA <500 NA <0.50 3.9 NA <0.5 <1 NA NA NA NA
1/10/90 10.23 6.5 3.73 <0.5 <0.5 <0.5 <1 <1
4/9/90 10.23 5.34 4.89 <0.5 <0.5 <0.5 <1 <1
10/3/90 10.23 5.64 4.59 <0.5 <0.5 <0.5 <1 <1
4/4/91 10.23 5.65 4.58 <0.5 <0.5 <0.5 <1 <I
6/26/91 10.23 5.19 5.04 <0.5 <0.5 <0.5 <1 <1
1/31/92 10.23 6 4.23 <0.5 <0.5 <0.5 <0.5 <1
1/19/93 10.23 5.52 4.71 ND ND ND ND <1
10/12/98 10.23 5.66 4.57 <100 <0.5 <0.5 <0.5 <1.0 <1
9/6/00 10.23 5.04 5.19 <500 <2 <2 <2 <2 <6 <10 <2 <2 <2
12/14/04 8.272 5.58 2.69 <500 <500 0.80 0.70 <0.5 <1.5 <1 <1 <1 <1 <5
3/14/05 8.272 3.98 4.29 <500 <500 <0.5 <00.5 <0.5 <1.5 <1 <1 <1 <1 <5
MW-4 (Screen Interval in feet: 4.5-14.5) 12/14/04 7.016 5.03 1.99 <500 <500 <0.5 0.80 <0.5 <1.5 <1 <1 <1 <1 <5
3/14/05 7.016 4.6 2.42 <500 <500 <0.5 <0.5 <0.5 <1.5 <1 <1 <1 <I <5
PQL NA NA NA NA NA 1,000 1,000 5 5 5 5 5.0 20 5 5 5
CA MCL NA NA NA NA NA NA NA 1 150 300 1,750 13.0 NA NA NA NA
LA
AL/Taste &
Odor
Threshold NA NA NA NA NA 5 100 0 42 29 17 13.0 NA NA NA NA
Notes:
ND: Not detected
NA: Not analyzed
RORE, Inc. Page 2 of 2
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RORE Environmental Science & Engineering
THIS AGREEMENT is entered into this 15 day of November, 2005, by
and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and
Rore Environmental Science & Engineering, a private company (the "CONTRACTOR").
RECITALS
WHEREAS, the CITY desires to employ a CONTRACTOR to remove four
underground storage tanks, and to conduct a subsurface site assessment per
requirements of the County of San Diego Department of Environmental Health at 2100
Hoover Avenue, City of National City (DEH File No. H05081-001).
WHEREAS, the CITY has determined that the CONTRACTOR is a
Environmental Science & Engineering Company and is qualified by experience and
ability to perform the services desired by the CITY, and the CONTRACTOR is willing to
perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE
AS FOLLOWS:
1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to
engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the
services hereinafter set forth in accordance with all terms and conditions contained
herein.
The CONTRACTOR represents that all services required hereunder will
be performed directly by the CONTRACTOR or under direct supervision of the
CONTRACTOR.
2. SCOPE OF SERVICES. The CONTRACTOR will perform services
as set forth in the attached Exhibit " A ".
The CONTRACTOR shall be responsible for all research and reviews
related to the work and shall not rely on personnel of the CITY for such services, except
as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings
cited in Exhibit " A "to keep staff and City Council advised of the progress on the
project.
The CITY may unilaterally, or upon request from the CONTRACTOR, from time
to time reduce or increase the Scope of Services to be performed by the
CONTRACTOR under this Agreement. Upon doing so, the CITY and the
CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a
Revised April 2005
corresponding reduction or increase in the compensation associated with said change
in services, not to exceed a factor of 10% from the base amount.
3. PROJECT COORDINATION AND SUPERVISION.
Steve Kirkpatrick hereby is designated as the Project Coordinator for the
CITY and will monitor the progress and execution of this Agreement. The
CONTRACTOR shall assign a single Project Director to provide supervision and have
overall responsibility for the progress and execution of this Agreement for the CONTRA-
CTOR. Gita Murthy thereby is designated as the Project Director for the
CONTRACTOR.
4. COMPENSATION AND PAYMENT. The compensation for the
CONTRACTOR shall be based on monthly billings covering actual work performed.
Billings shall include labor classifications, respective rates, hours worked and also
materials, if any. The total cost for all work described in Exhibit " A "shall not exceed
the schedule given in Exhibit "A " (the Base amount) without prior written authorization
from the Project Coordinator. Monthly invoices will be processed for payment and
remitted within thirty (30) days from receipt of invoice, provided that work is
accomplished consistent with Exhibit "A "as determined by the CITY.
The CONTRACTOR shall maintain all books, documents, papers,
employee time sheets, accounting records, and other evidence pertaining to costs
incurred and shall make such materials available at its office at all reasonable times
during the term of this Agreement and for three (3) years from the date of final payment
under this Agreement, for inspection by the CITY and for furnishing of copies to the
CITY, if requested.
5. LENGTH OF AGREEMENT. Completion dates or time durations
for specific portions of the Project are set forth in Exhibit " A ".
6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents
prepared by the CONTRACTOR for this Project, whether paper or electronic, shall
become the property of the CITY for use with respect to this Project, and shall be
turned over to the CITY upon completion of the Project, or any phase thereof, as
contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONTRACTOR
hereby assigns to the CITY and CONTRACTOR thereby expressly waives and
disclaims, any copyright in, and the right to reproduce, all written material, drawings,
plans, specifications or other work prepared under this agreement, except upon the
CITY's prior authorization regarding reproduction, which authorization shall not be
unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute
any further document(s) necessary to further effectuate this waiver and disclaimer.
The CONTRACTOR agrees that the CITY may use, reuse, alter,
reproduce, modify, assign, transfer, or in any other way, medium or method utilize the
2 Revised April 2005
CONTRACTOR's written work product for the CITY's purposes, and the
CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil
Code Sections 980 through 989 relating to intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings or
specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from
liability under Section 14 but only with respect to the effect of the modification or reuse
by the CITY, or for any liability to the CITY should the documents be used by the CITY
for some project other than what was expressly agreed upon within the Scope of this
project, unless otherwise mutually agreed.
7. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as
agents, employees, partners or joint venturers with one another. Neither the
CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and
are not entitled to any of the rights, benefits, or privileges of the CITY's employees,
including but not limited to retirement, medical, unemployment, or workers'
compensation insurance.
This Agreement contemplates the personal services of the
CONTRACTOR and the CONTRACTOR'S employees, and it is recognized by the
parties that a substantial inducement to the CITY for entering into this Agreement was,
and is, the professional reputation and competence of the CONTRACTOR and its
employees. Neither this Agreement nor any interest herein may be assigned by the
CONTRACTOR without the prior written consent of the CITY. Nothing herein contained
is intended to prevent the CONTRACTOR from employing or hiring as many
employees, or subcontractors, as the CONTRACTOR may deem necessary for the
proper and efficient performance of this Agreement. All agreements by CONTRACTOR
with its subcontractor(s) shall require the subcontractor to adhere to the applicable
terms of this Agreement.
8. CONTROL. Neither the CITY nor its officers, agents or employees
shall have any control over the conduct of the CONTRACTOR or any of the
CONTRACTOR's employees except as herein set forth, and the CONTRACTOR
expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR'S
agents, servants, or employees are in any manner agents, servants or employees of
the CITY, it being understood that the CONTRACTOR, its agents, servants, and
employees are as to the CITY wholly independent contractors and that the
CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this
Agreement.
9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in
the performance of the services to be provided herein, shall comply with all applicable
State and Federal statutes and regulations, and all applicable ordinances, rules and
regulations of the City of National City, whether now in force or subsequently enacted.
The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current
3
Revised April 2005
City of National City business license prior to and during performance of any work
pursuant to this Agreement.
10. LICENSES, PERMITS, ETC. The CONTRACTOR represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever
nature that are legally required to practice its profession. The CONTRACTOR
represents and covenants that the CONTRACTOR shall, at its sole cost and expense,
keep in effect at all times during the term of this Agreement, any license, permit, or
approval which is legally required for the CONTRACTOR to practice its profession.
11. STANDARD OF CARE.
A. The CONTRACTOR, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill
ordinarily exercised by members of the CONTRACTOR'S trade or profession currently
practicing under similar conditions and in similar locations. The CONTRACTOR shall
take all special precautions necessary to protect the CONTRACTOR's employees and
members of the public from risk of harm arising out of the nature of the work and/or the
conditions of the work site.
B. Unless disclosed in writing prior to the date of this
agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the
five (5) years preceding, been debarred by a governmental agency or involved in
debarment, arbitration or litigation proceedings concerning the CONTRACTOR'S
professional performance or the furnishing of materials or services relating thereto.
C. The CONTRACTOR is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success
of the project the CONTRACTOR has been retained to perform, within the time
requirements of the CITY, or, when no time is specified, then within a commercially
reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY
otherwise, the CONTRACTOR warrants that all products, materials, processes or
treatments identified in the project documents prepared for the CITY are reasonably
commercially available. Any failure by the CONTRACTOR to use due diligence under
this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased
costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within .a price range that allows for project completion in the time
frame specified or, when not specified, then within a commercially reasonable time.
12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall
not discriminate against any employee or applicant for employment because of age,
race, color, ancestry, religion, sex, sexual orientation, marital status, national origin,
physical handicap, or medical condition. The CONTRACTOR will take positive action to
insure that applicants are employed without regard to their age, race, color, ancestry,
religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or recruitment advertising,
layoff or termination, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous
4
Revised April 2005
places available to employees and applicants for employment any notices provided by
the CITY setting forth the provisions of this non-discrimination clause.
13. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONTRACTOR certain confidential information to enable the
CONTRACTOR to effectively perform the services to be provided herein. The
CONTRACTOR shall treat all such information as confidential and shall not disclose
any part thereof without the prior written consent of the CITY. The CONTRACTOR
shall limit the use and circulation of such information, even within its own organization,
to the extent necessary to perform the services to be provided herein. The foregoing
obligation of this Section 13, however, shall not apply to any part of the information that
(i) has been disclosed in publicly available sources of information; (ii) is, through no
fault of the CONTRACTOR, hereafter disclosed in publicly available sources of
information; (iii) is already in the possession of the CONTRACTOR without any
obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof
has been or is rightfully authorized by that third party.
The CONTRACTOR shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder,
the CONTRACTOR shall comply with all legal obligations it may now or hereafter have
respecting the information or other property of any other person, firm or corporation.
CONTRACTOR shall be liable to CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 14.
14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to,
or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature,
including workers' compensation claims, of or by anyone whomsoever, resulting from or
arising out of the CONTRACTOR's negligent performance of this Agreement.
15. WORKERS' COMPENSATION. The CONTRACTOR shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of
the State of California, the applicable provisions of Division 4 and 5 of the California
Government Code and all amendments thereto; and all similar state or Federal acts or
laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and
employees from and against all claims, demands, payments, suits, actions,
proceedings and judgments of every nature and description, including reasonable
attorney's fees and defense costs presented, brought or recovered against the CITY or
its officers, employees, or volunteers, for or on account of any liability under any of said
acts which may be incurred by reason of any work to be performed by the
CONTRACTOR under this Agreement.
5
Revised April 2005
16. INSURANCE. The CONTRACTOR, at its sole cost and expense,
shall purchase and maintain, and shall require its subcontractors, when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance
policies:
® A. If checked, Professional Liability Insurance (errors and omissions)
with minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property
damage incurred during the performance of this Agreement, with a minimum coverage
of $1,000,000 combined single limit per accident. Such automobile insurance shall
include non -owned vehicles.
C. Comprehensive general liability insurance, with minimum limits of
$1,000,000 combined single limit per occurrence, covering all bodily injury and property
damage arising out of its operation under this Agreement.
D. Workers' compensation insurance covering all of CONTRACTOR's
employees.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide
for thirty (30) days prior written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and worker's
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds.
G. If required insurance coverage is provided on a "claims made"
rather than "occurrence" form, the CONTRACTOR shall maintain such insurance
coverage for three years after expiration of the term (and any extensions) of this Agree-
ment.
ment.
H. Any aggregate insurance limits must apply solely to this Agree -
I. Insurance shall be written with only California admitted companies
which hold a current policy holder's alphabetic and financial size category rating of not
less than A VIII according to the current Best's Key Rating Guide, or a company equal
financial stability that is approved by the City's Risk Manager.
J. This Agreement shall not take effect until certificate(s) or other
sufficient proof that these insurance provisions have been complied with, are filed with
and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of
such insurance policies in full force and effect at all times during the terms of this
Agreement, the CITY may elect to treat the failure to maintain the requisite insurance
as a breach of this Agreement and terminate the Agreement as provided herein.
17. LEGAL FEES. If any party brings a suit or action against the other
party arising from any breach of any of the covenants or agreements or any
inaccuracies in any of the representations and warranties on the part of the other party
arising out of this Agreement, then in that event, the prevailing party in such action or
dispute, whether by final judgment or out -of -court settlement, shall be entitled to have
and recover of and from the other party all costs and expenses of suit, including
attorneys' fees.
6 Revised April 2005
For purposes of determining who is to be considered the prevailing party,
it is stipulated that attorney's fees incurred in the prosecution or defense of the action or
suit shall not be considered in determining the amount of the judgment or award.
Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited
to the amount of attorney's fees incurred by the CITY in its prosecution or defense of
the action, irrespective of the actual amount of attorney's fees incurred by the prevailing
party.
18. MEDIATION/ARBITRATION. If a dispute arises out of or relates
to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to
settle the dispute by mediation in San Diego, California, in accordance with the
Commercial Mediation Rules of the American Arbitration Association (the "AAA") before
resorting to arbitration. The costs of mediation shall be borne equally by the parties.
Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof,
which is not resolved by mediation shall be settled by arbitration in San Diego,
California, in accordance with the Commercial Arbitration Rules of the AAA then
existing. Any award rendered shall be final and conclusive upon the parties, and a
judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the
parties to the arbitration, provided that each party shall pay for and bear the costs of its
own experts, evidence and attorneys' fees, except that the arbitrator may assess such
expenses or any part thereof against a specified party as part of the arbitration award.
19. TERMINATION. A. This Agreement may be terminated with or
without cause by the CITY. Termination without cause shall be effective only upon 60-
day's written notice to the CONTRACTOR. During said 60-day period the
CONTRACTOR shall perform all services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY
for cause in the event of a material breach of this Agreement, misrepresentation by the
CONTRACTOR in connection with the formation of this Agreement or the performance
of services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of
written Notice of Termination to the CONTRACTOR as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda
Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the
CONTRACTOR, whether paper or electronic, shall immediately become the property of
and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just
and equitable compensation for any work satisfactorily completed on such documents
and other materials up to the effective date of the Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused the CITY by the
CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall
vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR;
(2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the
CONTRACTOR.
7 Revised April 2005
20. NOTICES. All notices or other communications required or
permitted hereunder shall be in writing, and shall be personally delivered; or sent by
overnight mail (Federal Express or the like); or sent by registered or certified mail,
postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or
telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall
be deemed received upon the earlier of (i) if personally delivered, the date of delivery to
the address of the person to receive such notice, (ii) if sent by overnight mail, the
business day following its deposit in such overnight mail facility, (iii) if mailed by
registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail
chute, or other like facility regularly maintained by the United States Postal Service, (iv)
if given by telegraph or cable, when delivered to the telegraph company with charges
prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above
shall be directed to the following persons:
To the CITY:
To the CONTRACTOR:
Steve Kirkpatrick, City Engineer
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Gita Murthv, Ph.D
Rore Environmental Science & Engineering
1640 Collingwood Drive
San Diego, CA 92109-2239
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver
because of changed address of which no notice was given shall be deemed to
constitute receipt of the notice, demand, request or communication sent. Any notice,
request, demand, direction or other communication sent by cable, telex, telecopy,
facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or
delivered as specified in this Section.
21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not
perform services of any kind for any person or entity whose interests conflict in any way
with those of the City of National City. The CONTRACTOR also agrees not to specify
any product, treatment, process or material for the project in which the CONTRACTOR
has a material financial interest, either direct or indirect, without first notifying the CITY
of that fact. The CONTRACTOR shall at all times comply with the terms of the Political
Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall
immediately disqualify itself and shall not use its official position to influence in any way
any matter coming before the CITY in which the CONTRACTOR has a financial interest
as defined in Government Code Section 87103. The CONTRACTOR represents that it
8 Revised April 2005
has no knowledge of any financial interests that would require it to disqualify itself from
any matter on which it might perform services for the CITY.
If checked, the CONTRACTOR shall comply with all of the
reporting requirements of the Political Reform Act and the National City Conflict of
Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic
Interests with the City Clerk of the City of National City in a timely manner on forms
which. the CONTRACTOR shall obtain from the City Clerk.
The CONTRACTOR. shall be strictly liable to the CITY for all damages,
costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by
the CONTRACTOR.
22. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided
for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday,
then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next
day which is not a Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument.
C. Captions. Any captions to, or headings of, the sections or
subsections of this Agreement are solely for the convenience of the parties hereto, are
not. a part of this Agreement, and shall not be used for the interpretation or
determination of the validity of this Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly
provided herein, the execution and delivery of this Agreement shall not be deemed to
confer any rights upon, or obligate any of the parties hereto, to any person or entity
other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached
hereto are hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may
not be modified or amended except by an instrument in writing executed by each of the
parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this
Agreement shall not operate as a waiver of any future breach of any such provision or
any other provision hereof.
H. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
Entire Agreement. This Agreement supersedes any prior agree-
ments, negotiations and communications, oral or written, and contains the entire
agreement between the parties as to the subject matter hereof. No subsequent
agreement, representation, or promise made by either party hereto, or by or to an
employee, officer, agent or representative of any party hereto shall be of any effect
unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon
and shall inure to the benefit of the successors and assigns of the parties hereto.
9
Revised April 2005
K. Construction. The parties acknowledge and agree that (i) each
party is of equal bargaining strength, (ii) each party has actively participated in the
drafting, preparation and negotiation of this Agreement, (iii) each such party has
consulted with or has had the opportunity to consult with its own, independent counsel
and such other professional advisors as such party has deemed appropriate, relative to
any and all matters contemplated under this Agreement, (iv) each party and such
party's counsel and advisors have reviewed this Agreement, (v) each party has agreed
to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against
the drafting party shall not apply in the interpretation of this Agreement, or any portions
hereof, or any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the date and year first above written.
CITY OF NATIONAL CITY
Rore Environmental Science & Engineering
(Corporation — signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — one signature)
By: By: L'
Nick lnzunza, .Mayor (Name)
APPROVED AS TO FORM:
George H. Eiser, 111
City Attorney
(Title)
By:
(Name)
G f o/
(Title)
1640 Collingwood Drive • San Diego, California 92109-2239 • 858.483.8625 • Fax 858.483.4583 •
www.roreinc.com
October 27, 2005
Mr. Stephen Kirkpatrick
City Engineer
City of National City, Engineering Department
1243 National City Blvd.
National City, CA 91950-4301
RE: Proposal to Remove Four Underground Storage Tanks, and to Conduct a
Subsurface Site Assessment Per Requirements of the County of San Diego
Department of Environmental Health at 2100 Hoover Avenue, City of National
City (DEH Case No. H05081-001)
Dear Mr. Kirkpatrick:
Per your request, RORE is pleased to submit the scope of work and cost proposal to
remove the abandoned underground storage tanks (USTs) and to perform site assessment
at the above -referenced site. The following proposal is based upon our discussions with
Mr. Jim Schuck at the Department of Environmental Health (DEH) on October 20, 2005,
and his letter to the City of National City Public Works Department dated July 14, 2005.
The immediate goal for the City of National City is to provide to DEH a response to each
of the bullets listed in its July 14, 2005 letter. The six bullet requests are as follows:
1. Electronically submit environmental information into the State's Geotracker
system in accordance with the electronic reporting requirements (Chapter 30,
Division 3, of Title 23 & Division 3 of Title 27, CCR).
RORE has verified that this task has already been completed.
2. Please review the property APNs identified on Page 3 of the Report to verify the
accuracy of the numbers.
This task was completed by the Department of Engineering, City of National City.
Page 1 of 10
3. As recommended in the Report, implement a groundwater elevation study to
accurately determine the flow of groundwater in the vicinity of the release.
Because the existing monitoring wells are to be decommissioned during the time of
UST removal, this task is not relevant. However, at the time when additional
monitoring wells are installed, then this task will be completed. DEH recognizes and
concurs with RORE.
4. Provide a characterization of the ground and surface water resources in the
vicinity of the property to determine current or anticipated beneficial uses thereof.
RORE will complete this task, and include the characterization in the work plan that
it submits to DEH.
5. Provide the status to the planned removal of the existing six (6) USTs and
associated piping in the vicinity of the release.
Upon completion of the work executed under this proposal, this task will be detailed
in the report that RORE submits to DEH.
6. Submit a revised site assessment report which provides the applicable information
above and which incorporates all historical environmental information obtained at
the property since December 1986.
Per DEH, RORE was instructed to submit a site assessment report, which includes all
relevant environmental information pertaining to the project site. RORE has already
completed a historical database review; it was necessary for RORE to complete this
review prior to meeting with DEH on October 20, 2005.
BACKGROUND
The site is located at 2100 Hoover Avenue, City of National City. It is currently
occupied by the City of National City's Public Works Yard.
Based upon review of previous reports, the site is reported to have four concrete slurry -
filled USTs that were closed -in -place in 1989. The four tanks were used to store
gasoline, diesel fuel, motor oil, waste oil, and lubricating oil (Woodward -Clyde, August
1987). The site also contained two USTs that were removed on July 27, 2005.
Specifications for each UST and a case history of the site are as follows:
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Tank
UST
Depth from
Surface to Bottom
of Tank
Status
1
10,000-_al-regular gasoline
13'4"
Closed -in -Place, 2/16/89
2
3,000-gal diesel
11' 11"
Closed -in -Place, 2/16/89
3
3,000-gal ethyl gasoline
11' 11"
Closed -in -Place, 2/16/89
4
550-gal motor oil
7'0"
Closed -in -Place, 2/16/89
5
15,000-gal-regular gasoline
12'
Removed, 7/27/05
6
5,000-gal diesel
12'
Removed, 7/27/05
On December 30, 1986, Woodward -Clyde (WCC) advanced a soil boring adjacent to the
3,000-gal ethyl gasoline UST. The soil sample (NAPW-B1-7-7.5') contained petroleum
hydrocarbon compounds with concentrations of benzene at 1.1 mg/kg, ethylbenzene 0.9
mg/kg, and xylenes 5.5 mg/kg (WCC, August 1987). WCC estimated the gasoline
concentration at 12 mg/kg by summing the concentrations of all gasoline constituents.
The water sample also contained benzene at 3.8 mg/L, toluene at 0.2 mg/L, and xylene at
0.6 mg/L.
On January 23, 1987, the DEH issued an unauthorized release letter for the site, and a
case number was established.
On May 4, 1987, three monitoring wells MW-1 through MW-3 (depth 20' bgs, screen 5-
15' bgs) were installed by WCC.
The three monitoring wells were monitored and sampled 14 times starting on May 15,
1987 by various consultants. The latest event was completed on March 14, 2005. The
groundwater monitoring results indicated that dissolved petroleum hydrocarbon is
currently present in the groundwater (Various Reports).
On February 16,1989, four USTs (see Table above) were abandoned, slurry -filled, and
closed -in -place on -site under DEH directive.
On October 20, 2000, additional soil borings were explored at the site. Soil borings (D-
S/21/2 and D-N 2/1/2) were advanced near the fuel dispensing island. On October 27,
2003, soil borings (B-1 and B-2) were advanced near the "proposed building," and on
November 22, 2004, a fourth monitoring well (MW-4 depth 15'bgs, screen 4.5'14.5'bgs)
was advanced near the creek.
On July 27, 2005, during the removal of two UST tanks and associated piping, diesel and
motor oil -contaminated soil were reported in several locations along the piping trench
and the tank pits.
On October 20, 2005, following review of the historical background information and
data related to the project site, RORE participated in a meeting with DEH's project
manager assigned to this case. At the meeting, DEH and RORE clearly identified the
objectives of additional investigation with the goal of obtaining site closure status.
3 of 10
OBJECTIVES
RORE's objectives are to:
1. Submit work plan; UST and existing monitoring wells removal permits, and
obtain approval from DEH
2. Decommission three existing monitoring wells
3. Remove four slurry -filled USTs and associated piping
4. Excavate visibly -contaminated soil as necessary
5. Pump and temporarily store groundwater on -site
6. Take confirmatory samples at different depths and locations depending on the soil
appearance on the day of the UST pull.
7. Stockpile and dispose soil to the appropriate landfill.
8. Complete a site assessment for areas around the four removed USTs, and around
the USTs that were removed on July 27, 2005.
9. Prepare and submit a site assessment report to DEH.
10. Meet with DEH to discuss data, extent of residual contamination, if any, and plan
for additional monitoring well installation.
PROPOSED SCOPE OF SERVICES
To meet the objectives listed above, RORE will perform the following tasks for the
Public Works Yard project site:
Task 1—File Review
As requested by DEH, RORE reviewed the DEH files and other files related to the
project site for release and contamination, other site assessment activities, and
environmental issues related to the site. In the files, there was mention of a 'PCB
boring,' which demonstrated PCB contamination (Geological Exploration Inc., December
1990), and a 2003 Geocon report documenting contamination (Geocon, October 2003).
Because there were no further references or details about these findings, DEH instructed
RORE to do more research or to contact these previous firms to clarify these mentioned
contaminants.
The lump sum estimate to execute Task 1, including labor, materials, travel, file -copying,
and data interpretation to create summary is $1,645.
Task 2—Community Health & Safety Plan, Site -Specific Health & Safety Plan, and
Work Plan to Remove Four USTs and to Decommission Three Monitoring Wells
RORE will prepare a Community Health & Safety Plan, Site -Specific Health & Safety
Plan, and a Work Plan to remove the USTs and to decommission the monitoring wells
that are in place. These plans will be prepared according to DEH Site Assessment and
Mitigation (SAM) guidelines (2005) and submitted to the DEH for approval.
4 of 10
A health and safety plan for field personnel at the site will be prepared. The plan will
include potential physical and chemical hazards that may be encountered by personnel
during drilling, excavating, and sampling activities. The plan will also include
appropriate protective equipment, air monitoring devices, and emergency response
procedures for the anticipated site -specific hazards.
A community health and safety plan that reflects the City's planned site clean-up
activities will also be prepared and be housed at the public library in the City of National
City under the community right -to -know act.
The work plan will summarize the specific tasks designed to achieve the objectives and
will describe field activities, methodologies for sample collection, various laboratory
analyses required to test groundwater and soil samples. This work plan will also include
a site plan illustrating current UST and monitoring well locations. This work plan will be
submitted for approval, to Jim Schuck at DEH, prior to commencement of any field
activity.
The lump sum cost for preparing the Plans, including labor, materials, and expendables is
$3,300.
Task 3—Preparation for the UST Removal, Four UST Removal, Contaminated Soil
and Groundwater Removal
Construction activities at the project site will occur in two phases: Phase one will include
tank removal. Phase two will include soil excavation and trenching and disposal of
contaminated soil and water. Phase two will be conducted at the location where four
USTs were removed and at the location where two USTs were previously removed on
July 27, 2005. To accomplish this task, the following tasks will be performed:
• Utility Search and Mark out;
• Preparation and submission of all required permit applications pertaining to tank
removal from the DEH and the City of National City Fire Department (NCFD);
• Notify and coordinate with DEH and NCFD;
• Provide safety barricades and chain link fence around excavation;
• Sawcut, demo, and removal of asphalt surface over USTs and piping;
• Excavate over USTs and piping to prepare for removal;
• Remove and dispose USTs and the associated piping;
• Trench around the location where UST was removed on 7/27/05;
• Trench around the piping area that was removed on 7/27/05;
• Backfill and compact the excavated areas with either clean excavated soil and/or
with clean imported fill material to make up the void;
• Soil compaction testing;
• Clean the work site upon UST removal; and
• Subcontractor management
5 of 10
RORE will obtain the necessary permits to remove all four USTs and associated piping.
Approval of the permits by the DEH is expected to require approximately 10-15 business
days. RORE will notify Underground Service Alert to identify potential subsurface
utility hazards.
UST removal services by the UST removal Contractor will include labor, equipment, and
consumables to expose, properly decontaminate, remove all USTs (four slung -filled),
dispose USTs at a State -certified facility, backfill the excavation site, compact soil to
90% grade, and resurface with asphalt.
Also, per DEH, a trench around the UST, which was removed on July 27, 2005, and its
associated piping area, will be necessary for soil sampling. Trenching around the
removed UST will be approximately 2' x 100' x 10'deep and around the removed piping
area will be approximately 4' x 130' long x 5' deep.
Contaminated groundwater that is encountered during the UST removal activities will be
pumped, stored, and disposed of according to SAM guidelines.
RORE will collect representative backfill material and conduct a Standard Proctor Test
and verify field compaction.
The total estimated cost for Task 3 is $109,035. A cost breakdown is included in the
Cost Estimate Summary Section.
Task 4-Monitoring Well Abandonment
Monitoring wells (MW 1, MW2, MW3) need to be abandoned because of their proximity
to the UST removal activities and their unusable condition based upon previous reports
and discussion with DEH.
Please note that per DEH's letter dated July 14, 2005, RORE will not measure water
levels during fluctuating tidal conditions because three of the monitoring wells will be
decommissioned. This task will be performed at a later date when additional monitoring
wells will be installed. There is no cost associated with the water level measurement in
this proposal.
The estimated cost for permitting, abandoning the monitoring wells, soil sampling, and
waste disposal is $5,833.
Task 5—Soil Sampling, Testing, and Analyses
During over -excavation, soil samples will be analyzed using an on -site mobile laboratory
and a stationary laboratory. A mobile lab will be used depending on the sample analysis
time requirement and the condition of the visible contamination.
6 of 10
Both mobile and stationary labs are state -certified analytical laboratories. Per DEH, soil
samples will be analyzed for full range, extended total petroleum hydrocarbons such as
gasoline and diesel (TPH-g, TPH-d) and motor oil, EPA Method 8260B for BTEX and
other fuel oxygenates. Currently, 50 samples are estimated to be collected and analyzed.
The estimated cost for soil and groundwater analyses, including mobile and stationary
laboratories is $12,547.
Task 6-UST Closure and Post -UST Removal Assessment Report
To satisfy DEH requirements in its letter dated July 14, 2005, RORE will prepare a
detailed report that documents the activities, soil sampling data, UST removal and
disposal, conclusions and recommendations for additional work elements, if necessary.
The report will include site identification, background data, site plan, sampling
procedures, laboratory analytic reports, field work summary, waste manifests,
conclusions and recommendations, and figures detailing UST site and soil sample
locations.
The estimated lump sum cost to prepare and submit two copies of the report, including
labor, materials, and expendables, is $5,990.
Task 7-Project Management, including Meetings with Client and DEH
Project Management includes meetings with the client and DEH project manager, regular
communications with client and contractor, scheduling and coordination with contractor
and client, project quality and cost control monitoring, and cost review and invoice
generation.
The lump sum cost for project management, including labor, materials, travel, and
expendables, is $13,500.
PROJECT ASSUMPTIONS
1. All four USTs at the Public Works Yard will be removed.
2. USTs are only filled with clean slurry.
3. Monitoring wells (MW1, MW2, MW3) will be abandoned.
4. Contaminated groundwater will be encountered.
5. Contaminated soil will be non -hazardous, and therefore, will be disposed of at the
San Diego landfill.
6. Following tank removal, the area will be resurfaced with asphalt.
7. Amount of excavated soil will be about 140 tons (200 cubic yards) or less.
8. Work will be performed during normal business days and hours; additional
charges may apply for work on weekends and holidays.
9. One copy of the final report will be submitted to the Client and one copy to DEH.
10. This cost proposal includes no more than two meetings with DEH; each meeting
is scheduled to last two hours.
7 of 10
PROJECT SCHEDULE
Following DEH permit and work plan approval, the estimated time to complete the above
tasks is as follows:
Task
Number
Activity
Estimated Time to
Complete Each Task
1
File Review
3 days; task completed
2
Community Health & Safety Plan, Site
Specific Health & Safety Plans, Work Plan,
Specifications
2 weeks
3,4,5
Monitoring Well Abandonment, UST
Removal, Backfill and compaction, Soil
Analyses
2 weeks
6
Report Preparation, Submission
3 weeks
8of10
COST ESTIMATE SUMMARY
I. REQUIRED ITEMS
RORE
Task
Activity
Estimated Cost
Number
($)
1
File Review
1,645
2
Community and
3,300
S
Site -Specific Health & Safety Plans, Work Plan
3
UST Removal 4 USTs, i in
41,000
Contaminated Soil Excavation
2
21,725
Fill materiel (,$29/ton x 140 tons_______.._...._.......,060
__..
Export, Load non -hazardous contaminated soil to San
9,100
Diegolandfill ($65/ton x 140 tons)
Trenching around UST removed on 7/27/2005
6,710
Trenching around the piping removed on 7/27/05
7,590
Environmental Technician and truck (12 dys)
8,770
Soil compaction testing and verification
3,000
2,080
Site Superintendent (3 days)
Groundwater pur nz anddisposal
5
5,000
109,035
S
Sub Total
4
Monitoring_Well Abandonment _ _
4,050
383
--"
Permitting
3 soil samples
600
Waste Disposal (4 drums) for monitoring_wells
800
S
Sub Total
5,833
5
Mobile & Stationary Laboratory; sample analyses
12,547
6
UST Closure, Post -Assessment Reports
5,990
7
Project Management
13,500
TOTAL
151,850
This estimate is based upon the following assumptions:
• At most, 200 cubic yards (140 tons) of contaminated soil will be excavated.
• No more than 850 square feet will be resurfaced.
• Construction -related tasks will last at least two full weeks.
• Mobile laboratory will be required for three days only
• RORE staff will be on -site for a total of 12 days.
Please note that 80% of the above total is construction and laboratory -related cost.
9 of 10
II. OPTIONAL ITEMS THAT MAY BE NECESSARY IF SITE CONDITIONS
WARRANT
Task
Number
Activity
RORE
Estimated Cost
($) .
Export, Load contaminated soil to Copper Mountain,
4,900
AZ ($35/ton x 140 tons).
Demo and removal of concrete slabs beneath USTs
4,620
Remove and replace storm drain over USTs
4 ,950
Remove and replace sewer__line over USTs___ _
6820
R
Remove and replace water line over USTs
1,320
TOTAL
22,610
RORE is committed to meeting City of National City's needs. Consequently, if your
needs change as this project progresses, RORE will be happy to accommodate your
changes and modify the proposal accordingly. As in the past, RORE will work diligently
with your team, and with the regulators to accomplish your goal of removing the USTs
and receiving case closure status from the County of San Diego DEH as soon as possible.
If you have any questions regarding this proposal, please contact me at 858-483-8625,
ext. 12. We look forward to hear from you, and we look forward to get this project site
closed!
Thanks so much!
Sincerely,
V
Gita Murthy, Ph.D.
Project Director
10 of 10
ENVIRONMENTAL SCIENCE & ENGINEERING
1640 Collingwood Drive • San Diego, California 92109-2239 • 858.483.8625 • Fax 858.483.4583 • www.roreinc.com
RORE, Inc. is a woman -owned emerging small business specializing in environmental science
and engineering. Based in San Diego, CA, RORE is dedicated to providing outstanding customer
service and quality in areas related to environmental engineering, assessment, restoration,
hazardous and solid waste management, asbestos and lead -based paint assessments,
innovative remediation technologies, health and safety, ergonomics, program management,
construction management, and public outreach. RORE helps government and private sector
clients achieve their goals and comply with environmental regulations by investigating, managing,
mitigating, and resolving their environmental concerns.
RORE personnel include qualified and experienced engineers, geologists, chemists, biologists,
toxicologists, and risk assessors. These personnel are highly qualified to perform site
assessments, feasibility studies, regulatory compliance, soil and groundwater remediation,
hazardous waste management, health and safety training, and ergonomics training and
workstation evaluations.
RORE provides comprehensive environmental consulting to private and public sector clients.
Services include site assessments, investigations, feasibility studies, and pilot tests, design of
remediation systems, construction, operation and maintenance through case closure, and options
for innovative and cost-effective remedial solutions.
Other related services include:
• Geotechnical and foundation engineering services
• Civil and structural design and construction management
• Underground storage tank (UST) testing and removal
• Compliance of UST installation, operation and maintenance
• Ground water resource studies
• Asbestos and Lead -based paint Assessment
• RCRA-permitting and Compliance -related work
• Brownfields-related studies
RORE has provided services all across the State of California ranging from Crescent City to
National City. Our service areas can extend out to Nevada and Arizona as well!
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
January 17, 2006
Gita Murphy, Ph.D
Rore Inc.
1640 Collingwood Drive
Sam Diego, CA 92109
Dear Dr. Murphy,
On November 15, 2005, Resolution No. 2005-246 was passed and
adopted by the City Council of the City of National City, awarding a contract
to Rore Environmental Science & Engineering in the amount of $174,460
for the removal of four underground storage tanks to conduct a Subsurface
Site Assessment and to Implement Remediation per requirements of the
County Of San Diego Department of Environmental Health at the Public
Works yard located at 2100 Hoover Avenue.
Enclosed you will find a certified copy of the above Resolution and one
copy of the contract.
Michael R. Dalla
City Clerk
MRD/Iw
Enclosure
File No. C2005-68 A63,26
C/cv.�-68"
® Recycled Paper