HomeMy WebLinkAbout2006 CON Rore Environmental - Underground Fuel Tank Removal Contract ModificationNOTE TO FILE
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7AGREEMENT/ CONTRACT
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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 (DEN 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
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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
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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 shalt 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
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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
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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.
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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-
ment.
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.
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For purposes of determining who is to be considered the prevailing party,
it is stipulated that attomey'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 attomey's fees incurred by the prevailing
party.
18. MEDIATIONIARBITRATION. 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.
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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, (li) 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
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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.
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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 Inzunza, Mayor (Name)
GGo
APPROVED AS TO FORM:
(Title)
By:
George H. Eiser, Ill (Name)
City Attorney
G
(Title)
ENVIRONMENTAL 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 (DEII 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 Schack at the Department of Environmental Health (DELI) 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.
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.
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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 DE11.
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 UJS 1' and a case history of the site arc as follows:
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Tank
UST
Depth from
Surface to Bottom
of Tank
Status
I
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
I1' l 1"
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/1,.
On January 23, 1987, the l)EH 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 VSTs (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 1)-N 2/1/2) were advanced near the fuel dispensing island. On October 27,
2003, soil borings (B- I and F3-2) were advanced near the "proposed building," and on
November 22, 2004, a fourth monitoring well (N1W-4 depth 15'bgs, screen 4.5' I4.5'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.
RORE
3oft0
P3
•
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 11STs 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, R.ORE reviewed the DEH tiles 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 Gcocon report documenting contamination (Geocon, October 2003).
Because there were no further references or details about these findings, DELI 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 flan to Remove Four (IS7s and to Decommission Three Monitoring Wells
RORI', will prepare a Community I lealth & 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 he prepared according to DEll Site Assessment and
Mitigation (SAM) guidelines (2005) and submitted to the I)E,II for approval.
RORE
4of10
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 US"I' 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 he conducted at the location where four
USfs were removed and at the location where two liSTs 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 (NCF));
• Notify and coordinate with DELI and NCFD;
• Provide safety barricades and chain link fence around excavation;
• Sawcut, demo, and removal of asphalt surface over USTs and piping;
• Excavate over UJSfs and piping to prepare for removal;
• Remove and dispose US1's 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;
• Liackfill 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 manaccement
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, backlit' 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 I, 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 DEl I.
Please note that per DEI l'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 he analyzed using an on -site mobile laboratory
and a stationary laboratory. A mobile lab will he used depending on the sample analysis
time requirement and the condition of the visible contamination.
CO
hof10
Both mobile and stationary labs are state -certified analytical laboratories. Per DELI, 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, ROBE 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 fix project management, including labor, materials, travel, and
expendables, is $13,500.
PROJECT ASSUMPTIONS
1. All four USTs at the Public Works Yard will be removed.
2. lJSTs are only filled with clean slurry.
3. Monitoring wells WW1, MW2, MW3) will he abandoned.
4. Contaminated groundwater will be encountered.
5. Contaminated soil will be non -hazardous, and therefore, will be disposed of at the
San Diego landfill.
6. Following tank removal, the area will be resurfaced with asphalt.
7. Amount of excavated soil will be about 140 tons (200 cubic yards) or less.
8. Work will be performed during normal business days and hours; additional
charges may apply for work on weekends and holidays.
9. One copy of the final report will be submitted to the Client and one copy to Dili.
10. This cost proposal includes no more than two meetings with I )I-;H; each meeting
is scheduled to last tvtio hours.
oi..
7 of 10
PROJECT SCHEDULE
Following DEH permit and work plan approval, the estimated time to complete the above
tasks is as follows:
Task
Number
Activity
Estimated Time to
Complete Each Task
File Review
3 days; task completed
2
Community Health & Safety Plan, Site
Specific Health & Safety Plans, Work Plan,
Specifications
2 weeks
3,4,5
Monitoring Well Abandonment, UST
Removal, Backfill and compaction, Soil
Analyses
2 weeks
6
Report Preparation, Submission
3 weeks
8 of 10
gff
COST ESTIMATE SUMMARY
I. REQUIRED ITEMS
Cask — ,
Number
Activity
BORE
Estimated Cost
($)
1
File Review
1,645
2
Community and
Site -Specific Health & Safety Plans, Work Plan
3,300
3
UST Removalk4 USTs, piping)
41,000 ____
Contaminated Soil Excavation
21,725
Fill material ($29/ton x 140 tons)
4,060 -
Export, Load non -hazardous contaminated soil to San
Diego landfill ($65/ton x 140 tons)
9,100
--- ---------------
6,710
------
Trenching around UST removed on 7/27/2005
Trenching around the piping removed on 7/27/05
7,590
Environmental Technician and truck (12 days)
8,770 -_
Soil compaction testing_and verification
3,000
2,080
5,000
Superintendent (3 days)
_Site
Groundwater purging and d posal _
Sub Total
109,035
4
Monitoring Well Abandonment
4,050
383
600
800_— —
5,833
Permitting_
3 soil samples
Waste Disposal (4 drums) for monitoring_ wells_
Sub Total
_
S_
Mobile & Stationary Laboratory; sat ple analyses
12,547
6
UST Closure, Post -Assessment Reports
5,990
7
Project Management
13,500
TOTAL •
151,850
This estimate is based upon the following assumptions:
• At most, 200 cubic yards (140 tons) of contaminated soil will be excavated.
• Nu inure than 850 square feet will he resurfaced.
• Construction -related tasks will last at least two full weeks.
• Mobile laboratory will be requited fur three days only
• RORE. staff will he on -site for a total of 12 days.
Please note that 80% of the above total is construction and laboratory -related cost.
9 of 10
0?9
II. OPTIONAL ITEMS THAT MAY BE NECESSARY IF SITE CONDITIONS
WARRANT
Task
Number
Activity
RORE
Estimated Cost
($)
Export, Load contaminated soil to Copper Mountain,
AZ ($35/ton x 140 tons)
4,900
4,620
Demo and removal of concrete slabs beneath USTs
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,�
ce
Ciita Murthy, Ph.D.
Project Director
10 of 10
ENVIRONMENTAL SCIENCE & ENGINEERING
1640 C:ollingwood lhive • San Diego, California 92109-2239 • 858.483.8625 • Fax 858.483.4583 • www.roreinc.crnn
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!
ENVIRONMENTAL. SCIENCE & ENGINEERING
1640 Co11ing\+ood I )rive • San I )iego. California 921(19-2239 • 858.483.8625 • Fax 858.483.4583 •
wwve.roreinc.cum
March 9, 2006
Mr. Stephen Kirkpatrick
City Engineer
City of National City, Engineering Department
1243 National City Blvd.
National City, CA 91950-4301
RE: Modification to the Proposal Dated October 27, 2005 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 (DEII Case No. H05081-
001)
Dear Mr. Kirkpatrick:
Per our discussion on Monday February 27, 2006, RORE hereby submits the revised cost
proposal to cover additional costs for the removal of four slurry -filled underground
storage tanks (USTs) at the above -referenced site.
The following proposal is presented in three Parts. Part I is a modification to the
estimated costs that were proposed in the letter dated October 27, 2005. Part II includes
additional work for installing new monitoring wells to monitor groundwater quality of the
area that contained the four USTs. Please note that DEH has instructed RORE to proceed
on the monitoring well installation phase at the project site.
Please also note that much of the costs incurred by the City of National City for the
removal of the 4 US1's most likely will be reimbursed through the State of California
Underground Storage Tank Cleanup Fund Program since this work is approved by DEII.
To obtain a reimbursement, a detailed application form and claims application per project
site need to be completed. A cost for assisting National City with the reimbursement is
detailed in Part III.
RORE, Inc.
Part I: Removal of 4 Underground Storage Tanks (USTs)
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. The USTs that used to store
gasoline, diesel fuel, motor oil, waste oil, and lubricating oil were removed on Monday
February 27, 2006. The UST dimensions were as follows:
Tank
LUST
Depth from
Surface to Bottom
of Tank
Status
1
10,000-gal-regular gasoline
13'4"
Removed, 2/27/06
2
3,000-gal diesel
1 l' l 1"
Removed, 2/27/06
3
3,000-gal ethyl gasoline
11' I I"
Removed, 2/27/06
4
550-gal motor oil
7'0"
Removed, 2/27/06
The reason for the cost over -run for the removal of the 4 USTs is because the actual
volume of contaminated soil (--540 tons) exceeded the estimated volume (-140 tons).
Because the volume of contaminated soil was greater than once estimated, the amount of
fill material is greater and the subsequent cost to haul, transport, and dispose of at an
appropriate landfill is also greater.
PROPOSED SCOPE OF SERVICES
The following sub -sections lists the original cost estimate for each task as outlined in the
proposal dated October 27, 2005, the modified increase, if any, and comments related to
each task.
Task 1—File Review
Task
No.
1
Activity
File Review
Original
Cost
Estimate ($) Modification
1,645
0
Comments
100'% complete
Task 2--Community health & Safety Plan, Site -Specific Health & Safety Plan, and
Work Plan to Remove Four USTs and to Decommission Three Monitoring Wells
Task
No.
Activity
Community and
Site -Specific Health &
Safety Plans, Work
Plan
Original Cost
Estimate ($) Modification
3,300 0
Comments
100% complete
RORE, Inc. 2
Tusk 3—Preparation for the UST Removal, Four UST Removal, Contaminated Soil
and Groundwater Removal
Task
No.
Activity
UST Removal (4 11S l's, piping)
Original
Estimate
($)
41,000
Contaminated Soil Excavation
Fill material ($29/ton x 140 tons)
Export, load non -hazardous
contaminated soil to San Diego
landfill ($65/ton x 140 tons)
Cost
Modification
Credit
3,000
21,725 4,543
4,060 11,600
9,100
Trenching around 11ST removed
on 7/27/2005
Trenching around the piping
removed on 7/27/05
Environmental Technician and
truck (12 days)
6,710
26,000
Continents
Additional asphalt to
resurface (1,250 sq ft
required vs. 850 sq ft)
Over -excavation,
additional day for
e.uipment, materials
Additional void (400
tons) to fill
Additional 400 tons of
non-haz soil, stockpile
awaiting sample results
and data analysis
(6,710)
7,590
8,770
Soil compaction testing and
verification
3,000
Site Superintendent (3 days)
Groundwater purging and
disposal
Sub Total
2,080
5,000
(7,590)
0
109,035
0
0
Not required by DEH at
this time
Not required by DEll at
this time
30,843
Task 4—Monitoring Well Abandonment
Task
No.
4
Activity
Original
Estimate
($)
Monitoring Well Abandonment 5,833
Task 5—Soil Sampling, Testing, and Analyses
Task
No,
5
Activity
I.ahoratory sample analyses
Original
Estimate
($)
12,547
65% Billed
Cost
Modification
0
Cost
Modification
Comments
100% complete
Continents
5,833 Soil excavation;
additional samples to
analyze; 70% pilled
RORE, Inc. 3
,y t
Task 6—UST Closure and Post -UST Removal Assessment Report
Task
No.
Activity
Original
Estimate ($)
Cost
Modification
Comments
6
UST Closure, Post-
Assessment Report
5,990
2,000
Additional report
requirements impo:
t)I,I I
Task 7—Project Management, including Meetings with Client and DEH
Task
No.
7
_Activity
Project Management
ed by
Original
Estimate ($)
Cost
Modification
Comments
13,500
3,860
70% billed
In addition to these required Tasks, the original proposal included option items that were
approved by the City of National City. The modifications to these items are as follows:
Task
No.
Activity
Original
Estimate ($)
Cost
Modification
(Credit)
Comments
I
2
Export, Load contaminated
soil to Copper Mountain, AZ
($35/ton x 140 tons)
4,900
15,000
If contaminated, cost to
haul 400 tons of
contaminated soil,
Awaitin: sam le results
Demo and removal of concrete
slabs beneath USTs
4,620
(4,620)
Was not necessary'
3
Remove and replace storm
drain overtISTs
4,950
(4,450)
Patched storm drain;
concrete required for
patching ( cost is $500)
4
Remove and replace sewer
line over USTs
6,820
(6,820)
Was not necessary
5
Remove and replace water line
over USTs
1,320
(1,320)
Was not necessary
Sub Total
22,610
(2,210)
In summary, for Part I, the additional cost required for work that is mostly complete is
$40,326, which is above the $174,460 already approved by the City.
BORE, Inc.
4
35
Part II: Monitoring Well Installation
Item
Installation, Workplan, Report, including
_permits, field work, equipment, lab, report
Drilling, installation
II)W
Work plan
Well Permit
Cost
Estimate
($)
Comments
Required to proceed by DF.H at this
time
Field work (2 persons; 5 days/week)
Etc uipnrent
I .ah
Report
6,000
1,500
2,500
787
6,00(1
Project Management
Total
500
4,152
4,500
2,500
One monitoring event; additional
costs may apply if DEH requests
additional monitoring events
28,439
Part III: Preparation of CA State UST Cleanup Fund Reimbursement
To determine whether a case number exists for City of National City, and to prepare the
lengthy application form and claims application for each project site will require detailed
information from the City of National City. RORE will assume that it will have access to
personnel at National City who can assist with the application efforts. The lump sum cost
to process the reimbursement is $5,000. It may take RORE up to eight weeks to
complete the application. The City of National City will probably he reimbursed within
six to 12 months of receipt of the application.
For Parts I and II, the additional cost required is $68,765. Part IIl cost estimate is $5,000.
The removal of the IJSfs at the Public Works Yard project site was successfully
accomplished before the rain storm. DIE was at the project site to witness the removal
and to direct soil over -excavation and sampling. RORE will continue to work closely
with the City of National City and with the County of San Diego DEII to obtain case
closure as soon as possible.
Thank you again for giving us the opportunity to he of service to you. If you have any
questions regarding this proposal, please contact me at 858-483-8625, ext. 12.
Sincerely.
Gita Nlurthy, Ph.D.
Project Director
RORE. Inc.
Task
No,
2
3
APPENDIX A
MODIFIED COST ESTIMATE SUMMARY
Activity
File Review
Community and
Site -Specific Ilealth &
Safety Plans, Work Plan
UST Removal (4 USTs,
piping)_
('ontaminated
Excavation
Original
Estimate (5)
l 645
3,300
Soil
Pill material (529/ton x 140
tons)
Export, Load non-
hazardous contaminated
soil to San Diego landfill
($65/ton x 140 tons)
Trenching around 11Sl'
removed on 7/27/2005
41,000
21,725
4,060
9,100
Trenching around the piping
removed on 7/27/05
Environmental Technician
and truck (12 days)
Soil compaction testing and
verification
6,710
7,590
Cost
Modification
(Credit)
0
0
Comments
100% complete
100% complete
3,000
4,543
11,600
26,000
Additional asphalt to resurface
Over -excavation, additional day
for equipment, materials
Additional void (400 tons) to till
(6,710)
8,770
Site Superintendent (3 days)
Groundwater purging and
disposal
Sub Total
3,000
(7,590)
400 tons non-haz soil, awaiting
sample results
Not required by DEH at this time
2,080
Monitoring
Abandonment
Permitting
5,000
113,980
Well
Soil samples
4,050
Not required by DEH at this time
30,843
Waste Disposal (4 drums)
for monitoring wells
Sub Total
383
600
800
65% billed
5,833
Mobile & Stationary
Laboratory; sample analyses
6 UST Closure, Post -
Assessment Reports
7 Project Management
Sub Total
12,547
5,990
13,500
32,037
0 100% complete
5,833 Additional soil excavation;
additional samples required; 70%
billed
2,000 Additional report requirements
required by DE11
3,860 70% billed
1.1,693
RORE, Inc. 6
Optional Items:
Task
No.
Activity
Export, Load contaminated
soil to Copper Mountain, A!.
($35/ton x 140 tons)
Demo and removal of concrete
slabs beneath USTs
Remove and replace storm
drain over USTs
Remove and replace sewer
line over USTs
Remove and replace water line
over USTs
Sub Total
Cost
Original Modification
Estimate (Credit)
($)
4,900 15,000
4,620 (4,620)
4,950
(4,450)
6,820
(6,820)
1,320
22,610
(1,320)
Comments
If contaminated, cost to haul 400
tons of contaminated soil,
Awaiting sample results
Was not necessary
Patched storm drain; concrete
required for patching ( cost is
$500)
Was not necessary
Was nut necessary.
(2,210)
Phase II: New Monitoring Well Installation
Item
Cost
Estimate ($)
Installation, Workplan,
including permits, field
equipment, lab, report
Drilling, installation
1DW
Report,
work,
6,000
1,500
Workplan
Well Permit
Field work (2 persons; 5 days/week)
Equipment
Lab
Report
Pro'ect Management
TOTAL
2,500
787
6,000
500
Comments
Required to proceed on this Phase by DEH at
this time
4,152
4,500
2,500
Only one monitoring event
28,439
Phase III: Preparation of Reimbursement Request from State UST Cleanup Fund
Lump sum cost of $5,000.
IMRE, Inc. 7
03/23/2006 11:15AM CITY OF NATIONAL CITY
7/1/05 through 6/30/2006
001 GENERAL FUND
409 NON -DEPARTMENTAL
Account Number
000-500 Capital Outlay
000-501-0000 MECHANICAL OFFICE EQUIPMENT
000-516-0000 STREET LIGHTS AND SIGNALS
Total Capital Outlay
000-600 Refunds, Contributions & Special Paymnts
000-620-0000 RETURN OF FEES
000-650-9001 CHAMBER OF COMMERCE
000-650-9002 MAYTIME BAND REVIEW
000-650-9003 MISS NATIONAL CITY
000-650-9004 INDEPENDENCE DAY FIREWORKS
000-650-9005 SANDAG
000-650-9006 HOLIDAY BOWL FLOAT
000-650-9008 SISTER CITIES
000-650-9009 FILIPINO PARADE
000-650-9010 SO. BAY YOUTH SERVICE BUREAU
000-650-9012 INTERNATIONAL PARADE EVENT
000-650-9013 PEPPER PARK PORT CONCERT
000-650-9014 EMPLOYEE HOME OWNERSHIP PROGRAM
000-650-9015 NATIONAL CITY COMMUNITY CONCERT BAND
000-650-9043 ARMED FORCES SALUTE
000-65G-9045 GRAFFITI CONTROL
000-650-9099 OTHER CONTRIBUTIONS
000-660-7056 NPDES STORMWATER PERMIT
Total Refunds, Cort•ibutions & Special Paymnts
000-700 Internal Service Cnarges and Reserves
000-710-0000 PROVISION FOR CONTINGENCY
000-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE
Total Internal Service Charges and Reserves
000-900 Fund Deductions (Non -Expenditures)
Adjusted Year-to-date Year-to-date Prct
Appropriation Expenditures Expenditures Encumbrances Balance Used
0.00 0.00 0.00 0.00 0.00
27,200.00 0.00 0.00 27,200.00 0.00
27,200.00 0.00 0.00 27,200.00 0.00
5,340.00 0.00 0.00 0.00 5,340.00
45.000.00 33,749.98 33,749.98 0.00 11,250.02
0.00 0.00 0.00 0.00 0.00
1,450.00 0.00 0.00 0.00 1,450.00
6,250.00 6,250.00 6,250.00 0.00 0.00
18,000.00 11,441.00 11,441.00 0.00 6,559.00
3,000.00 3,000.00 3,000.00 0.00 0.00
630.00 0.00 0.00 0 00 630.00
5,000.00 0.00 0.00 0.00 5,000.00
0.00 0.00 0.00 0.00 0.00
13,000.00 0.00 0.00 0.00 13,000.00
22,500.00 20.771.00 20,771.00 0.00 1,729.00
100,000.00 0.00 0.00 0.00 100,000.00
25,880.00 0.00 0.00 0.00 25.880.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00 0.00
0.00 0.00 0.00 0 00 0.00
246,050.00 75,211.98 75,211.98 0.00 170,838.02
0.00
100.00
100.00
0.00
75.00
0.00
0.00
100.00
63.56
100.00
0.00
0.00
0.00
0.00
92.32
0.00
0.00
0.00
0.00
0.00
0.00
30.57
378.614.00 23,110.00 23.110.00 0.00 355,504.00 6.10
0.00 0.00 0.00 0.00 0.00 0.00
378,614.00 23,110.00 23,110.00 0.00 355,504.00 6.10
Page: 2
RESOLUTION NO. 2006 — 63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TRANSFERRING $73,765 FROM THE NON -DEPARTMENTAL PROVISION FOR
CONTINGENCY ACCOUNT, ACCOUNT NUMBER 001-409-710 TO ACCOUNT
NUMBER 196-409-500-598-1156, AND APPROVING AN AMENDMENT TO THE SCOPE OF
SERVICES UNDER AN AGREEMENT DATED NOVEMBER 15, 2005 WITH RORE
ENVIRONMENTAL SCIENCE AND ENGINEERING IN THE SAME AMOUNT FOR ADDITIONAL
WORK REQUIRED BY SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH
ASSOCIATED WITH THE REMOVAL OF THE FOUR UNDERGROUND FUEL
STORAGE TANKS AT THE PUBLIC WORKS YARD.
WHEREAS, pursuant to Resolution No. 2005-246, adopted on November 15,
2005, the City Council authorized an agreement with Rore Environmental Science and
Engineering to remove four underground storage tanks at the Public Works Yard; and
WHEREAS, during the excavation of the tanks it was discovered that the tanks
had leaked more than originally anticipated, and at the direction of the San Diego County
Department of Environmental Health (DEH), the City instructed Rore Environmental Science
and Engineering to remove additional soil, which totaled 400 tons; and
WHEREAS, DEH has directed that three monitoring wells be installed and
monitored to ensure that removal of the soil has cleared the site so that it may be closed; and
WHEREAS, it has been proposed that the scope of services under the original
agreement with Rore Environmental Science and Engineering be amended to include additional
work for the removal of the additional 400 tons of soil, to include the installation and monitoring
of the required monitoring wells, and to authorize Rore Environmental Science and Engineering
to prepare application forms to submit to the State for the City to receive reimbursement for the
clean-up from the State's Underground Storage Tank Clean -Up Fund, all as set forth in a letter
dated March 9, 2006 from Rore Environmental Science and Engineering to the City Engineer;
and
WHEREAS, it is necessary to transfer $73,765 from the Non -Departmental
Provision for Contingency Account, Account No. 001-409-710 to Account No. 196-409-500-598-
1156 to pay for the additional services to be performed under the amended scope of services
until state grant funds are received.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves an amendment to the scope of services under an agreement
dated November 15, 2005 with Rore Environmental Science and Engineering, as set forth in a
letter dated March 9, 2006 from Rore Environmental Science and Engineering to the City
Engineer.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the
transfer of $73,765 from the Non -Departmental Provision for Contingency Account, Account No.
001-409-710 to Account No. 196-409-500-598-1156.
-- Signature Page to Follow ---
Resolution No. 2006 — 63
April 4, 2006
Page 2
PASSED and ADOPTED this 4th day of April, 2006.
Nick Inzunor
ATTEST:
A
Mic .el R. Dalla, ity Clerk
APPROVED AS TO FORM:
•
George H. Eiser, Ill
City Attorney
Passed and adopted by the Council of the City of National City, California, on April 4,
2006, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of Natioglal City, California
4
City CI
rk of the it4 of,
atiorial City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2006-63 of the City of National City, California, passed and adopted
by the Council of said City on April 4, 2006.
City Clerk of the City of National City, California
By:
Deputy
C aoo5- 6%
City of National City, California
COUNCIL AGENDA STATEMENT
April 4, 2006
MEETING DATE
6
AGENDA ITEM NO.
ITEM TITLE Resolution of the City of National City Allocating $73,765 from the Non -Departmental Provision for
Contingency Account Number 001-409-710 to Account Number 196-409-500-598-1156; and approving a contract
modification with Rote Environmental in the same amount for additional work required by Sari Diego Department of
Environmental Health associated with the removal of the four underground fuel storage tanks at the Public Works Yard.
PREPARED BY Stephen Kirkpatrick
EXPLANATION
DEPARTMENT
Sec attached.
Engineering Ext. 4383
Environmental Review
Financial Statement
>STAFF RECOMMENDATION ram'
X N/A
It is recommended that $73,765 be transferred from the Non-DepartmeOtal rovision for Contingency Account
Number 001-409-710 to Account Number 196-409-500-598-1156. ��f�/J^�/
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
Account No.
ATTACHMENTS
( Listed Below) Resolution No. nQ o o (p "(A 2J
1. Resolution 2. November 15, 2005 Council Report 3. Contract Modification Letter
A-200 (9/80)