Attachment 3TRINITY .
source group inc.
HEADQUARTERS:
119 Encinal Street
Santa Cruz, California 95060
Phone: (831) 426 -5600
Fax: (831) 426 -5602
CLERK DEPAR MICNT
AGR—
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ORD
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CLIENT CONTRACT /P.O. Not APlo]ca a —°"y`°°
Trinity Project No. MKT2015
TRINITY OFFICE PERFORMING WORK:
Santa Cruz, CA
AUTHORIZATION FOR
ENVIRONMENTAL INVESTIGATION AND CONTRACTING SERVICES
CLIENT: Name Jim Harbin
Company Town of Los Gatos
Address 41 Miles Avenue
City Los Gatos State California Z
Phone 408- 395 -5310 Email: JHarbin @losgatosca.gov
Signing of this Authorization by CLIENT and CONSULTANT (Trinity Source Group, Inc. [Trinity]) authorizes CONSULTANT to complete
the Services as described below in consideration of the mutual covenants set forth herein.
PROJECT NAME: The Services described below are to be provided by CONSULTANT in connection with a Project identified as
follows: Perform environmental consulting services at the Town of Los Gatos Corporation Yard, 41 Miles Ave., Los Gatos, California.
SCOPE OF SERVICES: CONSULTANT will perform the services indicated below:
Services as described in attached correspondence dated
Services as described in attached Scope of Services date
Services described below for a time and materials fee:
FEE FOR SERVICES: CONSULTANT's fee for Services identified above shall be as indicated below:
X A Time and Materials fee of $12,500 based on personnel, equipment and expense rates set forth on the attached Trinity
2014 -2015 Fee Schedule. Trinity will not exceed the aforementioned time and materials cost without prior approval from
CLIENT.
A lump sum fixed fee of $ _.
A lump sum fixed fee of $ plus other direct costs and expenses billed at cost plus 15 %.
Other (specify)
RETAINER: $0.00 for this initial work scope; a retainer may apply for future work authorizations.
PROGRESS PAYMENTS: x Apply _ Do not apply
CLIENT AND CONSULTANT acknowledge that they are in agreement with the terms and conditions as set forth on the attached Terms
and Conditions.
DISTRIBUTION: TRINITY Contracts Client Project File Page 1 of 3
Contracting Agreement Short Form – Rev 2014
APPROVED FOR CLIENT:
a
Signatures:
ACCEPTED FOR CONSULTANT:
Signature:
Names: 1_ UV V16 Name: David A. Reinsma
Titles: rlbzdVVIA i a) A MLLK r Title: President and Principal Geologist
Date: Date: May 13, 2015
1. TIME PERIOD FOR PERFORMANCE: TRINITY will commence Services as specified in the Scope of Services, and will complete such Services in
a diligent manner. TRINITY will not be responsible for delays caused by factors beyond TRINITY's control which could not readily have been
foreseen when this Authorization was received.
2. EXTRA SERVICES: TRINITY will perform Extra Services not specified in the Scope of Services, provided TRINITY and CLIENT have agreed to
the scope and fee of such services in writing.
3. TIME OF PAYMENTS: TRINITY will submit monthly invoices for unbilled portion of Services or Extra Services actually completed. CLIENT agrees
to pay the invoiced amount within 30 days from date of invoice. Any payment not received by TRINITY within said 30 days shall be considered
delinquent and the amounts due TRINITY shall accrue a late charge of 1 - 112 % per month for each month from date of invoice. In the event any
payment due TRINITY under the terms of this Authorization is delinquent, TRINITY may suspend all services until all delinquent payments have
been received.
4. TAXES: Fees quoted do not include any state, federal or local applicable taxes, and will be the responsibility of the CLIENT excluding payroll taxes
associated with TRINITY's anti /or our subcontractors labor.
5. STANDARD OF PERFORMANCE: TRINITY shall perform its services in accordance with generally accepted engineering and consulting
standards in effect at the time services were performed. TRINITY makes no other warranty, express or implied.
6. ENVIRONMENTAL ASSESSMENTS: TRINITY's Phase 1 reports present professional opinions and findings of a scientific and technical nature.
While attempts have been made to relate the data and findings to applicable environmental laws and regulations, the report shall not be construed
to offer legal opinion or representations as to the requirements of, or compliance with environmental laws, rules or policies of federal, state or local
government agencies.
7. CONSULTANT'S LIABILITY: TRINITY shall perform its work as an independent contractor, and shall have responsibility for and control over
details and means of the performance for the work described in the Scope of Work. TRINITY is not the agent of the CLIENT when performing this
Agreement, unless agreed to by TRINITY and CLIENT in writing and only to the extent expressly agreed to by TRINITY. TRINITY's aggregate
liability for damages arising out of the services rendered pursuant to this Agreement, whether arising out of tort or contract, is limited to an amount
not to exceed $50,000 or the total gross billings of TRINITY to the CLIENT hereunder, whichever is more. In the event that CLIENT desires to
increase the amount of liability, TRINITY may adjust this limitation upon written agreement provided CLIENT agrees to pay an additional fee to
TRINITY to offset this cost to TRINITY of this additional risk of liability. TRINITY is not liable for and consequential or indirect damages, including
but not limited to lost profits, loss of use of property and CLIENT's breach of other contracts. TRINITY will be responsible only for the activities of its
employees and for TRINITY's subcontractors.
8. CLIENT INDEMNIFICATION: CLIENT and TRINITY agree to indemnify and hold each other harmless from any claims, loss, injury, damage, fines,
causes of action, attorney's fees, costs and litigation expenses ( "claims ") asserted against or incurred by the indemnitee by any person or entity
including, without limitation, TRINITY's and CLIENT's employees) proximately caused by, in whole or in part, the indemnitors negligence or
intentional misconduct. When such claim is due to negligence or intentional misconduct of both TRINITY and CLIENT, each shall be entitled to
contribution from the other in proportion to their allocable shares of responsibility as determined by agreement or dispute resolution. Attorney's fees
and litigation expenses recoverable under this paragraph include fees and costs incurred in establishing a party's right to indemnification.
9. HAZARDOUS SUBSTANCES: If state or federally regulated hazardous, toxic or dangerous wastes as defined by state or federal regulations
hereinafter "wastes ") are encountered at the site, and if these "wastes" require handling, transportation or disposal at an off -site facility, TRINITY
will assist in advising the CLIENT of the CLIENT's options. However, TRINITY will not "arrange" (as defined in 42 U.S.C. 9607) for disposal of,
accept title to, sign manifests for, or take control of any "wastes ". CLIENT shall indemnify and hold TRINITY harmless from any claims, damages,
fines and fees, litigation or expenses, arising out of or in any way related to handling, transportation and disposal of any "wastes" in the course of
TRINITY's performance of this Agreement.
DISTRIBUTION: TRINITY Contracts Client Project File Page 2 of 3
Contracting Agreement Short Form — Rev 2014
10. CLIENT-PROVIDED INFORMATION: TRINITY is entitled to rely on all information furnished or to be furnished by CLIENT. CLIENT agrees to
defend and indemnify TRINITY, its officers, agents and employees from any and all claims of any kind arising out of or related to any claims causedbyorcontributedtobyanyerrorsoromissionsininformationprovidedtoTRINITY.
11. ACCESS, APPROVALS, PERMITS: CLIENT shall arrange for access and make all provisions for TRINITY to enter public and private property as
required for TRINITY to perform the specified services. CLIENT shall furnish approvals and permits from all governmental authorities having
jurisdiction over the Project and such approval and consent from others as maybe necessary. CLIENT is responsible for informing TRINITY of the
locations of any underground structures. TRINITY will not be responsible for inadvertent damages to utility lines or other subsurface structure that
were not made known to TRINITY prior to the start of drilling.
12. SAFETY: It is the responsibility of the CLIENT to provide and maintain a safe working environment for its employees, TRINITY's employees and
that of TRINITY's subcontractors, agents, the public and any other third party at the facility where TRINITY and TRINITY's subcontractors are to
perform their work. It is the responsibility of TRINITY and TRINITY's subcontractors to provide and maintain a safe working environment for the
CLIENT's facility and its employees, tenants and the general public during the course of TRINITY's and TRINITY' subcontractors work.
13. ASSIGNMENT: TRINITY shall not assign this Authorization (except for accounts receivable) without prior written consent of CLIENT, but may,
employ any other party it deems necessary or proper for any part of the work required to be performed by TRINITY under the terms of thisAuthorization.
14. TERMINATION: Either party may terminate this Authorization at any time upon seven (7) days prior written notice to the other. In such event,
TRINITY will be compensated for services actually performed under the Authorization to the termination date together with all reasonable costs
arising out of such termination.
15. APPLICABLE LAW: This contract shall be enforced in accordance with the laws of Santa Cruz County, State of California.
16. TIME LIMIT FOR CLAIMS: Any claim brought by CLIENT against TRINITY will be brought not later than one year after the date of substantial
completion of TRINITY's services hereunder or the expiration of the appropriate statue of limitation, whichever is earlier.
17. ATTORNEY'S, AGENT, OR, COLLECTION AGENCY FEES AND EXPENSES: In the event this Authorization should be referred to an attorney of
law, agent, or collection agency for collection, CLIENT agrees to pay such reasonable fees TRINITY may incur, in the collection hereof.
18. ENTIRE AGREEMENT: The Agreement (and any referenced attachments) constitute the entire agreement between CLIENT and TRINITY and
supersedes all prior or oral or written representations or agreements. This Agreement shall not be modified except in writing and signed by both
parties. If any provision of this Agreement is determined by a court to be invalid or unenforceable, the remainder of this Agreement shall remain in
full force and effect.
DISTRIBUTION: TRINITY Contracts Client Project File Page 3 of 3
Contracting Agreement Short Form — Rev 2014
TRINITY
2014 -2015 FEE SCHEDULE
TRINITY SOURCE GROUP, INC.
EMPLOYEE RATES
POSITION TITLE RATE /HOUR
Expert Witness 250
Principal Geologist 180
Principal Engineer 180
Senior Project Manager 175
Senior Engineer 165
Senior Geologist 165
Project Geologist 115
Project Engineer 115
Project Scientist 115
Staff Engineer 92
Staff Geologist 92
Staff Scientist 92
Technician II 77
Technician 1 72
Draftsperson 70
Administrative 60
SUBCONTRACTS. TRAVEL AND OTHER CHARGES
ITEMS AT NO CHARGE
Computer time
Fax charges
Document reproduction
OVERTIME
Overtime for hourly employees is 1.5x the standard billing rate as approved by client in advance.
Salaried employees are billed at the standard rate.
TRAVEL /PER DIEM
Travel time is charged in accordance with the above schedule, up to a maximum of 8 hours /day.
Mileage charge for a personal auto, and company owned truck or vehicle is $0.95 /mile.
Per diem charge is area specific, but shall not exceed reasonable lodging cost plus $60.00 /day.
SUBCONTRACTED AND MISCELLANEOUS CHARGES
Charges for certain outside services and expenses including, but not limited to, subcontractors, permit fees,
construction materials, rented vehicles and equipment, transportation on public carriers, and shipping charges
will be billed at cost plus 15 %.
119 ENCINAL ST., SANTA CRUZ, CALIFORNIA 95060 1 TEL: 831.426.5600 / FAX: 831.426.5602
WORK AUTHORIZATION No. 1
May 13, 2015
Issued Pursuant to Environmental Investigation and Contracting Agreement
Effective May 13, 2015
By and Between
Trinity Source Group, Inc. (Trinity)
and
Town of Los Gatos (CLIENT)
Client Office: 41 Miles Avenue Trinity Project No.: MK2015
Los Gatos, CA 95030 Work Order Type: T &M
Client Contact: Jim Harbin
Trinity Office: 119 Encinal Street
Santa Cruz, CA 95060
Trinity Contact: Debra Moser
1. SCOPE OF WORK:
Well Development, and Task 3 Conduct One Groundwater Monitoring
Event for Existing Wells, including conclusions and recommendations
for further work as needed
2. LOCATION /CLIENT FACILITY INVOLVED: Town of Los Gatos Corporation Yard, 41 Miles
Avenue, Los Gatos, CA
3. PERIOD OF PERFORMANCE: As per Proposal
4. AUTHORIZED FUNDING: $12,500 (estimated at $4,000 for Task 1, $2,500 for Task 2, and
6,000 for Task 3)
5. SPECIAL PROVISIONS
Trinity Source Group, Inc.:
0 M
All work shall be conducted in accordance with
the terms and conditions set forth in the Trinity
Source Group, Inc. Authorization for
Environmental Investigation and Contracting
Services Agreement dated and executed on
May 13, 2015
CLIENT: Town of Los Gatos
Name: David A. Reinsma Name: j —e_ \1\11i``i r
Title: President & Principal Geologist
Date: May 13, 2015
Title: cmy-, 'Wcnniq -'
Date: 0, .2- c, -:?c
AEI
Consultants
Environmental & Engineering Services
April 17, 2015
Mr. Jim Harbin
Town of Los Gatos
41 Miles Avenue
Los Gatos, California 95030
Sent Via Electronic Mali to: JHarbinglosgatosca.gov
3880 S. Bascom Ave., Suite 109, San Jose, CA 95124
Tel: 408.559.7600 Fax: 408.559.7601
Subject: Proposal, Environmental Consulting Services
41 Miles Avenue, Los Gatos, California
AEI Proposal 41202
Dear Mr. Harbin:
AEI Consultants (AEI) has prepared this proposal to provide environmental consulting services related to
the fuel leak investigation at 41 Miles Avenue in Los Gatos, California ("the Site'. AEI understands that
there is an existing fuel leak investigation case open with the County of Santa Clara, Department of
Environmental Health relating to a former waste oil underground storage tank (UST) at the Site. In the
County's letter dated February 20, 2015 they have requested submittal of a "Work Plan to Address
Impediments to Closure" as identified in their letter dated October 20, 2014. This proposal has been
written to meet this request and to sample the existing groundwater monitoring wells. AEI's proposed
scope of work, schedule and estimate budget are presented below.
SCOPE OF WORK
AEI proposes to perform the following tasks to sample the existing groundwater monitoring wells; El,
MW2, MW3, MW4, E2, E3, and E4; and prepare a work plan presenting a path towards meeting the low -
threat closure policy:
Well Development
Prepare a site specific health and safety plan (HASP) for the project.
Notify client and property contact person of the nature and schedule of the work.
AEI will contract a licensed drilling company to develop the existing wells at the Site. This is to ensure
that valid groundwater samples can be collected in wells that have been untouched in over twenty years.
Groundwater is expected at approximately 15 to 20 feet below ground surface (bgs) according to
available historical information.
Groundwater Sampling
Following a minimum of 48 -hours after completion of the well development activities, AEI will collect
groundwater samples from each of the monitoring wells. Groundwater samples will be collected using
low -flow purging techniques. Following parameter stabilization, samples will be collected in laboratory
supplied bottles, sealed, labeled, and placed in an ice - chilled cooler for transport to the analytical
laboratory.
Initial Date
Each groundwater sample will be analyzed for total petroleum hydrocarbons (multi- range) using US EPA
Testing Method 8015M, with silica gel cleanup, and gasoline, fuel oxygenates, and volatile organic
compounds using US EPA Testing Method 8260B.
Purge water from the well development and groundwater sampling activities will be stored on -site in
55- gallon DOT- approved drums pending profiling and proper disposal.
Work Plan Preparation
AEI will prepare a work plan to address the "impediments to closure" as requested by the County. The work
plan will include:
A summary of the background of the fuel leak investigation and remediation activities performed based
upon the available historical information, including tables summarizing the historical data collected.
Present the results of the proposed groundwater sampling including tabular summaries of the analytical
data.
A conceptual site model describing the presumed release scenario, potential receptors, and appropriate
risk -based cleanup goals.
Figures presenting the historical and current information.
AEI's proposed activities to meet the low- threat closure policy requirements as warranted by the current
groundwater results and as discussed and decided upon with representatives from the Town of Los
Gatos.
AEI will provide a draft of the completed work plan to the Town of Los Gatos for review and comment
prior to submittal of the document to the County.
COST ESTIMATE AND ASSUMPTIONS
AEI will complete the stated scope of work for the total price of $ 13,400.00, comprised of the following
fixed price items:
Well Development
Groundwater Sampling
Work Plan Preparation
7,000.00
3,600.00
2,800.00
We have estimated the time requirements and associated costs of the proposed scope of work on the basis
and level of effort deemed appropriate for the evaluation and based on the following assumptions:
Field activities will occur during normal business hours (7:00 am — 5:30 pm) Monday through Friday.
All work will commence on private property. If the client is not the owner of the property, the client will
obtain written authorization from the property owner to perform this project. Client is responsible for
providing access to the site and notification /coordination with on -site tenant(s). Access delays on the
day of field work may result in additional costs.
AEI will have clear access to the sampling locations with necessary equipment. AEI is not responsible for
clearing drilling areas for access.
AEI is not responsible for damage to flooring, floor tiles, carpet or other surface materials.
The presence of drilling equipment on landscaped areas may be needed in order to collect the samples
proposed. AEI is not responsible for damage to landscaping (plants, grass, or trees) or damage to
irrigation lines. AEI is not responsible for repairs due to ruts in the surface.
Level D personal protective equipment (PPE) is the maximum necessary.
AEI is not responsible for damages to underground or aboveground utilities, for unmarked or mismarked
utilities or other features, or for damage that occurs to such utilities or features. The client is responsible
for providing information to AEI regarding the location of intra -site utilities. If a private utility locating
Initial Date
AEI Proposal No. 41230 AE 1April17, 2015
Page 2
service is not specifically included in the scope of work, such services can be arranged if requested by
the client; such services will be billed at cost plus 15 %.
AEI is not responsible for delays or scope limitations caused by property access issues; equipment, or
analytical unavailability or delays; regulatory or permitting agencies; difficult subsurface conditions;
weather; or other acts or conditions outside of AEI's control.
Investigation derived waste will remain onsite. Disposal costs are not included. Upon receipt of
analytical data, AEI can provide disposal estimates, if requested.
Upon receipt of laboratory data, additional samples may be analyzed, if collected and placed on hold, at
the request of the client for additional fees.
ESTIMATED SCHEDULE
AEI will schedule the above - described activities immediately following your authorization. We anticipate that
the well development and groundwater sampling can be completed within three -weeks of authorization. A
draft work plan will be ready for review and comment a minimum of one -week prior to submittal to the
County on or before June 12, 2015. The client will be notified of any delays.
TERMS AND CONDITIONS
Work under this proposal shall be governed by the attached Terms and Conditions or other mutually
acceptable terms and conditions received and negotiated to our mutual satisfaction prior to initiation of
these services. In the event of the latter, this proposal will be considered governed by such other terms
and conditions accordingly.
PAYMENT TERMS
Fifty percent (50 %) of the contract amount will be invoiced upon receipt of the signed contract; the
remaining fifty percent (50 %) will be billed upon completion of field work. Invoices are due net 10 days.
The client may opt for full prepayment to avoid delays in the release of data and work product. AEI accepts
credit card payments; please contact our corporate office to arrange credit card payments.
APPROVAL
If our proposal is acceptable as presented, you may initiate this contract, by signing the Authorization to
Proceed, initialing and dating each page and returning a copy to AEI.
AEI Proposal No. 41230
April 17, 2015
Page 3
Init /a/ Date
AEI
CLOSING
AEI appreciates the opportunity to continue to serve the Town of Los Gatos. If you have any questions
or comments, please do not hesitate to contact Mr. Trent Weise, P.E. at (408) 559-7600.
Sincerely,
AEonsultants
Trent A. , .E. 6480)
Vice President
Enclosures
Initial Date
AEI Proposal No. 41230 A E 1April17, 2015
Page 4 Gonsult ants
TERMS & CONDITIONS
1. B' "us Pa =rent and Cadi The Client shall pay All Fm!mnmental Inc. d /b /a AEI Consughosi (AEI) for the
semcd (Me "Sayyde) Performed in accordance whh Me prices set forth in the proposal M which these terms
and cmtlitioM are aterched (me "Proposal -, and together win tale temms and conditom Me ^Agreement").
Invoi[es shall be wbmdted in accordance with the Proposal. Fassi a the AEI !rrvo!ms stall be the prmary,
Module, and nonmmrgmt obligation of the Client and shall rat be commando upon the closing of a ban
transaction Or any slims egret PAYMEM IS WE UMN RECEIPT. If AEI does rot recede payment in full vdthh
NiM (30) mlmdar days of the tlate a Me iMpce, the account shall W de ddirpumt. Unpaid tlairquent
balances shall bear interest from Me !fyoice date at One and omisho f percent (1.5 %) per rmnth, Or at Me
maximum awful interest rate (whichever ate is less).
The Clerk shall be liable to AM for all costs and expenses a coleddr, of desire a %planed, ind irg reasonable
attorney, and other fees, and court posts. Tyres of the essence wild respect m Me prevision. A,, ronemftee
of any notes or remedies, whether Odell herein or as oMawiw pnod!ded by aw, shall red be depraed a waiver
Of any rights or remedies, per preclude AM from the future exercise a such rgh%or remedies. If a mind party is
accepting a Pmposel as agent for the Client, wch Mid party represents and warfamr to AEI Nat it K legally
amhonaed an bind theClient to Me terms M the Agreement and Specimees payment for sa ic¢s.
2. Ruhtof Entna:Forte Miserre TheClientveilamNefateright Ofentrymthesub)Mpmperty("Sae")by
Al be agents, employees, consumnes, contaomrs and wtcontraDnrs, for the purame of peROrming all acts as
may, be reasonabN 0., to complete to Services whhln the agreed sunup of work. AM may require Chet an
defended, impaudgeable reprewnutve a the Ste owner, be present at the Site as a mmition a the
cerforrarmre of the Servrtes am may respire Mat Site personnel operate major pricing systems and epulpment N
Me tree the Services are Performed. AM's ability to comply with to schetlule for cedan,rxe described in the
Proposal is contingent upon army am complete Site access. AEI shall net be responsible for damages or delays
in de (¢mane caused by force mail acts of Gm, events beyond the permit Of AEI, or ederlls that dock net
have hem reasonably foreseen am preverbal.
1 DommentenSamoles Air field notes, cakWations, estimates and Other documents, data w informamn
prepared by or on behalf Of AEI in connection with the performance of hs Services (collecormy, "Documents'),
shall nmhdin the pole property of AEI. At Cdcurrents prepared by AEI for the Clem with respell Many Site sail
be aged wley for tam intended purposes described in the Propo n, am wit y win respect W the Site. Unless
otherwise agreed, AEI shall reu!n all Documents for three (3) years fo'lowing wmrussbn of AEI's report to the
Client In its pole discraon am without prior notice M Lore Oren, AS may dispose of all fob samples within
thirty (30) calendar days after suldrywon of AEI's report m the Mean
4. Matters Known to CI "ant The Cliem, Rsuf a through the 5[e owner, sill provitle AS win any am aid
Informal known M to Clent or suspected by me Client which Tenalns m: (a) the existence a possible
admane at on, under Or in the vicinity Of the She, any hazadeus readal , pollubn6, IeeO-basad paint, nation
Or asbestos; (b) any concerns at on, under or in Me vicinity of Me Site, which Ought represent a potertial safety
tzaN at danger to human hearth or the arwronment (c) any permit, manses, site record, or Wme record Of
mmplanoe or foil- complurce.0 any federal, state or boat Dws, or court Or admastmtive order a decree;
d) any known or suspected coraencies or adverse demadom associated with structures or other physical
improveme%s On Site; or (e) any mpdifTavons or charges (rem the original plans and speolfcapons of Site
ImprovemeMS winch wU l affect the mcOm mersatlMS a norrommys reached by AEI In Me TenfOmaMe of ICS
Senvkes.
5. Preliminam Failures Preliminary fimirgs(OSen returned to as'yertls'l can be phowded to the Client in order
M quickly apprise them of oreliminam data "Mare as a news of AEI's visual desavatione M to project Site
They are not intended M be edhaushm a mserno a or to suddenly for the final writer repot, as they rho net
iaclWe information counted from a number Of ores important and neesary mmpOnents of Me oveall
assesnmeft. AM reoommeros against reaPlng any demons, based upon such Irani preliminary, verbal
om men
6. PERFORMANCE STANDARDS IN PERFORMING THE SERVICES, AU SHALL EXERCSE THE DEGREE
OF SBILL AND CARE NORMALLY EXERCISED BY CONSULTANTS IN THE SAME COMMUNITY
PROVIDING THE SAME OR SIMILAR SERVICES FOR PROJECTS OF COMPARABLE SIZE,
COMPLEXITY, BUDGET, SCHEDULE AND OTHER CHAMaERS OF THE PROJECT (THE
STANDARD OF CARE'). "a" AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, AEI
NAMES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY OF US
ORAL OR WRITTEN REPORTS. CLSNT AOONOWLEDGES AND AGREES THAT (I) THE SERVICES
MAY REQUIRE JUDGMENTS TO BE MADE BY AEI THAT ARE BASED UPON LIMITED DATA RATHER
THAN UPON SCIENTIFIC CERTAINTIES) (II) AEPS APPROACH, RECOMMENDATIONS, AND
ASSOCIATED COST ESTIMATES, IF ANY, ARE BASED ON INDUSTRY PRAC UCES AND AVERAGES,
IO) PROFESSIONAL OPINIONS ARE RENDERED WITH RESPECT TO OBSERVATIONS MADE AND
DATA OBTAINED AT THE TIME OF ASSESSMENT, AND (N) ULTIMATE OUTCOMES COULD BE
INCONSSTENT WITH THE CONCLUSIONS, RESULTS AND PROJECTIONS OF AEI. ALL
INFORMATION REGARDING OPERATIONS, PLANS, SPECIFICATIONS, CONDITIONS OR OTHER
DATA WHICH S PROVIDED TO AEI BY O.IEM, OWNERS OR THIRD PARTIES (INCLUDING
WITHOUT LIMITATION, ANY POIM OF CONTACT AT THE SITE), S DEEMED BY AEI TO BE
CORRECT AND COMPLETE WITHOUT INDEPENDENT VERIFICATION. AEI ASSUMES NO
RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION AND SHALL
NOT RE LIABLE IF MMNCE ON SUCH INFORMATION RESULTS IN INCORRECT CONCLUSIONS OR
RESULTS.
J. INDEMNIFICATION AND LUMMATION OF LIABILITY, AEI AGREES TO INDEMNIFY AND HOLD
HARMLESS (BUT NOT DEFEND) CLIENT, ITS DIRECTORS, OFFICERS AND EMPLOYEES AGAINST
ANY LOSSES, LIABILITY, DAMAGES, COSTS AND E)PENSES TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS, ERRORS, OR OMISSIONS OF All ITS EMPLOYEES, SUBCONTRACTORS OR
ANYONE FOR WHOM AEI S LEGALLY LIABLE, IN THE PERFORMANCE OF SERVICES HEREUNDER.
IN NO EVENT SHALL AEI BE LIABLE FOR LATENT OR HIDDEN CONDITIONS, CONDITIONS NOT
ACTUALLY OBSERVED BY AEI WITHIN THE LIMITED SCOPE OF WORK, THE POTENTIAL
CONSEQUENCES OF OBSERVABLE CONDITIONS, CONDITIONS OF WHICH CLIEM HAD
KNOWLEDGE OFATIM TIMEOFTHE ASSESSMENT, MANY UNAUTHORIZED ASSGNME OF OR
RELIANCE UPON THE REPORTS. THE MABILTNOF AEI, AND THAT OFITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND SUBCONTRACTORS, TD CLIENT ORTO ANYTHIRD PARTY CLAIMING BY
OR THROUGH CLSM, INCLUDING ANY COMPANY AFFILIATED WITH CLIEM, OR ANY OFFICER,
DIRECTOR, EMPLOYEE, AGENT, SUBCONTRACTOR, SUCCESSOR, OR ASSGN OF SUCH PARTIES,
FOR ANY LOSSES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT
LIABILITY), RELATED TO THE SERVICES, THE AGREEMENT OR OTHERWISE, SHALL NOT EXCEED
THE AGGREGATE SUM OF TWENTY -EWE THOUSAND DOLLARS ($25,00100). IN NO EVENT SHALL
AEI BE LIABLE TO CLIENT FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSEQUENFAL DAMAGES (INCLUDING LOST PROFI'T'S) ARISING FROM OR W ANY WAY
CONNECTED WITH ITS PERFORMANCE OR FAILURE TO PERFORM UNDER THE AGREEMENT, EVEN
IF THE AFFECTED PARTY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES
B. Canute Reso100n This Agreement shag W neyemcd by subjM M, and co struddl in accordance w!m the
awn Of the State of Cehoma. Any conbwersy, dorm or seven al out of, a seated m, me Agrommerrt, the
breach Mendel a Me coverage of this arbitration pre don may t wiled by anahation and wltl be pager]
On Me rules in affect On the date of delivery of demand for aNRraton. The wramadel shall apply Cellfome
wbstan de law to the p ccrandngs, except to ten eMent Federal subsbntve aw would apply to Me aaim. The
anaitraor(s) stall prepare in writ l and provide m the pang o an awed IMudip, actual proms and Me reasons
On wfllch Mar dea51M Is dead. The ampeor shall net have this power M commit ears a law or legal
mosaring and the awed may be vacated Or Correctetl On appeal be a Coen of competent )unsdictim for any
such enor. The snapdragon of such Faced includicg the communal ate amount aany damages suffered by
either party hereto by reason of the alts or ormosiom of the one, shah be m the exclusion a any corn of law
aspect or enforcertwlR of an aribated aware The decision a the arbitrators, or a majority of them, sal! be
final and binding on bon pales am Mein resp orwo successors am assigns If Me aNibators debenture that a
Party has initiated a nccwery, actor on a basis inrondeent with the proconse, of this Agreement, the im iatng
Party Mall, without excepton, be assessed all d04r!Murel' by the respoftM, body. Except as itl6ial above,
each pan shall pay the fees a hs own atermeys, and the axpmsid a Rs pow am all other expanses
connttted with tic preYntation M 0 case. Ths posts Of Me, arnmemon, including the COR of Me RCOrd or
taftedi u them(, R any, administrative fees, fees of the a die- ord and all Other fees and cost star W dome as
deeemim al by the atprati
9. RELIANCE AND sr NMEM. AEI'S WRITTEN REPORT SHALL CONTAIN AEI'S STANDARD
REWNCE LANGUAGE UNLESS ALTERNATE LANGUAGE HAS BEEN PRE- APPROVED BY AEI. IF NO
PRE - APPROVED ALTERNATE LANGUAGE EXISTS, THE SERVICES, THE REPORTS AND OTHER
RELATED WORK PRODUCT PROVIDED BY AEI MAY BE RELIED UPON BY ME CLIENT, ITS
SUCCESSORS AND ASSIGNS WITH RESPECT TO A LOAN SECURED BY THE SITE, AND ANY RATING
AGENCY RATING, OR ANY ISSUER OR PURCHASER OF, ANY SECURITY COLLATERALIZED OR
OTHERWISE BACMED BY SUCH LOAN. NO OTHER PERSON OR ENRTY MAY RELY ON THE REPORT
WITHOUT THE ADVANCE WRITTEN CONSENT OF AE{ AND NO OTHER THIRD PARTY
BENEFICIARIES ARE INTENDED. EXCEPT AS DESCRIBED ABOVE, THE CLIENT SHALL NOT ASSIGN
THE AGREEMEM, ANY REPORT OR ANY RELATED WORK PRODUCT, WITHOUT THE PRIOR
WRITTEN CONSENT OF AEI. ANY UNAUTHORIZED REUSE OR REDISTRIBUTION OF AEI'S WORK
PRODUCT OR REPORTS SHALL BE AT THE CLIENT'S AND RECIPLEMS SOME RISK, WITHOUT
LIABILITY TO AEI. CLIENT WILL HOLD AEI HARMLESS FROM ANY AND ALL LIABILITY,
OBLIGATION, COST AND EXPENSE ARIING FROM OR RELATED TO ANY UNALMORIVED
DISTRIBUTION OR USE BY CLIENT OF AEPS WORK PRODUCT OR REPORTS. AEI SHALL NOT
ASSIGN ITS OBLIGATIONS UNDER THE PROPOSAL; HOWEVER, AEI MAY EMPLOY, BY
SUBCONTRACT, SUITABLY TRAINED PERSONS OR ENTITIES ACCEPTABLE TO AEI TO PERFORM
THE SERVICES.
10, Conftlma[iality AEI sill pot mouse Irmformation nalaNirg the Proposal, the Servces Or arty f boners,
except m the Client employed, mnwttarr6, wMOrsacmrs, or ocher persons ergaped by AEI to perform Me
Services, MIN Pares designated by the Client (subject to the reliance limiuvons member herein), o as required
bylaw. Notwhhsbmirg ten urmsathis Secibn,AE[sall can0lY with ell]Wicalodens, 9overnrren[arectiver,
am haws, regulators sm atlinanced regarding me report, to approadde pudic sgencies of potear, tl meaft
to pudic calm, safety or Up emvinamment.
11. Mbcellaneoo- AM !s an Independent postadmn of Client and not Client's age%, employee a Partner. The
Agreement shah be governed by Me awl of me Sal of Call and the parties irrewrab, consent M the
jurediNm of the murM of Me State of Celifoma and of Me United States DISnd Court for Me Disthct of
Norther California s a basis for federal )madictom egsts. In Me event a dispute rearing m an AEI report results
In litigation, and Me cement does not Peden at Mal, men the claimant shall lay all costs incurred by AD in the
defense a the dam, inautlirg reasonable atorney's foes. Sam prov!sion of Me Agreement shall he Considered
separate, am p, An any reason, any Prevision w govisioris herein are determined to be invalid am corhrom to
any asom w fawn law, such Invalchy shall not affect lose pumps of MN Agreement mat are valid This
Agreement condiMes the emre agreement and supersedes all prgr agreements am understamNgs, born
written am sal, between the parties wIM respect to tre Senices to be Provced Pursuant M this Agreement The
Provisions of pre Agreement my my be merged by a writer, imancra nth agred by en aumomped representative
Of each party.
12. Haorki Waste and Renodin0 The Client umersunds and agrees ttat human hough and safety is a
firmly in imparnmting arty !nydvgaton or dY55ment. AEI and draft agree that Me discovery of hazaNws
materials, SuspM handers mussels or farm mcomis, Or mIlgadded compared may commum a change
n the comNon of me )ob Ste mandating a nersgotaton of Me scope a work a formal of The projM and
may make it necessary for AM to ew immmate measures m protect human hearth and safety. AEI agrees m
miry Clem as soon as Pota le if such materiak are encountener. Giant ercoddegeM AM to Like any and all
measures, Mat In Ac's professional opinion, are )ustifretl m proceed AEI's personnel am the public, Client agree:
to waive arty calm against AEI and m indemnify, tlamtl and held harmless AM from any and all claims arising
out of AM's mmunb:nrg Mandapared hazardous materials or suspected haIDNOus matanaK. Client agrees to
compensate AM Tor all costs, associated win such an edam based upon AEI's prevailing fee schedule.
13. USA If AEI k expressly engaged to perform sod bong or Other invasive adding, AEI shall not be responsible
for damages to underground or abow,mund Wilda, for unmarked a mismeked mules or other features, or
for damage Me occurs to such udgges a features. The Ole% is reGronsiNe for p pawn, Infomation to AM
relardap the eoaton of inba-tite utillties. Cliah recognms that Me use a tyicalon aTupdon, may
mayemsby affect, alter Or dam ire painting structures, vagiscal am terrain at me tire, AEI, indicating
wocontracurs, w91 Fake reasonable predamions to Ilmt tlamaps. Howeder, Client neco3r ese mat surd dsmage is
inherent in Me normal mumse of Me commonest scope of work and the cast of pre repair for any damages 6 opt
Oft a the conba¢ed unnces. In to event Of damage to Me properly as a result a such work and spedmly
stated above, Client wig had harmer; Al including wlXOntractas, for damage caused during to course of Me
agreed upon scope of work.
14. CS99ct of Interest To Me bent of AEI's knowledge, AM has ro amal, Posoml or apparent ponlgot a interest
ceruli m this Agreement, except as has been preAousN doemass] to Mel in writ!rg, and AEI mvenal and
agrees Mat 9 Shall pmomety advae Client a any Other actual, potential or apparent empoLs Of Mende, whether
Omani as a Me execution date amps Agreerri or ansing In Me fuure, upon dworverirg the same.
nifia/ Date
AUTHORIZATION TO PROCEED
AEI Proposal No. 41202: Environmental Consulting
Site: 41 Miles Avenue, Los Gatos, California
AEI Point of Contact: Trent Weise
I hereby accept the proposal and authorize AEI to proceed with the scope of work as described herein. AEI reserves the right to suspend or delay
work for late payment. Should any project information change, I understand that additional fees may accrue and the due date may be extended.
Should the agreement be terminated by either party upon written notice through no fault of the party initiating termination, compensation shall be
paid for all services performed and expenses incurred to the date of termination.
Client Authorization & Billing Information:
Address
Please note that we cannot accept a P.O. Box fora
City, State,
Site Contact Information (if different than above):
Email
or billing address
Service Offerings at AEI
Environmental Due Diligence (Phase I, Phase II, EfS, etc.)
Asbestos, Lead Paint, Mold and Radon Services
Energy Performance & Benchmarking Services
Soil Gas / Vapor Intrusion Assessment and Mitigation
Preconstruction Document & Cost Reviews
Zoning Reports & ALTA Surveys
Seismic Risk Assessments
Property Condition Assessments
Environmental Construction
Construction Monitoring
Site Investigation and Remediation I Erosion Control
2015 SCHEDULE OF BILLING RATES
ENVIRONMENTAL SERVICES
Standard Field Equipment (continued):
i Stantec
Meter EMagnetometer 50/day
Meter - Manometer 25/day
Meter - Measurin Wheel 10 /da
Meter- Metal Detector 45/day
Meier - Multimeter 1 10 /da
Meter - 02/CO2 1 10 /dq
Meter - ORP 25/day
Meter- Other quote/day
Meter - Ozone 25/day
Meter- pH/Temp/Conductivity 30/day
Meter - Turbidity 70/day
Meter- Dust Monitor 120/day
Meter - Velocity 25/day
Meter- Water Level Indicator 35/day
Photoionization Detector (PID) 110 /da
Pressure Washer 45/day
Pump- Air Sampling 45/day
Pump - Centrifugal 50 /day
Pump - Groundwater Sampling 110 /da
Pum - Peristaltic 50/day
Pump - Trash 35/day
Pum - Well Sampling 25 /day
Pump - Well Sampling/Purge 45/day
Reproduction - 11x17 Color Plot /Print /Co 2/copy
Reproduction - 2436 Color Plot /Print 0/copy
Re roduction -8.5x1 l B &W Copies 0.1 5 /co
Re roduction - 8.5x11 Color Copies 1.25/copy
Re roduction - Oversized B &W Plot /Print 10 /co
Reproduction - Oversized Color Plot /Print 15/copy
Soil Sample Ring/Sleeve 10 /each
Survey Equipment - Laser Plane Level & Receiver 200/day
Transducer 30 /each
Tedlar Ba 15 /each
NOTE: Other equipment needs will be priced on a per project basis.
Slanted 2015 MASTER ES Rafe Schedule Table 3 we I Wes- (T59).doc Page 3 of 3
2015 SCHEDULE OF BILLING RATES
ENVIRONMENTAL SERVICES
Other Direct Disbursements:
Standard Field Equipment:
MEN
Air Sampling Equipment 65/day
Bailer - Disposable 10 /each
Bailer - Disposable Weighted 15 /each
Bailer - QuickE- Bailers stem 85/day
Bailer - Reusable 120/day
Drum - 55 Gallons 65 /each
Digital Camera 25/day
Drae er Sam tubes not included 30/day
Field Communication - Two -Wa Radio 20/day
Field Computer 55/day
Field Test Kit - Groundwater 55 /each
Field Test Kit - Soil 55 /each
Field Test Kit - SVE 55 /each
Field Vehicle - Milea e Prevailinq IRS raie
Field Vehicle 135/day
Field Vehicle - Sam lin Truck 275/day
Field Vehicle - Truck /Van 160/day
Flame Ionization Detecior (FID) 145/day
Generator 170/day
Gloves - Colored Cloth 5/ air
Gloves - Colored Leather I I 5/1l
Gloves - Colored Nitrile 0.25/ air
Gloves - Kevlar Under Glove 5.00/ air
H &S - Level B Safety Equipment 185/day
H &S - Level C Safety Equipment 95/day
H &S - Level D Safety Equipment 60/day
H &S- Traffic Control Equipment 65/day
Hand Auger 30/day
Low Flow Purge/Sampling System 85/day
Meter - Oil/ Water Interface 60/day
Meter - Anemometer 25/day
Meter - CO 65/day
Meter - Data Logger 140/day
Meter- Dissolved Ox en 65/day
Meter - DO /ORP /Tem /Conductivit 100 /da
Meter - Dosimeter 45/day
Meter - Ferrous Iron 5/day
Meter- Flow 30/day
Meter - H2S Detector 80/day
Meter - LEL /02 80 /day
Meter - Ma nehelic (Gouge) 3 /(Jay
Stantec 2015 MASTER ES Rate Schedule Table 3 we Titles (1 5 %).doc Page 2 of 3
2015 SCHEDULE OF BILLING RATES
ENVIRONMENTAL SERVICES Stantec
Charges for all professional, technical, and administrative staff directly charging time to the project will be
calculated and billed on the basis of the followinn ocher ,Ie
Expert Witness Services carry a 507 premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will besubjecttoannualincrease.
Slantec 2015 MAZTER ES kale Schedule tab.e 3wa Tire, (15ru.doc Page I of 3
s a
Entry-level Position
1 57 Works under the supervision of a senior professional265Recentgraduatefromanappropriatepost- secondary program or equivalent
Generall , less than four ears' ex erience
Junior Level Position
3 72 Independently carries out assignments of limited scope using standard procedures, methods481andtechniques
5 89 Assists senior staff in carrying out more advanced procedures
Completed work is reviewed for feasibility and soundness of judgment
Graduate from an appropriate post- secondary program or equivalent
Generally, one to three ears' experience
Fully Qualified Professional Position
6
7
98
106 Carries out assignments requiring general familiarity within a broad field of the respective
profession
8 114 Makes decisions by using a combination of standard methods and techniques
Actively participates in planning to ensure the achievement of objectives
Works independently to interpret information and resolve difficulties
Graduate from an appropriate post- secondary program, with credentials or equivalent
Generally, three to six ears' experience
First Level Supervisor or First Complete Level of Specialization9123Providesappliedprofessionalknowledgeandinitiativeinplanning and coordinating work10133programs
11 144 Adapts established guidelines as necessary to address unusual issues
Decisions accepted as technically accurate, however may on occasion be reviewed for
soundness of judgment
Graduate from an appropriate post- secondary program, with credentials or equivalent
Generally, five to nine ears' experience
Highly Specialized Technical Professional or Supervisor of Groups of Professionals12157Providesmulti- discipline knowledge to deliver innovative solutions in related field of expertise13168Participatesinshortandlongrangeplanningtoensuretheachievementofobjectives14181Makesresponsibledecisionsonallmatters, including policy recommendations, work
methods, and financial controls associated with large expenditures
Reviews and evaluates technical work
Graduate from an appropriate post- secondary program, with credentials or equivalent
Generally, ten to fifteen ears' experience with extensive, broad experience
Senior Level Consultant or Management
15 191 Recognized as an authority in a specific field with qualifications of significant value16211Providesmultidisciplineknowledgetodeliverinnovativesolutionsinrelatedfieldof expertise17246Independentlyconceivesprogramsandproblemsforinvestigation
Participates in discussions to ensure the achievement of program and /or project objectives
Makes responsible decisions on expenditures, including large sums or implementation of
major programs and /or projects
Graduate from an appropriate post- secondary program, with credentials or equivalent
Generally, more than twelve ears' experience with extensive experience
Senior Level Management Under Review by Vice President or Higher18288Recognizedasanauthorityinaspecificfieldwithqualificationsof significant value19313Responsibleforlongrangeplanningwithinaspecificareaofpracticeorregion20
21
349
385 Makes decisions which are far reaching and limited only by objectives and policies of the
organization
Plans /approves projects requiring significant human resources or capital investment
Graduate from an appropriate post- secondary program, with credentials or equivalent
Generally, fifteen years experience with extensive professional and management experience
Expert Witness Services carry a 507 premium on labor. Overtime will be charged at 1.5 times the standard billing rate. All labor rates will besubjecttoannualincrease.
Slantec 2015 MAZTER ES kale Schedule tab.e 3wa Tire, (15ru.doc Page I of 3
Attachment C
Stantec 2015 Rate Table 3
F ,
Stantec PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT "A" Page 3
such liability arises out of its willful misconduct or wanton negligence. CLIENT shall be solely
responsible for selection of transporters and disposal or treatment sites. CLIENT shall provide
documentation and /or identification required by law, if any, to accompany all shipments of
hazardous wastes and CLIENT shall be solely responsible for all fees, taxes, and other charges
associated with hazardous wastes. In the event CLIENT is unavailable or for any other reason
fails to exercise its obligations under state and federal hazardous waste laws, Stantec is hereby
authorized to act as CLIENT's agent to the extent necessary to properly manage any hazardous
wastes and hazardous substances encountered during work for CLIENT in accordance with
applicable laws and regulations or in compliance with the orders of any federal, state or local
agency. All such work shall be billed to CLIENT on a time and expense basis.
ADDITIONAL The following additional attachments shall be read in conjunction with and constitute part of
ATTACHMENTS: this AGREEMENT:
Rafe Table 3
INSURANCE Before any services are provided under this agreement, Stantec shall procure, and maintain in
REQUIREMENTS: effect during the term of this agreement, insurance coverage in amounts and on terms not less
than set forth below.
General Liability: Commercial general liability insurance for personal and bodily injury,
including death, and property damage in the amount of $1,000,000 each occurrence and not
less than $2,000,000 in the aggregate.
Automobile Liability: Automobile liability insurance for bodily injury, including death, and
property damage in the amount of $1,000,000 each occurrence.
Professional Liability: Professional liability insurance for damages incurred by reason of any
negligent act, error or omission committed or alleged to have been committed by Stantec in
the amount of $1,000,000 per claim and in the aggregate.
Workers' Compensation: As prescribed by applicable law.
Certificates: Upon request, Stantec shall provide certificates of insurance evidencing coverage
required above. Each certificate shall provide that the coverage therein afforded shall not be
cancelled except with thirty )30) days prior written notice to the CLIENT.
V:\l857Abus- dvvAT0Wn of Los Gatos \TOW n of LG PSA.docx
Stantec PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT "A" age 2
CLIENT agrees to provisions of the AGREEMENT related to hazardous substances and accepts
professional services deemed necessary by Stantec to comply with legal regulatory and health
and safety standards which govern work with hazardous substances.
HAZARDOUS SUBSTANCES
Hazardous Substances Defined: Hazardous substances shall be defined as any chemically
derived or naturally occurring substance or waste material reasonably considered to be
subject to any federal, state or provincial law regulating such substances or wastes as
hazardous.
Special Nature of Work - CLIENT Understanding: SERVICES provided by Stantec will be based
on information furnished by CLIENT and /or data ordinarily collected in the performance of such
work by CLIENT. Stantec shall exercise professional judgment and shall perform SERVICES using
that degree of care and skill ordinarily exercised under similar circumstances by environmental
consultants practicing on similar projects, in a similar time frame, and in this or similar localities.
CLIENT understands that environmental services involving hazardous substances and hazardous
wastes present hazards and liability risks to CLIENT and Stantec if not conducted in compliance
with applicable laws and regulations and with full disclosure of the presence of hazardous
substances by CLIENT. CLIENT understands and agrees to the terms of this contract which
authorize Stantec to act on CLIENT's behalf and be compensated at Stantec's usual rates for
such SERVICES.
Information: CLIENT will disclose to Stantec all known or reasonably available information
regarding past uses, existing conditions, and proposed uses of the site. CLIENT will specifically
identify and describe to Stantec all releases of hazardous substances known or reasonably
believed to have occurred which are relevant to the SERVICES to be performed by Stantec.
CLIENT will furnish any additional information requested by Stantec including but not limited to:
existing reports, plans, surveys, water and soil test data, and permits issued by agencies of
government. CLIENT authorizes Stantec to use all information supplied, including incorporating
the information by copying or direct reference info reports prepared by Stantec.
Representative: CLIENT agrees to provide a representative of the job site to supervise and
coordinate the job when requested by Stantec and upon 24 hours notice.
Responsibility for Safety and Health: Stantec will not create conditions which are hazardous to
CLIENT or other parties. Stantec agrees to comply with the site safety and health plan (as
defined by federal law) and other additional safety requirements specified by CLIENT or
CLIENT's agent. CLIENT shall provide such information to Stantec as soon after execution of this
AGREEMENT as practical and in no case less than five working days prior to commencement of
work. Stantec shall not be liable for injuries or economic loss associated with project safety
except where such injuries or economic loss is caused by the sole negligence of Stantec; and
Stantec reserves the right to stop work if an unsafe condition is observed.
In the event Stantec is retained in a capacity in which if is responsible for preparation of a site
safety and health plan by operation of law, regulation, or being placed in a supervisory or
coordination role with respect to other parties at the site, it shall be authorized by CLIENT to
assure to Stantec's satisfaction that all requirements of such plan are complied with by CLIENT,
CLIENT's employees and agents, and other parties. CLIENT agrees to provide information
requested by Stantec and to cooperate with the preparation and implementation of Stantec's
safety and health plan. Stantec shall not be liable for personal injuries or property damages
unless said personal injuries or property damages are found to be caused by Stantec's sole
negligence in either its preparation of a site safety and health plan or its exercise of its
responsibilities thereunder.
Notification to Government Agencies: CLIENT hereby agrees to comply with all requirements
of federal, state, provincial, and local laws, regulations, and ordinances governing notifications
of hazardous substance releases immediately upon notification by Stantec that a release,
threatened release, or other reportable event has occurred and that notification is required. In
the event that CLIENT or CLIENT's agent is unavailable to make such required report or
otherwise fails to do so, CLIENT hereby authorizes Stantec to make reports on its behalf.
Hazardous Waste and Hazardous Substance Transportation and Disposal: Hazardous wastes
and hazardous substances, as defined by federal, state and provincial law, encountered by
Stantec, shall be deemed to have been generated by and the property of CLIENT. Stantec 's
discovery, excavation, handling, packaging, and storing of such wastes shall be as CLIENT's
agent and Stantec shall incur no liability whatsoever with respect to such wastes except where
VA 1851 \bus -dev \Town of Los Gatos \Town of LG PSA.docx
W= PROFESSIONAL SERVICES AGREEMENT
ATTACHMENT "A"
Attached to and forming part of the AGREEMENT BETWEEN:
TOWN OF LOS GATOS
hereinafter called the "CLIENT ")
and -
STANTEC CONSULTING SERVICES INC.
hereinafter called "Stantec ")
EFFECTIVE: January 1, 2015
This Attachment details the SERVICES, CONTRACT TIME, CONTRACT PRICE, ADDITIONAL CONDITIONS and ADDITIONAL
ATTACHMENTS forming part of the above described AGREEMENT.
SERVICES: Stantec shall perform the following SERVICES:
Environmental Assessment as described in the March 10, 2015 proposal
hereinafter called the "SERVICES ")
CONTRACT TIME: Commencement Date: Work wil be initiated within 2 weeks of receipt of the signed
agreement
Estimated Completion Date: No later than June 12, 2015
CONTRACT PRICE: Subject to the terms below, CLIENT will compensate Stantec as follows:
Task 1 - Health and Safety Plan Preparation, Prefield, and Site Reconnaissance - $2,620
Task 2 - Well Development, Sampling, Analysis, and Surveying - $17,244
Task 3 - Preliminary Draft Report and Work Plan Preparation - $3,170
Where not stated as being included in the fees, project specific subconsultam, contractor, lob
and other similar third party charges will be charged as invoiced to Stantec with a
fifteen percent (15 %) markup.
Unless otherwise noted, the fees in this agreement do not include any value added, sales, or
other foxes that may be applied by Government on fees for services. Such taxes will be added
to all invoices as required.
Where the SERVICES or services conditions change, Stantec shall submit to the CLIENT in a
timely manner, documentation of the revisions to Attachment "A" adjusting the Contract
Services Time and Price as required.
Unless otherwise specified, charges for SERVICES are based on Stantec's hourly billing rate
table ( "Rate Table "), attached hereto. The Rafe Table is subject to escalation from time to
time.
ADDITIONAL The following additional conditions shall be read in conjunction with and constitute part of this
CONDITIONS: AGREEMENT:
PROFESSIONAL SERVICES
The data presented by Siontec represent conditions only at the specified locations and at the
time designated. CLIENT acknowledges that these data may not represent conditions at other
locations and times. Stantec shall not be responsible for the Interpretation given by others to
Stantec's data, interpretations and recommendations.
CLIENT acknowledges that Stantec will provide a professional opinion relative to the presence
of disposed hazardous substances, but Stantec will not write a certification, statement, or
guarantee.
VAIEl5Tbos- d.vATOwn of Los Gcb \Town of LG PSAtlocz
4 Stantec PROFESSIONAL SERVICES AGREEMENT Page 4
riots, war, acts of governmental authorities, unusually severe weather conditions or other natural catastrophe, or any
other cause beyond the reasonable control or contemplation of either party.
GOVERNING LAW: This AGREEMENT shall be governed, construed and enforced in accordance with the laws of the
jurisdiction in which the majority of the SERVICES are performed.
DISPUTE RESOLUTION: If requested in writing by either the CLIENT or Stantec, the CLIENT and Stantec shall attempt to
resolve any dispute between them arising out of or in connection with this AGREEMENT by entering into structured non-
binding negotiations with the assistance of a mediator on a without prejudice basis. The mediator shall be appointed
by agreement of the parties. If a dispute cannot be settled within a period of thirty (30) calendar days with the
mediator, if mutually agreed, the dispute shall be referred to arbitration pursuant to laws of the jurisdiction in which the
majority of the SERVICES are performed or elsewhere by mutual agreement.
ATTORNEYS FEES: In the event of a dispute hereunder, the prevailing party is entitled to recover from the other party all
costs incurred by the prevailing party in enforcing this AGREEMENT and prosecuting the dispute, including reasonable
attorney's and expert's fees, whether incurred through formal legal proceedings or otherwise.
ASSIGNMENT AND SUCCESSORS: Neither the CLIENT nor Stantec shall, without the prior written consent of the other
party, assign the benefit or in any way transfer the obligations of this AGREEMENT or any part hereof. This AGREEMENT
shall inure to the benefit of and be binding upon the parties hereto, and except as otherwise provided herein, upon
their executors, administrators, successors, and assigns.
PROTECTION OF PRIVACY LAWS: Stantec will comply with its statutory obligations respecting the collection, use,
disclosure, access to, correction, protection, accuracy, retention and disposition of personal information that may be
collected or created under this AGREEMENT. Stantec will refer any request for access to or correction of personal
information that is made under statute to the CLIENT and will comply with any directions from the CLIENT respecting the
access request, or respecting correction and annotation of personal information. Stantec will, at reasonable times and
on reasonable notice, allow the CLIENT to enter its premises and inspect any personal information of the CLIENT's that is
in the custody of Stantec or any of Stantec's policies or practices relevant to the management of personal information
subject to this AGREEMENT.
ENTIRE AGREEMENT: This AGREEMENT constitutes the sole and entire agreement between the CLIENT and Stantec
relating to the PROJECT and supersedes all prior agreements between them, whether written or oral respecting the
subject matter hereof and no other terms, conditions or warranties, whether express or implied, shall form a part hereof.
This AGREEMENT may be amended only by written instrument signed by both the CLIENT and Stantec. All attachments
referred to in this AGREEMENT are incorporated herein by this reference: however, in the event of any conflict between
attachments and the terms and conditions of this AGREEMENT, the terms and conditions of this AGREEMENT shall take
precedence.
SEVERABILITY: If any term, condition or covenant of this AGREEMENT is held by a court of competent jurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this AGREEMENT shall be binding on the CLIENT and Stantec.
THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS AGREEMENT CONTAINS LIMITATION OF LIABILITY PROVISIONS
RESTRICTING RIGHTS FOR THE RECOVERY OF DAMAGES.
The Parties, intending to be legally bound, have made, accepted and executed this AGREEMENT as of the Agreement
Date noted above.
TOWN OF LOS GATOS
Print Name and Title
Signature
V:V 857 \bs -dev \Town of Los Gatos \Town of LG PSAdocx
STANTEC CONSULTING SERVICES INC.
Signature
Jack Hardin Monaaina Principal
Print Name and Title
Stantec PROFESSIONAL SERVICES AGREEMENT Page 3
the Contractors' bids, project schedules, or the negotiated price of the Work or schedule will not vary from the CLIENT's
budget or schedule or from any opinion of probable cost or project schedule prepared by Stanfec. Exact costs and
Limes will be determined only when bids have been received for the PROJECT and when the construction work has
been performed and payments finalized.
LIMITATION OF LIABILITY: The CLIENT releases Stantec from any liability and agrees to defend, indemnify and hold
Sianfec harmless from any and all claims, damages, losses, and /or expenses, direct and indirect, or consequential
damages, including but not limited to attorney's fees and charges and court and arbitration costs, arising out of, or
claimed to arise out of, the performance of the SERVICES, excepting liability arising from the negligence or willful
misconduct of Stantec.
If is further agreed that the total amount of all claims the CLIENT may have against Stantec under this AGREEMENT or
arising from the performance or non - performance of the SERVICES under any theory of law, including but not limited to
claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to the lesser of the
fees paid to Stantec for the SERVICES or $500,000. No claim may be brought against Stantec in contract or tort more
than two (2) years after the cause of action arose. As the CLIENT's sole and exclusive remedy under this AGREEMENT
any claim, demand or suit shall be directed and /or asserted only against Stantec and not against any of Sfonfec's
employees, officers or directors.
Stontec's liability with respect to any claims arising out of this AGREEMENT shall be absolutely limited to direct damages
arising out of the SERVICES and Stantec shall bear no liability whatsoever for any consequential loss, injury or damage
incurred by the CLIENT, including but not limited to claims for loss of use, loss of profits and loss of markets.
INDEMNITY FOR MOLD CLAIMS: It is understood by the parties that existing or constructed buildings may contain mold
substances that can present health hazards and result in bodily injury, property damage and /or necessary remedial
measures. If, during performance of the SERVICES, Stantec knowingly encounters any such substances, Stantec shall
notify the CLIENT and, without liability for consequential or any other damages, suspend performance of services until
the CLIENT retains a qualified specialist to abate and /or remove the mold substances. The CLIENT agrees to release and
waive all claims, including consequential damages, against Sianfec, its subconsultonts and their officers, directors and
employees arising from or in any way connected with the existence of mold on or about the project site whether during
or after completion of the SERVICES. The CLIENT further agrees to indemnify and hold Stantec harmless from and against
all claims, costs, liabilities and damages, including reasonable attorneys' fees and costs, arising in any way from the
existence of mold on the project site whether during or after completion of the SERVICES, except for those claims,
liabilities, costs or damages caused by the sole gross negligence and /or knowing or willful misconduct of Stantec.
Stantec and the CLIENT waive all rights against each other for mold damages to the extent that such damages
sustained by either party are covered by insurance.
DOCUMENTS: All documents prepared by Stantec or on behalf of Stantec in connection with the PROJECT are
Instruments of service for the execution of the PROJECT. Stantec retains the property and copyright in these documents,
whether the PROJECT is executed or not. Payment to Stantec of the compensation prescribed in this AGREEMENT shall
be a condition precedent to the CLIENT's right to use documentation prepared by Stantec. These documents may not
be used for any other purpose without the prior written agreement of Stantec. The CLIENT shall have a permanent non-
exclusive, royalty -free license to use any concept, product or process which is patentable or capable of trademark,
produced by or resulting from the SERVICES rendered by Stantec in connection with the PROJECT, for the life of the
PROJECT. The CLIENT shall not use, infringe upon or appropriate such concepts, products or processes without the
express written agreement of Stantec. In the event Sfanfec's documents are subsequently reused or modified in any
material respect without the prior consent of Stantec, the CLIENT agrees to indemnify Stantec from any claims
advanced on account of said reuse or modification.
Any document produced by Stanfec in relation to the Services is intended for the sole use of Client. The documents
may not be relied upon by any other party without the express written consent of Stanfec, which may be withheld at
Stantec 's discretion. Any such consent will provide no greater rights to the third party than those held by the Client
under the contract, and will only be authorized pursuant to the conditions of Stantec 's standard form reliance letter.
Slanted cannot guarantee the authenticity, integrity or completeness of data files supplied in electronic format
Electronic Files"). CLIENT shall release, indemnity and hold Stantec, its officers, employees, consultants and agents
harmless from any claims or damages arising from the use of Electronic Files. Electronic files will not contain stamps or
seals, remain the property of Stantec, are not to be used for any purpose other than that for which they were
transmitted, and are not to be retransmitted to a third party without Slantec's written consent.
PROJECT PROMOTION: Where the Client has control or influence over construction signage, press releases and /or other
promotional information identifying the project ( "Project Promotion "), the Client agrees to include Stantec in such
Project Promotion.
FORCE MAJEURE: Any default in the performance of this AGREEMENT caused by any of the following events and
without fault or negligence on the part of the defaulting party shall not constitute a breach of contract: labor strikes,
V: \1857\bos -dav \Town of Los Gatos \Town of LG PSAA.Ic
4 Stantec PROFESSIONAL SERVICES AGREEMENT Page 2
approvals, licenses and permits from governmental or other authorities having jurisdiction over the PROJECT so as not to
delay Stantec in the performance of the SERVICES.
Stantec's RESPONSIBILITIES: Stantec shall furnish the necessary qualified personnel to provide the SERVICES. Stantec
represents that it has access to the experience and capability necessary to and agrees to perform the SERVICES with
the reasonable skill and diligence required by customarily accepted professional practices and procedures normally
provided in the performance of the SERVICES at the time when and the location in which the SERVICES were
performed. This undertaking does not imply or guarantee a perfect PROJECT and in the event of failure or partial failure
of the product of the SERVICES, Stantec will be liable only for its failure to exercise diligence, reasonable care and
professional skill. This standard of care is the sole and exclusive standard of care that will be applied to measure Stantec
s performance. There are no other representations or warranties expressed or implied made by Stantec. In particular,
but not by way of limitation, no implied warranty of merchantability or fitness for a particular purpose shall apply to the
SERVICES provided by Stantec nor shall Stantec warrant or guarantee economic, market or financial conditions,
proforma projections, schedules for public agency approvals, or other factors beyond Stantec's reasonable control.
Stantec does not warrant the SERVICES to any third party and the CLIENT shall indemnify and hold harmless Stantec
from any demands, claims, suits or actions of third parties arising out of Stantec's performance of the SERVICES.
In performing the SERVICES under this AGREEMENT, Stantec shall operate as and have the status of an independent
contractor and shall not act as, or be an employee of the CLIENT.
The SERVICES performed by Stantec shall be subject to the inspection and the review of the CLIENT at all times but such
inspection and review shall not relieve Stantec from its responsibility for the proper performance of the SERVICES.
TERMINATION: Either party may terminate this AGREEMENT without cause upon thirty (30) days' notice in writing. If either
party breaches this AGREEMENT, the non- defaulting party may terminate this AGREEMENT after giving seven (7) days'
notice to remedy the breach. On termination of this AGREEMENT, the CLIENT shall forthwith pay Stantec for the SERVICES
performed to the date of termination. Non - payment by the CLIENT of Stantec's invoices within 30 days of Stantec
rendering same is agreed to constitute a material breach of this AGREEMENT and, upon written notice as prescribed
above, the duties, obligations and responsibilities of Stantec are terminated.
SUSPENSION OF SERVICES: If the project is suspended for more than thirty (30) calendar days in the aggregate, Stantec
shall be compensated for services performed and charges incurred prior to receipt of notice to suspend and, upon
resumption, an equitable adjustment in fees to accommodate the resulting demobilization and remobilizotion costs. In
addition, there shall be an equitable adjustment in the project schedule based on the delay caused by the suspension.
If the PROJECT is suspended for more than ninety (90) days, Stantec may, at its option, terminate this agreement upon
giving notice in writing to the CLIENT.
ENVIRONMENTAL: Except as specifically described in this AGREEMENT, Stantec's field investigation, laboratory testing
and engineering recommendations will not address or evaluate pollution of soil or pollution of groundwater.
Where the services include storm water pollution prevention (SWPP), sedimentation or erosion control plans,
specifications, procedures or related construction observation or administrative field functions, CLIENT acknowledges
that such SERVICES proposed or performed by Stantec are not guaranteed to provide complete SWPP, sedimentation
or erosion control, capture all run off or siltation, that any physical works are to be constructed and maintained by the
CLIENT's contractor or others and that Stantec has no control over the ultimate effectiveness of any such works or
procedures. Except to the extent that there were errors or omissions in the SERVICES provided by Stantec, CLIENT agrees
to indemnify and hold Stantec harmless from and against all claims, costs, liabilities or damages whatsoever arising from
any storm water pollution, erosion, sedimentation, or discharge of silt or other deleterious substances into any waterway,
wetland or woodland and any resulting charges, fines, legal action, cleanup or related costs.
BUILDING CODES, BYLAWS AND OTHER PUBLIC REGULATIONS: Stantec shall, to the best of its ability, interpret building
codes, by -laws and other public regulations as they apply to the PROJECT and as they are published at the time
SERVICES commence. Furthermore, Stantec shall observe and comply with all applicable laws, ordinances, codes and
regulations of government agencies, including federal, state, provincial, municipal and local governing bodies having
jurisdiction over the conduct of the SERVICES ( "LAWS "). However, it is expressly acknowledged and agreed by the
CLIENT that as the PROJECT progresses such building codes, by -laws, other public regulations and LAWS may change or
the interpretation of any public authority may differ from the interpretation of Stantec, through no fault of Stantec, and
any extra costs necessary to conform to such changes or interpretations during or after execution of the SERVICES will
be paid by the CLIENT.
Stantec shall continue to provide equal employment opportunity to all qualified persons and to recruit, hire, train,
promote and compensate persons in all jobs without regard to race, color, religion, sex, age, disability or national origin
or any other basis prohibited by applicable laws.
COST AND SCHEDULE OF CONSTRUCTION WORK: In providing opinions of probable cost and project schedule, it is
recognized that neither the CLIENT nor Stantec has control over the costs of labor, equipment or materials, or over the
Contractor's methods of determining prices or time. The opinions of probable cost or project duration are based on
Stantec's reasonable professional judgment and experience and do not constitute a warranty, express or implied, that
v V 857 \bos -dev \Town or Los Gatos \Town of LG PSAA.vc
W= PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into effective January 1, 2015 (the "Agreement Date ") by and between:
CLIENT"
Name: TOWN OF LOS GATOS
Address: 41 Miles Avenue, Los Gatos, CA 95030
Phone: 408- 395 -5310 Fax:
Representative: Jim Harbin, Facility & Environmenotl Program Manager
Stantec"
Name: STANTEC CONSULTING SERVICES INC.
Address: 15575 Lost Gatos Blvd., Bldg C, Los Gatos, CA 95030
Phone: 408 - 827 -3535 Fax:
Representative: Jack Hardin, Managing Principal
PROJECT NAME (the PROJECT"):
Environmental Assessment Services, 41 Miles Avenue, Los Gatos, CA
DESCRIPTION OF WORK: Stantec shall render the services described in Attachment "A" (hereinafter called the
SERVICES ") in accordance with this AGREEMENT, Stantec may, at its discretion and at any stage, engage
subconsultants to perform all or any part of the SERVICES. The CLIENT and Stantec by written amendment to this
AGREEMENT may from time to time make changes to the SERVICES. All changed work shall be carried out under this
AGREEMENT. The time for completion of the SERVICES shall be adjusted accordingly.
COMPENSATION: Charges for the SERVICES rendered will be made in accordance with the CONTRACT PRICE indicated
in Attachment "A ", or, if no CONTRACT PRICE is indicated, in accordance with Staniec's Schedule of Fees and
Disbursements in effect from time to time as the SERVICES are rendered.
Invoices shall be paid by the CLIENT in the currency of the jurisdiction in which the SERVICES are provided without
deduction or setoff upon receipt. Failure to make any payment when due is a material breach of this Agreement and
will entitle Stanfec, at its option, to suspend or terminate this Agreement and the provision of the SERVICES. Interest will
accrue on accounts overdue by 30 days at the lesser of 1.5 percent per month (18 percent per annum) or the
maximum legal rate of interest.
REPRESENTATIVES: Each party shall designate in the space provided above a representative who is authorized to act on
behalf of that party and receive notices under this AGREEMENT. Such representatives have complete authority to act
on behalf of their principals in respect to all matters arising under this AGREEMENT.
NOTICES: All notices, consents, and approvals required to be given hereunder shall be in writing and shall be given to
the representatives of each party. All notices required by this AGREEMENT to be given by either party shall be deemed
to be properly given and received within two (2) business days if made in writing to the other party by certified mail,
telegram, email, facsimile or telex, addressed to the regular business address of such party as identified above.
CLIENT'S RESPONSIBILITIES: The CLIENT shall provide to Stanfec in writing, the CLIENT's total requirements in connection
with the PROJECT, including the PROJECT budget and time constraints. The CLIENT shall make available to Stantec all
relevant information or data pertinent to the PROJECT which is required by Stanfec to perform the SERVICES. Stantec
shall be entitled to rely upon the accuracy and completeness of all information and data furnished by the CLIENT,
including information and data originating with other consultants employed by the CLIENT whether such consultants are
engaged at the request of Stantec or otherwise. Where such information or data originates either with the CLIENT or its
consultants then Stantec shall not be responsible to the CLIENT for the consequences of any error or omission contained
therein.
When required by Stantec, the CLIENT shall engage specialist consultants directly to perform items of work necessary to
enable Stantec to carry out the SERVICES. Whether arranged by the CLIENT or Stantec, these services shall be deemed
to be provided under direct contracts to the CLIENT unless expressly provided otherwise.
The CLIENT shall give prompt consideration to all documentation related to the PROJECT prepared by Stantec and
whenever prompt action is necessary shall inform Stantec of CLIENT's decisions in such reasonable time so as not to
delay the schedule for providing the SERVICES.
When applicable, the CLIENT shall arrange and make provision for Stanfec's entry to the PROJECT site as well as other
public and private property as necessary for Stantec to perform the SERVICES. The CLIENT shall obtain any required
V;A1857Abus devAT.. L Los Gatos \Town of LG PSAuwo
Attachment B
Professional Services Agreement
County of Santa Clara
Department of Environmental Health
Hazardous Materials Compliance Division (HMCD)
Site Mitigation Program / Local Oversight Program (LOP)
1555 Berger Drive, Suite 300
San Jose, CA 95112 -2716
408) 918 -3400; Fax (408) 280 -6479
www.EHinfo.org
For Use In All Areas ofSanta Clara
This document describes required analyses for closure of underground storage tank (UST) systems and
associated site remediation activities occurring anywhere within Santa Clara County. These requirements
replace those previously described in the Unidocs guidance document titled, "Recommended Minimum
Verification Analyses For Underground Storage Tank Leaks" (UN -078). If you have any questions regarding
these requirements, please contact the Santa Clara County Local Oversight Program (LOP) at (408) 918 -3400.
Fuel Oxygenates includes: Methyl Tertiary Butyl Fiber (MTBE), Tert Butyl Alcohol (FBA), Ten Amyl Ether (TAME), Di- Isopropyl Ether (DIPE), and Ethyl T- Butyl Ether (LI BE)
Analyze for Lead scavengers 1,2- Drbromoethane [Ethylene Dibromide (EDB)] and 1,2- Dichloroethane [Ethylene Dichloride (EDC)] only iftelease is pre -1992. Ifageofreleaseisunknown, analyze for both Fuel Oxygenates and Lead Scavengers.
Organic Lead shall be analyzed at all sites storing gasoline prior to 1992.
Analyze all soil and groundwater samples for all constituents ofthe 8260B (full scan) plus all oxygenates and alcohols.
HEM includes what was formerly refen'ed to as "Oil and Grease" and includes a wider range ofhydrocarbous chains (more inclusive)
The analysis for polycyclic aromatic hydrocarbons (PAIL must include Naphthalene, Acenaphthene, Acenaphthylene, Anthraeene, Chrysene, Fluorine,
Fluoranthenc, Phenanthrene, Pyrene, Benzo(b)flun antheuc, Benzopopyrene, Benzo(k)fluoranthene, Benzo(a)anthraceue, Indeno(L2,3c,d)pyrene, Dibenz(a,h)anduacene, and Benzo(g,bj)perylene.
11MCD -LOP -039
I/1 - Rev. 01 /14 /14
REQUIRED LABORATORY ANALYSES
Material Stored Contaminant Soil Groundwater
Gasoline TPH as Gasoline or
Gasoline Range Organies RO) EPA 8260B /C EPA 8260B/C
Leaded and Unleaded) RUN, RUN, Duel Oxygenates , Naphthalene,
and EDC; & Ethanol EPA 82601 EPA 8260B/CEDB
Or anic Lead DHS LUFT DHS LUFT
Diesel, Jet Fuel, Kerosene, TPH as specific to known fuel
and Fuel /Heating Oil fie. ,TPH as Kerosene
ateS ---Nap
EPA 8015 EPA 8015
Excluding Bunker Fuel) TE , BTEX, Fuel Oxygeuates', Naphthalene,
EDB and EDC2, &Ethanol EPA 8260B/C' EPA 8260B/C'
Unknown Fuel Total Petroleum Hydrocarbons (TPH)
TPH as Gasoline EPA 8015 Fuel Screen EPA 8015 Fuel Screen
TPH as Diesel
ganic oIn p------------------------------------------------------- ableVolatile Or antic Com ounds
z afullscan) EPA 8260E (full scan -'°) EPA 8260B (full scan;4
Or anic Lead' DHS LUFT DHS LUFT
Waste Oil, Used Oil, TPH as Gasoline
Unknown Oil, TPH as Diesel EPA 8015 Fuel Screen EPA 8015 Due] Screen.
or Bunker Fuel HEM (Hexane Extractable Materials)' 5 ---- -------- ---- --- - -- - ---- '- EPA 9071 B EPA 1664
Volatile Organic Compounds, including
chlorinated hydrocarbons (full scant, --- EPA 8260B full scan za zaEPA8260Bfullscan
Metals : Cr Pb Ni Zn EPA 60108
PCBs- ------- - ---- -
owlds - ----
EPA 82
Se mi Volatile Org anic Co-
SVOCS), including Polycyclic EPA 8270 EPA 8270
Aromatic H drocarbonss
Fuel Oxygenates includes: Methyl Tertiary Butyl Fiber (MTBE), Tert Butyl Alcohol (FBA), Ten Amyl Ether (TAME), Di- Isopropyl Ether (DIPE), and Ethyl T- Butyl Ether (LI BE)
Analyze for Lead scavengers 1,2- Drbromoethane [Ethylene Dibromide (EDB)] and 1,2- Dichloroethane [Ethylene Dichloride (EDC)] only iftelease is pre -1992. Ifageofreleaseisunknown, analyze for both Fuel Oxygenates and Lead Scavengers.
Organic Lead shall be analyzed at all sites storing gasoline prior to 1992.
Analyze all soil and groundwater samples for all constituents ofthe 8260B (full scan) plus all oxygenates and alcohols.
HEM includes what was formerly refen'ed to as "Oil and Grease" and includes a wider range ofhydrocarbous chains (more inclusive)
The analysis for polycyclic aromatic hydrocarbons (PAIL must include Naphthalene, Acenaphthene, Acenaphthylene, Anthraeene, Chrysene, Fluorine,
Fluoranthenc, Phenanthrene, Pyrene, Benzo(b)flun antheuc, Benzopopyrene, Benzo(k)fluoranthene, Benzo(a)anthraceue, Indeno(L2,3c,d)pyrene, Dibenz(a,h)anduacene, and Benzo(g,bj)perylene.
11MCD -LOP -039
I/1 - Rev. 01 /14 /14
Attachment A
Required Laboratory Analyses for Underground Storage Tank System
Closure
4-1
March 10, 2015
Page 4 of 4
Reference: Proposal for Environmental Assessment Services
41 Miles Avenue, Los Gatos, CA
Task 3 - Preliminary Draft Report and Work Plan Preparation
Stantec Labor - $3,170
Laboratory costs are based on a standard turnaround time. Disposal of groundwater
monitoring well development and purge water is not included in this proposal. Stantec
will not exceed this cost estimate without prior approval by the Town of Los Gatos.
Work will be completed in accordance with the terms and conditions of the Professional
Services Agreement (PSA) between the Town of Los Gatos and Stantec (Attachment B)
and the Stantec 2015 Rate Table 3 (Attachment C).
If you agree to the scope of work and costs presented herein, please sign and return the
attached PSA, authorizing work to commence. We appreciate this opportunity to
provide environmental consulting services to the Town of Los Gatos.
If you have any questions or require additional information, please call Gary Messerotes
at 408-827-3533.
Regards,
STANTEC CONSULTING SERVICES I C
Gary P. Messerotes, PG
Senior Project Manager
Attachments:
Jack Hardin
Managing Principal
Attachment A - Required Laboratory Analyses for Underground Storage Tank System
Closure
Attachment B - Professional Services Agreement
Attachment C - Stantec 2015 Rate Table 3
Design with communlfy in mind
a,
March 10, 2015
Page 3 of 4
Reference: Proposal for Environmental Assessment Services
41 Miles Avenue, Los Gatos, CA
Approximately 72 hours after well development, each of the wells will be sampled. Field
measurements will be collected using a water quality meter, and sampling will be
conducted once parameters have reasonably stabilized. The samples will be collected
and shipped under chain of custody documentation to Torrent Laboratory, Inc., a
California state certified laboratory in Milpitas, CA, for analysis. Based on the fact that
the reported release was from a waste oil tank, the SCCDEH requires the following
analysis be performed for underground storage tank system closures (Attachment A):
Total petroleum hydrocarbons as Gasoline and Diesel by EPA Method 8015 Fuel
Screen with silica gel cleanup;
Hexane extractable materials by EPA 1664;
Volatile organic compounds, including chlorinated hydrocarbons (full scan) by
EPA 8260B:
Metals: Cd, Cr, Pb, Ni, and Zn by EPA 601013;
Polychlorinated biphenyls (PCBs) by EPA 8082A; and
Semi volatile organic compounds, including polycyclic aromatic hydrocarbons, by
EPA 8270
TASK 3 - PRELIMINARY DRAFT REPORT AND WORK PLAN PREPARATION
A preliminary draft report will be prepared following completion of the field tasks, which
will present and validate the collected data, summarize findings, present conclusions,
and recommendations for follow up work. Stantec will submit the report to, and meet
with, the Town of Los Gatos to discuss results and strategize for development of the
SCCDEH regired work plan. Following the meeting, Stantec will prepare a work plan to
be submitted to the SCCDEH before the requested date of June 12, 2015.
ESTIMATED FEES
Stantec proposes to complete the above scope of work on a time and materials basis for
an estimated cost of $23,034. A task breakdown is presented below:
Task 1 - Health and Safety Plan Preparation, Prefield, and Site Reconnaissance
Stantec Labor - $2,620
Task 2 - Well Development, Sampling, Analysis, and Surveying
Sta ntec Labor - $3,922
Materials and Equipment - $860
Subcontractors Fees- $7,176
Analytical Laboratory - $5,296
March 10, 2015
Page 2 of 4
Reference: Proposal for Environmental Assessment Services
41 Miles Avenue, Los Gatos, CA
After reviewing the available documents and our meeting at your office on March 6,
2015, Stantec's proposes to conduct an environmental assessment in phases, with the first
phase of work described below.
SCOPE OF WORK
Stantec will accomplish this project phase in the three tasks described below
TASK 1 - HEALTH AND SAFETY PLAN PREPARATION, PREFIELD, AND SITE RECONNAISSANCE
Stantec will prepare a Site - specific health and safety plan (HASP) in accordance with the
Occupational Safety and Health Administration (OSHA) guidelines set forth in Hazardous
Waste Operations and Emergency Response (29 CFR 1910.120). The HASP describes
potential physical and chemical hazards associated with the proposed scope of work,
and prescribes mitigating measures and safety procedures. The HASP includes
emergency contact information and a driving route to the nearest emergency care
facility. The HASP will be reviewed and signed by all personnel and subcontractors
performing work on the Site. A copy will be present on -Site at all times and kept in an
easily accessed location. Contractors may also work under their own HASP, which will be
at least as stringent as the project- specific Stantec HASP.
Stantec will subcontract with Gregg Drilling & Testing, Inc. (Gregg) for well development,
and Mid Coast Engineers (Mid Coast), for well surveying. Lastly, this task includes a Site
reconnaissance to open the six remaining groundwater monitoring well lids and
determine if the well casings appear to be intact and confirm groundwater total well
depths. This information is needed prior to mobilization for the monitoring welldevelopment.
TASK 2 - WELL DEVELOPMENT, SAMPLING, ANALYSIS, AND SURVEYING
Each of the seven existing groundwater monitoring wells will be redeveloped by Gregg,
under the supervision of a Stantec field geologist. The groundwater well development rig
equipped with a surge block will be used to agitate groundwater within each well prior
to and during well development. A submersible pump or bailer will be used to purge
groundwater and sediment from well casings. Well development will be continued until
water quality parameters (i.e., pH, temperature, specific conductivity, and oxidation -
reduction potential [ORP]) have all stabilized (± 10 percent) or a minimum of ten well
casing volumes of groundwater have been purged from the wells during development.
Groundwater quality parameters will be recorded onto well development field logs.
Purged groundwater will be stored in a secured area on Site in sealed, labeled,
department of transportation (DOT) approved, 55- gallon drums pending disposal.
Stantec Consulting Services Inc.
15575 Los Gatos Boulevard, Building C
Los Gatos CA 95032 -2569
Tel: (408) 356 -6124
Stantec Fax: (408) 356 -6138
March 10, 2015
Mr. Jim Harbin
Facilities & Environmental Programs Manager
Town of Los Gatos
41 Miles Avenue
Los Gatos, CA 95030
Dear Mr. Harbin,
Reference: Proposal for Environmental Assessment Services
41 Miles Avenue, Los Gatos, CA
Case No. 14 -837, SCVW DID No. 08S 1 W21 COI f
Stantec Consulting Services Inc. (Stantec) has prepared this proposal to the Town of Los
Gatos for the scope of work and costs related to environmental assessment services at
the above referenced property (Site).
BACKGROUND
The Site has been owned by the Town of Los Gatos since circa 1957 and is used by the
Town's Department of Public Works Service Center for storage, maintenance, and
dispatch of Public Utility vehicles, equipment, and construction materials. According to
documents located on the Santa Clara Valley Water District Leaking Underground
Storage Tank (SCVWDLUST) website and the State Water Resources Control Board
GeoTracker website, a 400 - gallon concrete waste oil tank was removed in 1987.
Following removal, free floating product (FP) was found in a nearby monitoring well. An
FP skimming system was proposed and apparently installed in August 1990, however,
there has been no documentation since then of the effectiveness of the FP removal
system or any subsequent environmental site activities.
In October 2014, the Santa Clara County Department of Environmental Health (SCCDEH)
issued a letter requesting additional information regarding FP removal, investigations,
groundwater monitoring and remediation that was conducted at the Site to be
submitted to their office, with various requested due dates between January 23, 2015
and April 30, 2015. On February 20, 2015, after receiving an email from your office with
information regarding the destruction of monitoring well E -3 in 1991, the SCCDEH revised
their request to only include a "Work Plan to Address Impediments to Closure" by June
12, 2015.
Town of Los Gatos "APPLICANT" by:
Les terim Toanager
Recommended by:
Matt Morley
Director of Parks and Public Wo s
Approved as to Form:
Robert Schultz, own At orney