1994-129-Execute An Agreement With Geomatix For parking Lot #4RESOLUTION 1994 - 129
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN
AMENDMENT TO AGREEMENT WITH GEOMATIX FOR
PARKING LOT #4 REMEDIATION PROJECT MANAGEMENT TO
ALLOW FOR THE DESTRUCTION OF 13 MONITORING WELLS IN
AND IN THE VICINITY OF THE PARKING LOT
RESOLVED, by the Town Council of the Town of Los Gatos, County of
Santa Clara, State of California, that the Town of Los Gatos enter into an amended
agreement (attached) with Geomatrix for Parking Lot #4 remediation project
management to allow for the destruction of 13 monitoring wells in and in the vicinity of
the parking lot, and that the Town Manager is authorized, and is hereby directed, to
execute said amended agreement in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Los Gatos, California, held on the 6th day of September, 1994 by the following
vote:
COUNCIL MEMBERS:
AYES: Joanne Benjamin, Steven Blanton, Linda Lubeck
Patrick O'Laughlin, Mayor Randy Attaway
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED:
MAYO HE TOW OF LOS GATOS
LOS GATOS, CALIFO IA
ATTEST:
CLERK OF THE TOWN OF COS GATOS
LOS GATOS, CALIFORNIA
MGR074 AACNC1-RPTS \9- 6 -1AES ATTACHMENT 1
CLERK
J�'1Q
AMENDMENT TO AGREEMENT FOR PARKING LOT 04
REMEDIATION PROJECT MANAGEMENT
This amendment is entered into this day of , 19_, by and between the Town
of Los Gatos, State of California, herein called the "Town' and Geomatrix, engaged in
providing remediation project management consulting services herein call the "Consultant"
RECITALS
A. On May 16, 1993 Town and Consultant entered into an agreement for Parking Lot #4 -
Remediation Project Management ('Agreement').
B. Town and Consultant desire to amend the Agreement.
AGREEMENTS
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. Scope of Services. Section 1 of the Agreement is amended by the following addition to
the Scope of Services:
Task 8 Well Destruction
a. Obtain well destruction permits from the Santa Clara Valley Water District.
b. Notify Underground Services Alert (USA) and arrange for a utility check to be
performed to clear the well locations for overdrilling.
c. On -site observation, well destruction and documentation of well destruction activities
(pressure grout nine wells located in the parking structure, and overdrill and grout
four wells in the neighboring streets).
d. Preparation and filing of state well destruction reports.
e. Preparation of letter report documenting field activities.
2. Time of Performance. Section 2 of the Agreement is amended by the following addition:
Task 8: Field activities will be completed in three days and the entire project will be
completed by October 1, 1994. For public safety, the lower level of the parking lot will
need to die closed for one day to pressure grout the wells. The Town will coordinate
closure with Geomatrix. State well destruction reports and the letter report will be
completed within four weeks of completion of field activities.
ON
3. Compensation. Section 6 of the Agreement is amended by the following addition:
Task • Total cost of well destruction shall not exceed $15,400.
4. No Further Amendments. Except as provided herein, the Agreement is not amended
or modified and all its terms and conditions remain in full force and effect.
IN WITNESS WHEREOF, the Town and Consultant have executed this amendment to the
Agreement as of the date indicated on page one (1).
TOWN OF LOS GATOS
David W. Knapp, Town Manager
Attest:
Marian V. Cosgrove
Clerk of the Town of Los Gatos
Approved as to Form:
Larry Anderson
Town Attorney
GEOMATRIX CONSULTANTS, INCORPORATED
Tom Graf, P.E., Vice President
►a
STATE OF CALIFORNIA PETE WILSON. �,"�.
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
SAN FRANCISCO BAY REGION `
2101 WE85TER STREET, SUITE 500
OAKLAND. CA 94612
(510) 286-1255 J 16
Mr. Mark Linder
Town of Los Gatos
118 East Main Street
Los Gatos CA 95032
une , 1994
File No. 2188.20 (REB)
LOP No. 08S 1 W21 E02f
RB File No. 43 -1833
SMS No. 0897
Subject: Site Closure at Town of Los Gatos Parking Lot No. 4, 20 Grays Lane, Los
Gatos CA
Dear Mr. Linder:
We have received the following reports about the above site:
I. Geomatrix Consultants, May 11, 1992: "Investigation of Gasoline Affected Soil,
Parking Lot No. 4..."
2. Geomatrix Consultants, May 4, 1992: "Technical Report and Workplan, Parking
Lot No. 4..."
3. URS Consultants, Inc., April 20, 1992: "CERCLA Site Inspection, PG &E Gas
Plant ... 20 Grays Lane..."
4. Applied GeoSystems, June 21, 1991: "General Workplan for Subsurface
Investigations and Remediation at Parking Lot No. 4..."
6. Applied GeoSystems, February 28, 1991: "Remedial Action Workplan for
Remediation of Onsite Soil ... Parking Lot No. 4..."
7. Geomatrix Consultants and Applied GeoSystems: February 2, 1991 through
January 28, 1994: Quarterly groundwater monitoring reports
Based on our review of these reports, we make the following findings:
I. the crude oil plume onsite has been adequately defined and is largely confined to
the site. The crude oil has been onsite approximately 60 years, is highly degraded,
and is relatively insoluble and immobile.
ATTACHMENT 2 o,
Mr. Mark Linder
Town of Los Gatos
Page 2 of 2
June 16, 1994
2. Soil in the immediate vicinity of the former underground storage tank (UST) is
affected by total petroleum hydrocarbons as gasoline (TPHg). No benzene,
toluene, ethylbenzene, or xylene (BTEX) have been found in soil in this area.
3. Water samples taken from monitoring wells in the former UST area over the last
four sampling events have detected petroleum hydrocarbons at maximum
concentrations of 2700 parts per billion (ppb) TPHg, 400 ppb total oil and grease
(TOG), and 30 ppb benzene. This plume has been adequately defined. The
petroleum compounds in this area are highly degraded, limited in extent, and are
relatively insoluble and immobile.
3. Groundwater samples taken from upgradient offsite monitoring wells have detected
elevated levels of volatile organic componds (VOC's). The presence of low levels of
VOC's onsite appears to be the result of upgradient sources.
4. Samples taken from monitoring wells downgradient of the crude oil plume and
former UST have not detected TPHg, total petroleum hydrocarbons as diesel (TPHd),
BTEX, or TOG for five consecutive quarterly sampling events. The direction and
magnitude of the hydraulic gradient over the site has remained consistent over this
same period.
5. The site is capped by a parking garage, limiting potential for rainwater infiltration
and human exposure.
Based on the above findings, the site does not appear to pose a threat to offsite groundwater.
Therefore, with the provision that the information in the above reports was accurate and
representative of site conditions, no further action is required at the above site. The wells
may be destroyed per Santa Clara Valley Water District guidelines. Thank you for your
cooperation during this process.
Please contact Kevin Graves at (510) 286 -0435 if you have any questions regarding this
matter.
Sincerely,
Steven R. Ritchie
Executive Officer
cc: Ms. Dawn Zemo /Geomatrix Consultants, Inc.
Mr. Tom Iwamura/SCVWD
Mr. Lee EsquibeUSCCDEH
Mr. James Giannopoulos/SWRCB -CWP Stephen I. Morse
Ms. Lola Barba/SWRCB -CWP Chief, Toxics Divsion
AGREEMENT FOR PARKING LOT #4 / y3
REMEDIATION PROJECT MANAGEMENT - - - --
THIS AGREEMENT is entered into this /C YYk day of _/�;�� 19 31
by and between the Town of Los Gatos, State of California, herein called the) Town ", and
Geomatrix, engaged in providing remediation project management consulting services herein
called the "Consultant ".
RECITALS
A. The Town is considering undertaking activities to remediate the contaminated soil on
Parking Lot #4, 20 Grays Lane, Los Gatos.
B. The Town desires to engage a geological /environmental consultant to provide
consulting services in conjunction with overseeing the remediation process for Parking
Lot #4.
AGREEMENTS
NOW, THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
1. Scone of Services. The Consultant shall provide the following services listed
below:
Task 1 Pre - Remedial Coordination and Services in Support and Preparation
of "Report of Findings" dated April 3 1992
Task 2 Preparation of 'Technical Report and Work Plan" dated May 4 1992
Task 3 Implementation of TPHe Investigation and Remediation
3A. Preparation of "Scope of Work" (6 April 1992), exploratory field
work, laboratory analyses, data reduction, and preparation of
"Investigation of Gasoline- Affected Soil" report dated 11 May 1992
'313. Design and completion of field work for implementing one of the
following alternative remedial measures
1) Sample MW1 and MW8 and install two well points for
contingent use
2) In -situ remediation by vaporization
3) Remediation by excavation
x
MGRO59 A: \MISC\GEOMATRL #S Page 1 of 7
ATTACHMENT. 3
Task 4 Environmental &,rvices Related to Construction Activities
1) Two trips by Geomatrix staff per week to observe and
document stockpile locations and placement of excavated,
contaminated soil
2) Soil samples collection and fingerprint analysis
3) Additional TPHG and BTEX analyses as required based on
field observations
4) Letter report documenting soil handling and replacement
5) Client consultation (up to 15 hours after May 14, 1992)
Task 5 General Project Management
Services between March 3, 1992 and project close -out related to
staffing, scheduling, budget tracking, client consultation, and
interactions with the Town and the RWQCB.
Task 66 Legal Support
Task 7 Groundwater Monitoring
1. Measure water levels quarterly in all accessible project
monitoring wells.
2. Develop and sample off -site monitoring wells MW -9, MW-
10, and MW -11; analyze once (first quarter) for total petroleum
hydrocarbons as gasoline (TPHg) and total petroleum
hydrocarbons as diesel (TPHd) by EPA Method 8015, for
benzene, toluene, ethylbenzene, and xylenes (BTEX) by EPA
Method 8020, for total oil and grease (TOG) by Method 413.1,
and for halogenated volatile organic compounds (VOCs) by
EPA Method 8240. If samples from MW -9, MW -10, and MW-
11 are non - detect for VOCs, Geomatrix will develop an
appropriate investigation program to address the reported
presence of VOCs in on -site groundwater.
3. Develop recently - installed monitoring well E -1 (replacement
for MW -8, which was destroyed during parking garage
construction). Sample E -1 and MW -1 once (first quarter) and
analyze for TPHg by EPA Method 8015 and for BTEX by EPA
Method 8020.
MGRO59 A: \MISC\GEOMATRI.S5 Page 2 of 7
4. Sample MW -12 and MW -13 quarterly and analyze for TPHg
and TPHd by EPA Method 8015, for BTEX by EPA Method
8020, and for TOG by Method 413.1. If these constituents are
detected during a quarter, selected upgradient wells (likely
MW -1, MW -9, MW -10) will be sampled during the subject
quarter and analyzed for detected constituents. Using these
data, Geomatrix will evaluate whether the detections in MW-
12 and MW -13 are related to off -site sources.
5. Collect and analyze samples of purge water as necessary during
the program to assist the Town with appropriate disposal
options.
6. Subcontract for an elevation survey of E -1(new well) and MW-
1 (stick -up added during construction). These data are
necessary for calculations of water -level elevations.
7. Prepare quarterly reports for submittal to the Town. The
reports will include a discussion of quarterly monitoring
activities, a water -level elevation contour map, a table of water -
level elevations, a presentation of the analytical results, a
description of protocols used in performing the work, a
discussion of quality assurance /quality control, laboratory
reports, and a schedule for the following quarter. The fourth
quarterly report will present a recommendation for either
continued quarterly monitoring, annual monitoring and
reporting, or site closure, depending on analytical results.
2. Time of Performance The services of the Consultant began on March 3, 1992
and shall end upon completion of construction of the parking structure or the
conclusion of litigation whichever is later. Time for performance of each task
is as follows:
Task 1: March 3 -April 6, 1992
Task 2: April 13 -May 5, 1992
Task 3A: April 8 -May 12, 1992
Task'3131: Complete in coordination with construction schedule
3132
& 3133: To be performed only if conditions require and express written
authorization is given
Task 4: April 30 through completion of construction of parking structure
Task 5: March 3, 1992 through completion of construction of parking
structure or termination of litigation, whichever is later
Task 6: March 30 through completion of litigation
Task 7: March, 1993 through December, 1993
MGRO59 A: \M1SC\GE0MATRL#5 Page 3 of 7
3. Compliance with Laws. The Consultant shall comply with all applicable laws,
codes, ordinances, and regulations of governing federal, state and local laws.
Consultant represents and warrants to Town that it has all licenses, permits,
qualifications and approvals of whatsoever nature which are legally required for
Consultant to practice its profession. Consultant represents and warrants to
Town that Consultant shall, at its sole cost and expense, keep in effect or obtain
at all times during the term of this Agreement any licenses, permits, and
approvals which are legally required for Consultant to practice its profession.
Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 15 of the Code of the Town of Los Gatos.
4. Confidential Information. All data, documents, discussion or other information
developed or received by or for the Consultant in performance of this
Agreement are confidential and will not be disclosed to any person except as
authorized by the Town Manager, or designee or as required by law.
S. Town Property. All materials and compilations of information produced by the
Consultant specifically to perform this Agreement are and remain property of
the Town regardless of whether such materials and compilations are required
to be, or are, actually delivered to the Town.
6. Compensation. Geomatrix Consultants, Incorporated shall be paid on an hourly
basis for professional services, administrative overhead, and reimbursable
expenses as detailed in " Geomatrix Consultants, Incorporated 1992 Schedule of
Charges and Conditions" attached as Attachment 1 and incorporated by
reference. Payment shall be made at the Town's next issue of warrants following
receipt of billing. Compensation for each task shall be as follows:
Task 1: Total cost shall not exceed $38,000
Task 2: Total cost shall not exceed $6,500
Task 3A: Total cost shall not exceed $31,000
Task 3B1: Total cost shall not exceed $12,000
Task 3132: Total cost shall not exceed $119,000
Task 3133: Total cost shall not exceed $589,000
Task 4: Total cost shall not exceed $28,950 (Phase 1 [April 30-May 14:
$4,800]; Phase 2 [May 14 - Completion of construction of parking
structure: $24,150])
Task 5: Total costs shall not exceed $10,000 (Phase 1 [March 3 -May 22]:
$6,900; Phase 2 [May 23 - Completion of construction of parking
structure: $3,100])
Task 6: Time and materials
MGRO59 A: \MISC\GEOMAM. #5 Page 4 of 7
Task 7: Geomatrix staff and equipment (field work)
$12,700
Laboratory analysis
12,400
Elevation survey
400
Data evaluation and reporting
17,000
Project management
3,000
Contingency sampling
3,200
ESTIMATED TOTAL
$48,700
7. Independent Contractor. It is understood that the Consultant, in the
performance of the work and services agreed to be performed, shall act as and
be an independent contractor and not an agent or employee of the Town. As
an independent contractor he /she shall not obtain any rights to retirement
benefits or other benefits which accrue to Town employee(s). With prior written
consent, the Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or
assign or transfer interests under this Agreement.
8. Conflict of Interest. The Consultant has no holdings or interests within the
Town of Los Gatos. Consultant has no business holdings or Agreements with
any member of the staff or management of the Town or its representatives.
9. Insurance.
A. Minimum Scope of Insurance:
Consultant agrees to have and maintain, for the duration of the
contract, a General Liability insurance policy insuring him /her and
his /her firm to an amount not less than: one million dollars
($1,000,000) combined single limit per occurrence for bodily injury,
personal injury and property damage.
ii. Consultant shall provide to the Town all certificates of insurance,
with original endorsements effecting coverage. Consultant agrees
that all certificates and endorsements are to be received and
approved by the Town before work commences.
iii. Consultant shall provide to the Town all certificates of insurance,
with original endorsements effecting coverage. Certificates of such
insurance shall be filed with the Town on or before commencement
of performance of this agreement and a copy of insurance policy shall
be attached as Attachment 2.
iv. Consultant agrees to have and maintain, for the duration of the
contract, professional liability insurance in amounts not less than
$1,000,000 insuring Geomatrix for professional errors or omissions
in the performance of work under this agreement.
MGRO59 A: \M1SC\GE0MATR1.#5 Page 5 of 7
B. General Liability:
i. The Town, its officers, officials, employees and volunteers are to be
covered as insured as respects: liability arising out of activities
performed by or on behalf of the Consultant; products and completed
operations of Consultant, premises owned or used by the Consultant.
ii. The Consultant's insurance coverage shall be primary insurance as
respects the Town, its officers, officials, employees and volunteers.
Any insurance or self - insurance maintained by the Town, its officers,
officials, employees or volunteers shall be excess of the Consultant's
insurance and shall not contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the Town, its officers, officials,
employees or volunteers.
iv. The Consultant's insurance shall apply separately to each insured
against whom a claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
C. All Coverage: Each insurance policy required in this item shall be
endorsed to state that coverage shall not be suspended, voided, cancelled,
reduced in coverage or in limits except after thirty (30) days' prior written
notice by certified mail, return receipt requested, has be given to the Town.
current certification of such insurance shall be kept on file at all times
during the term of this agreement with the Town Clerk.
10. Indemnification. The Consultant shall save, keep and hold harmless indemnify
and defend the Town its officers, agent, employees and volunteers from all
damages, costs or expenses in law or equity that may at any time arise or be set
up because of damages to property or personal injury received by reason of, or
in the course of performing work which may be occasioned by a willful or
negligent act or omissions of the Consultant, or any of the Consultant's
employees, or any sub - consultant. The Town will not be held liable for any
accident, loss or damage to the work prior to its completion and acceptance.
11. Waiver. No failure on the part of either party to exercise any right or remedy
hereunder shall operate as a waiver of any other right or remedy that party may
have hereunder.
12. Governing Law. This Agreement, regardless of where executed, shall be
governed by and construed to the laws of the State of California.
MGRO59 A: \MISC\GEOMAM.#5 Page 6 of 7
13. Termination of Agreement. The Town may terminate this agreement without
cause by giving not less than fifteen (15) days written notice of termination. The
Town may terminate this agreement with cause by giving 24 hour written notice.
In the event of termination, the Consultant shall deliver to the Town all plans,
files, documents, reports, performed to date by the Consultant. In the event of
such termination, the Consultant shall be paid for all satisfactory work, unless
such termination is made for cause, in which event, compensation, if any, shall
be adjusted in light of the particular facts and circumstances involved in such
termination.
14. Entire Agreement. This Agreement constitutes the complete and exclusive
statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this
Agreement, unless hereafter made in writing and signed by the party to be
bound, shall be binding on either parry.
15. Disputes In any dispute over any aspect of this agreement the prevailing party
shall be entitled to reasonable attorney's fees, as well as all reasonable costs (not
limited to those allowed by statute).
16. Execution. This Agreement may be executed in several counterparts each of
which shall constitute one and the same instrument and shall become binding
upon the parties when at least one copy, here of shall have been signed by both
parties hereto. In proving this agreement, it shall not be necessary to produce
or account for more than one such counterpart.
IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement
as of the date indicated on page one (1).
Town of Los Gatos Geomatrix Consultants, Incorporated
W. Knapp, Town`Wnager Toro /Grb , f.E.\V ie President
ATTEST:
Clerk of the Town of Los Gatos, Approved as to Form:
Los Gatos, California
Marian V. Cosgrove U Ames P. Jackson r
Town Clerk Interim Town Attorney
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