date to effectuate such cure. In the event of a termination under this Section 5.1, Contractor/Service Provider shall immediately provide City with copies of any and all “Work Product” (defined in Section 6 below) prepared by Contractor/Service Provider as part of the Required Services. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’s receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default.
5.2. Termination or Suspension for Cause by Contractor/Service Provider. If for any reason whatsoever the City shall fail to timely provide payment to Contractor/Service Provider pursuant to this Agreement or to timely comply with Section 1.11 herein (each a “Payment Default”), in addition to any and all other rights and remedies Contractor/Service Provider may have under this Agreement, at law or in equity, Contractor/Service Provider shall have the right to terminate or suspend this Agreement by giving fourteen (14) days written notice to the City and Contractor/Service Provider. Such notice shall identify the Payment Default and the effective date of the termination or suspension of the Agreement . If the City notifies Contractor/Service Provider of its intent to cure such Payment Default prior to the termination date specified in the notice, Contractor/Service Provider shall provide the City with up to ten (10) additional days after the specified termination date to effectuate such cure.
5.3. Removal of Evidence Tows Upon Expiration or Termination. Upon the expiration or earlier termination of this Agreement, all Evidence Tows in the possession, custody and/or control of Contractor/Service Provider shall be returned to the City and/or transferred to the possession, custody and/or control of another contractor or service provider of the City’s choosing (an “Evidence Tows Transferee”). All Evidence Tows must be removed from the possession, custody and/or control of Contractor/Service Provider within sixty (60) days of the effective date of any termination or the expiration of this Agreement. The City shall provide Contractor/Service Provider with not less than ten (10) days’ notice of the date that the City and/or an Evidence Tows Transferee intends to reclaim and/or transfer the Evidence Tows from the possession, custody and control of Contractor/Service Provider . The City shall be solely responsible for organizing and coordinating any such return and/or transfer of the Evidence Tows. The City, through an Evidence Tows Transferee and/or its officers, officials, employees, contractors and/or agents, shall oversee and supervise any and all steps necessary to return and/or transfer the Evidence Tows. The City shall also provide a police escort in order to properly facilitate the preservation of evidence during the return and/or transfer of the Evidence Tows. Along with the Evidence Tows, Contractor/Service Provider shall return to the City or transfer to an Evidence Tows Transferee any and all data, documents, reports, records, contracts, and supporting materials relating to the Evidence Tows which the City and/or an Evidence Tows Transferee shall be exclusively responsible for the maintenance and upkeep thereof.
5.4. Termination for Convenience of City. City may terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Contractor/Service Provider of such termination at least one hundred and eighty (180) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider shall immediately cease all work under the Agreement and promptly deliver all “Work Product” (defined in Section 6 below) to City. Contractor/Service
Provider shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City’s value under the Agreement.
5.5. Waiver of Claims . In the event either Party terminates the Agreement in accordance with the terms of Section 5, the party terminating the Agreement expressly waives any and all claims for damages or compensation as a result of such termination, except as expressly provided in Section 5.
5.6. Administrative Claims Requirements and Procedures . No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Section 1104 of the Vallejo Municipal Code, as same may be amended, the provisions of which, including such policies and procedures used by City in the implementation of same, are incorporated herein by this reference. Upon request by City, Contractor/Service Provider shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement.
5.7. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in Solano County, State of California.
5.8. Service of Process . Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider by first class mail directed to the individual and address listed under “For Legal Notice,” in section 1.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing.
6. OWNERSHIP AND USE OF WORK PRODUCT
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services shall collectively be defined as “Work Product” and shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Contractor/Service Provider in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, , in whole or in part, any such Work Product, without requiring any permission of Contractor/Service Provider, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Contractor/Service Provider shall make available to City, upon reasonable written request and
not less than five (5) business days’ notice by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
7. GENERAL PROVISIONS
7.1. Amendment. This Agreement may be amended, but only in writing signed by both Parties.
7.2. Assignment. City would not have entered into this Agreement but for Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City’s prior written consent, which City may grant, condition or deny in its sole discretion.
7.3. Authority. The person(s) executing this Agreement for Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider or any board, principle or officer thereof.
7.4. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart.
7.5. Entire Agreement. This Agreement, together with all exhibits attached hereto, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. The parties also intend that this complete, exclusive, and fully integrated Agreement may not be supplemented or interpreted by any evidence of trade usage or course of de aling. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded.
This Agreement shall supersede the Tow Rotation Agreement only with respect to Evidence Tows. All other tow requests shall be conducted under the Tow Rotation Agreement.
7.6. Record Retention . During the course of the Agreement and for three (3) years following completion of the Required Services, Contractor/Service Provider agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub- Contractor/Service Providers.
7.7. Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties.
7.8. Independent Contractor . Contractor/Service Provider is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees,
agents or volunteers shall have control over the conduct of Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker’s compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individua ls are employees or agents of City.
Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner.
7.9. Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing.
7.10. Electronic Signatures . Each Party agrees that the electronic signatures, whether digital or encrypted, of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic Signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a Party with the intent to sign such record, including facsimile or email electronic signatures, pursuant to the California Uniform Electronic Transactions Act (Cal. Civ. Code §§ 1633.1 to 1633.17) as amended from time to time.
(End of page. Next page is signature page.)
SIGNATURE PAGE
CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT
IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date.
BOB’S TOW SERVICE
BY:
ROBERT KUKURUZA
Manager
CITY OF VALLEJO
BY:
ANDREW MURRAY
City Manager
ATTEST:
DAWN ABRAHAMSON
City Clerk
APPROVED AS TO CONTENT:
JASON TA
Chief of Police
APPROVED AS TO FORM:
VERONICA NEBB
City Attorney
APPROVED AS TO INSURANCE:
ARMOND SARKIS
Risk Manager
EXHIBIT A
SCOPE OF WORK
I. CONTACTS FOR CONTRACT ADMINISTRATION AND LEGAL NOTICE
A. City Contract Administration: Vallejo Police Department 111 Amador St.
Vallejo, CA 94590
(707) 645-5565
For Legal Notice Copy to:
City of Vallejo
City Attorney’s Office
555 Santa Clara St.
Vallejo, CA 94590
(707) 648-4545
[email protected]
B. Contractor/Service Provider
Contract Administration:
Bob’s Tow Service, Inc.
1112 Beach St.
Vallejo, CA 94590
(707) 644-1051
[email protected]
For Legal Notice Copy to:
Sam Kukuruza, Chief Executive
Officer/Manager, same as above
II. TOW AND IMPOUND SERVICES
A. Response To City Calls.
1. If on-call during a rotation, Contractor/Service Provider shall respond to calls 24 hours a day, seven (7) days a week. For tow service requests, Contractor/Service Provider shall respond within thirty (30) minutes of being notified by the City. “Response time” shall be measured from the time of notification to arrival at the tow site.
2. Contractor/Service Provider shall respond with a properly equipped tow truck of the class required to tow the vehicle and perform requested service.
3. Contractor/Service Provider shall advise City dispatch, at the time of notification, if Contractor/Service Provider is unable to respond or unable to meet the maximum response time.
4. Only Contractor/Service Provider’s personnel and equipment requested shall respond to a City call.
5. Contractor/Service Provider shall not respond to a City call assigned to another Contractor/Service Provider or re -assign a call to another Contractor/Service Provider or to another tow company.
B. Evidence Storage. Evidence storage is only available to a Contractor/Service Provider also participating in the Tow Rotation Agreement.
1. Vehicles impounded by the VPD for investigative purposes shall be held in maximally secured, non-public areas of the Contractor/Service Provider property, until VPD removes its evidence hold on the vehicle.
2. Any property or other contents of such vehicles shall not be removed by any person other than a peace officer or evidence technician employed by the City.
3. A Contractor/Service Provider who stores evidentiary vehicles shall furnish a report to VPD each month detailing which cars are being held for evidence. Failure to provide a report shall relieve the City from responsibility to pay storage fees for these vehicle.
4. A Contractor/Service Provider participating under this section shall maintain a minimum of one flatbed tow truck for Evidence Tows.
5. VPD retains the right to enlist the service of a non -rotation tow company when circumstances are beyond the capabilities of the tow companies on the VPD Rotation Tow List.
6. Compliance with all conditions set forth in this Exhibit and the Rotation Tow Agreement is mandatory.
7. Evidence Vehicle Storage. Participation in evidence vehicle storage requires indoor storage facilities. Due to the fragile nature of most trace evidence, it is necessary that vehicles be stored indoors to protect them from the elements and potential contamination by unauthorized persons. Indoor vehicle storage facilities must meet the fol lowing minimum requirements:
(a) The space shall be lockable to prevent access by unauthorized individuals.
(b) Access to indoor storage facilities shall be limited to the tow driver storing the vehicle. Once the vehicle is in storage, the vehicle must be sealed with a Vallejo Police Department seal, and only be accessible to authorized VPD personnel.
(c) The indoor storage facility shall be clean, dry and well lit, to facilitate evidence processing and collection.
(d) The indoor storage facility shall be sufficient to accommodate the storage of three full-size vehicles, and to allow VPD evidence personnel to easily process the stored vehicles.
(e) Each storage space shall have a minimum of two duplex electrical outlets.
(f) The indoor storage facility shall meet current applicable building codes.
(g) The indoor storage facility shall be equipped with an alarm system that reports to a central control facility.
(h) The indoor storage facility shall be secured on all sides and have a roof that
will maintain an evidence vehicle in a clean and dry condition.
(i) The indoor storage facility shall have exterior security lighting. The storage facility shall be surrounded by cyclone fencing topped with three strands of barbed wire.
8. VPD agrees to remove an evidence vehicle from indoor storage as quickly as circumstances will allow.
9. The fees for Vallejo Police Department indoor vehicle evidence storage shall be:
(a) One Hundred Dollars ($100) for the tow service fee, for the first (1st) hour of towing services furnished, and standard rates (i.e., Two Hundred Dollars ($200) per hour) , pursuant to Section 6.A. of the Tow Rotation Agreement, from and after the first (1st) hour of towing services; (b) Thirty-Five Dollars ($35) per day of indoor storage; and (c) Ten Dollars ($10) per day, in the event that the vehicle is moved to outside storage.
10. Normal storage rates apply once VPD has notified the Contractor/Service Provider that the vehicle is no longer under an evidence hold.
11. VPD is not responsible for any fees incurred once the tow operator has been notified that the vehicle is no longer under an evidence hold.
12. The tow operator may charge the vehicle owner for daily storage after VPD removes its evidence hold.
C. On-Scene Duties. Upon arriving on- scene, Contractor/Service Provider’s employee shall report to the Peace Officer in charge and discharge its duties in accordance with the following requirements:
1. Shall make every reasonable effort to comply with direction provided by the officer-in- charge.
2. Shall be responsible for removing and appropriately disposing of collision-related debris, including broken glass, from the public right - of-way to ensure public safety.
3. May make any emergency alterations reasonably required to safely move and/or tow vehicles.
III. GENERAL TERMS & CONDITIONS
A. Consumer Complaints. The Chief of Police or designee will review and investigate consumer complaints at his/her discretion, whether such complaints are provided to the Contractor/Service Provider or to the City directly. Excessive, valid consumer complaints, or improper handling of same by may result in termination of the Agreement.
B. City Errors & Omissions. When any vehicle has been ordered towed by the City,
and it is established by City in its sole discretion that the tow was in error, Contractor/Service Provider shall release the vehicle to its registered owner or legitimate claimant at no cost. In the case of erroneous towing, Contractor/Service Provider shall charge the City at a rate of $50 per tow and a maximum storage rate of $10 per day.
C. Demeanor and Conduct. While involved in City- initiated tow operations or related business, the tow company owner and/or employees shall refrain from any acts of misconduct including, but not limited to, any of the following: rude or discourteous behavior; lack of service, selective service, or refusal to provide service which the company is capable of performing; any act of sexual harassment or sexual impropriety; unsafe driving practices; or exhibiting any objective symptoms of alcohol or drug use.
D. Responsibility for Acts of Employees. Contractor/Service Provider shall be responsible for all acts of its employees while those employees are performing services for the City.
E. Compliance with Law. Contractor/Service Provider and its employees shall at all times comply with federal, state and local laws and ordinances, including but not limited to business, building, construction, and zoning requirements. Evidence that an owner or manager is operating any illegal business, or has an ownership interest in any illegal business, may result in termination of the Agreement.
F. Amendments to Scope of Work. City may independently, or upon request from Contractor/Service Providers, increase or reduce the scope of work to be performed. Upon doing so, City and Contractor/Service Provider agree to meet in good faith and confer for the purpose of resolving issues of concern to either party that may arise from such an increase or reduction in scope of work.
G. Notification of Arrest or Conviction. Contractor/Service Provider shall notify the City of any arrest and/or conviction of a tow truck owner, manager or driver, immediately, but no later than prior to the beginning of the relevant party’s next work shift. Any arrest and/or conviction of a tow company owner or
employee involving a stolen or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a crime of violence, a sexual offense, a drug-related offense, driving while under the influence of alcohol or drugs, a driving offense resulting in damage to property or injury to a person, or a crime of moral turpitude, as defined below, immediately disqualifies such employee from providing services under this Agreement, and in the case of an owner or manager, may result in termination of the Agreement. The City reserves the right to periodically conduct criminal history inquiries, which may require an owner, manager or employee to be fingerprinted or to provide personal identifying information. The City shall keep personal identifying information confidential to the extent allowed by law.
For the purposes of this Section, a crime of moral turpitude is conduct which is contrary to justice, honesty, modesty, or good morals, for which there is a nexus, or logical relationship between the criminal conduct and the individual’s fitness to engage in the towing business – California Department of Motor Vehicles driver license and endorsement guidelines.
H. Tow Companies Not Authorized to Represent City. Contractor/Service Providers shall have no authority to act as City’s agent to bind City to any contractual agreements whatsoever.
IV. CONTRACTOR’S BUSINESS REQUIREMENTS
A. Place of Business. Contractor/Service Provider’s place of business must have a sign which clearly identifies it to the public as a tow service. The sign must have letters which are clearly visible to the public from the street and must be visible at night.
B. Business Hours. Contractor/Service Provider’s business hours must be posted in plain view to the public.
C. Motor Carrier Property Permit. Contractor/Service Provider must have a valid Motor Carrier Property (MCP) permit and maintain a valid MCP permit during the term of the Agreement. The expiration of Contractor/Service Provider’s MCP and/or suspension of the MCP pursuant to Section 34623 C VC will result in the immediate suspension of its Agreement with the City and may result in termination of its Agreement.
D. Tow Truck Driver Certification. Contractor/Service Provider shall ensure tow truck drivers responding to calls initiated by the City are competent and have completed a Tow Service Agreement Advisory Committee (TSAAC) approved tow truck driver training program as outlined in the California Highway Patrol’s Tow Service Agreement. These records are subject to inspection by City during business hours.
1. Contractor/Service Provider shall maintain documentation of completion of an approved tow truck driver training program within the past five (5) years. Tow truck driver documentation should be for the appropriate class of tow truck.
2. Tow truck drivers shall be at least 18 years of age and shall possess the proper class of license and endorsements for the towed and towing vehicle.
E. Tow Truck Driver Uniform, Appearance and Safety Garments
1. Tow truck drivers shall wear an identifiable uniform (either shirt and pants, or coveralls) displaying the Contractor/Service Provider’s name and the driver’s name while engaged in City tow operations.
2. Tow truck drivers shall wear appropriate safety warning garments (e.g. vests, jackets, shirts, retroreflective clothing) during daylight and hours of darkness in accordance with Cal/OSHA Regulations (Title 8, Section 1598 CCR.)
F. Tow Truck Requirements. A tow truck company must equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the CCR, and in a manner consistent with industry standard and practices.
1. Tow Truck and Car Carrier Classifications: Tow truck and car carrier classifications are based on the truck chassis GVWR and the classification system used by the American Truck Association (ATA) and truck manufacturers.
2. Each truck shall be equipped with the lighting systems as required by California Vehicle Code (CVC) Sections 24605, 24606 and 25253.
Additionally, trucks shall be equipped with utility lamp lighting systems that comply with CVC Section 25110.
3. Each truck shall carry the miscellaneous equipment required by CVC Section 27700.
4. Each tow truck shall be equipped with a minimum of one broom, one shovel, and two covered buckets. Each bucket shall have a minimum capacity of three gallons. One bucket will contain at least three gallons of absorbent material (such as sand or similar material in keeping with E.P.A. guidelines) capable of soaking fluids. One bucket shall be used for placement of debris and other materials cleaned from an incident site.
All State and Federal
E.P.A. guidelines shall be followed.
G. Tow Truck Identification. Each truck responding to requests for City initiated tow and impound services shall, on both sides of the vehicle, conspicuously bear the company name, address and phone number(s) in lettering that complies with CVC Section 27907.
H. Tow Truck Communications. Each truck responding to requests for City- initiated tow and impound services shall be capable of effecting two- way communications between the truck and the tow company’s dispatching operation. Tow companies may determine the type of two- way communications between their truck and their dispatcher, as long as it complies with all applicable sections of the California Vehicle Code (CVC).
I. Tow Truck Maintenance. Each truck responding to requests for City- initiated tow and impound services shall be well maintained and clean on the exterior and interior and should reflect a clean and professional image for the Contractor/Service Provider and the City.
J. Tow Truck Inspections. At its discretion, the City shall conduct inspections without notice of all tow trucks utilized on City rotation calls. The intent of these inspections is to ensure the Contractor/Service Provider is engaged in an ongoing safety maintenance program for its tow trucks.
K. Storage Yard. The following is a list of the storage yard specifications required by the City.
1. Contractor/Service Provider’s storage yard is located at 1112 Beach Street, Vallejo, CA 94590.
2. Contractor/Service Provider must maintain security and control of storage yard(s) at all times. The storage yard(s) shall be secure and enclosed, at minimum, by a six- foot high fence with adequate lighting.
Contractor/Service Provider shall be responsible for the safekeeping and prevention of vandalism of all vehicles and contents which are stored/impounded by the City.
3. The storage yard(s) must be in conformance with applicable City zoning and building codes and must be permitted as such.
L. Business Records. Contractor/Service Provider shall maintain records of all tow and impound services at their place of business. (Note: printable electronic records are acceptable).
1. At a minimum, these records shall include: date of tow; make and model of vehicle; license plate number and vehicle identification number (presuming both are readily available); the time the tow company arrived on-scene; and the fees and charges levied against the vehicle and disposition thereof.
2. Contractor/Service Provider’s place of business shall also maintain business records relating to personnel, insurance, payroll, applicable operating authorities, local operating authorities, lien sale actions, driver’s record of duty status, and non-City tows.
3. The City may inspect, upon reasonable written request and not less than five (5) business days’ notice to Contractor/Service Provider , all company records relating to compliance of contract award, during normal business hours.
4. Contractor/Service Provider shall permit the City to make copies of business records at their place of business, at no cost to the City.
5. Contractor/Service Provider shall maintain business records for a period of three (3) years and shall make them available for inspection.
EXHIBIT B
INSURANCE REQUIREMENTS
Contractor shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Contractor, their agents, representatives, or employees or subcontractors. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Ins urance policy or proceeds available to the named Insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the Contractor under this agreement.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
E. Insurance Services Office form number CA 0001 covering Automobile Liability, commercial auto symbols 2, 8, 9 and endorsement CA 0025 and Garagekeeper’s Liability coverage (written on ISO form CA 99 37 or its equivalent) endorsement with a limit of not less than $1,000,000 for the stored vehicles.
B. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.
C. Garagekeeper’s Liability coverage not less than $ 250,000 per location for the stored vehicles in lieu of CA 99 37 endorsement under Auto Liability policy.
2. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $2,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. If Contractor is not subject to California Workers’
Compensation requirements, Contractor shall file a completed Request for Waiver of Workers’ Compensation Insurance Form which may be obtained from the City prior to commencing any activity authorized hereunder.
D. Garagekeeper’s Liability coverage not less than $250 ,000 per location for the stored vehicles in lieu of CA 99 37 endorsement under Auto Liability policy.
3. Deductible and Self-Insured Retention (SIR). Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. All SIRs must be disclosed to the City ’s Risk Manager for approval and shall not reduce the limits of liability. Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
4. Other Insurance Provisions.
A. Additional Insured Endorsements: The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as Additional Insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased hired or borrowed by the Contractor. Additional Insured endorsements with respect to General Liability, A uto and Umbrella/Excess Insurance shall be attached to the Certificate of Insurance presented to the City.
B. 30 Days’ Notice of Cancellation Endorsements: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
C. Waiver of Subrogation Rights Endorsement: The workers’ compensation policy required hereunder shall be endorsed to state that the workers' compensation carrier waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Contractor’s performance under this Agreement. The waiver of subrogation rights endorsement in favor of the City of Vallejo shall be attached to the Certificate of Insurance.
D. The limits of Insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess Insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Vallejo before the City’s own Insurance or self-insurance shall be called upon to protect it as a named insured.
E. The insurance coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers.
For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.
F. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
G. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
H. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
5. Acceptability of Insurers. The insurance is to be issued by companies licensed to do business in the State of California. The insurance is to be placed with insurers with a current A.M.
Best's rating of no less than A:VII.
6. Verification of Coverage. Contractor shall furnish the City with certificates of insurance and original endorsements. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. The City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later. All verification of coverage and other insurance documents shall be mailed to the following address:
City of Vallejo
Attn: Risk Manager
555 Santa Clara Street
Vallejo, CA 94590
7. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Claims Made Policies. If any coverage required is written on a claims -made coverage form:
A. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
B. Insurance must be maintained and evidence of insurance must be provided for at least one (1) year after completion of contract work.
C. If coverage is cancelled or non- renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work
date, the Contractor must purchase extended reporting period coverage for a minimum of one (1) year after completion of contract work.
D. A copy of the claims reporting requirements must be submitted to the City of Vallejo for review.
EXHIBIT C
CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act 1 requires designated state and local government officials, including some Contractor/Service Providers, to make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.3
☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED4 from disclosure.
☐ B. Contractor/Service Provider is NOT a corporation or limited liability company and disclosure designation is as follows:
APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptions available at www.chulavistaca.gov/departments/city-clerk/conflict-of-interest-code.)
Name Email Address Applicable Designation
□ A. Full Disclosure
□ B. Limited Disclosure (select one or
more of the categories under which
the Contractor shall file):
☐ 1. ☐ 2. ☐ 3. ☐ 4. ☐ 5. ☐ 6. ☐ 7.
Justification:
☒ C. Excluded from Disclosure
a. Required Filers
Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of “Contractor/Service Provider,” pursuant to FPPC Regulation 18700.3, must file a Form 700.
b. Required Filing Deadlines
Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. c. Filing Designation
The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from disclosure, based on an analysis of the services the Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider is ultimately responsible for complying with FPPC regulations and filing requirements.
Completed by:
1 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704.
3 Cal. Gov. Code §§53234, et seq.
4 CA FPPC Adv. A -15-147 (Chadwick) (2015); Davis v. Fresno Unified School District (2015) 237 Cal.App.4th 261; FPPC Reg. 18700.3 (Consultant defined as an “individual” who participates in making a governmental decision; “individual” does not include corporation or limited liability company).
CONSENT CALENDAR 8.K.
DATE: October 14, 2025
TO: Mayor and Members of the City Council
FROM: Gillian Haen, Assistant City Manager
SUBJECT: NOTICE OF INTENT TO AMEND FISCAL YEAR 2025-26 BUDGET AND ADOPT A
RESOLUTION APPROVING A FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DAVID L. GATES AND ASSOCIATES, INC., INCREASING THE NOT-TO-EXCEED AMOUNT TO $217,380 AND AUTHORIZING THE
CITY MANAGER TO EXECUTE SAME
RECOMMENDATION
Adopt a resolution approving a First Amendment to the Design Professional Services Agreement with David L.
Gates and Associates, Inc., increasing the not-to-exceed amount to $217,380 and authorizing the City Manager to execute same.
REASONS FOR RECOMMENDATION
Approving this First Amendment to the existing Agreement will allow for the expanse of the project footprint along Mare Island Way and Harbor Way. The new area allows for a more seamless and consistent design along the waterfront zone, with enhanced urban green spaces, tree plantings, and amenities.
BACKGROUND AND DISCUSSION
In May 2025, the City entered into a Design Professional Services Agreement with David L. Gates and Associates, Inc. (Gates) to provide landscape design of two Waterfront parks: Barbara Kondylis Park and Independence Park. Since that time, staff have requested an expansion of the footprint of the project to include portions of city-owned property north along Mare Island Way and Harbor Way. Staff recommend the additional locations for design to help tie in the greater waterfront area with consistently designed urban greening, planting and amenities.
Tree planting and supportive infrastructure for the portion of the project at Barbara Kondylis and Independence Parks is paid for through an Urban and Community Forestry IRA Grant from the US Forest Service. Amenities for the park area will be funded with prior year Participatory Budgeting (PB Cycle 4) funding for park improvements.
Map of the design area:
Date: October 14, 2025
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2025-26 BUDGET AND ADOPT A
RESOLUTION APPROVING A FIRST AMENDMENT TO THE DESIGN
PROFESSIONAL SERVICES AGREEMENT WITH DAVID L. GATES AND ASSOCIATES, INC., INCREASING THE NOT-TO-EXCEED AMOUNT TO $217,380
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
This additional work was not planned for when the Fiscal Year 2025-2026 budget was approved. Staff are requesting allocation of the additional $40,920 to expand the scope of work to cover the additional landscaping north of Barbara Kondylis park.
FISCAL IMPACT
Approving this first amendment will increase the service costs covered by $40,920. This item is Step 1 of the two-step process to amend the fiscal year budget. Staff recommend amending the Fiscal Year 2025-2026 budget to allocate the additional $40,920 toward this project to allow for the additional work from the consultant.
ENVIRONMENTAL REVIEW
Date: October 14, 2025
Subject: NOTICE OF INTENT TO AMEND FISCAL YEAR 2025-26 BUDGET AND ADOPT A
RESOLUTION APPROVING A FIRST AMENDMENT TO THE DESIGN
PROFESSIONAL SERVICES AGREEMENT WITH DAVID L. GATES AND ASSOCIATES, INC., INCREASING THE NOT-TO-EXCEED AMOUNT TO $217,380
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME
This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guideline section 15378.
ATTACHMENTS
1. RESO 1st Amendment- GATES CAO STAMP
2. Gates Agreement for Design Dervices First Amendment
3. Exhibit A-1 Waterfront Parks Grant Implementation Design Support_SCOPE
4. Exhibit B. Waterfront Parks Grant Implementation Design Support_FEE
5. 25CM188 DAVID L. GATES AND ASSOCIATES Design Professional Services Agreement-1
CONTACT
Jason Ackley, Assistant to the City Manager
[email protected]
RESOLUTION NO. 25-______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING THE FIRST AMENDMENT TO THE DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DAVID L.
GATES & ASSOCIATES LLC TO INCREASE THE CONTRACT AMOUNT BY $40,920 FOR
ADDITIONAL LANDSCAPE DESIGN SERVICES
WHEREAS, there are times when the City relies on specialized design services for architectural and landscape design; and
WHEREAS, David L. Gates & Associates has been actively engaged with the City on design of the Waterfront Park Project, and has entered into a Design Professional Services Agreement with David L. Gates & Associates dated May 27, 2025, to perform said services (“Original Agreement”); and
WHEREAS, the City desires to amend the Original Agreement include additional design work for the area northward along Mare Island Way and Harbor Way.
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves the First Amendment to the Design Professional Services Agreement between the City of Vallejo and Municipal Resource Group LLC to increase the total amount of the contract not-to-exceed by $49,920 and authorizes the City Manager to execute same.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF VALLEJO at a regular meeting held on October 14, 2025, with the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN
ATTEST
ANDREA SORCE, MAYOR
DAWN G. ABRAHAMSON, CITY CLERK
FIRST AMENDMENT TO
THE DESIGN PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF VALLEJO
AND
DAVID L. GATES AND ASSOCIATES, INC.
This First Amendment (“First Amendment”) to the Design Professional Services Agreement 25CM188 made and entered into on May 27, 2025 (“Agreement”), between David L. Gates and Associates, Inc., a California Corporation (“Consultant”), and the City of Vallejo, a municipal corporation (“City”), is made and entered into on this ___ day of __________, 2025.
The Consultant and City do mutually agree as follows:
1. Amendment to Scope of Services
The Scope of Services set forth in Attachment 1 of Exhibit A of the Agreement is hereby amended to include the additional services described in the proposal entitled “Waterfront Parks Grant Implementation Design Support – Expanded Scope” dated August 14, 2025, attached hereto as Exhibit A-1 and incorporated herein by this reference.
These additional services include, but are not limited to:
• Refinement of concept designs for Mare Island Way, Harbor Way, Barbara Kondylis Park, and Independence Park;
• Development of planting and irrigation strategies for grant-funded improvements; • Facilitation of community outreach meetings;
• Preparation of submittal packages for City review, Planning Commission, City Council, and BCDC; and
• Preparation of bid documents for planting and irrigation implementation.
2. Amendment to Compensation
In consideration of the expanded scope of services, Exhibit B – III of the Agreement is hereby deleted. Section 3. of Exhibit B is hereby amended to read as follows:
“ Gates fees as described I the scope of services shall not exceed Two Hundred Seventeen Thousand Three Hundred Eighty Dollars ($217,380.00) plus reimbursables. Expenses of consultants and other direct expenses shall be paid by City in the amount invoiced to Gates plus ten percent (10%) for handling and indirect costs. These may include, but not be limited to,
irrigation consultants, printing and reproduction costs, mileage and travel costs and other miscellaneous expenses.”
3. Integration
This First Amendment, together with the Agreement, contains the entire agreement between the parties regarding the subject matter herein. Except as specifically amended by this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect.
4. Inconsistencies
In the event of any conflict or inconsistency between the provisions of this First Amendment and the Agreement, the provisions of this First Amendment shall control.
5. Ambiguities
The parties have each carefully reviewed this First Amendment and have agreed to each term of this First Amendment. No ambiguity shall be presumed to be construed against either party.
6. Counterparts
This First Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
7. Authority
The person signing this First Amendment for Consultant hereby represents and warrants that he or she is fully authorized to sign this First Amendment on behalf of Consultant.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the day and year first written above.
DAVID L. GATES AND ASSOCIATES, INC. CITY OF VALLEJO A California Corporation A municipal corporation By: __________________________ By:__________________________ Casey Case, President Andrew Murray, City Manager
Title: ________________________ Title: _______________________
Date: ________________________ Date: _______________________
ATTEST:
City Clerk
August 14, 2025
Gillian Haen
Assistant City Manager
[email protected]
Dear Gillian,
Thank you for the opportunity to submit the following proposal for landscape architectural services for Vallejo Waterfront Parks Grant Implementation Support project.
We heard that the primary purpose of this project effort is to determine the highest
impact for planting and irrigation improvements associated with the grant. We believe that refining the concepts to determine the long‐term design solutions for the site will inform the ideal locations of the grant improvements. We anticipate prioritizing zones that are less likely to undergo future changes with long‐term design implementation. We have included a potential grant improvement prioritization graphic as the LOW diagram below.
Please call me with any questions you have. If the attached workscope is acceptable, please sign a copy of this letter and return to us for our files.
Sincerely,
Casey Case
President
| Gates + Associates
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
SCOPE OF SERVICES
This agreement is made as of August 14, 2025 by and between Gates + Associates, (GATES) [California License No. 6032], a California corporation, and City of Vallejo (Client).
As provided in this Agreement, GATES will provide landscape architectural services for the following project (the "Project"):
Support the City Team to refine concept designs for Mare Island Way, Harbor Way, Barbara Kondylis Park and Independence Park to determine ideal locations for planting and irrigation improvements associated with the awarded grant.
I. BASIC SERVICES
A. Grant Implementation Support
1. Orientation meeting with City to establish project parameters; including workscope, budget, schedule, jurisdictional agency requirements and preliminary design objectives.
2. Review all available concept designs and site plan information for Mare Island Way, Barbara Kondylis Park and Independence Park.
3. Develop cohesive conceptual site plan for project area to be reviewed by the City Staff.
4. Refine concept based on feedback. Refined package to include:
a. Overall diagrammatic site plan
b. Tree Palette
c. Plant Palette
d. Preliminary irrigation strategy
e. Character Images
5. Facilitate two Community Meetings to share concept and solicit input. One in‐ person and one virtual to encourage attendance. May include graphic presentation of project area, summary of grant improvement opportunities and discussion of design concept.
6. Prepare Submittal Package for review from:
a. Design Review
b. Planning Commission
c. City Council
d. BCDC
7. Refine concept package based on feedback.
8. Facilitate two round two community outreach open house meetings to share final project concept. One in‐person and one virtual to encourage attendance.
May include a town hall presentation that shares project updates and discussion of design concept.
9. Upon approval of the final project concept, prepare diagrams to indicate areas of improvement (planting and irrigation) to be implemented with grant funds.
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
10. Meet with City to review implementation strategy.
11. Prepare documents to solicit bids for implementation of planting and irrigation only.
a. Tree Plan and Details
b. Planting Plan and Details
c. Irrigation Plan and Details
d. Specifications
12. Day‐to‐day coordination with Design Team. Max 40 hours.
PRODUCTS:
Conceptual Landscape Plan (electronic)
City Submittal Package (electronic)
MEETINGS:
Client / Project Team (virtual) 6
Public Outreach 4
II. ADDITIONAL CONDITIONS
A. Meetings
1. Attendance at the aforementioned meetings is included in the scope of work.
This proposal assumes that each meeting is a maximum of four (4) hours.
2. Additional meetings are not in the scope of this proposal and would be billed at the hourly rates described in Item IV.
B. Client shall provide all existing information necessary for the completion basic services as described in this letter of agreement.
C. The work described in Item I shall be performed as one set of Construction Documents.
Splitting the project into more than one phase of construction or more than one project may require an increase in the fee shown in Item IV.
D. Opinions of Probable Construction Cost prepared by GATES are approximate only and do not take into account future market conditions or contractor's bidding methods. GATES has no control over costs of labor, materials or equipment and GATES estimates cannot be guaranteed.
E. GATES is not responsible for means, methods, sequences, techniques and procedures of construction or for safety precautions associated with construction.
F. Regarding site structures, GATES shall show design characteristics and configuration of these features. All structural engineering, if required, shall be by other consultants and are not included in this contract.
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
G. Regarding Geo Technical Soils Services, GATES will rely on soils reports and geo‐technical information provided by client. Geotechnical services are not part of this contract.
H. Regarding Agency and City Submittals, GATES will provide electronic copies of plans to client / engineer or Architect for submittal. Coordination of City permitting not a part of this scope.
I. Regarding Punch Lists and Construction Administration/ Observation Field Reports, field reports are developed in order to identify corrections and/or completions required on site. Punch List/ Field Report observation is not a comprehensive inspection and is not intended to address every possible deficiency, whether latent or patent, nor shall Landscape Architect’s agreement to generate the Punch List relieve the Contractor and its Subcontractors from their sole obligation to construct the project according to the Contract Documents. Punch List and Field Reports will include review and inspection of landscape design scope and irrigation only.
III. COMPENSATION FOR SERVICES
A. The fee for the services indicated in Item I of this proposal shall be:
A. Grant Implementation Support $210,540
TOTAL $210,540
+ reimbursables
B. For billing procedures, see Appendix A.
C. Limit of Work Diagram
Demonstrates potential priorities for planting and irrigation improvements associated with grant.
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
IV. ADDITIONAL SERVICES
A. Any extra services, including additional work or meetings, requested by the Client in addition to those indicated in this proposal shall be billed at the hourly rate listed below in addition to the fee indicated in Item III above.
Hourly Fees for Services of: Rate Per Hour:
Partner $235.00‐$250.00
Principal $220.00 ‐ $235.00
Outreach Coordinator $185.00 ‐ $205.00
Associate Principal $205.00 ‐ $220.00
Senior Associate $185.00 ‐ $205.00
Associate Planner $165.00 ‐ $185.00
Job Captain $165.00 ‐ $185.00
Planner $145.00 ‐ $155.00
Irrigation Designer $200.00 ‐ $210.00
Production $155.00 ‐ $175.00
Note: The hourly rates shown may be revised as described in Appendix A, but would not affect the amount of compensation shown in Item III.
B. Additional services shall include but are not limited to the following:
1. Significant Site Plan or Architecture revisions post project Kick‐Off.
2. Revisions to the design following commencement of the Construction Documents Phase.
3. Additional meetings to those described above.
4. Preparation of front end (boilerplate) non‐technical specifications.
5. Horticultural consulting and soils analysis.
6. Prepare a Preliminary Opinion of Probable Cost broken down into major categories.
Accepted by:
__________________________________________ Date:
____________________
Client Representative,
City of Vallejo
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
APPENDIX A
TERMS AND CONDITIONS OF AGREEMENT BETWEEN CLIENT
AND DAVID L. GATES AND ASSOCIATES, INCORPORATED
The following additional terms and conditions are appended to, and part of, the Agreement for professional services between Gates + Associates, Inc., (GATES) [California License No. 6032], a California corporation, and City of Vallejo (Client), dated August 14, 2025.
1. GATES will provide the Scope of Services as described. GATES agrees to perform the services set forth in this agreement, and Client agrees to pay for said services on the terms set forth in this agreement.
2. Additional Services not set forth in the Scope of Services include, but are not limited to, changes in the scope or detail of the work made at the request of Client; services made necessary by unforeseen conditions not disclosed to GATES at the time of entering into this agreement; and any other service performed by GATES not reasonably within the scope of the services envisioned at the time of entering into this agreement. All additions to the scope of work shall be in writing, and executed by the Client.
3. GATES’s Fees shall be as described in the Scope of Services, plus Expenses. Expenses of consultants and other direct expenses shall be paid by the Client in the amount invoiced to GATES’s plus ten percent (10%) for handling and indirect costs. These may include, but are not limited to irrigation consultants, printing and reproduction costs, mileage and travel costs, and other miscellaneous expenses.
4. Additional Services, requested and authorized by the Client, shall be paid on an hourly basis at the current standard scheduled rates below. GATES’s hourly rate schedule may be adjusted on January 1 and July 1 of each year and shall apply for any services rendered after that date.
Hourly Fees for Services of: Rate Per Hour:
Partner $235.00‐$250.00
Principal $220.00 ‐ $235.00
Outreach Coordinator $185.00 ‐ $205.00
Associate Principal $205.00 ‐ $220.00
Senior Associate $185.00 ‐ $205.00
Associate Planner $165.00 ‐ $185.00
Job Captain $165.00 ‐ $185.00
Planner $145.00 ‐ $155.00
Irrigation Designer $200.00 ‐ $210.00
Production $155.00 ‐ $175.00
5. Invoices for Services and Reimbursables shall be provided by GATES each month and are payable upon receipt. You agree to review the invoice and ask any questions of GATES within ten (10) days of receipt. If we do not hear from you, the invoice shall be deemed proper and acceptable. If your
Vallejo Waterfront Parks Grant Implementation Support
August 14, 2025
balance is not paid within thirty (30) days from receipt, the unpaid balance will accrue interest at ten percent (10%) per annum compounded daily until paid in full.
6. GATES reserves the right to suspend work in the event invoices are past due. GATES may recommence work when full payment is received, including collection costs, attorney fees, and other costs, or other satisfactory arrangements are made with the Client. If a delinquency by Client occurs and GATES chooses not to suspend work, no waiver or estoppel shall be implied or inferred. Client agrees and understands that if GATES decides to so suspend its work, GATES shall not be liable for any costs or damages, including but not limited to delay and consequential damages, to the Owner, Client, or any other third party, that may arise from or be related to such a work suspension. Client agrees to hold GATES harmless from and completely indemnify GATES from and against any and all damages, costs, attorney's fees, and/or other expenses which GATES may incur as a result of any claim by any person or entity arising out of such a suspension of work.
7. If any litigation, arbitration, or other legal action arising out of this contract ensues, the prevailing party shall be entitled to, without limitation, reasonable attorney's fees, collection expenses, expert fees, and costs.
8. This Agreement may be terminated by either Client or GATES by giving written notice at least thirty (30) days prior to the date of termination. In the event of such termination, Client shall pay GATES for Services and Reimbursable Expenses performed or incurred prior to the termination date, plus all costs and expenses directly attributable to such termination for which GATES is not otherwise compensated.
9. Plans, drawings and specifications or other writings or documents prepared or provided by GATES hereunder are prepared for specific use by the Client on this Project only. Client agrees not to use the whole or part of said plans, drawings, and specifications or other writings or documents prepared or provided by GATES for other projects or extensions to the Project or any other purpose without the express written consent of GATES. GATES shall provide Client with a reproducible set of drawings and specifications for its records. Client further agrees to hold GATES harmless from and indemnify GATES from and against any and all damages, losses, costs, and/or expenses, including attorney's fees, which GATES may incur as a result of a claim by any party or entity, arising out of an unauthorized use of said plans, drawings, specifications, and/or documents.
10. Client agrees that GATES’s liability for negligence to Client shall be limited to the amount paid by Client hereunder for GATES’s fees for Basic Services and Additional Services.
11. This Agreement represents the entire Agreement between Client and GATES. This Agreement may be amended only by a writing signed by both Client and GATES.
12. This contract shall be governed by the laws of the State of California and shall be deemed to have been entered into in Walnut Creek, California, regardless of where it is physically executed. If suit or arbitration is filed to enforce this contract, the parties consent to personal jurisdiction in the courts of Contra Costa County, State of California, and waive the right to have the suit brought in, tried in, or removed to any other judicial jurisdiction.
Partner Principal Associate
Principal
Irrigation
Designer
Outreach
Coordinator
Senior
Associate Job Captain Production
Hourly Rate $250 $235 $220 $225 $205 $205 $185 $165 SUBTOTAL Kick off Meeting 2 2 2 2 $1,680
Concept Review 4 8 8 8 $5,960
Cohesive Concept Development 8 24 24 24 24 24 $26,240
Concept Refinement Round 1 4 10 10 10 14 14 $12,500
Community Meeting Round 1 8 8 16 4 24 $11,860
Public Submittals and Presentation 4 16 16 16 16 24 $18,480 Design Review 4 4 4 4 $3,420
Planning Commission 4 4 4 4 $3,420
City Council Presentation 4 4 4 4 $3,420
BCDC 16 32 32 30 30 48 $38,180
Concept Refinement Round 2 12 12 12 16 16 16 $17,340
Community Meeting Round 2 8 8 16 4 24 $11,860
Implementation Diagrams 4 8 8 12 12 12 16 $14,660
Meet with City 2 2 2 2 $1,830
Implementation Documents 24 24 24 40 36 40 $37,780
Project Coordination 10 10 10 10 $8,750
TOTAL $217,380
Reimbursable Allowance 2,000$
GRANT IMPLEMENTATION SUPPORT
0D\
30
Requisition Numberǣ
Date Originated:
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ACTION ITEM 8.L.
DATE: October 14, 2025
TO: Mayor and Members of the City Council
FROM: Oscar Alcantar, Interim Public Works Director
SUBJECT: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RISK SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE 50 SOLANO CLEAN UP AND
MONITORING COMPLIANCE PROJECT, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025–2026 BUDGET TO ALLOCATE $1,000,000 OF THE MONSANTO SETTLEMENT
FUNDS TO THE PROJECT
RECOMMENDATION
Adopt a Resolution approving a Consultant and Professional Services Agreement with Environmental Risk Services, Inc. in an amount not to exceed $300,000 for the 50 Solano Clean Up and Monitoring Compliance Project, authorizing the City Manager to execute same, and providing notice of intent to amend the fiscal year 2025-2026 budget to allocate $1,000,000 of the Monsanto Settlement funds to the Project.
REASONS FOR RECOMMENDATION
The 50 Solano Clean Up and Monitoring Compliance Project is being required and is regulated by two agencies: the San Francisco Bay Conservation and Development Commission (BCDC) and the San Francisco Bay Regional Water Quality Control Board. The San Francisco Bay Regional Water Quality Control Board approved the Remedial Action Work Plan prepared by Environmental Risk Services, Inc. Per the BCDC permit, work on the Project must commence before November 30, 2025, and be completed by November 30, 2027.
Additionally, per City Charter Section 703, amending the budget requires public notice and intent prior to any action taken. A staff report recommending amendment of the budget will be presented to City Council at the next regularly scheduled City Council meeting.
BACKGROUND AND DISCUSSION
PROJECT
The 50 Solano Clean Up and Monitoring Compliance Project is located at 50 Solano Avenue, Vallejo. The site is bordered by Sonoma Boulevard to the northeast, the former PG&E Manufactured Gas Plant to the northwest, Vallejo Flood and Wastewater's wastewater treatment facility to the southeast, and the Mare Island Strait/Napa River to the southwest. A small portion of the property is currently occupied by the Humane Society of North Bay, while the majority of the site remains vacant. The vacant portion constitutes the project site.
Historically, the site was used as an automobile junkyard. In 1974, the Kaiser Steel Corporation acquired the property for use as an assembly yard. Following Kaiser’s bankruptcy in 1988, the Vallejo Redevelopment Agency assumed control of the site and, in 1991, began leasing the northeast corner to the Humane Society of North Bay.
In October 2023, Environmental Risk Services, Inc. (ERS) prepared a Remedial Action Work Plan (RAWP) in
Date: October 14, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RISK SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE 50 SOLANO CLEAN UP AND
MONITORING COMPLIANCE PROJECT, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025–2026 BUDGET TO ALLOCATE $1,000,000 OF THE MONSANTO
SETTLEMENT FUNDS TO THE PROJECT
response to the San Francisco Bay Regional Water Quality Control Board’s June 3, 2022, Letter of Concurrence and Comments regarding the “Report for Additional Site Investigations, Vallejo 17.12-Acre Parcel, 50 Solano Avenue, Vallejo, California.” The RAWP was formally approved by that agency in January 2025.
The RAWP directs removal of impacted soil to prevent leaching of Total Petroleum Hydrocarbons (TPH) into groundwater and requires the City to install and monitor groundwater wells near four borings. The planned work includes soil excavation, confirmatory sampling, disposal, and site restoration. ERS will install the monitoring wells and provide a Quality Assurance/Quality Control Plan to ensure compliance with State of California environmental standards. City staff will perform the excavation activities, while the City will separately contract for trucking and disposal of materials, equipment rentals, and dewatering services if conditions warrant. The estimated total project cost is $1,000,000.
In November 2024, the City obtained a permit from the San Francisco Bay Conservation and Development Commission (BCDC) authorizing the work. The permit requires construction to begin before November 30, 2025 and to be completed by November 30, 2027.
ENVIRONMENTAL RISK SERVICES, INC.
ERS has provided the City with environmental consultant services since 2020, and was selected via a Request for Qualifications (RFQ) process. ERS is a multidisciplinary environmental consulting firm specializing in remediation, cleanup, and the redevelopment of properties across the San Francisco Bay Area and nationwide. Their portfolio includes significant, complex remediation projects at locations including the Port of Stockton, Port of Oakland, Concord Naval Weapons Station, and the Benicia Arsenal.
Since 2022, ERS has led crucial components of the current project—including preparing the Remedial Action Work Plan (RAWP), supporting the City in securing RAWP approval and facilitating the BCDC permitting process, and conducting analytical assessments to guide site cleanup. The original agreement under which this work commenced has since expired.
Given ERS’s extensive knowledge of the site and its critical role in advancing the project to date, City staff recommends continuing to work with ERS under a new agreement. The limited construction window established by the BCDC and the San Francisco Bay Regional Water Quality Control Board underscores the need for both continuity and timely action. For this reason, it is important that the agreement be approved at this time to avoid delays that could jeopardize the project schedule. Accordingly, staff recommend executing a Consultant and Professional Services Agreement with ERS for an amount not to exceed $300,000 and an effective date of July 1 to support timely and seamless project completion, and ensure coverage of services provided.
FUNDING SOURCE
In 2022, the City of Vallejo was among several Bay Area cities included in a class-action lawsuit against Monsanto regarding water contamination from polychlorinated biphenyls (PCBs). For decades, Monsanto manufactured PCBs that ultimately contaminated stormwater, sediment, and regional waterways—including
Date: October 14, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RISK SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE 50 SOLANO CLEAN UP AND
MONITORING COMPLIANCE PROJECT, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025–2026 BUDGET TO ALLOCATE $1,000,000 OF THE MONSANTO
SETTLEMENT FUNDS TO THE PROJECT
rivers, streams, and lakes. Following Bayer Corporation’s 2018 acquisition of Monsanto, Bayer assumed liability and issued settlement payments. The City of Vallejo received just over $4 million from the settlement.
The City has full discretion in the use of these funds. Given that the City owns contaminated sites requiring remediation, staff recommends applying a portion of the settlement, or $1,000,000, toward this project to advance environmental cleanup efforts.
FISCAL IMPACT
This item provides a notice of intent only and does not have any fiscal impact. The second step of the two-step budget amendment process will come at the next regular City Council meeting.
The estimated project costs are as follows:
Item Estimated Cost
Groundwater temporary storage (on-site) $ 5,000
Trucking and disposal of off-hauled soil material $ 385,000 Transportation and disposal of off-hauled
groundwater
$ 130,000
Trucking and material cost for backfill material $ 180,000 Quality Assurance/Quality Control Plan; installation of monitoring wells
$ 300,000
Total $1,000,000
It should be noted that on September 23, 2025, staff presented an update to City Council on the Vallejo Police Department Headquarters Project, including options to address a funding gap needed to complete 100% design. Staff outlined three potential funding sources, one of which was the Monsanto Settlement Fund, which currently has an available balance of $4.153 million. Following discussion, City Council directed staff to use Monsanto Settlement Funds to add $746,200 to the Police Department Headquarters project budget.
Accordingly, staff will be providing a Notice of Intent to amend the budget to allocate $746,200 of Monsanto Settlement Funds to Project PW9818 at the November 4, 2025, City Council meeting. If Council approves budget amendments for both the 50 Solano Avenue Cleanup Project (PW9429) and the Police Department Headquarters Project (PW9818), approximately $2.4 million of Monsanto Settlement Funds will remain unallocated.
ENVIRONMENTAL REVIEW
This action is exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15330: "Minor actions to prevent, minimize, stabilize, mitigate or
Date: October 14, 2025
Subject: ADOPT A RESOLUTION APPROVING A CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RISK SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE 50 SOLANO CLEAN UP AND
MONITORING COMPLIANCE PROJECT, AUTHORIZING THE CITY MANAGER TO
EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025–2026 BUDGET TO ALLOCATE $1,000,000 OF THE MONSANTO
SETTLEMENT FUNDS TO THE PROJECT
eliminate the release or threat of release of hazardous waste or hazardous substances." Class 30 consists of any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less, including, specifically, "excavation and/or offsite disposal of contaminated soils or sludges in regulated units." The soil remediation project at 50 Solano Ave has a total cost under $1 million dollars and consists of removing contaminated soil and depositing it properly off-site.
ATTACHMENTS
1. Reso Approving ERS contract for $300k for 50 Solano PW9429_CAO Stamp
2. ERS, Inc. Consultant Professional Services Agreement_CAO Stamp
3. Executed_Issued BCDC Permit No. M2023.015.00_50 Solano Soil Remediation in the City of Vallejo
4. 2022 San Franciso Bay Regional Water Quality Control Board's Comments on Additional Site Investigation Report
5. Final Vallejo 17-Acre Site Remedial Action Work Plan
CONTACT
Oscar Alcantar, Interim Public Works Director, (707) 648-4433 [email protected]
RESOLUTION NO. ___
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VALLEJO APPROVING A
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL RISK SERVICES, INC. IN AN AMOUNT NOT TO EXCEED $300,000 FOR THE 50 SOLANO
CLEAN UP AND MONITORING COMPLIANCE PROJECT, AUTHORIZING THE CITY
MANAGER TO EXECUTE SAME, AND PROVIDING NOTICE OF INTENT TO AMEND THE FISCAL YEAR 2025–2026 BUDGET TO ALLOCATE $1,000,000 OF THE MONSANTO
SETTLEMENT FUNDS TO THE PROJECT
WHEREAS, the 50 Solano Clean Up and Monitoring Compliance Project (Project) is located at 50 Solano Avenue, Vallejo, bordered by Sonoma Boulevard, the former PG&E Manufactured Gas Plant, Vallejo Flood and Wastewater’s wastewater treatment facility, and the Mare Island Strait/Napa River. A portion of the property is leased to the Humane Society of North Bay, while the remaining vacant area is the focus of this Project; and
WHEREAS, in October 2023, Environmental Risk Services, Inc. (ERS) prepared a Remedial Action Work Plan (RAWP) in response to the San Francisco Bay Regional Water Quality Control Board’s June 3, 2022 Letter of Concurrence and Comments. The San Francisco Regional Water Quality Control Board formally approved the RAWP in January 2025; and
WHEREAS, the RAWP directs removal of impacted soil to prevent leaching of Total Petroleum Hydrocarbons (TPH) into groundwater, requires installation and monitoring of four groundwater wells, and includes excavation, confirmatory sampling, off-haul and disposal of the impacted soil, and site restoration. ERS will install the monitoring wells and provide a Quality Assurance/Quality Control Plan, while City staff will perform excavation activities and separately contract for trucking, disposal, equipment rental, and dewatering services as needed; and
WHEREAS, the San Francisco Bay Conservation and Development Commission (BCDC) issued a permit in November 2024 authorizing the work, which must commence prior to November 30, 2025, and be completed no later than November 30, 2027; and
WHEREAS, ERS has provided environmental consulting services to the City since 2020 and has been instrumental securing regulatory approvals, supporting the BCDC permitting process, and conducting key analyses to advance the Project, but its contract has expired. Given ERS’s preparation of the RAWP and extensive knowledge of the site, regulatory framework, and permit requirements, City staff recommends entering into a new contract with ERS to ensure timely completion of the project; and
WHEREAS, pursuant to Vallejo Municipal Code § 3.20.090(A)(4), the purchase of professional services that are highly specialized are exempt from competitive purchasing requirements.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves a Consultant and Professional Services Agreement with Environmental Services, Inc. in an amount not to exceed $300,000 for the 50 Solano Clean Up and Monitoring Compliance Project.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Agreement, with any modifications recommended by City Attorney.
BE IT FURTHER RESOLVED that the City Council does hereby provide notice of intent to amend the fiscal year 2025–2026 budget to allocate $1,000,000 of the Monsanto Settlement funds to the project.
Adopted by the City Council of the City of Vallejo at a regular meeting held on October 14, 2025, with the following vote:
AYES:
NOES:
ABSENT:
____________________________________
ANDREA SORCE, MAYOR
ATTEST: _____________________________________
DAWN G. ABRAHAMSON, CITY CLERK
Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 11
CONSULTANT AND PROFESSIONAL SERVICES AGREEMENT
This Consultant and Professional Services Agreement (“Agreement”) is made at Vallejo, California, dated for reference this 15 th day of October 2025, by and between the City of Vallejo, a municipal corporation (“City”), and Environmental Risk Services, Inc., a California corporation, hereinafter referred to as “Consultant”, who agree as follows:
1. Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide the City professional services as specified in Exhibit A, entitled “Scope of Work.”
2. Payment. City shall pay Consultant for services rendered pursuant to this agreement at the times and in the manner set forth in Exhibit B, entitled “Compensation.” The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement.
3. Facilities and Equipment. Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement.
4. Indemnification. Consultant shall indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, to be performed under this agreement for Consultant’s or subcontractor’s tort negligence including active or passive, or strict negligence, including but not limited to personal injury including, but not limited to bodily injury, emotional injury, sickness or disease, or death to persons and/or damage to property of anyone, including loss of use thereof, caused or alleged to be caused by any act or omission of Consultant, or any subcontractor, or anyone directly or indirectly employed by any of them or anyone for the full period of time allowed by the law, regardless to any limitation by insurance, with the exception of the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, hold harmless, and defend City, its officers, officials, directors, employees, agents, volunteers and affiliates and each of them from any and all claims, demands, causes of action, damages, costs, expenses, actual attorney’s fees, consultant’s fees, expert fees, losses or liability, in law or in
Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 11 equity, of every kind and nature whatsoever arising out of or in connection with Consultant’s operations, or any subcontractor’s operations, related to costs or benefits associated with California Public Employment Retirement System (CalPERS) membership where Consultant supplies a CalPERS member who CalPERS determines is subject to enrollment.
The provisions of this section shall survive the expiration or termination of this Agreement.
5. Insurance Requirements. Consultant agrees to comply with all of the Insurance Requirements set forth in Exhibit C, entitled “Insurance Requirements for Consultant.” Failure to maintain required insurance at all times shall constitute a default and material breach.
6. Accident Reports. Consultant shall immediately report (as soon as feasible, but not more than 24 hours) to the City Risk Manager any accident or other occurrence causing injury to persons or property during the performance of this Agreement. The report shall be made in writing and shall include, at a minimum: (a) the names, addresses, and telephone numbers of the persons involved, (b) the names, addresses, and telephone numbers of any known witnesses, (c) the date, time, and description of the accident or other occurrence.
7. Conflict of Interest. Consultant warrants and represents that to the best of its knowledge, there exists no actual or potential conflict between Consultant’s family, business, real property or financial interests and the services to be provided under this Agreement. Consultant shall comply with the City of Vallejo Conflict of Interest Code and not enter into any contract or agreement during the performance of this Agreement which will create a conflict of interest with its duties to City under this Agreement. In the event of a change in Consultant’s family, business, real property, or financial interests occurs during the term of this Agreement that creates an actual or potential conflict of interest, then Consultant shall disclose such conflict in writing to City. Every individual who performs services on behalf of Consultant pursuant to this Agreement must file a full Statement of Economic Interests (also known as Form 700) with the City Clerk if the work of the individual involves making a governmental decision whether to issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; authorizes the City to enter into, modify, or renew a contract; grants City approval of specifications for a contract; adopts or approves for the City any policy, standard or guideline; lobbies on behalf of the City, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City’s Conflict of Interest Code.
8. Independent Contractor. Consultant is an independent contractor.
Neither Consultant nor any of Consultant’s officers, employees, agents, or subcontractors, if any, is an employee of City by virtue of this Agreement or
Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 11 performance of any services pursuant to this Agreement. City shall have the right to control Consultant only insofar as the results of Consultant’s services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services pursuant to this Agreement.
9. Licenses, Permits, Etc. Consultant represents and warrants to City that all consultant services shall be provided by a person or persons duly licensed by the State of California to provide the type of services to be performed under this Agreement and that Consultant has all the permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice its profession. Consultant represents and warrants to City that it shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice its profession.
10. Business License. Consultant, and its subcontractors, has obtained or agrees to apply prior to performing any services under this Agreement to City’s Finance Department for a business license, pay the applicable business license tax and maintain said business license during the term of this Agreement. The failure to obtain such license shall be a material breach of this Agreement and grounds for termination by City. No payments shall be made to Consultant until such business license(s) has been obtained.
11. Standard of Performance. Consultant shall provide products and perform all services required pursuant to this Agreement in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation applicable federal, state, and local laws and regulations, and all other contingencies or considerations.
Consultant’s responsibilities under this section shall not be delegated. Consultant shall be responsible to City for acts, errors, or omissions of Consultant’s subcontractors.
Consultant is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work and shall prepare plans, reports, and/or other work products in such a way that additional costs will not be incurred beyond a project budget approved or amended by the City Manager or his or her designee.
Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by City, it is understood that such review, approval,
Consultant and Professional Services Agreement (Revised 05-2025) Page 4 of 11 conditional approval or disapproval is solely for the purposes of administering this Agreement and determining whether the Consultant is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the City of any responsibility, professional or otherwise, for the work, and shall not relieve the Consultant of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Consultant.
12. Force Majeure. Neither party shall be considered in default of this Agreement to the extent performances are prevented or delayed by causes or circumstances beyond either party’s reasonable control, such as war, riots, strikes, lockouts, work slowdown or stoppage, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts.
In the event that the Consultant is unable to meet the completion date or schedule of services, Consultant shall immediately inform the City Representative of this in writing. If additional time is required to perform the work, the City Representative may adjust the schedule.
13. Time is of the Essence. Time is of the essence in this Agreement. Any reference to days means calendar days, unless otherwise specifically stated.
14. Personnel. Consultant agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement.
The payment made to Consultant pursuant to this Agreement shall be the full and complete compensation to which Consultant and Consultant’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Consultant nor Consultant’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Consultant. The City shall not be required to pay any workers’ compensation insurance on behalf of Consultant.
Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
15. General Prohibition on Assignment of CalPERS Members and Annuitants. Consultant shall not hire, employ, or use, as an employee, subcontractor or agent of Consultant (Assigned Individual) any California Public Employment Retirement System (CalPERS) member or annuitant in connection
Consultant and Professional Services Agreement (Revised 05-2025) Page 5 of 11 with the provision of services under this Agreement. Nor shall Consultant allow any of its subcontractors, agents, or other representatives to employ CalPERS members or annuitants for the purpose of performing work under this Agreement.
Failure to comply with the provisions of this section shall constitute a material breach of Consultant’s obligations under this Agreement and shall be grounds for termination.
The City Manager and the Human Resources Director may together approve an exception which they determine either: (i) meets the requirements of CalPERS relating to Independent Contractors; or (ii) where such Assigned Individual who is an Annuitant, has not, and will not, exceed 960 total hours in a fiscal year (July 1 to June 30) for all CalPERS employers combined, and satisfies all other CalPERS annuitant requirements. No Assigned Individual, regardless of CalPERS membership at the time the labor is provided, may exceed 1,000 hours in a fiscal year (July 1 to June 30).
16. Consultant Not Agent. Except as authorized under this Agreement or as City may authorize in a letter of authorization signed by the City Manager or his or her designee, Consultant shall have no authority, express or implied to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, under this Agreement, to bind City to any obligation whatsoever.
17. Term. The term of this Agreement shall commence on July 1, 2025 and shall continue in full force and effect until November 30, 2027.
City shall, at its discretion, have the right to extend the term of this Agreement, in intervals of six months, by written notice to Consultant. The total duration of this Agreement, including the exercise of any options under this section, shall not exceed three years.
If the term of this Agreement extends into fiscal years subsequent to that in which it is approved, such continuation of the Agreement is contingent on the appropriation of funds for such purpose by the City Council of the City of Vallejo.
If funds to effect such continued payment are not appropriated, Consultant agrees to terminate any services supplied to City of Vallejo under this Agreement, and relieve City of any further obligation therefore.
18. Termination or Abandonment by City. The City has the right, at any time and in its sole discretion, to immediately terminate or abandon any portion or all of the services to be provided under this Agreement by giving notice to Consultant.
Upon receipt of a notice of termination, Consultant shall perform no further work except as specified in the notice. Before the date of termination, Consultant shall deliver to City all City records and documents, all work product, whether completed or not, as of the date of termination and not otherwise previously delivered.
Consultant and Professional Services Agreement (Revised 05-2025) Page 6 of 11 The City shall pay Consultant for services performed in accordance with this Agreement before the date of termination. If this contract provides for payment of a lump sum for all services or by task and termination occurs before completion of the work or any defined task which according to the performance schedule was commenced before the notice of termination, the fee for services performed shall be based on an amount mutually agreed to by City and Consultant for the portion of work completed in conformance with this Agreement before the date of termination. In addition, the City will reimburse Consultant for authorized expenses incurred and not previously reimbursed. The City shall not be liable for any fees or costs associated for the termination or abandonment except for the fees, and reimbursement of authorized expenses, payable pursuant to this section.
19. Products of Consulting Services. The work product, including without limitation, all writings, work sheets, reports, recordings, drawings, files, detailed calculations and other work products, whether complete or incomplete, of Consultant resulting from services rendered pursuant to this Agreement, shall become the property of City. Consultant agrees that all copyrights which arise from creation of the work under this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or other intellectual property rights in favor of the City. City acknowledges that its use of the work product is limited to the purposes contemplated by the scope of work and that the Consultant makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the scope of work.
Documents submitted to the City in electronic format shall be formatted according to specifications provided by the City, or if not otherwise specified, in Microsoft Word, Excel, PowerPoint or other Microsoft Office Suite (2002) format as appropriate for the particular work product or, if directed by the City Representative in Adobe Acrobat PDF format.
20. Cooperation by City. City shall, to the extent reasonable and practicable, assist and cooperate with Consultant in the performance of Consultant’s services hereunder.
21. Assignment and Subcontracting. Consultant shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties or obligation under this Agreement without the express written consent of the City Manager or his or her designee in each instance. Any attempted or purported assignment of any right, duty or obligation under this Agreement without said consent shall be void and of no effect.
If subcontracting of work is permitted, Consultant shall pay its subcontractor within ten (10) days of receipt of payment by City for work performed by a subcontractor and billed by the Consultant. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Consultant to use subcontractors for performance of any service under this Agreement.
Consultant and Professional Services Agreement (Revised 05-2025) Page 7 of 11
The City is an intended beneficiary of any work performed by Consultant’s subcontractor for purposes of establishing a duty of care between the subcontractor and City.
Any subcontractor or assignee consented to by City shall be bound by all terms and conditions of this agreement and the same shall be incorporated into and made a part of any assignment or subcontractor agreement.
22. Successors and Assigns. All terms, conditions, and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this section is intended to affect the limitation on assignment.
23. Non-Discrimination/Fair Employment Practices.
(a) Consultant shall not, because of race, religious creed, color, sex, national original, ancestry, disability, medical condition, age, marital status or sexual orientation of any person, refuse to hire or employ, or to bar or discharge from employment, or to discriminate in compensation, or in terms, conditions or privileges any person, and every employee will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of employment, without regard to his race, religious creed, color, sex, national origin, ancestry, or disability, medical condition, age, marital status or sexual orientation.
Consultant warrants and represents it is an equal opportunity employer and agrees it shall not discriminate on the basis of race, religious creed, color, sex, national origin, ancestry, disability, medical condition, age, marital status or sexual orientation in the selection and retention of employees, subcontractors or procurement of materials or equipment.
In all solicitations either by competitive bidding or negotiations made by Consultant for work to be performed under any subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by Consultant of Consultant’s obligation under this Agreement relative to nondiscrimination and fair employment practices.
Consultant shall include the above provisions of this section in every subcontract, including procurement of materials or equipment.
(b) Consultant agrees to comply with Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, the Americans with Disabilities Act of 1990, any other applicable federal and state laws and regulations and City ordinances and regulations hereinafter enacted.
Consultant and Professional Services Agreement (Revised 05-2025) Page 8 of 11
24. Notices. All notices or instruments required to be given or delivered by law or this Agreement shall be in writing and shall be effective upon receipt thereof and shall be by personal service or delivered by depositing the same in any United States Post Office, registered or certified mail, postage prepaid, addressed to:
If to City:
Oscar Alcantar
Interim Public Works Director
Public Works Department
555 Santa Clara Street, 4th Floor
Vallejo, CA 94590
If to Consultant:
Mark O’Brien
CEO
Environmental Risk Services, Inc.
P.O. Box 1209
Alamo, CA 94507
Any party may change its address for receiving notices by giving written notice of such change to the other party in accordance with this section.
Routine administrative communications shall be made pursuant to section 1 of Exhibit A.
24. Integration Clause. This Agreement, including all Exhibits, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had prior to the execution of this Agreement. This Agreement shall not be amended or modified except by a written agreement executed by each of the parties hereto.
25. Severability Clause. Should any provision of this Agreement ever be deemed to be legally void or unenforceable, all remaining provisions shall survive and be enforceable.
26. Law Governing. This Agreement shall in all respects be governed by the law of the State of California without regard to its conflicts of law rules. Litigation arising out of or connected with this Agreement shall be instituted and maintained in the courts of Solano County in the State of California or in the United States District Court, Eastern District of California, Sacramento, California, and the parties consent to jurisdiction over their person and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts.
27. Waiver. Waiver by either party of any default, breach or condition precedent shall not be construed as a waiver of any other default, breach or condition precedent or any other right hereunder.
Consultant and Professional Services Agreement (Revised 05-2025) Page 9 of 11
28. Ambiguity. The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party’s draftsmanship thereof.
29. Gender. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural, as the identifications of the person or persons, firm or firms, corporation or corporations may require.
30. Headings. The section headings contained in this Agreement are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Agreement.
31. Compliance with Laws. Consultant will comply with all statutes, regulations and ordinances in the performance of all services under this Agreement.
32. Confidentiality of City Information. During the performance of services under this Agreement, Consultant may gain access to and use City information regarding, but not limited to, procedures, policies, training, operational practices, and other vital information (hereafter collectively referred to as “City Information”) which are valuable, special and unique assets of the City. Consultant agrees that it will not use any information obtained as a consequence of the performance of services under this Agreement for any purpose other than fulfillment of Consultant’s scope of work , to protect all City Information and treat it as strictly confidential and proprietary to City, and that it will not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party, other than its own employees, agents or subcontractors who have a need for the City Information for the performance of services under this Agreement, without the prior written consent of City, or as required by law.
Consultant shall treat all records and work product prepared or maintained by Consultant in the performance of this Agreement as confidential.
A violation by Consultant of this section shall be a material violation of this Agreement and will justify legal and/or equitable relief.
Consultant’s obligations under this section shall survive the completion of services, expiration or termination of this Agreement.
33. News and Information Release. Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City
Consultant and Professional Services Agreement (Revised 05-2025) Page 10 of 11 Representative.
34. City Representative. The City Representative specified in Exhibit A, or the representative’s designee, shall administer this Agreement for the City.
35. Counterparts. The parties may execute this Agreement in one or more counterparts, each of which shall be deemed an original, but all of which together shall be deemed one and the same instrument.
36. Facsimile Signature; Electronic Signature. This Agreement shall be binding upon the receipt of facsimile signatures or e-mailed by PDF or otherwise.
Any person transmitting his or her signature by facsimile or electronically shall promptly send an original signature to the other party pursuant to the notice provision of this Agreement. The failure to send an original shall not affect the binding nature of this Agreement.
37. Authority. The person signing this Agreement for Consultant hereby represents and warrants that he/she is fully authorized to sign this Agreement on behalf of Consultant.
38. Exhibits. The following exhibits are attached hereto and incorporated herein by reference:
Exhibit A, entitled “Scope of Work,” including any attachments Exhibit B, entitled “Compensation,” including any attachments Exhibit C, entitled “Insurance Requirements,” including attachments
[SIGNATURES ON FOLLOWING PAGE]
Consultant and Professional Services Agreement (Revised 05-2025) Page 11 of 11
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year shown below the name of each of the parties.
ENVIRONMENTAL RISK SERVICES,
Inc.
a California corporation
By: ____________________
Mark O’Brien
CEO
DATE: __________________
(City Seal)
CITY OF VALLEJO,
a municipal corporation
By: ____________________
Andrew Murray
City Manager
DATE: __________________
ATTEST:
By: ____________________
Dawn G. Abrahamson
City Clerk
APPROVED AS TO CONTENT:
By: ____________________ for
Oscar Alcantar
Interim Public Works Director
APPROVED AS TO FORM:
By: ____________________ for
Veronica A. F. Nebb
City Attorney
APPROVED AS TO INSURANCE:
By: ____________________
Armond Sarkis
Risk Manager
Consultant and Professional Services Agreement (5-2025) Page 1 of 1 Exhibit A – Scope of Work
EXHIBIT A
SCOPE OF WORK
1. Representatives. The City Representative for this Agreement is:
Oscar Alcantar
Interim Public Works Director
Public Works Department
555 Santa Clara Street, 4th Floor
Vallejo, CA 94590
Office Phone: (707) 648-4433
Email address: [email protected]
The Consultant’s Representative for this Agreement is:
Mark O’Brien
CEO
Environmental Risk Services, Inc.
P.O. Box 1209
Alamo, CA 94507
Office Phone: (707) 648-4433
All routine administrative communications between the parties will be between the above-named representatives and may be by personal delivery, mail, facsimile transmission, or electronic mail as agreed between the Consultant Representative and City’s Representative.
2. Services to be Provided. The services provided shall be as set forth in Attachment 1 of Exhibit A, attached hereto and incorporated herein by this reference.
3. Time for Performance. Consultant will perform the services according to the schedule contained in Attachment 1 of Exhibit A. If the schedule calls for the services to be performed in phases or discrete increments, Consultant shall not proceed from one phase or increment to the next without written authorization from the City’s Representative. Consultant will complete all services by 11/30/2027.
5. No Set Work Hours. Consultant shall be solely responsible for determining the working hours of its individual personnel, employees, agents, and representatives within the limitations otherwise provided in this Agreement.
Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit B - Compensation
ATTACHMENT 1 OF EXHIBIT A
SCOPE OF WORK
Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit B - Compensation
Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit B - Compensation
Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit B - Compensation
EXHIBIT B
COMPENSATION
1. Consultant’s Compensation.
A. Services: City agrees to pay Consultant for those services set forth in Exhibit A of this Agreement and for all authorized reimbursable expenses, for a total not to exceed Three Hundred Thousand Dollars and Zero Cents [$300,000.00].
Consultant shall notify City in writing no later than thirty (30) days prior to the estimated date when Consultant will have billed City the maximum payment amount permitted under this Agreement, and Consultant shall provide City with an estimate of the additional compensation required to complete the project.
B. Additional Services:
1. Additional Services are those services related to the scope of Services of Consultant as set forth in Exhibit A but not anticipated at the time of execution of this Agreement. Additional Services shall be provided only when a Supplemental Agreement authorizing such Additional Services is approved by the City Manager, or his or her designee. City reserves the right to perform any Additional Services with its own staff or to retain other Consultants to perform said Additional Services.
2. Consultant’s compensation for Additional Services shall be established by mutual Agreement between City and Consultant.
2. Consultant’s Reimbursable Expenses. Reimbursable Expenses shall be limited to actual reasonable expenditures of Consultant for expenses that are necessary for the proper completion of the Services and shall only be payable if specifically authorized in advance by City.
3. Payments to Consultant.
A. Payments to Consultant shall be made within a reasonable time after receipt of Consultant’s invoice, said payments to be made in proportion to services performed. Consultant may request payment on a monthly basis. Consultant shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of City.
B. All invoices submitted by Consultant shall contain the following information:
1. Description of services billed under this invoice
Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit B - Compensation
2. Date of Invoice Issuance
3. Sequential Invoice Number
4. City’s Purchase Order Number (if issued)
5. Social Security Number or Taxpayer Identification Number
6. Amount of this Invoice (Itemize all Reimbursable Expenses”)
7. Total Billed to Date
C. Items shall be separated into Services and Reimbursable Expenses.
Billings that do not conform to the format outlined above shall be returned to Consultant for correction. City shall not be responsible for delays in payment to Consultant resulting from Consultant’s failure to comply with the invoice format described above.
D. Request for payment shall be emailed to:
Invoice File Name shall be:
Company Name Inv # Inv Amount Inv Date
If a paper copy is necessary, please mail it to:
City of Vallejo
Public Works Department
Engineering Division
555 Santa Clara Street 4t h Floor
Vallejo CA 94590
4. Accounting Records of Consultant. Consultant shall maintain for three (3) years after completion of all services hereunder, all records under this Agreement, including, but not limited to, records of Consultant’s direct salary costs for all Services and Additional Services performed under this Agreement and records of Consultant’s Reimbursable Expenses, in accordance with generally accepted accounting practices. Consultant shall keep such records available for audit, inspection and copying by representatives of the City’s Finance Department or other government agencies during regular business hours upon twenty-four (24) hours’ notice.
The obligations of Consultant under this section shall survive this Agreement.
5. Taxes. Consultant shall pay, when and as due, any and all taxes incurred as a result of Consultant’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit B - Compensation
6. Taxpayer Identification Number. Consultant shall provide City with Consultant’s complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service, and any other State or local tax identification number requested by City.
Consultant and Professional Services Agreement (Revised 05-2025) Page 1 of 3 Exhibit C – Insurance Requirements
EXHIBIT C
INSURANCE REQUIREMENTS
Consultant shall procure and maintain for the duration of this Agreement, including any extensions thereto, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of services hereunder by the Consultant, their agents, representatives, or employees or subcontractors.
1. Minimum Scope of Insurance. Coverage shall be at least as broad as:
A. Insurance Services Office form number GL 0002 covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
B. Insurance Services Office form number CA 0001 covering Automobile Liability, code 1 any auto and endorsement CA 0025.
C. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
D. Professional Liability insurance appropriate to the Consultant’s profession (Errors and Omission).
2. Minimum Limits of Insurance. Consultant shall maintain limits no less than:
A. General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
B. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
C. Workers’ Compensation and Employer’s Liability: $1,000,000 per accident for bodily injury or disease. If Consultant is not subject to California Workers’ Compensation requirements, Consultant shall file a completed certificate of exemption form which may be obtained from the City prior to commencing any activity authorized hereunder.
Consultant and Professional Services Agreement (Revised 05-2025) Page 2 of 3 Exhibit C – Insurance Requirements
D. Professional Liability (Errors and Omission): $1,000,000 combined single limit per occurrence, and annual aggregate.
3. Deductible and Self-Insured Retention. Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City of Vallejo, its officers, officials, employees and volunteers; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
4. Other Insurance Provisions. The general liability and automobile liability policies, as can be provided, are to contain, or be endorsed to contain, the following provisions:
A. The City of Vallejo, its officers, officials, employees, agents and volunteers are to be covered as additional insureds as respects; liability, including defense costs, arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Vallejo, its officers, officials, employees, agents or volunteers. The insurance is to be issued by companies licensed to do business in the State of California.
B. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the City of Vallejo, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Vallejo, its officers, officials, employees, agents, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it.
C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents, or volunteers.
D. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
E. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
F. The workers’ compensation and employer’s liability policy required hereunder shall be endorsed to state that the workers’ compensation carrier
Consultant and Professional Services Agreement (Revised 05-2025) Page 3 of 3 Exhibit C – Insurance Requirements
waives its right of subrogation against City, its officers, officials, employees, agents and volunteers, which might arise by reason of payment under such policy in connection with Consultant’s performance under this Agreement.
5. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII.
6. Verification of Coverage. Consultant shall furnish the City with certificates of insurance and original endorsements effecting general and automobile liability insurance coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences.
7. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
8. Payment Withhold. City will withhold payments to Consultant if the certificates of insurance and endorsements required in Paragraph F, above, are canceled or Consultant otherwise ceases to be insured as required herein.
San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 State of California | Gavin Newsom – Governor | [email protected] | www.bcdc.ca.gov
Transmitted Via Electronic Mail Only
November 12, 2024
TO: BCDC Permit Holder:
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
FROM: Lawrence J. Goldzband, Executive Director (415/352-3653; [email protected]) Lisa Herron, Coastal Program Analyst (415/352-3654; [email protected]) SUBJECT: Instructions for Completing BCDC Permit No. M2023.015.00; 50 Solano Avenue Soil Remediation Project, in the City of Vallejo, Solano County Dear BCDC Permit Holder:
Enclosed please find a copy of your BCDC Permit, executed by the Executive Director.
All permittees must (1) complete the acknowledgment section of the permit 1, which indicates
that you have read and that you understand all of the terms and conditions of the permit, and (2) return the entire permit within the ten-day time period (see Standard Conditions IV-A). Prior to commencing any grading, demolition, or construction, the general contractor or contractors in charge of the work shall submit the Certification of Contractor Review certifying that they have reviewed and understand the requirements of the permit. The Notice of Completion and Declaration of Compliance Form, shall be returned to the Commission upon project completion.
Furthermore, your permit contains special conditions which require you to take certain specific actions. Please understand that no work may commence on the project until the permit is executed and returned to the Commission. Until the Commission receives the executed permit, the permittee does not have the necessary authorization for the work authorized under the permit. The commencement of any work within the Commission’s jurisdiction without the necessary authorization from the Commission is a violation of the McAteer-Petris Act and could subject you to substantial fines.
If you should have any questions regarding the permit or the procedure outlined above, please contact our staff at 415-352-3600 or [email protected].
1 For your convenience, you will receive an email copy of the permit via DocuSign for your acknowledgement and e-signature.
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San Francisco Bay Conservation and Development Commission 375 Beale Street, Suite 510, San Francisco, California 94105 tel 415 352 3600 State of California | Gavin Newsom – Governor | [email protected] | www.bcdc.ca.gov
PERMIT NO. M2023.015.00
(Issued on November 12, 2024)
City of Vallejo
555 Santa Clara Street
Vallejo, CA 94590
Authorization
A. Authorized Project
Subject to the conditions stated below, the permittee, City of Vallejo, is hereby authorized to do the following:
Location: In the Commission’s 100-foot shoreline band jurisdiction and in a Waterfront Park, Beach priority use area, at 50 Solano Avenue in the City of Vallejo, Solano County.
Description: Within the 100-foot shoreline band:
1. Excavate an approximately 8,500-square-foot area to a depth of approximately 15 to 20 feet below ground surface;
2. Remove up to approximately 10,000 cubic yards of contaminated soil and extract contaminated groundwater, and dispose of the soil and groundwater outside of the Commission’s jurisdiction;
3. Backfill the excavated area with clean soil;
4. Install up to four monitoring wells; and
5. Restore the site to its original grade.
B. Based on the Application Dated
This authority is generally pursuant to and limited by the application dated July 3, 2023, including its accompanying exhibits and all conditions of this permit.
C. Deadlines for Commencing and Completing Authorized Work Work authorized herein must commence prior to November 30, 2025, and be diligently pursued to completion by November 30, 2027. This permit will lapse and become null and void if the authorized work is not commenced as specified, unless an extension is granted by an amendment of the permit.
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PERMIT. NO. M2023.015.00 November 12, 2024
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Special Conditions
The authorization made herein shall be subject to the following special conditions, in addition to the standard conditions in Part IV:
A. Plan Review
1. Project Plans.
The work authorized in this permit shall be completed generally in conformance with the plans entitled:
a. “Proposed Excavation Zone Showing Mean High Water and Shoreline Band, Southern Waterfront 17.12-Acre Parcel, Vallejo, California,” prepared by Environmental Risk Services Corporation, and dated August 2023; and b. “Site Layout, Parcels, and Boring Locations, Southern Waterfront 17.12-Acre Parcel, Vallejo, California,” prepared by Environmental Risk Services Corporation and dated August 2023.
No substantial changes shall be made to these documents without prior review and written approval by or on behalf of the Commission through plan review or a permit amendment.
The permittee is responsible for assuring that all construction documents accurately and fully reflect the terms and conditions of this permit.
2. Plan Review and Approval.
Unless otherwise provided by this permit, no work whatsoever shall commence pursuant to this permit until final documents regarding authorized and required activities are approved in writing by or on behalf of the Commission. Documents submitted shall be accompanied by a written request for plan approval, identifying the type of plans submitted, the portion of the project involved, and indicating whether the plans are final or preliminary. All documents will be reviewed within 60 calendar days of receipt. To save time, preliminary documents may be submitted prior to the submittal of final documents. If final document review is not completed by or on behalf of the Commission within the 60-day period, the permittee(s) may carry out the project authorized herein in a manner consistent with the plans referred to in Special Condition II.A.1 of this permit.
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Document Details
All construction documents shall be labeled with: the Mean High Water line or the upland extent of marsh vegetation no higher than +5 feet above Mean Sea Level and the tidal datum reference (NAVD88 or, if appropriate, Mean Lower Low Water (MLLW)); the corresponding 100-foot shoreline band; property lines; the location, types, and dimensions of materials, structures, and project phases authorized herein; grading limits; and the boundaries of public access areas and view corridor(s) required herein. Documents for shoreline protection projects must be dated and include the preparer’s certification of project safety and contact information. No substantial changes shall be made to these documents without prior review and written approval by or on behalf of the Commission through plan review or a permit amendment.
Conformity with Final Approved Documents
All authorized development and uses shall conform to the final documents. Prior to use of the facilities authorized herein, the appropriate professional(s) of record shall certify in writing that the work covered by the authorization and required of this permit has been implemented in accordance with the approved criteria and in substantial conformance with the approved documents. No substantial changes shall be made to these documents without prior review and written approval by or on behalf of the Commission through plan review or a permit amendment.
Discrepancies between Approved Plans and Special Conditions In case of a discrepancy between final approved documents and the special conditions of this permit or legal instruments, the special condition shall prevail.
Reconsideration of Plan Review
The permittee may request reconsideration of a plan review action taken pursuant to this special condition within 30 days of a plan review action by submitting a written request for reconsideration to the Commission’s Executive Director. Following the Executive Director’s receipt of such a request, the Executive Director shall respond to the permittee with a determination on whether the plan review action in question shall remain unchanged or an additional review and/or action shall be performed by or on behalf of the Commission, including, but not limited to, an amendment to the permit.
B. Remedial Action Work Plan
The permittee shall remediate the project site in accordance with the remedial action work plan entitled “Remedial Action Work Plan, Vallejo 17.12-Acre Parcel, 50 Solano Avenue, Vallejo, California” (RAWP), prepared by Environmental Risk Services, Docusign Envelope ID: EF4C4141-0C83-4C90-83A5-71A34A3BF7AE Docusign Envelope ID: 67912980-2A5B-425D-A4DB-1D26F967E30B
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Corporation, dated October 9, 2023, and approved by the Water Board on January 25, 2024. Should the Water Board approve any revisions to the RAWP, the permittee shall submit any modifications to the RAWP for plan review approval. Should the revised RAWP include any actions that are not substantially consistent with this permit, a permit amendment may be necessary to proceed.
C. Water Quality Protection
The work authorized herein shall be performed so as to prevent any significant adverse impact on water quality, tidal marsh, and other sensitive wetland resources. If any unforeseen adverse impacts occur to any such area as a result of the activities authorized herein, the permittee shall restore the area to or improve the area above its previous condition, including returning disturbed areas to original elevation and soil composition. Should the authorized work require any permissions from the Water Board, such as a water quality certification or waste discharge requirement, such permission shall be obtained and submitted to the Commission prior to commencing work.
D. Construction Measures
All construction operations shall be performed to prevent construction materials from falling, washing, or blowing into the Bay. If such material escapes or is placed in an area subject to tidal action of the Bay, the permittee shall immediately retrieve and remove such material at their expense. The work shall be designed and managed to minimize impacts on the environment, including erosion and the release of pollutants by incorporating the following best management practices:
1. Exposed soils and material stockpiles shall be stabilized, through watering or other measures, to prevent the movement of dust at the work site caused by wind and construction activities such as traffic and grading;
2. All construction roadway areas shall be properly protected to prevent excess erosion, sedimentation, and water pollution;
3. All vehicle and equipment fueling/maintenance shall be conducted outside of any surface waters;
4. Equipment used in and around jurisdictional waters shall be in good working order and free of dripping or leaking contaminants;
5. Raw cement, concrete, or concrete washings, asphalt, paint or other coating material, oil or other petroleum products, or any other substances that could be hazardous to aquatic life shall be prevented from contaminating the soil or entering the Bay;
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6. All erosion and stormwater control measures shall be properly maintained until the site has returned to a pre-construction state;
7. All temporarily disturbed areas shall be restored to pre-construction conditions; and
8. All debris removed during construction activities shall be disposed of at an appropriate upland location outside of the Commission’s jurisdiction.
E. Hazards and Hazardous Materials
The permittee shall minimize exposure to construction related contaminants and potential accidental releases of hazardous wastes and material.
F. Certification of Contractor Review
The permittee shall provide a copy of this permit to any contractor or person working in concert with the permittee to carry out the activities authorized herein and shall point out the special conditions contained herein. Prior to commencing any grading, demolition, or construction, the general contractor or contractors in charge of the work shall submit written certification that they have reviewed and understand the requirements of the permit and the final approved plans, particularly as they pertain to any to any public access features or environmentally sensitive areas.
Findings and Declarations
On behalf of the Commission, I find and declare that:
A. Project
The project authorized by this permit involves remediating contaminated soil and groundwater within the Commission’s 100-foot shoreline band jurisdiction. The project involves “the placement of small amounts of inert organic fill, the extraction of small amounts of materials, or a substantial change of use of any area so long as the placement, extraction, or change in use does not have a significant adverse effect on present or possible future maximum feasible public access to the Bay consistent with the project, on present or possible future use for a designated priority water-related use, and on the environment,” as defined in the Commission’s Regulation Sections 10601(b(1), and thus is defined as a “minor repair or improvement” for which the Executive Director may issue a permit, pursuant to Government Code Section 66632(f) and Regulation Section 10622(a).
B. Consistency with Commission Law and Policies
The project will remove approximately 10,000 cy of contaminated soil and replace it with clean soil to reduce potential groundwater TPH contamination sources from the site’s historic uses. The project will also include installation of groundwater monitoring Docusign Envelope ID: EF4C4141-0C83-4C90-83A5-71A34A3BF7AE Docusign Envelope ID: 67912980-2A5B-425D-A4DB-1D26F967E30B
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wells to enable continued monitoring of the site. Cleanup activities are defined in the Remedial Action Work Plan (RAWP) prepared by Environmental Risk Services Corporation, dated October 2023 and approved by the San Francisco Bay Water Quality Control Board (Water Board) on January 25, 2024. Special Condition II.B (“Remedial Action Work Plan”) is included to ensure that the project is carried out consistent with the approved plan and establishes an approval process for any necessary revisions.
The project site is located within a San Francisco Bay Plan (Bay Plan)-designated “Waterfront Park, Beach” Priority Use Area, identified on Bay Plan Map No. 2. This priority use area is known as the “Vallejo Central and Southern Waterfront – Independence Park (Recreation).” Currently, there is no change in use proposed or planned for the site, and no component of the project authorized herein would preclude the site’s future use as a recreation area. Successful remediation of the site may support its development as a recreation area in the future by removing environmental health hazards.
Project remediation activities will take place only within the 100-foot shoreline band and will not extend into the waters of the adjacent Mare Island Strait. The site does not contain tidal marsh or tidal flats and the project activities are not anticipated to influence bathymetric features, tidal hydrology, or sediment movement. While no project activities will take place in the Bay, construction activities along the shoreline have the potential to release contaminants into the Bay and affect water quality and habitats. Thus, Special Condition II.C, II.D, and II.E are included to ensure that the work is conducted in a manner that avoids the accidental release of hazardous materials and minimizes the potential of erosion and other water quality impacts on Bay waters.
Regarding the Bay Plan Policies on Environmental Justice and Social Equity, Commission staff identified that the project site is located within a community of high social vulnerability and is adjacent to a community of highest social vulnerability due to factors such as, but not limited to, high contamination vulnerability, high proportion of renters, very low income, persons over 65, no high school degree, and no vehicle ownership.
Commission staff analyzed the soil contamination remediation project in light of Environmental Justice and Social Equity guiding principles listed in Policy 3 and 4.
Consistent with Bay Plan Environmental Justice and Social Equity Policy 3, the permittee has conducted community engagement including:
(1) Direct contact with community advocates, including All Positives Possible and Fresh Air Vallejo, to discuss the project and any community concerns. (2) Factsheets and mailers to surrounding neighbors about the project, including ongoing communication about project phases.
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Consistent with Environmental Justice and Social Equity Policy 4, the applicant will provide appropriate notice to surrounding community particularly at nearby low-income housing residential units. Once all permits have been issued/obtained, and a better timeline for the anticipated commencement of soil remediation work has been determined, door-to-door notifications to residents—in particular those located at 201 Maine Street—will be distributed, and multi-language assistance will be provided to those requesting additional information on the project.
Special Conditions II.A and II.G are included to ensure that the project is carried out in a manner consistent with the terms of this permit.
Thus, as conditioned, the project authorized herein is consistent with the McAteer- Petris Act and with the San Francisco Bay Plan in that it will not adversely affect the Bay nor public access to and enjoyment of the Bay.
C. Public Trust
The Commission finds that the fill authorized herein is consistent with public trust needs.
D. Coastal Zone Management Act
The Commission further finds, declares, and certifies that the activity or activities authorized herein are consistent with the Commission's Amended Management Program for San Francisco Bay, as approved by the Department of Commerce under the Federal Coastal Zone Management Act of 1972, as amended.
E. California Environmental Quality Act
On February 12, 2024, the City of Vallejo, as lead agency, issued a Notice of Exemption for the project authorized by this permit. The City found that the project is categorically exempt from the California Environmental Quality Act (CEQA) requirement to prepare an environmental impact report pursuant to CEQA Guidelines Section 15330 (Class 30) as a minor action to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of hazardous waste or hazardous substances. Class 30 consists of any small or medium removal actions costing $1 million or less.
F. Administrative Listing
Pursuant to Regulation Section 10620, this project was listed with the Commission on November 7, 2024.
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G. Enforcement Program and Civil Penalties
The Commission has an enforcement program that reviews its permits for compliance.
The Commission may issue cease and desist and civil penalty orders if violations are discovered. The McAteer-Petris Act provides for the imposition of administrative civil penalties ranging from $10 to $2,000 per day up to a maximum of $30,000 per violation.
The Act also provides for the imposition of court-imposed civil penalties of up to $30,000 in addition to any other penalties, penalties for negligent violations of between $50 and $5,000 per day, knowing and intentional penalties of between $100 and $10,000 per day, and exemplary penalties, which are supplemental penalties, in an amount necessary to deter future violations. In addition, anyone who places fill, extracts materials, or makes any substantial change in use of any water, land or structure within the area of the Commission’s jurisdiction without securing a permit from the Commission is guilty of a misdemeanor.
Standard Conditions
A. Permit Execution
This permit shall not take effect unless the permittee(s) execute the original of this permit and return it to the Commission within ten days after the date of the issuance of the permit. No work shall be done until the acknowledgment is duly executed and returned to the Commission.
B. Notice of Completion
The attached Notice of Completion and Declaration of Compliance form shall be returned to the Commission within 30 days following completion of the work.
C. Permit Assignment
The rights, interests, and obligations contained in this permit are assignable in full or in part. This permit shall be assigned within thirty (30) days whenever: (a) the permittee transfers any interest in any real property on which an activity is authorized by a permit to occur; or (b) reassignment is necessary to achieve full compliance with one or more conditions of a permit. To assign this permit, the permittee-assignor and the assignee shall execute and submit for review and approval by Commission counsel a permit assignment document executed and dated by the assignor and assignee or their authorized representatives that contains all of the information specified in section 10830(a) of the Commission’s regulations (14 C.C.R. § 10830(a)) and that also complies with sections 10830(b) or 10830(c), if applicable.
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D. Permit Runs with the Land
Unless otherwise provided in this permit, the terms and conditions of this permit shall bind all future owners and future possessors of any legal interest in the land and shall run with the land.
E. Other Government Approvals
All required permissions from governmental bodies must be obtained before the commencement of work; these bodies include, but are not limited to, the U. S. Army Corps of Engineers, the State Lands Commission, the Regional Water Quality Control Board, and the city or county in which the work is to be performed, whenever any of these may be required. This permit does not relieve the permittee(s) of any obligations imposed by State or Federal law, either statutory or otherwise.
F. Built Project must be Consistent with Application
Work must be performed in the precise manner and at the precise locations indicated in your application, as such may have been modified by the terms of the permit and any plans approved in writing by or on behalf of the Commission.
G. Life of Authorization
Unless otherwise provided in this permit, all the terms and conditions of this permit shall remain effective for so long as the permit remains in effect or for so long as any use or construction authorized by this permit exists, whichever is longer.
H. Commission Jurisdiction
Any area subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission under either the McAteer-Petris Act or the Suisun Marsh Preservation Act at the time the permit is granted or thereafter shall remain subject to that jurisdiction notwithstanding the placement of any fill or the implementation of any substantial change in use authorized by this permit. Any area not subject to the jurisdiction of the San Francisco Bay Conservation and Development Commission that becomes, as a result of any work or project authorized in this permit, subject to tidal action shall become subject to the Commission’s “bay” jurisdiction.
I. Changes to the Commission’s Jurisdiction as a Result of Natural Processes This permit reflects the location of the shoreline of San Francisco Bay when the permit was issued. Over time, erosion, avulsion, accretion, subsidence, relative sea level change, and other factors may change the location of the shoreline, which may, in turn,
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PERMIT. NO. M2023.015.00 November 12, 2024
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change the extent of the Commission’s regulatory jurisdiction. Therefore, the issuance of this permit does not guarantee that the Commission’s jurisdiction will not change in the future.
J. Violation of Permit May Lead to Permit Revocation
Except as otherwise noted, violation of any of the terms of this permit shall be grounds for revocation. The Commission may revoke any permit for such violation after a public hearing held on reasonable notice to the permittee(s) or their assignees if the permit has been effectively assigned. If the permit is revoked, the Commission may determine, if it deems appropriate, that all or part of any fill or structure placed pursuant to this permit shall be removed by the permittee(s) or their assignees if the permit has been assigned.
K. Should Permit Conditions Be Found to be Illegal or Unenforceable Unless the Commission directs otherwise, this permit shall become null and void if any term, standard condition, or special condition of this permit shall be found illegal or unenforceable through the application of statute, administrative ruling, or court determination. If this permit becomes null and void, any fill or structures placed in reliance on this permit shall be subject to removal by the permittee(s) or their assignees if the permit has been assigned to the extent that the Commission determines that such removal is appropriate. Any uses authorized shall be terminated to the extent that the Commission determines that such uses should be terminated.
L. Permission to Conduct Site Visit
The permittee(s) shall grant permission to any member of the Commission’s staff to conduct a site visit at the subject property during and after construction to verify that the project is being and has been constructed in compliance with the authorization and conditions contained herein. Site visits may occur during business hours without prior notice and after business hours with 24-hour notice.
M. Abandonment
If, at any time, the Commission determines that the improvements in the Bay authorized herein have been abandoned for a period of two years or more, or have deteriorated to the point that public health, safety or welfare is adversely affected, the Commission may require that the improvements be removed by the permittee(s), its assignees or successors in interest, or by the owner of the improvements, within 60 days or such other reasonable time as the Commission may direct.
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PERMIT. NO. M2023.015.00 November 12, 2024
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N. Best Management Practices
1. Debris Removal
All construction debris shall be removed to an authorized location outside the jurisdiction of the Commission. In the event that any such material is placed in any area within the Commission's jurisdiction, the permittee, its assigns, or successors in interest, or the owner of the improvements, shall remove such material, at their expense, within ten days after they have been notified by the Executive Director of such placement.
2. Construction Operations
All construction operations shall be performed to prevent construction materials from falling, washing or blowing into the Bay. In the event that such material escapes or is placed in an area subject to tidal action of the Bay, the permittee shall immediately retrieve and remove such material at its expense.
O. In-Kind Repairs and Maintenance
Any in-kind repair and maintenance work authorized herein shall not result in an enlargement of the authorized structural footprint and shall only involve construction materials approved for use in San Francisco Bay. Work shall occur during periods designated to avoid impacts to fish and wildlife. The permittee(s) shall contact Commission staff to confirm current restricted periods for construction.
Executed at San Francisco, California, on behalf of the San Francisco Bay Conservation and Development Commission on the date first above written. _______________________________
LAWRENCE J. GOLDZBAND
Executive Director
San Francisco Bay Conservation and
Development Commission
LJG/LH/ra
cc: U. S. Army Corps of Engineers, Attn: Regulatory Functions Branch San Francisco Bay Regional Water Quality Control Board, Attn: Certification Section
Environmental Protection Agency
City of Vallejo Planning Department
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* * * * * * * * * * * * * * * * * * * * * * * * Receipt acknowledged, contents understood and agreed to:
Executed at City of Vallejo
Permittee
On
Signature
Print Name
Title
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PUblic Works Director
Melissa Tigbao
11/12/2024
San Francisco Bay Regional Water Quality Control Board
June 3, 2022
File No. SL 163211119 (MS)
City of Vallejo
Attn. Mr. Terrance Davis
(Terrance.Davis @cityofvallejo.net)
555 Santa Clara Street
Vallejo, CA 94590
Subject: Concurrence and Comments on Additional Site Investigations Report, Vallejo’s 17.12-Acre Parcel (Report), 50 Solano Avenue, Vallejo, California
Dear Mr. Davis:
Thank you for submitting the subject Report dated February 17, 2022, prepared by Environmental Risk Services, Inc. (ERS) on behalf of the City of Vallejo in response to the March 6, 2020, California Water Code Section 13267 Technical Report Requirements Order (Order) for an Investigation Work Plan and an Investigation Results Report for the Vallejo 17.12-Acre Parcel (Site).
Background
The Report describes the investigation activities conducted, including permitting, surveying, underground utility clearance, drilling and laboratory subcontractor solicitation and contracting, and sampling of soil and groundwater on January 18 and 19, 2022, laboratory analysis, data processing and compilation, and report preparation.
The objective of the soil and groundwater investigation was to determine the nature and extent of organic contaminants in the areas of borings V-4, V-18, and V-24 and to determine whether additional investigation or remedial action is warranted.
Investigation Results
Soil Contamination
The Report states that only trace semi-volatile organic compounds (SVOCs) were detected and no values exceeding Tier 1/Residential Environmental Screening Levels (Tier 1 ESLs) were reported. However, total petroleum hydrocarbons (TPH) as diesel (TPH-d) and TPH as motor oil (TPH-mo) concentrations in subsurface soils and groundwater in Areas 2 and 3 are elevated and likely associated with the historical use of the property to store vehicles, including large construction equipment and vehicles that used diesel fuel.
Mr. Terrance Davis - 2 - June 3, 2022
Groundwater Contamination
The Report states that grab groundwater samples were collected from all 12 borings at the Site for analysis of SVOCs in Areas 1 and 2, for TPH in Areas 2 and 3, and volatile organic compounds (VOCs) in Areas 1, 2, and 3. Analysis of the groundwater samples indicates the following:
• SVOCs were not reported exceeding the Tier 1 ESLs, maximum contaminant levels (MCLs), or the Tap Water Cancer Risk in any of the borings sampled in Areas 1 and 2. No VOCs exceeding the Tier 1 ESLs, MCLs, or the Tap Water Cancer Risk were detected in the three borings sampled.
• TPH as gasoline (TPH-g) was not detected in any samples from Areas 2 and 3 above laboratory reporting limits.
• TPH-d was detected in all four borings in Area 3 above the Tier 1 ESL, MCL or the Tap Water Non-Cancer Risk. The highest concentration was detected in boring B12 by the Mare Island Strait/Napa River (MIS/NR), confirming the presence of elevated TPH-d concentrations ten years after the previous targeted site investigation. Based on these results, the potential source of TPH-d could be within the soil vadose zone or groundwater saturated zones in this area.
• Elevated concentrations of TPH-mo were widely detected in both areas, especially in Area 3. However, there are no existing Tier 1 ESL, MCL, or Tap Water Non-Cancer Hazard standards.
Report Conclusions and Recommendations
The Report states that based on previous and current investigation results, TPH-d in groundwater appears to be limited to Area 3. Risks to human health or the environment posed by elevated TPH-d in groundwater are low considering the limited extent, and current and planned uses of the Site. Consequently, ERS does not recommend additional investigation of this area. However, persistently elevated TPH-d detected in groundwater suggests that potential TPH-d sources are likely present within local soils near and in the vicinity of Area 3 at the shoreline. For this reason, targeted, local removal of impacted soil, followed by confirmation soil sampling, would be the most rapid and cost-effective mitigation measure to prevent continued leaching and ongoing migration of TPH-d from soil to groundwater. Therefore, targeted soil removal would eliminate potential human health or ecological risks associated with TPH-d in local groundwater. For these reasons, ERS recommends development of a Work Plan for local soil and groundwater removal at Area 3, assisted by sampling to confirm the extent and adequacy of TPH-d-contaminated groundwater and TPH-d impacted soil removal.
Mr. Terrance Davis - 3 - June 3, 2022
Regional Water Board Response and Request
The City of Vallejo has met the requirements of the Order. I concur with the Report conclusions and recommendations and offer the following additional recommendations:
The elevated TPH-d and TPH-mo concentrations detected in grab groundwater samples collected from borings B9, B12, and V24, which are in proximity of MIS/NR, show that it is likely that TPH-impacted groundwater is discharging into the MIS/NR. Future investigations and remedial actions will need to cease this ongoing discharge.
Therefore, please submit the following technical reports for voluntarily cleanup of soil and groundwater contamination at the site and to prevent the discharge of contaminated groundwater into MIS/NR:
1. A Remedial Action Plan (RAP) to conduct the remedial measures recommended in the Report. The RAP should also recommend the following:
a. Installation of groundwater monitoring well(s) near borings V-24, B9, B10, and B12, to better monitor the discharge of TPH-d and TPH-mo-impacted groundwater into MIS/NR; and
b. If needed after the excavation, remedial action alternatives for removal and/or treatment of any residual TPH-d and TPH-mo-impacted soil and groundwater.
2. A Remedial Action Plan Implementation Report documenting and presenting the results of the implemented remedial action(s).
The City of Vallejo is required to submit all documents in electronic format to the State Water Resources Control Board’s GeoTracker database, pursuant to the California Code of Regulations (Title 23, Section 3890, et.seq.). See Electronic Submittal of Information for guidance on submitting documents to GeoTracker. Please note that this requirement includes all analytical data, monitoring well information (latitudes, longitudes, elevations, and water depth), site maps, and boring logs.
Basis for Request
The information requested in these reports are needed to reduce or eliminate future impacts to human health or water quality from site contamination.
Mr. Terrance Davis - 4 - June 3, 2022
If you have any questions, please contact me at (510) 622-4824 or [email protected].
Sincerely,
Max Shahbazian, P.G.
Mr. Peter Weiler, Environmental Risk Services, Inc. ([email protected])
ENVIRONMENTAL RISK SERVICES CORPORATION
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REMEDIAL ACTION WORK PLAN (RAWP)
VALLEJO 17.12-ACRE PARCEL, 50 SOLANO AVE., VALLEJO, CALIFORNIA
October 2023
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REMEDIAL ACTION WORK PLAN (RAWP)
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1. INTRODUCTION ..................................................................................................................1
1.1 Site Conditions, Zoning, and Historical Use ..................................................................1
1.2 Geology and Hydrogeology .............................................................................................2
1.2.1 Local Geologic Setting ...............................................................................................2
1.2.2 Local Hydrogeologic Setting ....................................................................................3
1.3 Summary of Previous Investigations and Results .........................................................3
1.3.1 Sampling and Results by HLA and West ...............................................................4
1.3.2 Investigation and Results by URS ...........................................................................4
1.3.3 Investigation and Results by ERS ............................................................................5
1.4 Rationale for Corrective Actions ......................................................................................6
2. OBJECTIVE AND SCOPE ....................................................................................................7
3. QUALITY ASSURANCE/QUALITY CONTROL PLAN ................................................7
3.1 Project Organization and Responsibilities ......................................................................7
3.1.1 Responsible Manager ................................................................................................8
3.1.2 QA Officer ...................................................................................................................8
3.1.3 Health and Safety Officer .........................................................................................8
3.1.4 Field Geologist/Engineer ..........................................................................................8
3.2 Laboratory Reporting Limits ............................................................................................9
3.3 Calibration Procedures and Frequency ...........................................................................9
3.4 Sample Quality Control .....................................................................................................9
3.5 Laboratory Data Reduction, Validation, and Reporting ............................................10
3.6 Corrections ........................................................................................................................10
3.7 Quality Assurance Reports .............................................................................................11
4. PRE-FIELD WORK ACTIVITIES .....................................................................................11
4.1 Site Inspection ...................................................................................................................11
4.2 Permitting ..........................................................................................................................11
4.3 Site Survey, Measuring, and Marking ...........................................................................12
4.4 Underground Utility Clearance .....................................................................................12
4.5 Subcontractor Solicitation and Hiring ...........................................................................12
4.6 Health and Safety Plan ....................................................................................................13
4.7 Transportation Plan ..........................................................................................................13
4.8 Environmental Controls ..................................................................................................14
5. SOIL EXCAVATION AND BACKFILLING ..................................................................14
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VALLEJO 17.12-ACRE PARCEL, 50 SOLANO AVE., VALLEJO, CALIFORNIA
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5.1 Pre-Excavation Preparation ............................................................................................14
5.1.1 Work Zones and Staging Areas .............................................................................15
5.1.2 Equipment and Materials .......................................................................................15
5.2 Soil and Groundwater Remedial Goals .........................................................................16
5.3 Conceptual Excavation Procedures ...............................................................................17
5.4 Confirmation Sampling and Analysis ...........................................................................19
5.5 Surveying ...........................................................................................................................19
5.6 Waste Profiling ..................................................................................................................20
5.7 Soil and/or Groundwater Transport and Disposal ......................................................20
5.8 Site Backfilling and Restoration .....................................................................................22
5.8.1 Backfill Source Evaluation and Selection .............................................................22
5.8.2 Backfilling and Site Restoration .............................................................................23
5.9 Dust and Noise Control ...................................................................................................24
5.10 Decontamination ..............................................................................................................24
5.11 Erosion and Runoff Control ............................................................................................25
5.12 Field Work Oversight and Documentation ..................................................................26
6. MONITORING WELL INSTALLATION .......................................................................26
6.1 Well Design and Specifications ......................................................................................27
6.2 Boring and Well Installation ...........................................................................................27
6.3 Well Development, Survey, and Completion Reporting ............................................27
6.4 Post-Remediation Groundwater Sampling ..................................................................28
7. REMEDIAL ACTION IMPLEMENTATION REPORT ................................................28
8. REFERENCES .......................................................................................................................29
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VALLEJO 17.12-ACRE PARCEL, 50 SOLANO AVE., VALLEJO, CALIFORNIA October 2023 iv
LIST OF TABLES
Table 1. TPH Reporting Limits for Soil ................................................................................................... 9 Table 2. Boundary of Proposed Excavation Area ............................................................................... 14 Table 3. Summary of TPH in Soil and Groundwater in Area 3 and Vicinity ................................. 17 Table 4. Tentative Confirmation Soil and Groundwater Sampling Plan ........................................ 18 Table 5. Recommended Fill Material Sampling Frequency (DTSC, 2001) ...................................... 22 Table 6. Proposed Monitoring Well Locations .................................................................................... 26
LIST OF FIGURES
Figure 1. General Site Location
Figure 2. Site Layout, Parcels, and Boring Locations
Figure 3. Excavation Zone and Monitoring Well Locations Figure 4. Groundwater Monitoring Well Design
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LIST OF ACRONYMS AND ABBREVIATIONS
BCDC San Francisco Bay Conservation and Development Commission bgs below ground surface
BMPs Best Management Practices
City City of Vallejo
CY Cubic Yards
DWR Department of Water Resources
DTSC Department of Toxic Substances Control
EPA Environmental Protection Agency
ESLs Environmental Screening Levels
ERS ERS Corporation
HASP Health and Safety Plan
HLA Harding Lawson Associates
Kaiser Kaiser Steel Corporation
MCLs Maximum Contaminant Levels
MGP Manufactured Gas Plant
MIS/NR Mare Island Strait/Napa River
mg/kg milligram per kilogram
PAHs Polycyclic aromatic hydrocarbons
PCBs Polychlorinated biphenyls
PDI Planned Development Industrial
PG&E Pacific Gas & Electric Company
PID Photo Ionization Meter
PPE Personal Protective Equipment
PVC Polyvinyl Chloride
QA Quality Assurance
QA/QC Quality Assurance/Quality Control
QA/QC Plan Quality Assurance/Quality Control Plan
QAPP Quality Assurance Project Plan
QC Quality Control
RAWP Remedial Action Work Plan
RCRA Resource Conservation and Recovery Act
RLs Reporting Limits
Site 50 Solano Avenue, Vallejo, Solano County, California SVOCs Semi-Volatile Organic Compounds
SWPPP Storm Water Pollution Prevention Plan
STLC Soluble Threshold Limit Concentration
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VALLEJO 17.12-ACRE PARCEL, 50 SOLANO AVE., VALLEJO, CALIFORNIA October 2023 vi
TAT Turnaround Time
TCLP Toxicity Characteristic Leaching Procedure
TPH Total Petroleum Hydrocarbons
TPH-d Total Petroleum Hydrocarbons as diesel
TPH-g Total Petroleum Hydrocarbons as gasoline
TPH-mo Total Petroleum Hydrocarbons as motor oil
TSDF Treatment, storage, and disposal facility
TSI Targeted Site Investigation
TTLC Total Threshold Limit Concentration
URS URS Corporation
USA Underground Services Alert
USCS Unified Soil Classification System
VOCs Volatile Organic Compounds
μg/L microgram per Liter
Water Board San Francisco Bay Regional Water Quality Control Board
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VALLEJO 17.12-ACRE PARCEL, 50 SOLANO AVE., VALLEJO, CALIFORNIA October 2023 1
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11.. IINNTTRROODDUUCCTTIIOONN
Environmental Risk Services, Inc (ERS) has prepared this Remedial Action Work Plan (RAWP) for the City of Vallejo ’s (City) 17.12-acre parcel located at 50 Solano Avenue, Vallejo, California. This RAWP was prepared in response to San Francisco Bay Regional Water Quality Control Board’s (Water Board) letter of Concurrence and Comments on the “Report for Additional Site Investigations, Vallejo 17.12- Acre Parcel, 50 Solano Avenue, Vallejo, California,” dated June 3, 2022.
This RAWP describes the corrective actions to be carried out to remove impacted soil in the vicinity of Area 3 depicted in the Report to reduce leaching and ongoing migration of TPH-d from soil to groundwater. In addition, the Water Board requested groundwater monitoring well(s) be installed near borings of V-24, B9, B10, and B12 in Area 3. Detailed tasks to achieve the above goal include project management and planning , associated permitting, underground utility clearance , soil and groundwater excavation, confirmatory soil and groundwater sampling, laboratory analysis of soil and groundwater samples for TPH -d and TPH-mo, waste profiling, transport, and disposal, profiling and transport of clean fill onsite for backfilling and site restoration, monitoring well installation, well survey, health and saf ety plan, and remedial action implementation report preparation. The following sections describe the major activities to be implemented . Detailed results will be present ed in the implementation report along with conclusions and further recommendations, if any.
11..11 SSIITTEE CCOONNDDIITTIIOONNSS,, ZZOONNIINNGG,, AANNDD HHIISSTTOORRIICCAALL UUSSEE The Site is located at 50 Solano Avenue, Vallejo, Solano County, California (Figure 1) . It is bordered on the northeast by Sonoma Boulevard, on the northwest by the former PG&E Manufactured Gas Plant (MGP), on the south east by a wastewater treatment facility , and on the southwest by Mare Island Strait/Napa River (MIS/NR) (Figure 2) . Based on the Solano County Assessor’s Map, the Site includes two full parcel s (0058090200 and 0058090340) and the southern portion of another parcel (0058090350), totaling 17.12- acres within an industrial area. A small portion of th e Site is currently occupied by the Humane Society of North Bay (1121 Sonoma Boulevard) located in the south east corner of the S ite. The majority of the Site is vacant, and the ground surface of the Site is primarily covered with sandy gravel . A former vehicle auction building has been abandoned to the west of the Humane Society. In addition, the City appears to be currently using the northeastern corner of the S ite as a temporary storage area.
This 17.12- acre parcel is the southern portion of the 40- acre Vallejo southern waterfront redevelopment site divided in 2012 and the Water Board is the regulatory lead for this area. The area east of the Site (located due east of Sonoma Boulevard) is zoned Planned Develo pment Industrial (PDI). The southern waterfront areas are also zoned PDI, except for the boat launch
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ramp and parking area on the northern end of the southern waterfront, which is zoned Commercial Waterfront and allows for marine -related commercial activities. Approximately 500 feet to the northwest of the Site is the area of a former MGP facility operated by a predecessor to Pacific Gas & Electric (PG&E) Company and is currently being remediated by P G&E under supervision of the California Department of Toxic Substances Control (DTSC).
The first known use of the Site was as an automobile junkyard though the exact date is unknown.
In 1974, the Site and areas to the northwest were acquired by Kaiser Steel Corporation (Kaiser) for use as their assembly yard for steel structures. Kaiser continued operations until 1987. The Vallejo Redevelopment Agency took title to the property following Kaiser’s bankruptcy in 1988. They leased the northeast corner of the S ite (1121 Sonoma Boulevard) to the Humane Society of North Bay in 1991, a vehicle auction operation to the west of the Humane Society in 1994, and a recreational vehicle storage business on another section in 2002. The abandoned office building of the vehicle auction operation is the former Kaiser machine shop.
11..22 GGEEOOLLOOGGYY AANNDD HHYYDDRROOGGEEOOLLOOGGYY
11..22..11 LLooccaall GGeeoollooggiicc SSeettttiinngg URS Corporation (URS) conducted a Targeted Site Investigation (TSI) at th e Site in 2010. The TSI report summarizes the local geology as follows: "Paleocene sedimentary rocks underlie the Site; recent sedimentary deposits overlie these rocks. During development, fill has been placed progressively south and westward into Mare Island Strait. This fill overlies the Paleocene and recent sedimentary deposits. The bedrock unit in the Site vicinity is the Panoche Formation , which consists of shale with thin beds of sandstone. Tectonic deformation has tilted the beds of the Panoche Formation so that it strikes northwesterly and dips moderately steeply to the south west and to the northeast. Locally, the Panoche Formation is disrupted by small faults and folds that change the strike and dip of bedding. Three geologic units underlay the site: gravelly clay fill, Bay Mud, and bedrock of the Panoche Formation. The grave lly clay fill is heterogeneous mix of materials placed by human activity for property development along Mare Island Strait. Fill material was reportedly placed at the Site sometime between 1920 to 1930 during expansion of a nearby former MGP facility, and then again from 1974 to 1975 and in 1982, by Kaiser during the operation of its steel fabrication facility. The fill materials primarily consist of sandy to gravelly clays, but also include clayey gravels, gravelly clayey sands, sandy clays, and clays. The soil is generally brown to orange -brown, and firm, with a heterogeneous mixture of ¼ -inch- to 2-inch- diameter mudstone and sandstone fragments. The Bay Mud that underlies the fill material is composed of natural deposits of clay and silt that are gray to black, very soft to soft, and highly plastic, with minor peat and fibrous organic material. The Bay Mud is underlain by bedrock consisting of mudstone that is brown to orange-brown, closely fractured, weak, friable, and deeply to moderately weathered. In all the borings completed during this TSI, subsurface material observed consisted of heterogeneous fill material to depths ranging from 4 to 5 feet below ground
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surface (bgs). Bay Mud was encountered in all of the borings at depths ranging from 10 to 12 fee t bgs."
ERS advanced 12 soil borings to a depth between ten and 20 feet bgs at the S ite in January 2022.
Based on ERS staff observations, surface and subsurface material consisted of heterogeneous coarse fill material at depths ranging from three to eight feet bgs. Suspected Bay Mud was encountered in all the borings at depths ranging approximately from ten to 20 feet bgs.
11..22..22 LLooccaall HHyyddrrooggeeoollooggiicc SSeettttiinngg Because the Site was previously wetland and open water, the uppermost water -bearing zone is expected to consist almost entirely of fill materials. According to the TSI, "The Site was part of the Mare Island Strait as early as 1910. In 1914, following the construction of a cofferdam/bulkhead along the current shoreline, part or all the Site may have received fill materials from the MGP.
Between the 1930s and early 1970s, additional fill material from unknown sources was placed within the limits of the overall area."
There are no groundwater monitoring wells currently available to monitor groundwater conditions at the Site. Groundwater was recorded at depths ranging from 12.5 to 15 feet bgs in the borings throughout the Site according to the TSI report. At the neighboring site of the former PG&E MGP plant, groundwater has been encountered at depths between three and five feet bgs in general. However, groundwater elevations show high variability over short distances, probably due to high variability of the fill materials that make up the shallow water bearing zone.
Groundwater level varies significantly across the Site and was encountered from four to 15 feet bgs according to ERS’ boring logs completed in January 202 2. Groundwater elevations are unknown since the temporary wells were not surveyed ; h owever, groundwater likely flows toward MIS/NR given the location and site topography.
11..33 SSUUMMMMAARRYY OOFF PPRREEVVIIOOUUSS IINNVVEESSTTIIGGAATTIIOONNSS AANNDD RREESSUULLTTSS Various environmental investigations have been conducted at and adjacent to the Site . Previous investigations that include scope and results within this Site include:
Phase II Hazardous Materials Site Assessment, Former Kaiser/Pacific Gas & Electric Company Properties, Vallejo, California (Harding Lawson Associates (HLA), 1992) Remediation Studies, 40 Acre Property, 1121 Sonoma Boulevard, Vallejo, California (Draft) (HLA, 1995)
Site Investigatio n Report, 40 Acre Property, 1121 Sonoma Boulevard, Vallejo, California (HLA, 1996)
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Soil Sampling for the Waterfront Devel oper Callahan/DeSilva Vallejo, and (West, 2001, no report)
Soil and Groundwater Sampling Work Plan 17 -Acre Southern Portion of Parcel S/T (Kleinfelder West, Inc., May 2009)
Targeted Site Investigation/The Vallejo 17-Acre Site (URS, March 2010) Report for Additional Site Investigations (ERS, February 2022)
11..33..11 SSaammpplliinngg aanndd RReessuullttss bbyy HHLLAA aanndd WWeesstt The TSI report briefly summarized the samplin g activities and analysis results conducted by HLA and West. Soil samples were collected and analyzed for total petroleum hydrocarbons (TPH), specifically, TPH as gasoline (TPH -g), as diesel (TPH -d), and as motor oil (TPH -mo), and volatile organic compounds (VOCs) at three locations on the Site and one additional location just outside of the Site boundary to the west. Soil samples for TPH and VOC analyses were collected at depth intervals from 6 feet bgs to 13.5 feet bgs. Of the soil samples collected, one sample collected at a depth of 6 feet bgs had reported concentrations of TPH -g, TPH -d, and TPH -mo, but at concentrations below the Water Board’s Environmental Screening Levels (ESLs) for residential or commercial land use for shallow soils. Detections of V OCs in soil included acetone, benzene, toluene, methylene chloride, and xylenes, all at concentrations below ESLs.
Groundwater samples were collected for TPH analyses from four monitoring wells between 1992 and 1995, and from an additional boring in 2001. The groundwater samples did not contain TPH-g at or above laboratory reporting limits. Concentrations of TPH -d and TPH -mo were detected in each of the four groundwater monitoring wells at concentrations above the ESLs for groundwater (drinking water and no n-drinking water). Analyses for VOCs in groundwater were limited to some samples being analyzed only for benzene, toluene, ethylbenzene, and xylenes, but no compounds were detected above laboratory reporting limits.
11..33..22 IInnvveessttiiggaattiioonn aanndd RReessuullttss bbyy UURRSS The TSI report prepared by URS in 2010 is the most comprehensive investigation completed at the Site. Soil bo ring, sampling of soil , soil gas, and groundwater, and laboratory analyses were conducted across the Site. Results are summarized below.
11..33..22..11 SSooiill IInnvveessttiiggaattiioonn aanndd RReessuullttss 24 soil borings were drilled to a depth of five feet bgs using a direct- push drill rig. The borings were spaced approximately 50 to 300 feet apart. Soil samples were collected at two and four feet bgs in each boring, and analyzed for metals, petroleum hydrocarbons, polycyclic aromatic hydrocarbons (PAHs), and polychlorinated biphenyls (PCBs).
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The soil analyses indicated that diesel -range petroleum hydrocarbons (TPH -d) at two feet bgs were detected in soil at one location exceeding the resident ial screening level; all other results were either non -detect or below applicable screening levels. TPH was not reported at four feet bgs. PAHs were present in soil at concentrations exceeding residential screening levels, but below commercial standards. T hus, the TSI did not conclude that any of the soil results warranted additional investigation.
11..33..22..22 GGrroouunnddwwaatteerr IInnvveessttiiggaattiioonn aanndd RReessuullttss Grab groundwater samples were collected from seven of the 24 locations during the TSI, where borings were advanced to 20 feet bgs, using a pump on the surface. The groundwater samples were analyzed for VOCs, petroleum hydrocarbons, PAHs, PCBs, and metals.
TPH and PAHs were identified in groundwater samples at concentrations exceeding applicable water quality standards at three of the seven locations sampled. TPH-mo was detected in samples from locations V-18 and V -24 at concentrations ranging from 560 to 4,100 micrograms per liter (µg/L). TPH -d was also detected at locations V -18 and V -24 at concentrations between 480 and 4,900 µg/L. With respect to PAHs, acenaphthylene was detected at 3.1 µg/L at V-18, and chrysene was detected at 2.0 µg/L at V-4.
11..33..22..33 SSooiill GGaass IInnvveessttiiggaattiioonn aanndd RReessuullttss Soil gas was investigated at 14 of the boring locations. The soil gas samples were collected from a depth of five feet bgs and analyzed for VOCs. None of the soil gas results exceeded applicable screening levels.
11..33..33 IInnvveessttiiggaattiioonn aanndd RReessuullttss bbyy EERRSS The investigation by ERS in 2022 collected additional soil and groundwater data on the nature and extent of organic contaminants in soil and groundwater to delineate and determine the type and extent of contamination in the areas of V -4, V -18, and V -24. The potential contaminants investigated were TPH and SVOCs in soil and gr oundwater. 12 borings were drilled with four borings surrounding each of the previous borings. Area 1 refers to the four borings around V -4, Area 2 to the borings around V-18, and Area 3 to the borings around V-24 (Figure 2). Borings were drilled to between ten to 20 feet bgs at all 12 borings. ERS recommended targeted soil remediation was warranted based on the following results.
11..33..33..11 SSooiill RReessuullttss
Three samples were collected from each bor ing: one immediately below the surface, approximately one to two feet bgs; one in the unsaturated vadose zone; and one from the
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saturated zone below the water table. D iscrete analysis of each sample and composite analysis from each boring were conducted, except for the saturated samples from Area 1 as noted.
Only trace SVOCs were detected and no values exceeding Tier 1/Residential ESLs were reported.
However, TPH-d and TPH-mo concentrations in subsurface soils and groundwater in Areas 2 and 3 were elevated and likely associated with the historical use of the property to store vehicles, including large construction equipment and vehicles that used diesel fuel.
11..33..33..22 GGrroouunnddwwaatteerr RReessuullttss
Grab groundwater samples were collected from all 12 borings at the Site for analysis of SVOCs in Areas 1 and 2, for TPH in Areas 2 and 3, and VOCs in Areas 1, 2, and 3. Analysis of the groundwater samples indicates the following:
SVOCs were not detected exceeding the Tier 1 ESLs, maximum contaminant levels (MCLs), or the Tap Water Cancer Risk in any of the borings sampled in Areas 1 and 2. No VOCs exceeding the Tier 1 ESLs, MCLs, or the Tap Water Cancer Risk were detected in the three borings sampled.
TPH-g was not detected in any samples from Areas 2 and 3 above laboratory reporting limits.
TPH-d was detected in all four borings in Area 3 above the Tier 1 ESL, MCL or the Tap Water Non-Cancer Risk. The highest concentration was detected in boring B12 by MIS /NR, confirming the presence of elevated TPH -d concentrations ten years after the previous TSI .
Based on these results, the potential source of TPH -d could be within the soil vadose zone or groundwater saturated zones in this area.
Elevated concentrations of TPH -mo were widely detected in both areas, especially in Area
3. However, there are no existing Tier 1 ESL, MCL, or Tap Water Non -Cancer Hazard standards for TPH-mo.
11..44 RRAATTIIOONNAALLEE FFOORR CCOORRRREECCTTIIVVEE AACCTTIIOONNSS Based on the history of the Site as a former automobile junkyard, a vehicle auction operation site, and a recreational vehicle storage business as well as previous investigation results summarized above, the main concern is the elevated TPH in soil and groundwater, more specifically, TPH -mo and TPH-d limited to Area 3. Risks to human health or the environment posed by elevated TPH -d in groundwater appear to be low considering the limited extent, and current and planned uses of the Site . Consequ ently, ERS does not believe additional investigation of this area is warranted.
However, persistently elevated TPH -d detected in groundwater in Area 3 suggests that potential TPH-d sources are likely present within local soils near and /or in the vicinity o f the shoreline. For
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this reason, ERS recommends targeted, local removal of impacted soil, followed by confirmation soil sampling to confirm the extent and adequacy of removal , which would be the most rapid and cost-effective mitigation measure to prevent continued leaching and ongoing migration of TPH -d from soil to groundwater. Soil removal would eliminate potential human health or ecological risks associated with TPH -d in local groundwater. The Water Board concurred with ERS’ recommendation in the letter of Concurrence and Comments dated June 3, 2022.
22.. OOBBJJEECCTTIIVVEE AANNDD SSCCOOPPEE
This RAWP details the design and implementation of soil excavation, confirmatory sampling, disposal, and site restoration activities to reduce potential groundwater TPH contamination sources in the vado se and saturate d zone in Area 3. The remedial action will be assisted with confirmation soil sampling during excavations to confirm the extent and adequacy of removal. In addition, three monitoring wells will be installed in this area to mon itor the potential discharge of TPH-d and TPH -mo impacted groundwater into MIS/NR pursuant to the Water Board’s additional request.
33.. QQUUAALLIITTYY AASSSSUURRAANNCCEE//QQUUAALLIITTYY CCOONNTTRROOLL PPLLAANN Sampling to be conduc ted during implementation of this RAWP includes confirmation soil/groundwater sampling and waste disposal classification sampling . This Quality Assurance/Quality Control Plan (QA/QC Plan) has been deve loped in support of the planned confirmation sampling.
The primary objective of the QA /QC Plan is to provide procedure s to obtain representative data that can be used to meet the project goals. In general, quality of the data is assured by adherence to formalized and standardized field and laboratory procedures performed by trained, qualifi ed personnel. In addition to QA/ QC procedures employed by ERS during this project, analytical laboratories utilized during this project will have appropriate State of California certifications which require adherence to their own specific quality assurance and quality control procedures.
The laboratory will follow appropriate procedures to ensure that acceptable levels of accuracy, precision, representativeness, completeness, and comparability are maintained for each data set.
This QA /QC Plan addresses procedures to be followed during rem edial actions as well as the subsequent site evaluation and reporting.
33..11 PPRROOJJEECCTT OORRGGAANNIIZZAATTIIOONN AANNDD RREESSPPOONNSSIIBBIILLIITTIIEESS The sampling will be performed under the direction of the Responsible Manager and a California Professional Geologist, as appropriate. All personnel involved with this project are aware of their
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individual responsibilities, as described in the following subsections, and understand that QA must be applied throughout the entire duration of the project.
A qualified and experienced project team will execute the cleanup acti ons identified in this RAWP. The following subsections list the key points of contact associated with the project. The cleanup work will be managed by the Water Board, the City, ERS and its subcontractors. A brief description of the responsibilities for each of the key points of contact is presented below.
33..11..11 RReessppoonnssiibbllee MMaannaaggeerr
The Responsible Manager will be responsible for adherence to project schedules, project coordination, maintaining project documentation, and management of techn ical, financial, and administrative aspects of the project. The Responsible Manager is the primary contact between the Water Board, the City, and the project team.
33..11..22 QQAA OOffffiicceerr
The QA Officer for the project is responsible for implementing the QA/QC Plan to ensure that sampling and analysis procedures are properly followed. The QA Officer coordinates the necessary report preparation, reviews, and provides QA audits. For this project, the QA Officer and Responsible Manager roles are combined.
33..11..33 HHeeaalltthh aanndd SSaaffeettyy OOffffiicceerr The responsibilities of the Health and Safety Officer include implementing the Health and Safety Plan (HASP), documenting all health and safety related activities, and ensuring that health and safety equipment is calibrated and maintained. A HASP will be prepared and present at all times on the site. For this project, the Responsible Manager will also serve as Health and Safety Officer.
33..11..44 FFiieelldd GGeeoollooggiisstt//EEnnggiinneeeerr The Field Geologist/Engineer ensures that field activities are properly executed in acco rdance with QA procedures and that all activities are appropriately documented in daily logs, on other forms, and in photographs. In addition, any deviations from the RAWP will be documented and explained. The Field Geologist/Engineer has the authority to:
Stop any remedial actions and/or sampling that are not following acceptable protocols, Discard any sample that is not correctly collected, preserved, or transported , and Invalidate any data obtained from an improperly collected sample or if the proper sam ple handling and documentation procedures have not been followed.
For this project, the Responsible Manager may also serve as the Field Geologist/Engineer.
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33..22 LLAABBOORRAATTOORRYY RREEPPOORRTTIINNGG LLIIMMIITTSS The anticipated TPH reporting limits (RLs) for soil are shown in the table below.
Table 1. TPH Reporting Limits for Soil
Analysis Analytical Method Analyte RL
(mg/kg)
TPH-d EPA Method 8015M with and without silica gel cleanup using EPA Method3630C Diesel 5.0
TPH-mo EPA Method 8015M with and without silica gel cleanup using EPA Method 3630C Motor Oil 25
TPH-g EPA Method 8260B Gasoline 0.5
These RL’s are typical RLs from a certified e nvironmental laboratory and represent the current capabilities complying with the appropriate Environmental Protectio n Agency (EPA) methodology. Other laboratories, with different RLs, may be utilized during this project for soil and groundwater sample analysis and waste and clean fill profiling . Additionally, other factors such as sample matrix interferences may cause a laboratory to raise RLs.
33..33 CCAALLIIBBRRAATTIIOONN PPRROOCCEEDDUURREESS AANNDD FFRREEQQUUEENNCCYY All equipment and instruments used in the project will be maintained and calibrated to operate within manufacturer s’ specifications so that the required sensitivity and QA/QC parameters are maintained. Analytical laboratory equipment will be maintained and calibrated in accordance with the laboratory's specific quality assurance plan and is a significant part of the laboratory accreditation evaluation.
Operational procedures for all field equipm ent will be followed to ensure that the equipment is operating properly, and that data are valid and traceable to a particular instrument. These procedures may include functional operational checks, routine maintenance, instrument calibration, and adjustme nts for special environmental conditions or interferences. Calibration and maintenance requirements of the field equipment will follow manufacturers ’ specifications.
33..44 SSAAMMPPLLEE QQUUAALLIITTYY CCOONNTTRROOLL
Sampling will be conducted using procedures that protect the physic al and chemical integrity of the sample. Representative data will be obtained by adhering to specific sampling and analysis procedures outlined in the Sampling and Analysis Plan. The procedures include the use of clean sampling equipment at each sampling l ocation, so that decontamination is not necessary to prevent cross- contamination. Sample QC procedures at the analytical laboratory will be in accordance with their accredited plan. Each sample will be tracked from the time of collection by
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extensive field documentation, which is completed during sampling. A Chain -of-Custody form is designed to create an accurate record which can be used to trace the possession and handling of samples from the moment of collection through analysis. The Chain -of-Custody is filled out by the field sampling team at the time a sample is collected. The Chain -of-Custody will accompany the sample through all transportation until it is received by the laboratory where it is filed. Whenever a sample is transferred from one party to another, both parties sign and date the Chain -of- Custody at the time of transfer.
33..55 LLAABBOORRAATTOORRYY DDAATTAA RREEDDUUCCTTIIOONN,, VVAALLIIDDAATTIIOONN,, AANNDD
RREEPPOORRTTIINNGG
Analytical QC measures will be implemented by the laboratory to ensure the validity and the integrity of the results. Data from the analytical laboratory will be reviewed by internal laboratory management before being submitted to the Responsible Manager/QA Officer. Analytical data from the laboratory must include the data report, and all related QA/QC data. The laboratory wi ll analyze the following QC samples:
Method blank: A method blank will be analyzed at a frequency specified in method protocol. This method blank is to identify if false values were caused by the analytical instruments or sample preparation.
Matrix spike and matrix spike duplicates: A spiked sample will be analyzed at a frequency specified in method protocol. The laboratory will conduct these analyses to ensure that the method recovery of the compounds is within acceptable limits. Surrogate spike compounds: Each blank, standard, and environmental sample will be spiked with surrogate compounds prior to purging or extraction. The surrogate spike recoveries shall fall within the control limits specified by the analytical method . Check sample, column check sampl e, and column check sample blank: The laboratory will run these, and any other QC samples specified by the method, to ensure accuracy and validity of the analytical result.
33..66 CCOORRRREECCTTIIOONNSS
During the project, it will be the responsibility of the Responsible Manager to ensure that all the specified sampling procedures are followed, and that data meet prescribed acceptance criteria.
The field and analytical procedures will be reviewed if QA/QC problems or deficiencies requiring corrective action occur. If a probl em is discovered, prompt and prescribed action will be taken to correct the problem. Corrective action may be initiated based upon QC data or audit results.
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33..77 QQUUAALLIITTYY AASSSSUURRAANNCCEE RREEPPOORRTTSS The Responsible Manager/QA Officer will rely on written reports and memor anda documenting data assessment activities, audits, nonconformance, and corrective actions to verify that QA requirements are being met. QA/QC activities will be documented. All information received from an outside source or developed during the project w ill be stored in project files. The Responsible Manager will identify and preserve field documents to be designated as QA records for the project file. The Responsible Manager will also ensure that QA records are properly stored and retrievable upon completion of the project.
44.. PPRREE--FFIIEELLDD WWOORRKK AACCTTIIVVIITTIIEESS Field work will include s oil excavation along with confirmation sampling in Area 3 (Figure 3) first. Once completed, the excavation pit will be backfilled with clean imported fill. In addition, four monitoring wells will be installed in the vicinity of Borings V -24, B9, B10, and B12 after completion of excavation/backfilling.
Prior to the start of field work , ERS will conduct the following series of activities to prepare for the field operation.
44..11 SSIITTEE IINNSSPPEECCTTIIOONN
ERS staff will contact the City to gain site access and inspect the site conditions. Staff will identify and locate the previous borings in Area 3. The initial monitoring well locations will also be determined during the site walkthrough. Pre-excavation meetings may be conducted with the City and third-party contractors.
44..22 PPEERRMMIITTTTIINNGG
Excavation activities will be conducted in accordance with applicable local, state, and federal regulations. ERS will obtain a well permit from the County of Solano Department of Resource Management for the monitoring wells . The well permit will be acquired before well drilling and installation work begi ns. A well completion report will be filed with California Department of Water Resources (DWR) within 60 days of the completion of the work.
Based on the location and very limited area of S ite disturbance, ERS does not consider the following permits to be required:
A grading permit from the City of Vallejo,
A storm water construction permit from State Water Resource Control Board, A permit to operate from Bay Area Air Quality Management District, and
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No existing San Francisco Bay Conservation and Development Commission (BCDC) permit that could be amended for work within the 100 -foot shoreline band under BCDC jurisdiction. A new BCDC permit will be applied for and obtained prior to the start of field work as this site is located within BCDC’s Bay jurisdiction.
The Tank Removal or Soil Excavation Notification Form may be filed with Bay Area Air Quality Management District prior to beginning work.
44..33 SSIITTEE SSUURRVVEEYY,, MMEEAASSUURRIINNGG,, AANNDD MMAARRKKIINNGG Based on the boring locations in Area 3, ERS will survey using GPS on a Pixel 5A 5G mobile phone and mark the initial excavation boundary with white paint based on previous TPH investigation results (Figure 3) as well as well locations. Additional and final surveying will be conducted if the excavation boundary needs to be expanded to remove additional TPH impacted soil. Depth and area of the excavation pit will be measured manually with a tape measure to estimate the volume of soil excavated. In addition, the monitoring wells may be surveyed by a professional surveyor for their locations and top of casing elevations to determine groundwater elevations and flow directions in the future.
44..44 UUNNDDEERRGGRROOUUNNDD UUTTIILLIITTYY CCLLEEAARRAANNCCEE ERS contacted Underground Services Alert (USA) and notified USA 72 hours prior to the start of soil boring activities in January 2022. ERS may contract a private underground utility service company to clear Area 3 again for excavation and drillin g activities. Various utility companies/partners will be alerted for the upcoming excavation and drilling activities before field operation begins . Areas within approximately six inches of underground utilities will not be disturbed to prevent damage.
44..55 SSUUBBCCOONNTTRRAACCTTOORR SSOOLLIICCIITTAATTIIOONN AANNDD HHIIRRIINNGG ERS will work with the City of Vallejo closely to maximally utilize the City’s existing resources for soil excavation, temporary storage of soil and/or groundwater, loading of soil /water into haul trucks, site backfilling, grading, and compaction, and final site restoration . ERS will solicit and acquire quotes from qualified subcontractors in the San Francisco Bay area for the following tasks:
transport of soil/groundwater for offsite disposal, transport of clean backfill materials onsite, well drilling and installation, final monitoring well survey , analytical services for soil and groundwater analyses and waste profiling and disposal facilities to accept TPH impacted soil. The volume of groundwater impacted by TPH is not e xpected to be significant due to the low yield of the local aquifer. ERS does not anticipate additional soil and groundwater treatment would be required beyond landfill disposal.
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44..66 HHEEAALLTTHH AANNDD SSAAFFEETTYY PPLLAANN
A Health and Safety Plan ( HASP) provides information describing anticipated health and safety matters at a site and establishes policies and procedures to protect site workers, the public, and the environment from predicted site hazards. Based on the cleanup activities including soil excavation, loading and off -hauling, backfilling, and grading, as well as potential health hazards present at the Site , ERS will prepare a site -specific HASP based on the planned activities and in accordance with Title 8 CCR, Section 5192 and 29 CFR 1910.120. A copy of HASP will be kept onsite during the field operations. In the event that anticipated conditions at the Site change, the plan will be modified accordingly. In addition, ERS will request all subcontractors working onsite to prepare their own HASP for their staff.
44..77 TTRRAANNSSPPOORRTTAATTIIOONN PPLLAANN
It is anticipated that several types of waste could be generated during remediation, including:
Nonhazardous and/or potentially hazardous soil. Excavated soils will be transported to the appropriate facility based on the profiling test results. Groundwater, if extracted from the excavation pit due to contamination, will be containerized, and transported to an appropriate off -site disposal facility. If it is determined that water will require treatment, it will be treated off-site.
Transportation activities will be performed in compliance with all regulations and ordinances.
The selected transportation company will be certified by the United States EPA and the S tate of California as a hazardous waste hauler, permitted to haul contaminated waste material if applicable. The hauling contractor(s) used to transport contaminated waste will be fully licensed and permitted by EPA and the S tate of California. All federal and state safety regulations will be strictly followed, including California High way Patrol Regulations, California State Fire Marshal Regulations, and the United States Department of Transportation Regulations. Transportation equipment will be selected to safely transport the expected volumes of soil /groundwater, taking into considera tion the types of roads to be traveled and their loading capacity. Routine truck maintenance and repairs will be performed at the contractor’s premises prior to picking up loads of waste material from the Site. The contractor will be required to clean up, to the satisfaction of the regulatory agencies involved, any spills resulting from maintenance of the trucks or due to potential road accidents during the field operations. All vehicles, trailers, and containers will be inspected on a routine basis.
The exact number of truck trips for exporting soil and/or water and importing backfill materials is uncertain currently. A total of approximately 5,000 to 10,000 cubic yards (CY) of excavated soils is estimated to b e transported from the Site, and approximately the same amount of clean backfill materials will be imported onto the Site. The amount of groundwater that needs to be transported
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offsite would be limited although the exact volume is unknown at present. A manifest will be prepared for each truckload and a generator’s copy will be retained by the Responsible Manager for logging and tracking purposes.
During loading and doff-loading, dust emissions will be monitored and mitigated as necessary.
Care will be exercised to prevent spillage of soil during loadin g, and to prevent the dispersion of dust. Trucks will be equipped with covers to prevent the release of potential dust and emissions during staging and transport. At all times, idling of trucks will be minimized or eliminated to the extent practicable.
It is anticipated that all trucking -related trips will u se Solano Avenue and Curtola Parkway to access Interstate 80 and/ or Interstate 780 after the trucks exit the Site . ERS does not anticipate additional traffic control measures will be needed.
44..88 EENNVVIIRROONNMMEENNTTAALL CCOONNTTRROOLLSS
Potential environmental and public health impacts from the remedial action s may include noise, air emissions, decontamination of equipment, and storm water runoff. Proce dures to minimize these impacts are described in Section 5.
55.. SSOOIILL EEXXCCAAVVAATTIIOONN AANNDD BBAACCKKFFIILLLLIINNGG Based on t he previous borings in Area 3 surrounding boring V -24, the initial boundary of excavation is estimated and shown in Figure 3. T he area covers approximately 8,500 square feet.
Previous boring and sampling results in this area indi cate the highest TPH concentrations were detected at approximately 10 to 16 feet bgs (Table 3, Section 5.2) . Total volume of excavation is estimated to be between 5,000 and 10,000 CY.
Table 2. Boundary of Proposed Excavation Area
Boundary Latitude* Longitude*
NW Corner 6488224.645 1795897.475
NE Corner 6488276.709 1795933.446
SE Corner 6488353.091 1795822.890
SW Corner 6488301.027 1795786.920
*Coordinates are listed in the United States State Plane Coordinate System for California Zone 402.
55..11 PPRREE--EEXXCCAAVVAATTIIOONN PPRREEPPAARRAATTIIOONN This section describes the work zones and staging area setup, equipment to be used, removal and subsequent backfilling of designated excavation areas, and the disposal of soil and refuse. It is anticipated that the se activities will be conducted in phases. The implementation sequence,