Item No.
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: MATTHEW BAUMGARDNER, DIRECTOR OF PUBLIC WORKS/CITY
ENGINEER
DATE: APRIL 9, 2024
SUBJECT: APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE FOR ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HIGHWAY, CAPITAL IMPROVEMENT PROJECT (CIP) NO. 17-01
EXECUTIVE SUMMARY
The City Council will consider the approval of a Professional Services Agreement with Ninyo & Moore to continue with environmental remediation services at 9255 Imperial Highway to obtain closure of the ongoing remediation case at said location and acceptance by the Los Angeles Regional Water Quality Control Board (LARWQCB)
RECOMMENDATION
That the City Council:
1. Approve the Professional Services Agreement with Ninyo & Moore for Environmental Remediation Services for a 12-month term beginning on April 10, 2024, for a total contract amount of $315,340.80;
2. Authorize the City Manager, or his designee, to execute the Professional Services Agreement with Ninyo & Moore in the amount of $315,340.80, including any non- substantive extensions, change orders and amendments up to the authorized budget amount of $350,000; and
3. Authorize a transfer of Water Funds in the amount of $170,000 from Account No. 51-1-8679 to Account No. 51-1-6583.
BACKGROUND
In 2005, the City of Downey acquired the property located at 9255 Imperial Highway (see Attachment A), formerly known as the Spartan Lacquer and Paint Facility, for roadway construction purposes in conjunction with the extension of Ardis Avenue (now Caring Way) from Congressman Steve Horn Way to Imperial Highway as part of the Kaiser Permanente Medical Center Development. Upon acquisition of the property, the City demolished the existing buildings, removed six underground storage tanks, and conducted environmental-related testing at the site. The test results indicated soil contamination due to elevated concentrations of contaminants in the soil and groundwater. The City prepared a work plan for the environmental remediation work and
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submitted it to the LARWQCB for review and approval. The LARWQCB conditionally approved the environmental remediation work plan through the installation and operation of a soil vapor extraction system with vapor extraction and groundwater monitoring wells.
Over the years, extensive environmental remediation has been completed at the site, which has proven successful in reducing the level of contaminants.
In December 2015, the City and SCS Engineers, a third-party consultant assisting the City with this effort by providing oversight of the remediation process, report preparation, and review and attendance at meetings, met with the LARWQCB to discuss the final closure of the environmental remediation efforts. The LARWQCB indicated that the groundwater sampling and soil vapor extraction monitoring data continued to detect presence of low contaminant concentrations of volatile organic compounds and total petroleum hydrocarbons and advised the City to continue its environmental remediation efforts. SCS Engineers developed an Environmental Data Review and Recommendation Report. In May 2016, the LARWQCB approved the recommendations to resume environmental remediation.
In June 2016, staff solicited proposals for environmental remediation services based on LARW QCB’s approved recommendations for soil vapor and groundwater contaminant remediation. In July 2016, the City received four proposals, with Ninyo & Moore ranked the highest based on its thorough understanding of the City’s soil vapor remediation goals and objectives, effective work program, and relevant experience providing similar soil vapor and groundwater contamination remediation services. In September 2016, the City Council approved a professional services agreement with Ninyo & Moore for the environmental remediation services at the subject site. Ninyo & Moore began the environmental remediation services, which included project coordination, preparation of site-specific Health and Safety and Quality Control/Quality Assurance Plans, installation of new soil vapor extraction system, vapor sampling and analysis at eight vapor extraction wells, installation of new soil vapor probe wells, groundwater monitoring, submission of technical reports to the LARWQCB and coordination with the South Coast Air Quality Management District (SCAQMD) to obtain “Site Specific” permits.
In February 2018, Ninyo & Moore, SCS Engineers, and staff met with the LARWQCB to discuss remediation efforts and the latest monitoring data. The LARWQCB acknowledged that the monitoring data showed that the concentrations of contaminants in the soil and groundwater had significantly decreased. However, contaminants were still present and, therefore, continued soil vapor remediation efforts were still required by the LARWQCB.
As environmental remediation efforts continued, Ninyo & Moore, SCS Engineers, and staff continued meeting with the LARWQCB. Subsequently, the soil vapor extraction equipment was changed from a Carbon Absorption System to a Catalytic Oxidation System, and the contaminant levels continued to decrease. Although the level of contaminants continued to decrease, the contaminant levels had not reached asymptotic or acceptable levels as required by the LARWQCB. Consequently, continued soil remediation efforts were still required by the LARWQCB.
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In October 2020, the environmental remediation services provided by Ninyo & Moore were extended for another 18 months or until contaminant levels decreased to asymptotic levels. City staff again met with Ninyo & Moore, SCS Engineers, and the LARWQCB to discuss the next steps in the process. The testing results were evaluated, and it was agreed that soil and groundwater contaminant levels had decreased but that remediation efforts needed to continue to achieve asymptotic levels. A work plan was subsequently developed and submitted to the LARWQCB, which approved the plan in September 2021.
ANALYSIS
The contaminant levels at the site have since decreased to a level deemed appropriate to proceed with the plan approved by the LARWQCB. The work plan includes the completion of the following items over the next 12 months with goals of further reducing the soil and groundwater contaminants to asymptotic levels and closing the remediation case:
• Groundwater monitoring of the three on-site wells, sampling and analysis, and reporting;
• Modification of five existing groundwater sampling wells to increase their depth up to 100 feet below ground surface to delineate the lateral and vertical extent of the dissolved groundwater plume beneath the site,
• Continue operation of the soil vapor extraction system and treatment unit in accordance with the SCAQMD permit requirements for approximately nine months, monitoring the system and preparation of quarterly reports;
• Once the volatile organic compound (VOC) levels have decreased to an acceptable level, the soil vapor extraction and treatment systems will be shut down, a rebound test will be performed, and a Remedial Action Completion Report (RACR) will be prepared along with a request for closure for submittal to the LARWQCB.
• Decommissioning the soil vapor extraction system and soil vapor extraction and monitoring wells.
Ninyo & Moore is prepared to resume the environmental remediation activities in accordance with the plan as described above. The execution of the attached Professional Services Agreement with Ninyo & Moore will be necessary in order for the remediation services to continue through completion. Staff recommends the approval and execution of said agreement. The completion of the environmental remediation services along with decommissioning of the soil vapor extraction system and soil vapor extraction and monitoring wells is anticipated to occur by April 2025.
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CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of approximately $360,000 from the Water Fund (Account No. 51-16583) as previously approved in the FY2023-24 Capital Improvement Budget. With the appropriation of the additional funds, there will be sufficient fund balance for the recommended actions.
ATTACHMENTS
Attachment A: Location Map
Attachment B: Ninyo & Moore Professional Services Agreement
Site
Location
ATTACHMENT A
1 CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT
WITH NINYO & MOORE
FOR PROFESSIONAL ENVIRONMENTAL REMEDIATION SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 9th day of April, 2024 by and between the City of Downey, a California municipal corporation and charter city with its principal place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and Ninyo & Moore, a California corporation, with its principal place of business at 475 Goddard, Suite 200, Irvine, CA 92618 ("Consultant"). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.”
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain professional environmental remediation services required by City on the terms and conditions set forth in this Agreement. Consultant represents that it has demonstrated competence and experience in providing professional environmental remediation services to public clients, is licensed in the State of California, and is familiar with the plans of City.
2.2 Project.
City desires to engage Consultant to render such services for Environmental Remediation at the former Spartan Lacquer Facility located at 9255 Imperial Hwy (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental remediation services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.
ATTACHMENT B
2 3.1.2 Term. The term of this Agreement shall be from April 10, 2024 to April 30, 2025, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The term of this Agreement may be extended by a written amendment to this Agreement signed by the City Manager and Consultant.
3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Se rvices subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Consultant retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "A" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. The parties acknowledge that the Schedule of Services may be amended by mutual agreement due to changes in circumstances, including changes in the performance schedules of other third parties performing work for the City on the Project, which affect the timing of Consultant's performance of the Services.
3 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agre ement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personn el, City shall be entitled to terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Consultant at the request of the City.
3.2.5 City’s Representative. The City hereby designates Matthew Baumgardner, or his designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Consultant shall not accept direction or orders from any person other than the City’s Representative or his designee.
3.2.6 Consultant’s Representative. Consultant hereby designates Prasad Thimmappa, P.E. or his designee, to act as its representative for the performance of this Agreement (“Consultant’s Representative”). Consultant’s Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary
4 to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub -consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner consistent with the standard of care set forth herein, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in force at the time the Services are performed by Consultant and in any manner affecting the performance of the Project or the Services, including all applicable Cal/OSHA requirements, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with Services. If the Consultant performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the applicable indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. Consultant’s violation of such laws, rules and regulations shall also constitute a material breach of this Agreement.
3.2.10 Insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence the Services or the Project under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement, the Services or the Project by the Consultant, its agents, representatives, employees or subcontractors. Consultant shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial
General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis including products and completed operations, property damage, bodily
5 injury and personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired) and 9 (non-owned); and (3) Workers’ Compensation : Workers’ Compensation insurance as required by the State of California with Statutory Limits; and (4) Employer’s Liability Insurance.
(B) Minimum Limits of Insurance. Consultant shall
maintain limits no less than: (1) Commercial General Liability (CGL): No less than $2,000,000 per occurrence for products and completed operations, bodily injury, property damage and personal and advertising injury. If Commercial General Liability Insurance or other form with general aggregate limit applies, either the general aggregate limit shall apply separately to this Agreement/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: No less than $2,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation:
Workers’ Compensation limits as required by the Labor Code of the State of California with Statutory Limits; (4) Employer’s Liability: Employer’s Liability limits of no less than $2,000,000 per accident for bodily injury or disease. Employer’s Liability coverage may be waived by the City if City receives written verification that Consultant has no employees.
If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.2, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.3 Professional Liability (Errors & Omissions). Consultant shall procure and maintain, and require its sub -consultants to procure and maintain, for a period of five (5) years following completion of the Services or the Project, errors and omissions liability insurance appropriate to its profession. Such insurance shall be in an amount not less than $2,000,000 per occurrence or claim and $2,000,000 in the aggregate, and shall be endorsed to include contractual liability. If the Consultant maintains broader coverage and/or higher limits than the minimum shown in this subdivision 3.2.10.3, the City requires and shall be entitled to the broader cove rage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
(A) Additional Insured Status. The Commercial General
Liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to liability arising from the work, Services, Project or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work,
6 Services. Project or operations; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Commercial General Liability insurance coverage may be provided in the form of an endorsement to the Consultant’s insurance (at lease as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33 or CG 20 38; and CG 20 37 forms if later revisions are used).
(B) Waiver of Subrogation. Consultant hereby grants to
City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under said insurance policies set forth herein. Consultant agrees to obtain any endorsement that ma y be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(C) All Coverages. Each insurance policy required by
this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except with written notice by certified mail, return receipt requested to the City; and (B) any failure to comply with reporting or other provisions of t he policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coverage. For any claims related to this Agreement, the Consultant’s insurance coverage shall be primary insurance and primary coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors, officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.
3.2.10.6 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers.
3.2.10.7 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. City may require Consultant to provide proof of ability to pay losses and related investigations, claim administration and defense expenses and costs within the retention. The policy language shall provide or be endorsed to provide that the self-insured retention may be satisfied by either the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, authorized to do business in California, and satisfactory to the City.
7 3.2.10.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance, including all required amendatory endorsements (or copies of the applicable policy language effective coverage required by this provision) and a copy of the Declarations and Endorsement Page of the Commercial General Liability policy listing all policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work un der this Agreement shall not waive the Consultant’s obligation to provide them to the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.
3.2.10.10 Claims-Made Policies. If any of the policies provide coverage on a claims-made basis:
(A) The retroactive date must be shown and must be
before the date of this Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of
insurance must be provided for at least five (5) years after completion of the Services provided under this Agreement;
(C) If coverage is canceled, non-renewed, and not
replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement or the date work commences under this Agreement, whichever is earliest, the Consultant must purchase extended reporting coverage for a minimum of five (5) years after completion of the Services under this Agreement.
3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe traffic control, walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set
8 forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Fifteen Thousand Three Hundred Forty Dollars and Eighty Cents ($315,340.80) without written approval of the City. Extra Work may be authorized, as described below, and if authorized, said Extra Work will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Consultant. The statement shall describe the amount of Services and supplies provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City Manager.
3.3.5 Prevailing Wages. Pursuant to Downey Municipal Code Section 2935, the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects, shall apply to the Project.
Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant’s principal place of business and at the Project site. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. If applicable, Consultant shall be registered at all times with the Department of Industrial Relations under the Public Works Contractor Registration Program for Labor Compliance.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representa tive of City
9 during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activit ies related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time either for cause or for the City's convenience and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days bef ore the effective date of such termination. Consultant may only terminate this Agreement for cause upon giving the City not less than seven (7) calendar days' written notice.
Upon termination, Consultant shall be compensated only for those services whic h have been adequately rendered to City, and Consultant shall be entitled to no further compensation. The City shall within fifteen (15) calendar days following termination pay the Consultant for all services adequately rendered and all reimbursable costs incurred by Consultant up to the date of termination, in accordance with the payment provisions of this Agreement.
The following reasons shall constitute "cause" for which either party may terminate this Agreement as provided herein:
• Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party;
• Assignment of this Agreement or transfer of the Project by either party to any other entity without the prior written consent of the other party;
• Suspension of the Project or the Consultant's Services by the City for more than ninety (90) calendar days, consecutive or in the aggregate, without good cause;
• Material changes in the conditions under which this Agreement was entered into, the Scope of Services or the nature of the Project, and the failure of the parties to reach agreement on the compensation and schedule adjustments necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such Documents and Data and other information within fifteen (15) days of the City's request.
10 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, o r at such other address as the respective parties may provide in writing for this purpose:
Consultant:
Ninyo & Moore
745 Goddard, Suite 20
Irvine, Ca 92618
Phone: (949) 753-7070
Attn: Prasad Thimmappa, P.E., Principal Engineer
City:
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7110
Fax: (562) 904-7296
Attn: Matthew Baumgardner, P.E., Director of Public Works/ City Engineer
With a courtesy copy to:
City of Downey
City Attorney’s Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty - eight (48) hours after deposit in the U.S. Mail, first class postage prepaid a nd addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are
11 prepared or caused to be prepared by Consultant under this Agreement (“Documents & Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents and Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whether in a court of law, administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of the services provided under this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party all reasonable costs incurred, including staff time, court costs, attorneys' fees and all other related expenses in such litigation.
3.5.6 Indemnification.
3.5.6.1 General Indemnification. Except as provided in subdivision
3.5.6.2 below which is applicable to “design professionals” only, Consultant shall defend (with counsel acceptable to City), indemnify and hold the City, its officials, officers, employee s, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged negligent acts, errors, omissions or willful misconduct of Consultant, its officials, officers, employees, agents, consultants and contractors arising out of or in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys’ fees and other related costs and expenses. The
12 Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Consultant shall defend, at Consultant's own cost, expense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Consultant shall reimburse City and its directors, officials, officers, employees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, and agents or volunteers. Consultant shall not be obligated to defend, indemnify or hold the City harmless in any manner whatsoever for any claims or liability arising solely out of the City's own negligent acts, errors or omissions or willful misconduct.
3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional" within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City), indemnify and hold harmless City and City’s officers, officials, employees, volunteers and agents from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any subconsultant, subcontractor or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant's performance of any task or service for or on behalf of City under this Agreement. The Consultant’s duty to indemnify shall extend to any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that Consultant and/or its personnel are employees of the City, have been misclassified as an independent contractors, or failed to pay any or all necessary state or federal withholdings and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City officers, officials, employees or volunteers shall not apply to the extent that such Claims are caused in part by the sole active negligence or willful misconduct of City or such City officers, officials, employees, volunteers and agents. Consultant's cost to defend City and/or City’s officers, officials, employees or volunteers against any such Claim shall not exceed Consultant's proportionate percentage of fault with respect to that Claim; however, pursuant to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City officers, officials, employees, volunteers and/or agents under this subdivision 3.5.6.2, Consultant shall be responsible f or
13 all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be the courts in Los Angeles County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this Agreement.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.
3.5.12 Assignment or Transfer. Neither party shall assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest here in without the prior written consent of the other party. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All references to City include its elected officials, officers, employees, agents and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and si gned by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
14 3.5.16 No Third Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.5.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay a ny company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of any City Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self- insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Part y.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of which shall constitute one and the same instrument.
3.5.23 Effect of Conflict.
In the event of any conflict, inconsistency, or incongruity between any provision of this Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the provisions of this Agreement will govern and control.
3.6 Subcontracting .
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Consultant shall require and verify that all subcontractors maintain insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensure that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement CITY OF DOWNEY.
a California municipal corporation
and charter city
NINYO & MOORE
a California corporation
By :By
March 14, 2024
Roger Bradley, City Manager Prasad Thimmappa, P.E.
Attest
Maria Alicia Duarte. CMC
City Clerk
Approved as to Form
'tv,t„J
WIn Funk, City Attorney
01 19.123859
15 Exhibit “A”
Scope-of-Services, Schedule and Compensation
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com
January 5, 2024
Project No. 209850002
Mr. Desi Gutierrez, PE
Principal Civil Engineer
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Subject: Amendment for Additional Environmental Remediation Services Calendar Year January 1, 2024 through December 31, 2024 Former Spartan Lacquer Facility
9255 Imperial Highway
Downey, California 90242
Dear Mr. Gutierrez:
In accordance with your request, Ninyo & Moore pleased to submit this budget amendment to the City of Downey, Department of Public Works (City) to continue Environmental Remediation Services at the former Spartan Lacquer Facility, 9255 Imperial Highway in Downey, California. Our proposed scope of services assumes pursuing a path towards closure for the site over the next 12 months based on current conditions and contaminant concentrations in soil vapor and groundwater at the site. Our estimated costs include continuation of groundwater monitoring for three quarters, operation and maintenance of the remediation system consisting of soil vapor extraction (SVE) and treatment system (catalytic oxidation [CatOx]) for nine additional months, implementation of the work plan for delineation/confirmation sampling and reporting, rebound testing and decommissioning of the SVE system, and abandonment of the existing soil vapor wells and groundwater monitoring wells.
On May 14, 2019, Mr. Prasad Thimmappa, PE of Ninyo & Moore attended a meeting with Mr. Bizu Ayele and Mr. Joseph Carrasco of the Los Angeles Regional Water Quality Control Board (RWQCB), Mr. Desi Gutierrez of the City and Julio Nuno of SCS Engineers to discuss next steps at the site. It was agreed upon by all participants that the data gathered to-date at the site indicate that continued soil remediation activities including SVE and groundwater monitoring are necessary. In addition, the RWQCB requested vertical and horizontal delineation/confirmation sampling of groundwater impacts at the site by advancing four borings off-site to delineate the lateral extent, of which one boring would be advanced deeper to delineate the vertical extent of impact along with one deeper boring onsite, for a total of five confirmation borings. A work plan was prepared and submitted to the RWQCB in
Ninyo & Moore | 9255 Imperial Highway, Downey, California | 209850002 | January 5, 2024 2
December 2020 and was approved by the RWQCB in September 2021. Costs for implementation of the work plan are included in this amendment.
The following scope of work outlines Ninyo & Moore’s plan for additional work to remediate the site in accordance with RWQCB requirements.
SCOPE OF WORK
Ninyo & Moore will perform the following environmental services for the remediation of contaminated soil vapor at the site.
Task 1 – Project Management, Meetings and Coordination
This task includes the management, coordination, and planning of the project. Services included are described below.
• Coordinate field activities with the City, equipment subcontractors and agencies. • Pre-field project kick-off meeting
• Maintain communication with the City’s representatives throughout the duration of the project and participate in semi-annual progress meetings (2 meetings) remotely or at the City offices, as requested.
• Attend meetings (2 meetings) with City and its representatives, and the RWQCB, remotely or at their offices to review the project and determine next steps to reach site closure. • Coordinate preparation of project documents, and agency approvals with the City. • Upload data and reports on behalf of the City to GeoTracker.
Task 2 – Groundwater Monitoring and Reporting (3 events) This task includes performing groundwater monitoring of the three existing on-site monitoring wells, sampling and analysis, and reporting.
• Perform groundwater monitoring of the three on-site wells (MW-4, MW-5, and MW-6). Prior to monitoring/sampling of the wells, the RWQCB will be notified. • Collect static water level measurements followed by purging and sampling of monitoring wells using low flow techniques. Groundwater samples will be collected in appropriate sample containers for volatile organic compound (VOC) analysis (full scan, including fuel oxygenates by United Stated Environmental Protection Agency (EPA) Method 8260B and for total petroleum hydrocarbons as gasoline (TPHg) by EPA Method 8015M). Samples will be submitted to a California State-certified laboratory for analysis under standard chain-of-custody protocols.
Laboratory reports will include electronic deliverable format to upload data to Geotracker. • Quality Assurance/ Quality Control (QA/QC) samples will be collected, including equipment blank, trip blank, and duplicate samples (rate of 10 percent). QA/QC samples will be analyzed for VOCs and TPHg by EPA Methods 8260B and 8015M, respectively.
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• Purged water will be stored in labelled 55-gallon drums pending proper disposal. Disposal of four drums of non-hazardous waste is included.
• Following receipt of analytical data, groundwater monitoring reports will be prepared. Each quarterly report will include a description of field and laboratory protocols, a summary of analytical data, a sitewide groundwater contour map, iso-concentration plume maps for major contaminants, and conclusions and recommendations. Level II data validation will be performed for the laboratory data.
• Submit one draft report for each quarterly monitoring event to the City for review. Following approval by the City and their consultants, comments will be incorporated and the report will be finalized. Each monitoring report will be uploaded to GeoTracker.
Task 3 – Implementation of the Delineation/Confirmation Work Plan and Reporting
This task includes the advancement of five borings to collect a grab groundwater sample to delineate the horizontal and vertical impacts to groundwater at the site and site vicinity. The proposed plan as discussed with the RWQCB includes advancing a total of five borings, one in each of the primary directions from the site, and one onsite. It is anticipated that three of the offsite borings will be advanced to approximately 75 feet below ground surface (bgs), and one of the off-site (down gradient) and one onsite well will be advanced to approximately 100 feet bgs in an effort to delineate the lateral and vertical extent of the dissolved groundwater plume beneath the site. • It is assumed that three of the boring locations will need traffic control. • No-fee encroachment permits will be processed by the City. • Four boring locations need concrete or asphalt coring. • Soil and decontamination water will be characterized as non-hazardous. • Soil cuttings will be screened in the field and five samples per boring with the highest photo- ionization detector results will be transported to an analytical laboratory for analysis for VOCs by EPA Method 8260B/5035 and TPH as gasoline (TPH-g) using EPA Method 8015M. • One set of grab groundwater samples will be collected from the five borings and transported to a State Certified analytical laboratory for analysis for VOCs by EPA Method 8260B and TPH as gasoline (TPH-g) using EPA Method 8015M.
Upon the completion of boring and sampling activities and receipt of analytical results, a well installation report will be prepared and submitted to the City for review and approval prior to uploading to Geotracker. The report will include a description of the site background, assessment methodologies used, boring logs, figures depicting the boring locations, tables summarizing the analytical results and interpretation of the delineation of the chemicals in soil and groundwater.
Ninyo & Moore | 9255 Imperial Highway, Downey, California | 209850002 | January 5, 2024 4
Task 4 –Operate SVE and Treatment System and Reporting (9 months) This task includes the continued operation of the SVE and treatment unit (CatOx) in accordance with the South Coast Air Quality Management District (SCAQMD) permit to operate (PTO), monitoring of the SVE system for approximately 9 months (permit renewed in October 2023 valid through October 2024), and preparation of quarterly reports summarizing results including data interpretations. • We will monitor the SVE system at least weekly in accordance with the requirements of the SCAQMD site-specific permit. In accordance with the SCAQMD permit, influent and effluent vapor samples will be collected monthly and analyzed by an analytical laboratory. These samples will be used for estimating pounds of contaminants removed from the subsurface. • Ninyo & Moore will prepare quarterly remedial progress reports and include them in the groundwater monitoring reports indicated in Task 2 above, for submittal to the RWQCB.
Monitoring reports will include a description of SVE operations for the quarter, field measurement data, analytical results of vapor samples, data interpretation and conclusions, including the estimated TPHg and VOC mass removed.
• Ninyo & Moore will submit reports required by the SCAQMD site-specific PTO.
It is anticipated that the SVE system will reach asymptotic levels by July 2024 followed by rebound testing August through September, 2024 (9 months).
Task 5 – Conduct Rebound Testing and Prepare RACR
This task includes conducting rebound testing following the shut -down of the SVE and treatment system, and preparing a Remedial Action Completion Report (RACR) with a request for closure . • In consultation with City and RWQCB personnel, once the concentrations of VOCs have decreased to an acceptable level for closure and the practical limits of soil remediation using SVE have been reached (i.e., achieved asymptotic conditions), SVE will be ge nerally determined to be complete, and the system will be shut down and an SVE rebound test will be conducted.
• SVE rebound testing will be conducted after shut down of the SVE system for a minimum of 2 weeks. During the rebound test, field instrument readings will be collected for the same parameters listed in Task 5 above, as follows:
within fifteen (15) minutes of restart;
at hourly intervals thereafter for at least three (3) hours; at daily intervals thereafter for at least four (4) days, and; weekly thereafter for at least three (3) additional weeks. • Soil vapor samples will be collected and analyzed by the laboratory as indicated in Task 5 above within fifteen (15) minutes of restart and approximately one (1) week after restart. • The rebound testing report will be prepared and combined with the final remedial progress report. The rebound testing report will describe field and laboratory protocols, summarize data, include graphical representations of data, and provide appropriate conclusions and
Ninyo & Moore | 9255 Imperial Highway, Downey, California | 209850002 | January 5, 2024 5
recommendations along with a request for closure. The draft report will be submitted to the City for review.
• Following approval by the City, comments will be incorporated to the draft report and the document will be finalized. Once finalized, the document will be uploaded to GeoTracker.
Task 6 – Decommission SVE System, Va por Extraction and Monitoring We lls This task includes the decommissioning of the SVE system, vapor extraction and monitoring wells. • A brief work plan will be prepared for the decommission of the SVE system, vapor extraction and monitoring wells.
• The SVE treatment unit will be disconnected from the PVC header system by the SVE subcontractor.
• The treatment system subcontractor will remove the skid mounted SVE unit(s) from the site. • Below ground piping between the vapor extraction wells and the equipment compound will be cut at the surface, grouted, and remain in place. Above ground piping will be removed from the site. It is assumed that the fencing at the site will remain in place unless th e City authorizes removal, in which case, it will be performed at additional cost, with the City’s approval. • The existing soil vapor extraction wells, groundwater monitoring wells and vapor probes will be decommissioned using a hollow-stem auger drill rig in accordance with Los Angeles County, Department of Public Health, Drinking Water Program requirements and State of California Well Standards Bulletin 74-90 and Supplement to Bulletin 74-81, which includes grouting in-place and/or overdrilling and removing the piping and grouting of each well. Derived waste will be containerized in DOT-approved 55-gallon drums and hauled off site for disposal. A total of three groundwater monitoring wells that extend to a maximum depth of approximately 80 feet bgs, four multi-completion SVE wells that extend to a maximum depth of approximately 55 feet bgs, and four multi-depth soil vapor probes that extend to a maximum depth of approximately 55 feet will be decommissioned.
ASSUMPTIONS
Listed below are our assumptions for estimating the costs to complete the scope of work. • Costs are based on operating the SVE and CatOx treatment system for 9 months, including one month during the rebound testing period.
• The City is responsible for electrical equipment from Southern California Edison transformer, meter panel, step-down transformer to disconnect switch. The City will directly pay utility bills. • No-fee encroachment permits will be processed by the City. • Prevailing wages are applicable to this project.
• Four 55-gallon drums of “knockout condensate” water, 4 drums of decontamination water from groundwater monitoring activities; 10 drums of decontamination water from the groundwater delineation/confirmation sampling and 5 drums from the well decommissioning task will be disposed of off-site as non-hazardous waste. In addition, disposal of two roll-off bins of non- hazardous soil cuttings from the delineation/confirmation sampling and decommissioning task are included.
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• The SVE systems will operate for a total of 9 months, including one month on site while the system is shut down for rebound testing.
FEE AND SCHEDULE
The cost breakdown is provided on the attached Table 1, Breakdown of Estimated Fee. An estimated schedule is provided below.
• Groundwater Monitoring and Reporting: March, June, September, 2024 • Implementation of the Delineation/Confirmation Work Plan and Reporting: May - June, 2024 • SVE system operation: Nine Months starting January 2024 through September 2024, with rebound testing in August, 2024.
• Conduct Rebound Testing and Prepare RACR: July - September, 2024 • Decommission SVE System, Vapor Extraction and Monitoring Wells: December, 2024 We appreciate the opportunity to work with the City on this project. If you have any questions, please contact either of the undersigned at your convenience.
Respectfully submitted,
NINYO & MOORE
Prasad Thimmappa, PE
Principal Engineer
Anthony Lizzi, PG, CHG
Principal Geologist
PT/AJL/scs
Attachments: Table 1 – Breakdown of Estimated Fee
Schedule of Fees
cc: Mr. Julio Nuno, SCS Engineers
Project Management
Principal Engineer/Geologist/Environmental Scientist 20 hours @ 210.00$ /hour 4,200.00$ Senior Engineer/Geologist/Environmental Scientist 40 hours @ 200.00$ /hour 8,000.00$ Project Engineer/Geologist/Environmental Scientist 60 hours @ 185.00$ /hour 11,100.00$ RWQCB (2) and City (2) Meetings
Principal Engineer/Geologist/Environmental Scientist 16 hours @ 210.00$ /hour 3,360.00$ Senior Engineer/Geologist/Environmental Scientist 16 hours @ 200.00$ /hour 3,200.00$ Data Processing, Technical Editing, or Reproduction 8 hours @ 75.00$ /hour 600.00$ Field Vehicle 16 hours @ 15.00$ /hour 240.00$
Subtotal 30,700.00$
Groundwater Monitoring Fieldwork (3 Events)
Senior Engineer/Geologist/Environmental Scientist 3 hours @ 200.00$ /hour 600.00$ Senior Staff Engineer/Geologist/Environmental Scientist 30 hours @ 170.00$ /hour 5,100.00$ Field Vehicle and Equipment Usage 30 hours @ 15.00$ /hour 450.00$ Low Flow Pump, Controller, Water Quality Meter Rental 3 days @ 300.00$ /day 900.00$ Sampling Supplies (tubing, bladders)3 events @ 350.00$ /event 1,050.00$ Non-Hazardous Waste Disposal/Recycling - Decon Water 3 drums @ 650.00$ /drum 1,950.00$ Laboratory Analyses - EPA Method 8260/5030 + Oxygenates 18 tests @ 160.00$ /test 2,880.00$ Laboratory Analyses - EPA Method 8015M, TPHg 18 tests @ 80.00$ /test 1,440.00$ EDF Format 3 units @ 4% /unit 172.80$
Groundwater Monitoring Reports (3)
Principal Engineer/Geologist/Environmental Scientist 3 hours @ 210.00$ /hour 630.00$ Senior Engineer/Geologist/Environmental Scientist 6 hours @ 200.00$ /hour 1,200.00$ Senior Staff Engineer/Geologist/Environmental Scientist 24 hours @ 170.00$ /hour 4,080.00$ Technical Illustrator/CAD Operator 6 hours @ 110.00$ /hour 660.00$ Data Processing, Technical Editing, or Reproduction 6 hours @ 75.00$ /hour 450.00$ Subtotal 21,562.80$
Principal Engineer/Geologist/Environmental Scientist 4 hours @ 210.00$ /hour 840.00$ Senior Engineer/Geologist/Environmental Scientist 8 hours @ 200.00$ /hour 1,600.00$ Senior Staff Engineer/Geologist/Environmental Scientist 72 hours @ 170.00$ /hour 12,240.00$ Field Vehicle 72 hours @ 15.00$ /hour 1,080.00$ Subcontractor - Traffic Control 3 days @ 3,000.00$ /location 9,000.00$ Subcontractor - Geophysical Survey 5 borings @ 1,500.00$ Well Drilling Permits (LA County) (5+ Exploratory Borings) 1 Permit @ 406.00$ /permit 406.00$ Subcontractor - Drilling and Sampling (3 borings to 75'; 2 borings to 100'; Soil Samples every 5'; Hydropunch GW samples)35,000.00$ Non-Hazardous Waste Disposal - Decon Water 4 drums @ 650.00$ /drum 2,600.00$ Non-Hazardous Waste Disposal - Soil Cuttings 1 roll-off bin @ 5,000.00$ /bin 5,000.00$ Laboratory Analysis - EPA Method 8260B/5030 + Oxygenates 30 tests @ 160.00$ /test 4,800.00$ Laboratory Analysis - EPA Method 8015M, TPH-g 30 tests @ 80.00$ /test 2,400.00$ EDD Format @ 4% 1 unit @ 4% /unit 288.00$
Field Instruments (PID) 6 days @ 150.00$ /day 900.00$ Table 1 – Breakdown of Estimated Fee
Task 1 - Project Management, Meetings and Coordination
Task 2 - Groundwater Monitoring and Reporting
Task 3 - Implementation of Delineation/Confirmation Work Plan and Reporting Lumpsum
Lumpsum
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Table 1 – Breakdown of Estimated Fee
Report Preparation
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 210.00$ /hour 420.00$ Senior Engineer/Geologist/Environmental Scientist 4 hours @ 200.00$ /hour 800.00$ Project Engineer/Geologist/Environmental Scientist 40 hours @ 185.00$ /hour 7,400.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 170.00$ /hour 680.00$ Data Processing, Technical Editing, or Reproduction 4 hours @ 75.00$ /hour 300.00$ Subtotal 87,254.00$
SVE System O&M Coordination and Demobilization
Senior Engineer/Geologist/Environmental Scientist 9 hours @ 200.00$ /hour 1,800.00$ Senior Staff Engineer/Geologist/Environmental Scientist 18 hours @ 170.00$ /hour 3,060.00$ Field Vehicle 9 hours @ 15.00$ /hour 135.00$
SVE Cat-Ox System SCAQMD Permit Renewal and Emissions Fee units @ 2,300.00$ /year -$ SVE Cat-Ox System Monthly Rental (9 months) 9 mths @ 3,650.00$ /mths 32,850.00$ SVE Unit Demobilization (subcontractor) 1 unit @ 1,500.00$ /unit 1,500.00$ Non-Hazardous Waste Disposal/Recycling - Knockout Water 4 drums @ 650.00$ /drum 2,600.00$ Weekly Monitoring SVE System (4 hrs/wk)
Senior Staff Engineer/Geologist/Environmental Scientist 144 hours @ 170.00$ /hour 24,480.00$ Field Vehicle 144 hours @ 15.00$ /hour 2,160.00$ Laboratory Analysis - EPA Method 8260/5030 + Oxygenates 18 tests @ 130.00$ /test 2,340.00$ EDD Format @ 4% 1 unit @ 4% /unit 93.60$
Field Instruments (PID, Flowrate, Pressure) 36 units @ 165.00$ /unit 5,940.00$ Remedial Progress Reports (3 included in GW Monitoring Reports) Principal Engineer/Geologist/Environmental Scientist 4 hours @ 210.00$ /hour 840.00$ Senior Engineer/Geologist/Environmental Scientist 8 hours @ 200.00$ /hour 1,600.00$ Senior Staff Engineer/Geologist/Environmental Scientist 32 hours @ 170.00$ /hour 5,440.00$ Technical Illustrator/CAD Operator 8 hours @ 110.00$ /hour 880.00$ Data Processing, Technical Editing, or Reproduction 8 hours @ 75.00$ /hour 600.00$ Subtotal 86,318.60$
Field Work
Senior Engineer/Geologist/Environmental Scientist 5 hours @ 200.00$ /hour 1,000.00$ Senior Staff Engineer/Geologist/Environmental Scientist 36 hours @ 170.00$ /hour 6,120.00$ Field Vehicle and Equipment Usage 36 hours @ 15.00$ /hour 540.00$ PID Rental 1 week @ 275.00$ /week 275.00$
Field Instruments (PID, Flowrate, Pressure) 3 units @ 165.00$ /unit 495.00$ Laboratory Analyses - EPA Method 8260/5030 + Oxygenates 2 tests @ 130.00$ /test 260.00$ EDD Format @ 4% 1 unit @ 4% /unit 10.40$
Rebound Test Report and RACR
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 210.00$ /hour 420.00$ Senior Engineer/Geologist/Environmental Scientist 8 hours @ 200.00$ /hour 1,600.00$ Project Engineer/Geologist/Environmental Scientist 40 hours @ 185.00$ /hour 7,400.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 170.00$ /hour 680.00$ Data Processing, Technical Editing, or Reproduction 4 hours @ 75.00$ /hour 300.00$ Subtotal 19,100.40$
Task 4 - Operate SVE and Treatment System and Reporting (9 months) Task 5 - Rebound Testing and RACR
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Table 1 – Breakdown of Estimated Fee
Work Plan Preparation
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 210.00$ /hour 420.00$ Senior Engineer/Geologist/Environmental Scientist 6 hours @ 200.00$ /hour 1,200.00$ Project Engineer/Geologist/Environmental Scientist 24 hours @ 185.00$ /hour 4,440.00$ Senior Staff Engineer/Geologist/Environmental Scientist 4 hours @ 170.00$ /hour 680.00$ Data Processing, Technical Editing, or Reproduction 4 hours @ 75.00$ /hour 300.00$ Decommissioning SVE System and Wells
Senior Engineer/Geologist/Environmental Scientist 4 hours @ 200.00$ /hour 800.00$ Senior Staff Engineer/Geologist/Environmental Scientist 24 hours @ 170.00$ /hour 4,080.00$ Field Vehicle 24 hours @ 15.00$ /hour 360.00$ Well Decommissioning Permits (LA County - 11 to 24 wells) 1 permit @ 825.00$ /permit 825.00$ Subcontractor - Remove Aboveground Piping, Cut and Grout Below ground Piping 1 unit @ 6,000.00$ /unit 6,000.00$ Subcontractor - Traffic Control 1 days @ 3,000.00$ /location 3,000.00$ Well Abandonment (Drilling Subcontractor) 1 unit @ 42,000.00$ /unit 42,000.00$ Non-Hazardous Waste Disposal (decon water) 2 drums @ 650.00$ /drum 1,300.00$ Non-Hazardous Waste Disposal - Soil Cuttings 1 roll-off bin @ 5,000.00$ /bin 5,000.00$ Subtotal 70,405.00$
TOTAL AMOUNT (January 2024 - December 2024) 315,340.80$ Task 6 - Decommission SVE System, Vapor Extraction and Monitoring Wells (Four vapor wells, Four Vapor Probes, and Three groundwater wells)
Ninyo & Moore | 9255 Imperial Highway, Downey, California | 209850002 | CA14 | January 5, 2024 3
Ninyo & Moore | 9255 Imperial Highway, Downey, California | 209850002 | January 5, 2024 CA14
Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist ............................................... $ 210 Senior Engineer/Geologist/Environmental Scientist ................................................................................................. $ 200 Senior Project Engineer/Geologist/Environmental Scientist ..................................................................................... $ 195 Project Engineer/Geologist/Environmental Scientist ................................................................................................ $ 185 Senior Staff Engineer/Geologist/Environmental Scientist ......................................................................................... $ 170 Staff Engineer/Geologist/Environmental Scientist .................................................................................................... $ 155 GIS Analyst ................................................................................................................................................................ $ 130 Technical Illustrator/CAD Operator ........................................................................................................................... $ 110 Field Staff
Certified Asbestos/Lead Technician ......................................................................................................................... $ 195 Field Operations Manager ......................................................................................................................................... $ 130 Nondestructive Examination Technician (UT, MT, LP)............................................................................................. $ 125 Supervisory Technician ............................................................................................................................................. $ 120 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing) .............................................. $ 115 Senior Technician ...................................................................................................................................................... $ 110 Technician ................................................................................................................................................................. $ 110 Administrative Staff
Information Specialist ................................................................................................................................................ $ 90 Geotechnical/Environmental/Laboratory Assistant ................................................................................................... $ 95 Data Processor .......................................................................................................................................................... $ 75 Other Charges
Concrete Coring Equipment (includes technician) ............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment .................................................................................................................................................. $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment ....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer) .............................................................................................................................. $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence ............................................................................................................................................ $ 70/hr PID/FID ................................................................................................................................................................ $ 25/hr Air Sampling Pump ............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony .................................................................................................................................. $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
Technicians and special inspectors, are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form.