Item No. 3.
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: JULY 28, 2026
APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH NINYO & MOORE SUBJECT: 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 July 29, 2026, for a total contract amount of $149,897;
2. Authorize the Mayor to execute the Professional Services Agreement with Ninyo & Moore in the amount of $149,897; and,
3. Authorize the City Manager, or his designee, to execute any non -substantive extensions, change orders and amendments to the agreement up to the authorized budget amount of $350,000.
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 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 (SVE) 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 LARWQCB'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.
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.
In April 2024, the environmental remediation services provided by Ninyo & Moore were extended another 12 months. Ninyo & Moore implemented a groundwater delineation work plan in June 2024, which was successful in delineating contaminants of concern in groundwater on -site and in the vicinity of the site. However, a new hotspot was identified on -site which needed to be remediated further. A new vapor extraction well was subsequently installed at this location targeting the zones with elevated concentrations based on the field measurements. In a letter dated January 13, 2025, the LARWQCB approved the connection of the new vapor extraction well to the SVE and treatment system. The connection was completed on February 18, 2025.
In June 2025, the environmental remediation services provided by Ninyo & Moore were extended for another 12 months. In July 2025, Ninyo & Moore sent a letter to the LARWQCB requesting a reduction in groundwater monitoring and sampling frequency at the Spartan Lacquer site from quarterly to semi-annually and requesting approval to conduct a rebound test of the SVE system. In December 2025, approval was received and a rebound test was subsequently conducted, which yielded results showing reductions in volatile organic compounds (VOCs) below applicable screening levels due to the soil vapor extraction remedial efforts and natural attenuation/bioremediation. Ninyo & Moore also continued weekly inspections and monitoring of the SVE and treatment system in accordance with SCAQMD requirements, monthly collection of SVE system influent and effluent vapor samples for chemical analysis and quarterly groundwater monitoring and sampling at the three existing groundwater monitoring wells.
ANALYSIS
The scope -of -services for the professional services agreement to be completed by Ninyo & Moore 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 on a quarterly basis; • Continue operation of the SVE system and treatment unit in accordance with the SCAQMD permit requirements for approximately 10 months, including the monthly collection of influent and effluent vapor samples to be analyzed by a laboratory in accordance with SCAQMD requirements, which will be used to estimate pounds of contaminants removed from the subsurface, monitoring the system, and preparation of quarterly reports, which will be combined with the groundwater monitoring reports from the previous task; • A baseline soil vapor sampling event will be conducted to assess soil vapor concentrations from samples collected from the SVE extraction wells and vapor monitoring probes. The samples will be analyzed on -site.
Once the VOC levels have decreased to an acceptable level for closure and the practical limits of soil remediation have been reached, a Remedial Action Completion Report (RACR) will be prepared summarizing the historical operation of the SVE and soil vapor concentration trends, incorporating the results of the baseline soil vapor sampling event and rebound testing and presenting a justification for site closure based on the most recent concentrations of soil vapor and groundwater at the site. • The RACR document will be submitted to the LARWQCB. Once approval of the site closure is obtained, the decommissioning of the soil vapor extraction system and soil vapor extraction and monitoring wells will occur.
CITY COUNCIL PRIORITIES
Quality of Life, Safety & Infrastructure
FISCAL IMPACT
Approval of the recommended actions will result in an expenditure of approximately $150,000 from the Water Fund (Account No. 51-1-6583) as previously approved in the FY 2026-27 Capital Improvement Budget.
Attachments
Attachment • Professional Services Agreement with Nin o & Moore.pdf
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CITY OF DOWNEY
DEPARTMENT WORKS
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(FORMER SPARTAN LACQUER AND PAINT FACILITY)
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
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 28t" day of July, 2026 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, California 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 Highway ("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 engineering 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.
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
3.1.2 Term. The term of this Agreement shall be from July 29, 2026 to July 28, 2027, 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.
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 Services 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 (CaIPERS) to be eligible for enrollment in CaIPERS as an employee of City, Consultant shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for CaIPERS 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.
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
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 Agreement. 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 personnel, 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 Employ. 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 3 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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 0 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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 coverage 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, 5 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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. With the exception of
Professional Liability, 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 may 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 the 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. With the exception of Professional Liability, 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.
0 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
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.
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 under 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.
7 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Forty -Nine Thousand Eight Hundred Ninety -Six Dollars and Ninety -Two Cents ($149,896.92) 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.
0 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
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 representative of City 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 activities 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 Aareement.
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 before 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 which 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 0 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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.
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, or at such other address as the respective parties may provide in writing for this purpose:
Consultant:
City:
Ninyo & Moore
475 Goddard, Suite 200
Irvine, California 92618
Phone: (949) 753-7070
Attn: Prasad Thimmappa, P.E., Principal Engineer
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 and 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: Licensina of Intellectual Proaerty. 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 10 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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 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, employees, 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, 11 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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 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 12 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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 for 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 herein 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 signed 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, 13 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.
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 any 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 Employ. 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 Party.
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.
14 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 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, Ninyo & Moore,
a California municipal corporation a California Corporation and charter city
Signed by:
By: By:
�v'asa�, �,iw�w�appa
Claudia M. Frometa, Mayor Prasad Thimmappa, P.E.
Principal Engineer
Attest:
Maria Alicia Duarte, CIVIC
City Clerk
Approved as to Form:
Signed by:
E
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2113120E28854FB—
John Funk, City Attorney
0119.123859
15 Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 A TEr- COMPAN
June 5, 2026
Project No. 209850002
Mr. Tim Birthisel
Principal Civil Engineer
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Subject: Amendment for Additional Environmental Remediation Services June 2026 through March 2027
Former Spartan Lacquer Facility
9255 Imperial Highway
Downey, California 90242
Dear Mr. Birthisel:
In accordance with the City of Downey's request, Ninyo & Moore is 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. Ninyo & Moore recently completed a rebound test of the soil vapor extraction (SVE) system, the results of which we believe are favorable towards applying for case closure with the Los Angeles Regional Water Quality Control Board (LARWQCB). We plan to initiate the closure process with the LARWQCB (pending their approval), based on observed asymptotic volatile organic compound (VOC) trends in soil vapor, localized groundwater impacts from our previous groundwater assessment, and other criteria established under the LARWQCB's Low Threat Closure Policy (LTCP).
Our proposed scope of services assumes pursuing a path towards closure for the site by April of 2027, based on current conditions and contaminant concentrations in soil vapor and groundwater at the site. Our estimated costs include continuation of groundwater monitoring for two quarters, operation and maintenance of the remediation system consisting of SVE and treatment system (catalytic oxidation [CatOx]) for ten additional months, a baseline soil vapor sampling event, and application for site closure.
The following scope of work outlines Ninyo & Moore's plan for additional work to remediate the site in accordance with LARWQCB requirements.
NINYO & MOORE, A SOCOTEC COMPANY
475 Goddard, Suite 200, Irvine, California 92618 1 p. 949.753.7070 1 www.ninyoandmoore.com
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 Ninyo & Moore will perform the following environmental services for the remediation of contaminated soil vapor at the site.
Task I -- t Management, Meetingsire
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 LARWQCB, 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.
Groundwater Monitoring andQuarterly 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) on a quarterly basis for the two quarters between 2026 and 2027 (June of 2026 and December of 2026).
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 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. • 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.
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 June 5, 2026
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 • 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. • Quarterly reports are due to the LARWQCB via GeoTracker upload by October 15, 2026, and April 15, 2027.
Task 3 —Operate " t t System and Reporting(10 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 10 months, and preparation of quarterly reports summarizing results including data interpretations. Our SCAQMD permit was renewed in October 2025 and is valid through October 2026, which will be renewed as needed. • 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 described in Task 2 above, for submittal to the LARWQCB.
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.
Conduct Baseline Soil Vapor Samplingand r r
This task includes conducting a baseline soil vapor sampling event and preparing a Remedial Action Completion Report (RACK) with a request for closure.
A baseline soil vapor sampling event will be conducted with approval from the LARWQCB to assess soil vapor concentrations from monitoring points including SVE extraction wells and vapor monitoring probes that are screened at multiple depths. Following the purging of a minimum of three purge volumes from each sample point, soil vapor samples will be collected in syringes and analyzed on -site by Jones Environmental Inc., a California ELAP Certified Laboratory, for VOCs and TPH as gasoline, using a mobile laboratory in accordance with EPA Method 8260B.
In consultation with City and LARWQCB 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), a RACR will be prepared that summarizes the historical operation of the SVE and the soil vapor concentration trends. In the document, a justification for site closure will be presented using most recent concentrations of soil vapor and groundwater at the site and applicability to the LTCP. The RACR will also incorporate the results of the baseline soil vapor sampling event and rebound testing.
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.
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 June 5, 2026 3
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361
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 10 months. • 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. • Prevailing wages are applicable to this project.
• Four 55-gallon drums of "knockout condensate" water and 2 drums of decontamination water from groundwater monitoring activities will be disposed of off -site as non -hazardous waste. In addition, disposal of one roll -off bin of non -hazardous soil cuttings from the decommissioning task are included.
• It is assumed that the LARWQCB will approve our request for reduction of monitoring frequency to a semi-annual basis. Groundwater monitoring will consist of two events in the 2na and 4t" quarters of 2026.
FEE AND SCHEDULE
The cost breakdown is provided on the attached Table 1, Breakdown of Estimated Fee. An anticipated schedule is provided below:
• Groundwater Monitoring and Reporting: Sampling in June of 2026 and December of 2027.
Reporting in July of 2026 and January of 2027.
• SVE system operation: Ten Months starting June 1, 2026 through March 31, 2027. • Baseline Soil Sampling Event: August 2026 (tent.).
• Prepare RACK: September -October 2026.
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
tennis Fee, PE W
Senior Engineer
KC/DWF/PT/co
Attachments: Table 1 — Breakdown of Estimated Fee
Schedule of Fees
cc: Mr. Edwin Norris, City of Downey
all LEAL--
Prasad Thimmappa, PE
Principal Engineer
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 June 5, 2026 4
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 Project Management
Principal Engineer/Geologist/Environmental Scientist
Senior Project Engineer/Geologist/Environmental Scientist RWQCB (2) and City (2) Meetings
Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Data Processing, Technical Editing, or Reproduction
Field Vehicle
Groundwater Monitoring Fieldwork (2 Events)
Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Field Vehicle and Equipment Usage
Low Flow Pump, Controller, Water Quality Meter Rental
Sampling Supplies (tubing, bladders)
Non -Hazardous Waste Disposal/Recycling - Decon Water
Laboratory Analyses - EPA Method 8260/5030 + Oxygenates Laboratory Analyses - EPA Method 8015M, TPHg
EDF Format
Groundwater Monitoring Reports (2)
Principal Engineer/Geologist/Environmental Scientist
Senior Project Engineer/Geologist/Environmental Scientist Senior Staff Engineer/Geologist/Environmental Scientist Technical Illustrator/CAD Operator
Data Processing, Technical Editing, or Reproduction
SVE System O&M Coordination and Demobilization
Senior Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Field Vehicle
SVE Cat-Ox System SCAQMD Permit Renewal and Emissions Fees SVE Cat-Ox System Monthly Rental (10 months)
SVE Unit Demobilization (subcontractor)
Non -Hazardous Waste Disposal/Recycling - Knockout Water Weekly Monitoring SVE System (4 hrs/wk)
Senior Staff Engineer/Geologist/Environmental Scientist Field Vehicle
Laboratory Analysis - EPA Method 8260/5030 + Oxygenates EDD Format @ 4%
PID/FID
Level D PPE
Field Supplies
16 hours
@
$
210.00
/hour
$
3,360.00
20 hours
@
$
195.00
/hour
$
3,900.00
8 hours
@
$
210.00
/hour
$
1,680.00
8 hours
@
$
200.00
/hour
$
1,600.00
8 hours
@
$
75.00 /hour
$
600.00
8 hours
@
$
15.00 /hour
$
120.00
2 hours
@
$
195.00
/hour
$
390.00
20 hours
@
$
170.00
/hour
$
3,400.00
20 hours
@
$
15.00 /hour
$
300.00
2 days
@
$
400.00
/day
$
800.00
2 events @
$
350.00
/event
$
700.00
2 drums
@
$
650.00
/drum
$
1,300.00
12 tests
@
$
160.00
/test
$
1,920.00
12 tests
@
$
80.00 /test
$
960.00
2 units
@
4%
/unit
$
115.20
4 hours
@
$
210.00
/hour
$
840.00
6 hours
@
$
195.00
/hour
$
1,170.00
16 hours
@
$
170.00
/hour
$
2,720.00
4 hours
@
$
110.00
/hour
$
440.00
4 hours
@
$
75.00 /hour
$
300.00
10 hours
@
$
200.00
/hour
$
2,000.00
20 hours
@
$
170.00
/hour
$
3,400.00
10 hours
@
$
15.00 /hour
$
150.00
1 units
@
$
2,300.00
/year
$
2,300.00
10 mths
@
$
3,650.00
/mths
$
36,500.00
1 unit
@
$
1,500.00
/unit
$
1,500.00
4 drums
@
$
650.00
/drum
$
2,600.00
176 hours
@
$
170.00
/hour
$
29,920.00
176 hours
@
$
15.00 /hour
$
2,640.00
20 tests
@
$
130.00
/test
$
2,600.00
1 unit
@
4%
/unit
$
104.00
44 days
@
$
165.00
/day
$
7,260.00
44 days
@
$
30.00 /day
$
1,320.00
44 days
@
$
50.00 /day
$
2,200.00
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 CA14 I June 5, 2026 1
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 Remedial Progress Reports (4 included in GW Monitoring Reports) Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Technical Illustrator/CAD Operator
Data Processing, Technical Editing, or Reproduction
Field Work
Senior Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Field Vehicle and Equipment Usage
PID/FID
Level D PPE
Field Supplies
Mobile Laboratory Daily Rate and Analysis
EDD Format @ 4%
Baseline Soil Vapor Sampling Report and RACR
Principal Engineer/Geologist/Environmental Scientist
Senior Engineer/Geologist/Environmental Scientist
Project Engineer/Geologist/Environmental Scientist
Senior Staff Engineer/Geologist/Environmental Scientist Data Processing, Technical Editing, or Reproduction
8 hours
@
$
210.00
/hour
$
1,680.00
12 hours
@
$
200.00
/hour
$
2,400.00
40 hours
@
$
170.00
/hour
$
6,800.00
8 hours
@
$
110.00
/hour
$
880.00
8 hours
@
$
75.00 /hour
$
600.00
1 hour
@
$
200.00
/hour
$
200.00
10 hours
@
$
170.00
/hour
$
1,700.00
10 hours
@
$
15.00 /hour
$
150.00
1 day
@
$
165.00
/day
$
165.00
1 day
@
$
30.00 /day
$
30.00 1 day
@
$
50.00 /day
$
50.00 1 day
@
$
5,368.00
/day
$
5,368.00
1 unit
@
4%
/unit
$
214.72
2 hours
@
$
210.00
/hour
$
420.00
8 hours
@
$
200.00
/hour
$
1,600.00
30 hours
@
$
185.00
/hour
$
5,550.00
4 hours
@
$
170.00
/hour
$
680.00
4 hours
@
$
75.00 /hour
$
300.00
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 CA14 I June 5, 2026 2
Docusign Envelope ID: 14867CA7-7421-8869-8004-BDF962BAD361 Principal Engineer/GeologisUEnvironmental 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/GeologisUEnvironmental Scientist
$ 155
GIS Analyst _
$ 130
Technical Illustrator/CAD Operator
$ 110
Field to
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
Information Specialist
$ 90
Geotechnical/Environmental/Laboratory Assistant
$ 95
Data Processor
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.
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.
NINYO & MOORE, A SOCOTEC COMPANY
9255 Imperial Highway, Downey, California 1 209850002 1 June 5, 2026