March 17, 2026
Public Works
DATE: March 17, 2026
TO: Mayor Martinez and Members of the City Council
FROM:
Daniel Chavarria, PE, Director of Public Works
Robert Armijo, PE, Deputy Director of Public Works / City Engineer
Darcie DeLashmutt, Capital Project Manager
Subject:
Contract with Ninyo & Moore for Boorman Park Site
Remediation Oversight
FINANCIAL IMPACT: The proposed $292,700 expenditure is included within the approved fiscal year 2025-2026 General Capital -
Boorman Park Site Remediation Project budget (Account
String: 20136031-400708-23030).
PREVIOUS COUNCIL
ACTION:
June 4, 2024
July 11, 2023
April 16, 2024
STATEMENT OF THE
ISSUE:
The Department of Toxic Substances Control (DTSC)
requires continued environmental oversight, monitoring, and regulatory reporting to complete remediation and
achieve final closure of the Boorman Park Site
Remediation Project. The City’s existing on-call
authorization with Ninyo & Moore, the environmental
consultant of record, does not have sufficient authorized funds remaining to cover the full scope of DTSC-required services through project completion, necessitating City Council approval of a sole source contract.
RECOMMENDED ACTION:
ADOPT a resolution to APPROVE a sole-source contract
with Ninyo & Moore, in an amount not to exceed
$292,700, for environmental oversight, monitoring, and
reporting services for the Boorman Park Site
Remediation Project through regulatory closure - Public AGENDA
REPORT
March 17, 2026
Works Department (Darcie DeLashmutt 510-672-
3944/Robert Armijo 510-620-5477).
DISCUSSION:
Boorman Park, located at 25th Street and Maine Avenue, has a long history of industrial use that resulted in soil contamination requiring remediation under the oversight of the California Department of Toxic Substances Control (DTSC) (Attachment 1). The City has completed 98 percent of the site remediation funded through a combination of State Proposition 68 grant funds and City General Funds, and the project remains subject to DTSC regulatory requirements prior to achieving final closure.
On June 25, 2024, the City entered into a Task Order under its on-call professional services agreement with Ninyo & Moore to provide technical environmental oversight during implementation of the Remedial Action Plan (RAP) and Remedial Design and Implementation Plan (RDIP) for the Boorman Park Site Remediation Project (Capital Improvement Project No. 23030). These plans define the cleanup methods, monitoring requirements, confirmation sampling protocols, and documentation necessary to demonstrate compliance with DTSC standard.
The project entered active remediation construction in the Spring 2025, with Ninyo & Moore providing on-site oversight and air/soil monitoring. Site-specific conditions and DTSC direction resulted in an increased duration of oversight, monitoring, sampling, and reporting than originally anticipated under the existing on-call Task Order. As the remediation continued, the level of oversight required by DTSC exceeded the original on-call contract authorization. These additional requirements are necessary to ensure compliance with the approved RAP and RDIP and to support DTSC’s regulatory closure process.
As a result, Ninyo & Moore submitted the proposed contract, dated January 28, 2026, identifying additional services required to complete remediation activities and satisfy DTSC documentation and closure requirements (Attachment 2). The scope of work is a continuation of past services and includes, but is not limited to:
Construction Administration Phase, which was not in the original contract. Ongoing field oversight and dust/air monitoring (approx. 35 field days) Confirmation soil sampling and laboratory analysis of metals, VOCs, SVOCs, TPH, and dioxins/furans
Preparation of DTSC-required reports:
i. Periodic documentation reports
ii. Remedial Action Completion Report
iii. Operations & Maintenance Plan
iv. Post-Remediation Work Plan for long-term monitoring
March 17, 2026
The City’s existing on-call agreement with Ninyo & Moore does not have sufficient remaining authorized funds to cover the full scope of DTSC-required services through project completion, necessitating City Council approval of a sole source agreement.
Given the advanced stage of remediation and the need for uninterrupted regulatory oversight, City staff evaluated available procurement options and determined that transitioning to a new consultant at this stage would create inefficiencies, delay project completion, and increase the risk of non-compliance. Ninyo & Moore serves as the environmental consultant and engineer of record and possesses unique, site-specific knowledge of the remedial design, historical sampling data, DTSC coordination history, and construction-phase conditions. Because of this specialized expertise and continuity of oversight, Ninyo & Moore is uniquely qualified to continue these services, and approval of a sole-source contract is warranted (Attachment 3).
City staff recommend that City Council adopt a resolution approving a sole source contract with Ninyo & Moore, in an amount not to exceed $292,700.00, to complete the remaining DTSC-required scope of work and achieve regulatory closure for the site (Attachment 4). The services authorized under this contract are required to complete the remediation in compliance with applicable state and federal environmental laws and to ensure long-term protection of public health and safety. Funding for this work is available within the approved Boorman Park Site Remediation Project budget.
DOCUMENTS ATTACHED:
Attachment 1 – Project Location
Attachment 2 – Proposed Contract
Attachment 3 – Sole Source Justification
Attachment 4 – Resolution Approving Sole Source Contract with Ninyo & Moore for Boorman Park Site Remediation Oversight