Attachment A
Amendment No. 1 to the Consultant/Professional Services Provider Agreement with Ninyo & Moore Geotechnical and
Environmental Sciences Consultants
Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical & Environmental Sciences Consultants/Project ESC25-026/Amendment 1
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AMENDMENT NUMBER: ONE
TO
CONSULTANT/PROFESSIONAL SERVICES PROVIDER AGREEMENT
BY AND BETWEEN
CITY OF VICTORVILLE, A MUNICIPAL CORPORATION,
AS SUCCESSOR TO THE HOUSING ASSETS
OF THE VICTORVILLE REDEVELOPMENT AGENCY
AND
NINYO & MOORE GEOTECHNICAL AND
ENVIRONMENTAL SCIENCES CONSULTANTS
FOR
ENVIRONMENTAL CONSULTING SERVICES OF
FORMER NUWAY DRY CLEANERS’ PROPERTY,
PROJECT ESC25-026
THI
S AMENDMENT (the “Amendment”) is made and entered into this ____ day of _______, 2025, by and between The City of Victorville, a municipal corporation, on its own behalf and in its capacity as the Successor to the Housing Assets of the Victorville Redevelopment Agency, a California redevelopment agency, located in the County of San Bernardino, State of California, hereinafter referred to as the “City”, and Ninyo & Moore Geotechnical & Environmental Sciences Consultants, a design firm located in the State of California, hereinafter referred to as “Consultant.” City and Consultant are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” Reci
tals
1. WHEREAS, th e City has a Consultant/Pr ofessional Services Provider Agreement (hereinafter referred to as the “Or iginal Agreement” ) with the Consultant to provide Environmental Consulting Services related to the f ormer NuWay Dry Cleaners Property; and
2. WHEREAS, it is the desire of the Parties to issue Amendm ent One (1) to the Original Agreement to increase Section 3., Compensation, revising the total cumulative sum from $66,000.00 to $252,494.31; Section 4., Proposal to include additional services; and
3. NOW THEREFORE, in cons ideration of the covenants, conditions, and pr omises contained herein and for s uch other good and valuable consideration, r eceipt of which is hereby acknowledged, the Parties are willing to amend the Original Agreem ent as stated below.
Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical & Environmental Sciences Consultants/Project ESC25-026/Amendment 1
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Contract Amendment
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ection 3. – COMPENSATION – is amended as follows:
“
The City shall pay to Consultant a sum not to exceed Two Hundred Fifty -two Thousand Four Hundred Ninety -four and 31/100 dollars ($ 252,494.31) for faithful performance of the services to be rendered under this Agreement, subject to the Fee Schedule provisions of Section 4, below.”
S
ection 4. – PROPOSAL – is amended as follows:
“
The City shall pay Consultant for those additional services set forth in Consultant’s Proposal dated December 4, 2024, attached hereto as Exhibit A, Amendment 1, and hereby incorporated as part of this agreement by this reference.” E
xcept as amended herei n, t he terms and conditions of the O riginal Agreement and all previous amendments remain in full force and effect.
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SIGNATURES ON NEXT PAGE)
Consultant/Professional Services Provider Agreement/Ninyo & Moore Geotechnical & Environmental Sciences Consultants/Project ESC25-026/Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused the A mendment to the Original Agreement to be entered as of the dates written below.
PARTY OF THE FIRST PART PARTY OF THE SECOND PART
CITY OF VICTORVILLE, A MUNICIPAL NINYO & MOORE GEOTECHNICAL
CORPORATION, AS SUCCESSOR TO ENVIRONMENTAL SCIENCES, THE
HOUSING ASSETS OF THE CONSULTANTS
VICTORVILLE REDEVELOPMENT AGENCY
By: ______________________________ By: ____________________________ Elizabeth Becerra, Prasad Thimmappa, PE, QSD,
Mayor Principal Engineer
Dated: ____________________________ Dated: _________________________
By: ______________________________
Jennifer Thompson,
City Clerk
Dated: ___________________________
By: ______________________________
Sandra Bostick,
Risk Manager
Dated: ___________________________
APPROVED AS TO STANDARD FORM:
By: ______________________________
Andre de Bortnowsky,
City Attorney
Dated: ___________________________
475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com December 4, 2024
Project No. 208008006
Mr. Keith Metzler
City Manager
City of Victorville
18374 Phantom West
Victorville, California 92394
Subject: Amendment for Environmental Consulting Services Former NuWay Dry Cleaners Property
15595 8
th Street
Victorville, California 92392
Dear Mr. Metzler:
In accordance with your request, we are pleased to submit this amendment to the City of Victorville, (City) to continue providing Environmental Consulting Services related to the former NuWay Dry Cleaners Property, 15595 8 th Street in Victorville, California. Our proposed scope of services will include assisting the City with remedial activities related to the NuWay property for a duration of approximately nine (9) months (October 2024 to June 2025) while the City is awaiting processing/approval of the new grant application. Our scope of services will include project management, continuing operation of the Soil Vapor Extraction (SVE) system, including replacement of a faulty blower, conducting three (3) groundwater monitoring and sampling events, and preparation of two (3) quarterly Groundwater Monitoring and SVE progress reports.
SCOPE OF SERVICES
A brief description of the major tasks that Ninyo & Moore will be performing are provided below.
Task 1 - Project Management
Ninyo & Moore will provide project coordination, attend meetings with City representatives, and Lahontan Regional Water Board staff as necessary, provide correspondence and updates as necessary related to project scope, schedule and budget, and submit monthly invoices in accordance with the City’s requirements.
Task 2 – SVE System Operation and Maintenance (9 Months) Ninyo & Moore will monitor the SVE system once a week in accordance with the requirements of the Mohave Desert Air Quality Management District (MDAQMD) permit. In accordance with the permit, influent and effluent vapor samples will be collected monthly and analyzed for VOCs by an analytical EXHIBIT A, AMENDMENT 1, COST PROPOSAL, PROJECT ESC5-026 Ninyo & Moore | Former NuWay Dry Cleaners, Victorville, California | 208008006 | December 4, 2024 2 laboratory
. These samples will be used to estimate pounds of contaminants removed from the subsurface.
In addition, Ninyo & Moore will coordinate with t he SVE unit vendor to replace a faulty blower and perform periodic maintenance on the system.
Task 3 –Quarterly Groundwater Moni toring and Sampling (3 Events, 10 Wells)
Ninyo & Moore will perform groundwater monitoring and sampling of ten (10) existing monitoring wells at the site. This event will be performed in December 2024 and March and June of 2025. The following procedures will be followed.
Ninyo & Moore will collect static water level measurements followed by purging and sampling of wells using low flow techniques. Groundwater samples will be collected in appropriate sample containers for volatile organic compound (VOC) analysis (full scan, including fuel oxyg enates by
United States Environ
mental Protection Agency (EPA) Method 8260B. Field water quality parameters
will be collected including potassium permanganate concentrations, prior to sample collection using field instruments. In addition, selected groundwater samples will be analyzed for various parameters requested in the Waste Discharge Requirements as part of the in-situ chemical oxidation (ISCO) remedial injection. 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 total petroleum hydrocarbons as gasoline by EPA Methods 8260B and 8015M.
Development water and purge water will be stored in Department of Transportatio n-approved 55-gallon dr
ums pending proper disposal. Disposal of two drums of non-hazardous waste is included.
Task 4 – Quarterly Groundwater and SVE Progress Report Preparation Following receipt of analytical data, a groundwater monitoring report will be prepared. The quarterly report will include a description of field and laboratory protocols, a summary of analytical data, a sitewide groundwater contour map, iso-concentra tion plume maps for major contaminants of concern, and conclusions and recommendations. In addition, the report will include data tables related to the ISCO WDR sampling requirement s. The SVE progress report portion will include the weekly O&M data, analytical laboratory results of influent and effluent samples to document compliance with MDAQMD permit requirement, and calculations of pounds of chemicals removed.
Ninyo & Moore will submit draft quarterly reports to the City for review. Following approval by the City, comments will be incorporated and the report will be finalized and the monitoring report will be EXHIBIT A, AMENDMENT 1, COST PROPOSAL, PROJECT ESC25-026 Ninyo & Moore | Former NuWay Dry Cleaners, Victorville, California | 208008006 | December 4, 2024 3 uploaded to GeoTracker
. These reports will be submitted by January 31, and April 30 and June 30, 2025.
Ninyo and Moore will include a technical memorandum providing justification and request revision of the groundwater monitoring frequency from quarterly to semi-annual in the January 2025 Groundwater Monitoring and SVE Progress report submission to the Water Board.
SCHEDULE
The subject tasks will be performed by Ninyo & Moore between October 1, 2024 through June 30, 2025.
BUDGET
The following table provides a list of the tasks and associated budget for the remediation activities proposed for the treatment of PCE-impacted soil and groundwater at the site.
Task Description Budget
1 Project Management $ 9,000
2 SVE System O&M (9 months including blower replacement) $74,000 3 Groundwater Monitoring and Sampling (3 events, 10 wells) $80,000 4 Quarterly GW and SVE Progress Reports (3) (including Tech Memo) $ 17,000 Contingency (10%) $18,000
ESTIMATED TOTAL COST $198,000
We appreciate the opportunity and look forward to continue working with the City on this project.
If
you have any questions, please contact the undersigned at your convenience.
Respectfully submitted,
NINYO & MOORE
Prasad Thimmappa, PE, QSD
Principal Engineer
PT/
**Proposal reduced by $5,505.69 for previosly paid October 2024 invoice: $192,494.31 **
EXHIBIT A, AMENDMENT 1, COST PROPOSAL, PROJECT ESC25-026