HomeMy WebLinkAbout07. CIP17-01-Apprv PSAs w-Ninyo Moore & Stearns, Conrad & Schmidt-Environmental Remediation Svc-9255 ImperialCAPITAL IMPROVEMENT PROJECT NO. 17-01
ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HIGHWAY
OCTOBER 13, 2020
PAGE #2
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In order to satisfy the remediation requirements of LARWQCB, the following activities need to
• for continued • remediation at the subject site:
Maintain a SCAQMD "Site Specific" permit to operate vapor extraction system
Continued operation of soil vapor extraction systems (Catalytic Oxidation System)
reach asymptotic levels
Continued groundwater monitoring to document that contaminant concentrations ha
decreased or show a decreasing trend
Submission of quarterly technical reports to LARWQCB
Submission of workplan for vertical and lateral delineation of groundwater impacts
LARWQCB for approval. May need additional confirmation sampling to demonstra
that the groundwater plume was delineated.
Conduct Rebound •
Decommission Soil Vapor Extraction System and Monitoring Wells
Risk assessment analysis
Potential Deed Restrictions documenting future land uses
CAPITAL IMPROVEMENT PROJECT NO. 17-01
ENVIRONMENTAL REMEDIATION SERVICES AT 9255 IMPERIAL HIGHWAY
OCTOBER 13,2020
PAGE #3
In an effort to continue the environmental remediation services at the subject site, additional
services of Ninyo & Moore and SCS Engineers are necessary. The attached professional
services agreements with Ninyo & Moore and SCS Engineers will authorize resumption of the
required site soil remediation environmental services per LARWQCB requirements. Although at
this time, it is not known when the site soil remediation will no longer be needed, staff plans to
monitor the site activities closely and meet with the LARWQCB in six months to re-evaluate the
need for continued soil remediation activities.
Staff recommends approval of the attached professional services agreements with Ninyo &
Moore and SCS Engineers for continued soil remediation activities.
Quality of Life, Infrastructure & Parks
The total estimated cost for the continued environmental remediation activities is $400,000,
broken down as follows:
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•I Mo Funding Source•
• Water funds
•Water funds
Total Proi,
ATTACHMENT
Attachment A — Location Map
Attachment B — Ninyo & Moore Professional Services Agreement
Attachment C — SCS Engineers Professional Services Agreement
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MUMS
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT WITH
vIvY0 &
This Agreement is made and entered into this 13 day of QcWber, 20 20 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 Geotechnical and Environmental Sciences Consultants, 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.
Consultant desires to perform and assume responsibility for the provision of certain
professional environmental remediation services required by City on the terms and conditio
set forth in this Agreement. Consultant represents that it has demonstrated competence an
experience in providing environmental remediation services to public clients, is licensed in t
State of California, and is familiar with the plans of City. I
KWINEra7olr--m
City desires to engage Consultant to render such services for the environmental
remediation services at the City property located at 9255 Imperial Highway, Downey, CA
90242 ("Project") as set forth in this Agreement.
M•�
General Scopgof Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
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.
3.1.2 Term. The term of this Agreement shall be from January 1, 2020 to
11 c(
December 31, 2021, unless earlier terminated as provided herein. Consultant shal omp le
the Services within the term of this Agreement, and shall meet any other established I
4•s MIS 6 1'• I lifft= ,•I
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 Regull •. 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 Re_q�Jtqm6gLs. 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:
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,
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
revisionsexcess, 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
later •
(B) Waiver • Subrogatiof onsultant herebygrants to City
a waiver of any right to subrogation which any insurer of said Consultant may acquire against
the City • :virtue ofthepayment •+anyloss • ` . •insurancepolicies 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 Coveragts. 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
` and isany failuretocomplywith reporting or other provisions ofthe• •
including breaches ofwarranties, shall not affect coverageprovided tothe City, itsdirectors,
officials, officers, employees, agents and volunteers.
Cover.! For `• to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least asbroad ISO CG as0 01 04 13 with respecttothe City, itsdirectors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
.'.. '-fl • _ •,': is • •I _.. _ •,..:• __.. gents andvolunteers shl
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3.2.10.6 'SegarationofInsureds:RI • Speci2l LiMitations.
...:
named
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 protecti
afforded to the City, its directors officials, officers, employees, agents and volunteers.
deductibles or self -insured retentions must be declared to and approved by the City. City m
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 insured or
is &gepLabilL"surers. Insurance to be placed
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
•satisfactoryto the City.
0
3.2.10.9 'Verification • Coverage. • 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 • • 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 provid,t
coverage on a claims -made •.
(A) The retroactive •. must • •: and must • befort-
12�s
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
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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 • 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 • 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 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 • lawfully required to prevent accidents •: injuries; and (C) adequate facilities for
the proper inspection and maintenance of all safety measures.
3.3.1 Comppnsatbm 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
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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.
3.5.1 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 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
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.
0
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:
77mf�Tif
20
Ninyo & Moore
Geotechnical and Environmental Sciences Consultants
475 Goddard, Suite 200
Irvine, California 92618
Phone: (949) 753-7070
Fax: (949) 753-7071
Attn: Anthony Lizzi, P.G., C.H.G., Principal Geologist
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7102
Fax, (562) 904-7296
Attn: Delfino R. Consunji, P. E., Director of Public Works
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.
3.5.3.1 Documents &, DataLicensing of Intellectual Pro!:!Y. 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
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_191ne • nii Men
the purposes intended • this Agreement shall •- at City's sole risk.
Confidentiali!y. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, writter
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
• radio production •: • similar medium without the prior written consent of City.
3.5.5 Attorngy'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 Indemniftation, Except as provided in subdivisio
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (wi
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 actio
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 • willful misconduct • • its officials, officers, employees,
agents, •: and contractors arising •....I • or in connection with the performance •:,
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 I
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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 La . This Agreement shall •' governed • the laws • 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
this Agreement. i
3.5.10 Cit 's Right to,Employ-Other Consultants. City reserves right to employ
tther consultants in connection with this Project.
3.5.11 Successots� and Assions. This Agreement shall be binding on tha
successors and assigns of the parties.
3.5.12 Assignment or Transfer 41either 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, •• • transferees shall acquire no right • interest by reason •.
such attempted assignment, hypothecation or transfer.
All references to City include its elected officials, officers, employees, agents and voluntee
except as otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease • reference only, and do •': define, limit,
augment, or describe the scope, content, or intent of this Agreement.
OJIlLoillp 111] 0 1 la'aill 1 0 - 1 0 0 1 - 61.0"One 1110 - I -
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privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
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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;;Severabilt. 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.
3.5.22 Counter2aft. This Agreement may be executed in counterparts, each of
wticW sWall coistitLite o-te a -id tWe sique iistrument.
3.5.23 Effect of Conflict.
14
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.
3.6.1 Prior Ar•)r)roVal Reguired. Consultant shall not subcontract any portion
the I
work required by —this Agreement, except as expressly stated herein, without prior writte
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 ensu
I
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, NIO & MOORE GEOTECHNICAL AND
a California municipal corporation ENVIRONMENTAL SCIENCES CONSULTANTS,
and charter city a California corporation
By: By:
Blanca Pacheco, Mayor Anthony Lizzi, P(9, CIT(j,(V-
Principal Geologist
FAT . J=J
Rim iCity Clerk
Approved as to Form,*
T'�te M. Abich Garcia,
Attorney
1#1111PAPAI-1-M
IN
* 0
17Y0&*uure
Gootechnical & Environmental Sciences Consultants
September 18.2O2U
Project No. 2OSB5OOQ2
Mr. DeoGutierrez, PE
Principal Civil Engineer
City ofDowney
11111 Brookshire Avenue
Downey, California SO241
Subject: Proposal for Additional Environmental RenlediadinnServices
January 1.2U2Othrough December 31.2O21
Former Spartan Lacquer Facility
9255Imperial Highway
Downey, California 8O242
Dear Mr. Gutierrez:
In accordance with your request, we are pleased to submit this proposal bothe City ofDowney,
Department ofPublic Works (City) to continue Environmental Rennedia#on 8en/iome atthe former
Spartan Lacquer Facility, 9255 Imperial Highway in Downey. California. Our proposed scope of
services and estimated om*tm will include continuation of groundwater nnon|1Vring, continuation of
operation of the rannadie#on system consisting of am|| vapor extraction (SVE) and tnao1nnent
systems (catalytic oxidation [CatOx] for approximately 18 additional months, and costs for rebound
testing and decommissioning of the GVE system (o), and abandonment of the existing vapor wells
and groundwater monitoring wells.
On May 14, 2019. K8c Praead Thinnmnoppo. PE ofNinyo & Moore attended m meeting with K8c Btcu
/4xe|o and K8c Joseph Canaoon 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 RVVQCB 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 onm|te.for atotal offive confirmation borings.
�
NinVo & Moore previously provided estimates to conduct e source test for the SVE treatment unit
per the South Coast Air C)ue|in/ Management District's site -specific pern1it, preparation of a work
plan for vertical and horizontal delineation of the groundwater innpaoto, implementation of the vvodx
plan and reporting, including decommissioning of the new wells. These items are not included in
the scope of services described below.
This following scope of work outlines Ninyo & Moore's plan for additional work to remediate the site
inaccordance with RVVQCBrequirements.
Ninyo& Moore will perform the following environmental services for monitoring the groundwater
quality and the remediation of contaminated soil vapor at the site in accordance with the previous
environmental and remediationservices contract with the City of Downey.
This task includes the nnanegenment, coordina1ion, 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 cDnnnnuniC@1iOn with the Cib/'S representatives throughout the duration of the project
and participate in quarterly progress meetings (4 meetings) at the City offices.
� Attend meetings (2 meetings) with City and its representatives, and the RWQCB at their offices
to review the project and determine next steps to reach site o|oauna.
* Coordinate preparation ofproject doounnento.mndeQenoyoppnoxa|avvi1htheCitu
� Upload data and reports mnbehalf ofthe City toGeoTreokec
This task includes performing groundwater monitoring ofthe three existing on+edemxeUe. sampling
and analysis, and reporting.
* Perform groundwater monitoring of the three on -site vveAa (K8\8-4. MVV-5. and K8VV-6). Prior to
monitoring/sampling of the wells, the RWQCB will be notified.
� Collect static water level measurements followed bypurging and sampling ofwells using low
flow techniques. Groundwater samples will be collected in appropriate sample containers for
vm|sd||a organic compound (yOC) analysis (full scan, including fuel oxygenates by United
Stated Environmental Protection Agency (EFV\) Method 8260B and for Total petroleum
hydrocarbons as gasoline (TPHQ) by EPA Method 8015yW). 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 Gem1raoher.
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020
0 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.
Purged water will be stored in 55-gallon drums pending proper disposal. Disposal of two drums
of non -hazardous waste is included.
0; 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, isoconcentration plume maps for major
contaminants, and conclusions and recommendations. Level 11 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
0 This task has been completed.
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This task includes the preparation of a workplan to delineate the horizontal and vertical impacts
to groundwater at the site and site vicinity as discussed during the May 14, 2019 meeting. The
workplan will be submitted to the City for approval before submitting it to the RWQCB. This task
is not included.
rJTMr'Tr_JFTff' "I
infra�tructure, including headers and extraction wells.
We will monitor the SVE system(s) 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 I Former Spartan Lacquer Facility, Downey, California 12098500021 September 10, 2020
0 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.
� 2separate SVE reports and 4SVE reports combined with the quarterly groundwater reports
are included.
system. This task was included in the original proposal. Updated costs are included here.
� In consultation with City and RVVQCB personnel, once the concentrations of\/CuCs have
decreased to an acceptable level for doaun* and the preoUoe| |innds of soil nenlediation using
8yE have been reached (|.e., achieved asymptotic conditiona). SVE will he generally
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 nnininnunn of
weeks. During the rebound teet, field instrument readings will be nmUen1ed for the same
parameters listed in Task 5 above, as follows:
o within fifteen (15)minutes mfrestart;
o a1hourly intervals thereafter for e{least three CBhours;
o atdaily intervals thereafter for etleast four (4)days, and;
o weekly thereafter for etleast three (3)additional weeks.
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
recommendations. The draft report will be submitted to the City for review.
Task 7 — Decommission SVE System, Vapor Extraction and Monitoring
Wells
This task was included in the original proposal. Updated costs are included.
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020 4
• The SVE treatment unit will be disconnected from the PVC header system.
• The treatment system vendor will remove the skid mounted SVE unit(s) from the site.
• Belowground 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 the City authorizes
removal, in which case, it will be performed at additional cost, with the City's approval.
• At the conclusion of the project after receiving approval from the RWQCB, Ninyo & Moore will
abandon existing vapor extraction and ground water monitoring wells 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 removing the top 5 feet of
each well. Derived waste will be containerized in DOT -approved 55-gallon drums and hauled
off site for disposal.
will Ip
1;11 lh�l 11 1 1 11 . , . ; qrz�
• Provide timely agency notifications prior to performing fieldwork
• Perform fieldwork in accordance with regulatory agency guidelines and industry standards
• Prepare required submittal documents (reports, permits, memorandums, etc.) within the time
constraints of the agency or regulations
• Project communication initiated by the RWQCB with Ninyo & Moore will be communicated to
the City before any action is taken.
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 18 months, including
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.
Six 55-gallon drums of "knockout" water and two drums of decontamination water from
groundwater monitoring activities will be disposed of off site as non -hazardous waste.
The SVE systems will operate for a total of 18 months, including time on site while the system
is shut down for rebound testing.
Costs for repair/replacement of SVE system components is included if breakdown occurs
during the 18-month period. Two site visits by the SVE system vendor for troubleshooting .:::-
•' •
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020
-W ;1:14F-11011 11424r
The cost breakdown is provided on the attached Table 1, Breakdown of Estimated Fee. Our
proposed schedule for this project may be extended depending on the implementation of these
changes and the required duration for cleanup of the site.
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
Senior Engineer
PT/AJL/
Attachments: Table 1 — Breakdown of Fee
Distribution: (1) Addressee (via e-mail)
(1) Mr. Julio Nuno, SCS Engineers (via e-mail)
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020
Project Management
Principal Engineer8Geologist/En%Anunmmrda|Scientist
Senior Engineer/0eo|ugist/Environmente| Scientist
Project Engineer/Qeo|ogioVEnvinonmente|Scientist
Senior Staff Enginemr/Geu|ogimVEnminonmento|Scientist
Staff Engineer/Geo|ogiot/Environmente|Scientist
$
1::4
R0MQCB(2)and City WUMeetings
Principal Engineer/Geo|ogieUEnvnonmerde|Scientist 10 hours @ $ 178.00 /hour $ 1.780.00
Senior Engineer/Qeo|ogiebEnvinonmento|Scientist 24 hours @ $ 168.00 /hour $ 4.032.00
Data Processing, Technical Editing, or Reproduction 24 hours @ $ 68.00 /hour $ 1.832.00
,
Groundwater Monitoring Fieldwork (4 Events)
Senior Engineer/GeulogisbEnvinonmenta|Scientist
Staff Engineer/{&eo|ogisbEnvirenmerde|Scientist
Field Vehicle and Equipment Usage
Low Flow Pump, ControUer, Water Quality Meter Rental
Sampling Supplies (tubing. bladders)
Water Disposal (2drums, assumed nonhazardous)
Laboratory Analyses ' EPA Method 838O/5U3O+
Oxygenates
Laboratory Analyses ' EPA Method 8016M. TPHg
EOF Format
Groundwater Monitoring Reports (4)
Principal EngineerxGeologist/En,.ironmenta|Scientist
Senior Engineer/Geo|ogist/Envirnnmenta|Scientist
Senior Staff Engineer/Geo|ugist/Environmento| Scientist
Technical Illustrator/CAD Operator
Data ProoesoinQ, Technical Editing. or Reproduction
This task has been comoleted
4hours
@
$
168.00
/hour
$
672.00
40 hour
@
$
126.00
/hour
$
5.040.00
40 hour
@
$
12.00
/hour
$
480.00
4doya
@
$
230.00
/dey
$
020.00
4events
@
$
285.00
/even1
$
1.140.00
2eaoh
@
$
385.00
/each
$
770.00
24 tests
@
/teot
$
2.040.00
$
85.00
24 tests
@
$
50.00
/teot
$
1.200.00
1 unit
@
496/unit
$
110.40
4 hours
@
$
178.00
/hour
$
712.00
8 hours
@
$
168.00
/hour
$
1.344.08
32 hours
@
$
142.00
/hour
$
4.544.00
10 hours
@
$
82.00
/hour
$
920.00
8houre
@
$
68.00
/hour
$
544.00
Field Vehicle and EquipmentUsage
20houm @
$ 12.00 /hour
$
240l00
Field Pressure)
4 units @
$ 120.00 /unit
$
480.00
^
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 12098500021 September 10, 2020
Senior Engineer/Geologist/Emvirnnmenba|Scientist
12houra
@
$ 168.00
/hour
$ 2.016.00
Senior Staff Engineer/Qeologist/Envronmenta|Scientist
18houra
@
$ 142.00
/hour
$ 2.556.00
Field Vehicle
18 hours
@
$ 12.00
/hour
$ 218.00
SVE Cot'OxSystem K8ordh|y Rental (12 nths)
28 mtho
@
$ 3.650.80
/mth
$ 102.200.00
8CAC]K8DPermit Annual Renewal
2 units
$ 1.507.95
/year
$ 3.015.80
SCA{2YNOAnnual Discharge Fees
2 units
$136.40
/year
$ 272.80
Contractor SVE Service (aesume2 peryr)
2 units
@
$ 400.00
/unit
$ 800.00
SVEUnit Demobilization (aubcordraotor)
2 unit
@
$ 1.500.00
/unit
$ 3.000.00
Non'HazardoumVVaate Disposal/Recycling ' Knockout We
G drums
@
$ 385.00
/drum
$ 2.310.00
Weekly Monitoring SVE System (4 hrs/mk)
StaffEnginemr/Qao|ogioUEnvironmerda| Scientist
420 hours
@
$ 126.00
/hour
$ 52.920.00
Field Vehicle
420 hours
@
$ 12.00
/hour
$ 5.040.00
Laboratory Analysis ' EPA Method 8260/5030 + Qxygero
54 tests
@
$ 150.00
/test
$ 8.100.00
Laboratory Analysis ' EPA Method 8015[W. TPH'g
48 tests
@
$ 25.00
/tent
$ 1.200.80
EDO Format @4Y6
i unit
@
496
/unit
$ 372.00
Field Instruments (P|D. F|mwrota. Pressure)
105 units
@
$ 150.00
/unit
$ 15.750.00
Remedial Progress Reports (2 separate reports and 4 included in
GW
Monitoring Reports)
Principal Engineer/Beo|ogiaUEnvironmen{a|Scientist
14 hours
@
$ 178.00
/hour
$ 2.402.00
Senior Enginaar/0eo|ogiet/Envirnnmenta|Scientist
50 hours
@
$ 168.00
/hour
$ 8.400.00
Senior Staff Engineer/Geo|nAiet/Envinonmento|Scientist
92 hours
@
$ 142.80
/hour
$ 13.084.00
Technical |Aumtrator/CADOpenator
20 hours
@
$ 92.00
/hour
$ 1.840.00
Data Processing, Technical Editingor Reproduction
26 hours
@
$ 6800
/hour
$ 1,768.00
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020 2
Field - -
-
GmniorEnginaer/QenlogieVEnvinonmontaSoienUo
Staff Engin*er/Geolugist/Enmnmmnta|Scientist
Field Vehicle and Equipment Usage
P|O Rental
Laboratory Analyses ' EPA Method 826O/5O3O+
OxvPenotem
Laboratory Analyses ' EPA Method RO15yW.TPHg
Rebound Test Report
Principal Enginaer//3ao|ogist/Environmenta| Scientist
Senior Enginemr/Gmo|ogiot/Environmenta|Scientist
Project Enginemr/Geo|ogiot/Envirunmenta| Scientist
Senior Staff Engineer/Gau|ogiet/Environmenta| Scientist
Data Processing, Technical Editing, or Reproduction
5 hours
@
$
168.00
.~
/hour
$
^
840.00
40hour
@
$
126.00
/hour
$
5.040.00
40hourm
@
$
12.00
/hour
$
480.00
1 week
@
$
250.00
/xveak
$
260.00
2taoto
@
$
150.00
8eat
$
300.00
2testo
@
$
25.00
8ea
$
50.08
1 hour
@
$
178.00
/hour
$
178.00
2 hours
@
$
168.00
/hour
$
336.00
2 hours
@
$
156.00
/hour
$
312.00
4houro
@
$
142.00
/hour
$
568.00
2 hours
@
$
68.00
/hour
$
136.00
Staff EngineerXGenlogisVEnvironmenta|Scientist
24 hours
@
$ 126.80
/hour
$
3.024.00
Field Vehicle
24homo
@
$ 12.00
/hour
$
288.00
Well Abandonment Permits
11 wells
@
$ 570.00
/well
$
6.270.08
Subcontramtor' Remove Aboveground Piping' Cut and
1 unit
@
$2.50U.00
/unit
$
2.500.00
Grout Below ground Piping
Well Abandonment
1 unit
@
$7.5OD.QO
/unit
$
7.500.00
Non -Hazardous VVomtm Disposal
4 drums
@
$ 385.00
/drum
$
1.640.00
Principal Engineer/Geolog |Goienti*t
Senior Enginaer/GaologisbEnvironmenta|Scientist
Senior Project Engineer/Geo|ogist/Envinonmenta|
Scientist
Staff Engineer/Gmo|ogist/Environmento| Scientist
24houm
6 hours
hours
30 hours
@
$
178.00
/hour
@
$
188.00
/hour
@
$
163.00
/hour
01)
'$
126.80
/hour
Ninyo & Moore I Former Spartan Lacquer Facility, Downey, California 1209850002 1 September 10, 2020 3
CITY OF DOWNEY
PROFESSIONAL SERVICES AGREEMENT WITH
STEARNS, CONRAD AND SCHMIDT CONSULTING ENGINEERS, INC., D/B/A
SCS ENGINEERS FOR PROFESSIONAL ENVIRONMENTAL REMEDIATION SERVICES
1. PARTIES AND DATE.
This Agreement is made and entered into this 13 day of 20 20 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 Stearns, Conrad and Schmidt Consulting Engineers, Inc., a Virginia corporation
d/b/a SCS Engineers, with its principal place of business at 3900 Kilroy Airport Way, Suite
100, Long Beach, CA 90806-6816 ("Consultant"). City and Consultant are sometimes
individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
Consultant desires to perform and assume responsibility for the provision of certain
professional consulting 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 oversight of environmental remediation services to public clients, is licensed in the
State of California, and is familiar with the plans of City.
. I .
City desires to engage Consultant to render such services for the oversight of
environmental remediation services at the City property located at 9255 Imperial Highway,
Downey, CA 90242 ("Project") as set forth in this Agreement.
Rionmgrx: L M,
3.1 Scope of Services and Term.
3.1.1 General �Sqope 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 consulting 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.
3.1.2 Term. The term of this Agreement shall be from January 1, 2020 to
December 31, 2021, unless earlier terminated as provided herein. Consultant shall comple
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 written
amendment to this Agreement signed by the City Manager and the Consultant. I
I CYR I I r. I
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 Delfino R. Consunji,
P.E., Director of Public Works, or his or her 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 or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Julio A.
Nuno, REPA, CESCO, Senior Vice President, or his or her 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
to correct errorsor omissions which are caused by - Consultant's to comply
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 Re_quirements. 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 (CGQ: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily 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 Liabili!y 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,
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
•i endorsements to the City before the commencement • • under this Agreement.
However, failure to obtain the required •• prior to the commencement of • 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 .• Policies. If any • the •• provide
coverage • a claims -made •.
(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 Safetv. Consultant shall execute and maintain its work so as to .•
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 walkways, scaffolds,
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and • 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.
3.3.1 CoMpensation, Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates se
forth in Exhibit "A" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Twenty -Nine Thousand Five Hundred and 00/100 Dolla -
($29,500.00) without written approval of the City. Extra Work may be authorized, as
described below, and if authorized, said Extra Work will • compensated at the rates and
manner set • in this Agreement. I
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 Exr)enses. 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 seg. and 1770 et seg., as well as
California Code of Regulations, Title 8, Section 16000 et seg. ("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 them wages in effect at the
commencement of this Agreement. Consultant shall make copies of the prevailing rates of
per them 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.
3.4.1 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.
13
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;
a 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.
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:
M
SCS Engineers
3900 Kilroy Airport Way, Suite 100
Long Beach, CA 90806-6816
Phone: (562) 426-9544
Fax: (562) 427-0805
Attn- Julio A. Nuno, REPA, CESCO, Senior Vice Presiden)
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone- (562) 904-7102
Fax: (562) 904-7296
Attn: Delfino R. Consunji, P. E., Director of Public Works
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.
a ao
3.5.3.1 Documents & Data, Licensing,of Intellectual Proq. 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
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
10
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, writter
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.
Cooppjgtidn; Further A�cts. 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 Aftomeis�Fees. In the event of any litigation, whether in a court of law,
arbitratio-i. or ofterwise, arising from or related to this Agreement of
AMA A M M.-
*&M -11KO34 0 0 MM,
3.5.6 Indemnification.
General Indemnification. Except as provided in subdivisio
3.5.6.2 below which is applicable to "design professionals" only, Consultant shall defend (wii
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 actio
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
Consultant's duty to indemnify shall extend to any and all claims, demands, causes of actio
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 contractor
or failed to pay any or all necessary state or federal; withhold ings 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 for
all incidental and consequential damages resulting directly or indirectly, in whole or in part,
from Consultant's negligence, recklessness or willful misconduct.
12
IN
3.5.17 Invalidify; Severabty. If any portion of this • is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.23 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.
14
3.6.1 P I fieguired. 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
M
Gib
NEZ�• a;
Maria A. Duarte, CMC
City Clerk
Y\Aette M. Abich Garcia,
City Attorney
0119.123859
STEARNS, CONRAD AND SCHMIDT
CONSULTING ENGINEERS,
? Virginia corporation
D/B/A SCS ENGINEERS
By:
tI'
A. Nuno, REPA, CESCO,
nor Vice President
IN
September14, 2820
File No. O1847220r1
-
Mr. DesiGutienuz Via E-mail
City ofDowney
11111Brookshire Avenue ^
Downey, California 90241
(582)904-7110
Subject: Proposal for Continued Oversight mf Renmedlation,Report Review, and Attendance at
Meetings (2O2D-2021)"Former Spartan Lacquer & Paint Facility, 9255|mperia|
Highway, Downey
Dear Mr. Gutierrez:
Over the past several years, SCS Engineers (SCS) has provided oversight of the remediation activities
currently being conducted byNinyo&Moore etthe referenced site. VVohave provided as -needed
services, which have included:
m Review and discussion nfresults,
w Review of reports prepared by Ninyo & Moore prior to submittal to the Regional Water
Quality Control Board
� Review of email messages from Ninyo & Moore regarding progress ofnamediation.
� Review ofChange Orders issued byNinyo&Moore
� Participation in client and regulatory agency meetings.
� Project coordination and administration.
Services have been provided nnotime'end'matehalsbasis. VVeanticipate that the vapor extraction
system will be effective in reducing concentrations of petroleum hydrocarbons in soil, however, it
appears likely that the Los Angeles Regional Water Quality Control Board (LARWQCB) will request
additional investigation of soil, soil vapor and groundwater before they will issue closure for the site.
Therefore, we envision that activities on the site will continue through 2021.
|naddition, esyou are aware, asource test was requested bythe South Coast Air Quality
Management District mspart ofthe site -specific permit issued for the vapor extraction system. Aa
part of this proposal, SCS has also included costs to prepare a risk assessment that may need to be
conducted onpart ofthe source test for the vapor extraction system.
|norder to continue our review services through December 2021, SCS recommends the following
budget:
4 Review of documents, participation in meetings and telephone conferences, etc - $20,0113
Air Toxics Health Risk Assessment per attached proposal dated August 31, 2020 - $9,500
Total requested budget - $29,500
Mr. DesiGutierrez
September l4,2020
Page 2
Aoindicated above, this proposal includes preparation ofonAir ToxicaHealth Risk Assessment, if
necessary, as described in our attached proposal (proposal 01038621gr2) dated August 31, 20M
Based on our discussions, this work will be completed directly for the City of Downey as part of our
oversight services.
With exception of the Health Risk Assessment, which will be invoiced on percent complete, we will
continue to invoice services on a time -and -materials basis using the SCS Fee Schedule in effect at
the time work iscompleted. Acopy ofour current fee schedule (though December 31,2021)ie
attached. Additional costs beyond the revised budget will not be incurred without prior approval by
the City ofDowney.
If this proposal meets with your approval, please forward the appropriate contractual documents to
our office. Should you have any questions, please contact maat(5S2)428'9544.
Regards,
Julio A.Nunu.REPA,CESCO
Senior Vice President
SCS ENGINEERS
Attachment -CunantBCSFeeSuhedu|e
SCSproposal (proposal U1O38S21Sr2)dated August 31.2020
Environmental Consulting & Contracting
Fee Schedule - City ofDowney
Rate/Hour
C|ericaL---------.. 75
Administrative/Secretarial _~__................................ ....................... ...... __.85
Technician.................... _.......... ... .~............. ~........ .......... ,............... _~,........... _^_~_^,_~~~^g5
CADDrafter ............................................................................................... ............. ........................... QS
Senior Engineering Technician ......... 108
Associate Staff Professional -----------------_.~............................... ="~_. ~__.108
Senior Project Administrator
SteffProfessiona|L------------------------.15
CADDeoignor-------.. 18
StaffProfessional U........................................................................................................................ 120
Senior Office Services Manager
Staff Professional Ill -------------..~_~_,...... ~~._~~. ................13O
Project Professional L---___.............................. ....... _~._..~_~.~.~._.................... ............ 135
ProjectProfessional Ili, .......................................................... ............. _°.~.___-.__°___-~~_....... 140
ProjectProfessional U|_....... ... ..... ......... ......... ........ _~......... ...... ............... _............ ___~145
Senior Project Professional |~~=°~-~==................................................................ �^_.... ___ _...... -15O
SeniorProject Professional U_~................... �__u__~_°,_............... ..... ^................... ,__......... .... 1GO
Senior Project Professional Ill .......................... °..................... ,_..,............ _^___v__..... _*...... _ 65
Project Manager |.............. ........... _..^^_^_._^_~_~°__....... ~�,___._..__.............. ................... 180
ProjectManager M................................. ................. ............... .`__..__.,_,____~~........................... l9O
ProjectManager Ill -'~~_°__~___,__��~~~................. ,____. ........ .................................. ...... 200
Certified Industrial Hygienist .............................................. .~................. ..... ._..~.~~~_-__~.~~°2O5
Senior Project Manager L-. 1O
Senior Certified Industrial Hygienist ...................................
Senior Project Manager M...... 225
SeniorProject Manager Ill ..............................................................................................................
Senior Technical Manager/Advisor .......... ____^~~~...... `............ ................. ................ ........ 2G0
ProjectDirector |...................... _,.......... _........ ....................... ___ .... _,=_......... .......................... 26O
ProjectDirector U................................................................................. ...... __... ....... ........... �~2G7
Principals --. See Note 7
1. Scheduled rates are effective through December 31, 2021. Work performed thereafter is subject
to a new Fee Schedule.
2. Costs for outside consultants and subcontractors, equipment/supplies, and for job -related
employee travel and subsistence, are billed at actual cost.
3. Charges for SCS field equipment and instruments will bainaccordance with SCS'sField
5CSFee Schedule
July l'202O
Page
are charged at $60for up0uahalf day (4hours) ofuse, and $11Ofor up1oafull day (company
cars at $50/$60). These charges incorporate an allowance of 100 miles perjob per day; a $0.35
per mile surcharge is applied for additional miles. Vehicle charges for long-term and/or high -
mileage
4. Invoices will be prepared monthly or more frequently for work in progress, unless otherwise
agreed. Invoices are due and payable within 3Qdays.
5. Payment of SCS invoices for services performed will not be contingent upon the client's receipt of
payment from other pertiee, unless otherwise agreed in writing..
0. For special situations such oeexpert court testimony and limited consultation, hourly rates will
be on an individually negotiated basis.
7. Hourly rates for Principals will be on an individually negotiated basis. Typically, these rates are
$300/hour for Vice Presidents and other Principals, and $325/hour for Senior Vice Presidents
and Senior Executives.
1033EM3ZEa3MEnvironmental Consultants &Contractors
August 31,2020
File No. 01030G219r2
Mr. OeaiGutierrez Via E-mail
City nfDowney
11111Brookshire Avenue
Downey, California 90241
(562)904-7110
Dear Mr. Gutierrez:
SCS Engineers (SCS) is pleased to provide this proposal to the City of Downey (Downey) for an air
toxics health risk assessment (HRA) for the emissions from a vapor extraction system (VES) located
mtS255Imperial Highway (6i1e). This proposal has been prepared inresponse torecent amoi|o
noting that esource test will berequired for the system.
New toxic air contaminant (TAC) emission sources located in the South Coast Air Quality
Management District (SCAQyWD) must pnapmna m health risk assessment (HRA) consistent with the
requirements nfRule 1401 (New Source Review ofToxic Air Contaminantm).This rule consists ofa
tiered approach to the risk assessment of TAC emissions. The first three (3) tiers of analysis involve
screening level risk procedures of increasing complexity, while the fourth tier involves preparing a
detailed risk assessment using the California Air Resources Board's (CARB)HotopoteAnalysis and
Reporting Program (HARP).
Based onthe l7\Cemission determined during asource test, SCSwill initially prepare eTier 2HRA
for the proposed flare. If the results of the Tier 2 HRA demonstrate that air toxics health risk from the
VIES are within the limits allowed by the South Coast Air Quality Management District (SCAQMD)
under Rule 1401, no further assessment will be required. If the risk determined using Tier 2
methods exceeds the limits allowed by Rule 1401, SCS will conduct a Tier 3 HRA under Task 2.
If a Tier 3 HRA will be required to calculate health risks, it will require running either American
Meteorological Society (AJNS)/EPARegulatory Model (AERPNOD)orAERSCREEN.escreening
implementation of AERMOD, to get ground level concentrations of all pollutants from the SVE.GCS
would then calculate the health risk impacts from the toxic air contaminants naou|1ingfnnmthe SVE
and determine whether they are within Rule 1401 limits. If health risk impacts exceed Rule 1401
limits when using a Tier 3 evaluation, a Tier 4 evaluation may be required, which is not included in
this scope ofwork.
SOS will conduct the HRAdispersion modeling as a component of the risk assessment under Task 3.
Mr. Desi Gutierrez
August 3l'2020
Page
w Model selection. AERMOD or AERSCREEN will be required, as USEPA has recently approved
AERMOD and AERSCREEN for regulatory uses.
m" Receptor grid. A receptor grid would be constructed in accordance with the modeling
guidelines. Receptors will be placed a1occupied offsite properties. Terrain, using United
States Geological Survey (USGS) National Elevation Dotabase(NED), will be incorporated into
the receptor grid.
� Emission rates. Emission rates determined bysource testing will beinput tothe model. Initial
modeling runs will utilize the maximum short-term emission rates.
� Tabulate model results. Results will be tabulated for toxics, averaging time and year of
historical meteorological data processed. The highest annual result will be reported.
If Task 1 or 2 demonstrates that the health risk from toxic air contaminants is allowable under
SCAQMD Rule 1401, SCS will prepare a brief modeling and HRA report. The report will summarize
the methodology used to determine health risk impacts, the results, and conclusions that can be
drawn from the results. SCS will submit a draft of the report to N&M for review. Upon receiving one
round of comments on the draft HRA and modeling report from N&M, SCS will prepare the final HRA
and Modeling report. The final report can be submitted by SCS directly to SCAQMD, or SCS can
provide the report toN&Mfor submittal hnthe SCA8K8Daaneeded.
The scope of work and cost are based on the following assumptions:
• Facility information, including source information and mfacility plan showing the VES
location, the facility boundary, and receptor locations will be provided to SCS by N&M.
• AB/KCTcost-effectiveness analysis will not berequired. |fcost-effectiveness analyses required,
then additional budget outside ofthis scope will beneeded.
m Task 2 includes only a single source model with a small number of receptors (less than 12).
• There will heone round ofN&K4comments for the report.
w AERMOD or AERSCREEN will be an acceptable model for refined modeling under Task 2.
w The scope of work and budget are also limited by any assumptions contained within the task
descriptions inthis proposal.
8CSexpects that Task 1(Tier 2HRA)could becompleted in2 weeks from the date facility and
emission information is provided. Ifrequired, Task 2could be completed within three weeks of
receiving the facility and emissions data. Task 3 could be completed within one week of the
Mr. Desi Gutierrez
August 3l'2020
Page
Fee
Description Fee sis
Downey will be invoiced monthly on a percent complete basis. This cost estimate is based on our
understanding of the project needs; we consider these costs to be negotiable should those needs
change. The cost estimate should be considered a maximum cost that would not be exceeded except
upon prior written approval.
Sincerely,
R v n ffHHuff, OREPA
Vice President
SCS Engineers
Julio Nuno, REPA
Senior Vice President