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09-0505_NINYO & MOORE_Personal Services Agreement0 0 PERSONAL SERVICES AGREEMENT THIS AGREEMENT is made, entered into, and shall become effective this -�)Ilrl day of2009, by and between the City of San Juan Capistrano (hereinafter referred to as he " ity") and Ninyo & Moore (hereinafter referred to as the "Consultant"). RECITALS: WHEREAS, City desires to retain the services of Consultant regarding the City's proposal to implement the Workplan for Groundwater Monitoring Well Installation dated April 3, 2009, by Environ Strategy Consultants, Inc.; and, WHEREAS, Consultant is qualified by virtue of experience, training, education and expertise to accomplish such services. NOW, THEREFORE, City and Consultant mutually agree as follows: Section 1. Scope of Work. The scope of work to be performed by Consultant shall consist of those tasks as set forth in Exhibit 'A," described as the Work Plan for Groundwater Monitoring Well Installation, dated April 3, 2009; and Exhibit "B," described as Ninyo & Moore's proposal P- 14102 dated April 23, 2009 but not including the "Work Authorization and Agreement"; both of which are attached and incorporated herein by reference. To the extent that there are any conflicts between the provisions described in Exhibit "A" and those provisions contained within this Agreement, the provisions in this Agreement shall control. Section 2. Term. This Agreement shall commence on the effective date of this Agreement and services required hereunder shall continue until notified that said services are no longer required, subject to 15 days notice of termination. Section 3. Compensation. 3.1 Amount. Total compensation for the services hereunder shall not exceed $39,180.00, for the total contract amount; which includes all expenses and related subcontract costs, as set forth in Exhibit "B," attached and incorporated herein by reference. 3.2 Method of Payment. Subject to Section 3.1, Consultant shall submit monthly invoices based on total services which have been satisfactorily completed for such monthly period. The City 0 0 will pay monthly progress payments based on approved invoices in accordance with this Section. 3.3 Records of Expenses. Consultant shall keep complete and accurate records of all costs and expenses incidental to services covered by this Agreement. These records will be made available at reasonable times to City. Section 4. Independent Contractor. It is agreed that Consultant shall act and be an independent contractor and not an agent or employee of City, and shall obtain no rights to any benefits which accrue to City's employees. Section 5. Limitations Upon Subcontracting and Assignment. The experience, knowledge, capability and reputation of Consultant, its principals and employees were a substantial inducement for City to enter into this Agreement. Consultant shall not contract with any other entity to perform the services required without written approval of the City. This Agreement may not be assigned, voluntarily or by operation of law, without the prior written approval of the City. If Consultant is permitted to subcontract any part of this Agreement by City, Consultant shall be responsible to City for the acts and omissions of its subcontractor as it is for persons directly employed. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and City. All persons engaged in the work will be considered employees of Consultant. City will deal directly with and will make all payments to Consultant. Section 6. Changes to Scope of Work. For extra work not part of this Agreement, a written authorization from City is required prior to Consultant undertaking any extra work. In the event of a change in the Scope of Work provided for in the contract documents as requested by the City, the Parties hereto shall execute an addendum to this Agreement setting forth with particularity all terms of the new agreement, including but not limited to any additional Consultant's fees. Section 7. Familiarity with Work and/or Construction Site. By executing this Agreement, Consultant warrants that: (1) it has investigated the work to be performed: (2) if applicable, it has investigated the work site(s), and is aware of all conditions there; and (3) it understands the facilities, difficulties and restrictions of the work to be performed under this Agreement. Should Consultant discover any latent or unknown conditions materially differing from those inherent in the work or as represented by City, it shall immediately inform the City of this and shall not proceed with further work under this Agreement until written instructions are received from the City. 0 0 Section 8. Time of Essence. Time is of the essence in the performance of this Agreement. Section 9. Compliance with Law: E -Verify. 9.1. Compliance with Law. Consultant shall comply with all applicable laws, ordinances, codes and regulations of federal, state and local government. 9.2. E -Verify. If Consultant is not already enrolled in the U.S. Department of Homeland Security's E -Verify program, Consultant shall enroll in the E -Verify program within fifteen days of the effective date of this Agreement to verify the employment authorization of new employees assigned to perform work hereunder. Consultant shall verify employment authorization within three days of hiring a new employee to perform work under this Agreement. Information pertaining to the E -Verify program can be found at http://www.uscis.-gov, or access the registration page at https://www.vis-dhs.com/emploverregistration. Consultant shall certify its registration with E -Verify and provide its registration number within sixteen days of the effective date of this Agreement. Failure to provide certification will result in withholding payment until full compliance is demonstrated. Section 10. Conflicts of Interest. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of the services contemplated by this Agreement. No person having such interest shall be employed by or associated with Consultant. Section 11. Copies of Work Product. At the completion of the work, Consultant shall have delivered to City at least one (1) copy of any final reports and/or notes or drawings containing Consultant's findings, conclusions, and recommendations with any supporting documentation. All reports submitted to the City shall be in reproducible format, or in the format otherwise approved by the City in writing. 3 0 0 Section 12. Ownership of Documents. All reports, information, data and exhibits prepared or assembled by Consultant in connection with the performance of its services pursuant to this Agreement are confidential to the extent permitted by law, and Consultant agrees that they shall not be made available to any individual or organization without prior written consent of the City. All such reports, information, data, and exhibits shall be the property of the City and shall be delivered to the City upon demand without additional costs or expense to the City. The City acknowledges such documents are instruments of Consultant's professional services. Section 13. Indemnity. To the fullest extent permitted by law, Consultant agrees to protect, defend, and hold harmless the City and its elective and appointive boards, officers, agents, and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorneys' fees, for injury or death of any person, or damages of any nature, including interference with use of property, arising out of, or in any way connected with the negligence, recklessness and/or intentional wrongful conduct of Consultant, Consultant's agents, officers, employees, subcontractors, or independent contractors hired by Consultant in the performance of the Agreement. The only exception to Consultant's responsibility to protect, defend, and hold harmless the City, is due to the negligence, recklessness and/or wrongful conduct of the City, or any of its elective or appointive boards, officers, agents, or employees. This hold harmless agreement shall apply to all liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Consultant. Section 14. Insurance. On or before beginning any of the services or work called for by any term of this Agreement, Consultant, at its own cost and expense, shall carry', maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City, the insurance specified below with insurers and under forms of insurance satisfactory in all respects to the City. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. Insurance required herein shall be provided by Admitted Insurers in good standing with the State of California and having a minimum Best's Guide Rating of A- Class VII or better. 14.1 Comprehensive General Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive General Liability coverage in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General C! 0 0 Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this agreement or the general aggregate limit shall be at least twice the required occurrence limit. 14.2 Comprehensive Automobile Liability. Throughout the term of this Agreement, Consultant shall maintain in full force and effect Comprehensive Automobile Liability coverage, including owned, hired and non - owned vehicles in an amount not less than one million dollars per occurrence ($1,000,000.00). 14.3 Worker's Compensation. If Consultant intends to employ employees to perform services under this Agreement, Consultant shall obtain and maintain, during the term of this Agreement, Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. 14.4 Proof of Insurance Requirements/Endorsement. Prior to beginning any work under this Agreement, Consultant shall submit the insurance certificates, including the deductible or self -retention amount, and an additional insured endorsement naming City, its officers, employees, agents, and volunteers as additional insureds as respects each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded City, its officers, employees, agents, or volunteers. 14.5 Errors and Omissions Coverage Throughout the term of this Agreement, Consultant shall maintain Errors and Omissions Coverage (professional liability coverage) in an amount of not less than One Million Dollars ($1,000,000). Prior to beginning any work under this Agreement, Consultant shall submit an insurance certificate to the City's General Counsel for certification that the insurance requirements of this Agreement have been satisfied. 14.6 Notice of Cancellation/Termination of Insurance. The above policy/policies shall not terminate, norshall they be cancelled, nor the coverages reduced, until after thirty (30) days' written notice is given to City, except that ten (10) days' notice shall be given if there is a cancellation due to failure to pay a premium. 5 0 0 14.7 Terms of Compensation. Consultant shall not receive any compensation until all insurance provisions have been satisfied. 14.8 Notice to Proceed. Consultant shall not proceed with any work under this Agreement until the City has issued a written "Notice to Proceed" verifying that Consultant has complied with all insurance requirements of this Agreement. Section 15. Termination. City shall have the right to terminate this Agreement without cause by giving thirty (30) days' advance written notice of termination to Consultant. In addition, this Agreement may be terminated by any party for cause by providing ten (10) days' notice to the other party of a material breach of contract. If the other party does not cure the breach of contract, then the agreement may be terminated subsequent to the ten (10) day cure period. Section 16. Notice. All notices shall be personally delivered or mailed to the below listed addresses, or to such other addresses as may be designated by written notice. These addresses shall be used for delivery of service of process: To City: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Attn: John G. O'Donnell; Utilities Director To Consultant: Ninyo & Moore 475 Goddard, Suite 200 Irvine, CA 92618 Attn: Walter R. Crone; Principal Environmental Geologist Section 17. Attorneys' Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which he may be entitled. 11 0 0 SCANNED UTILITY DEPARTMENT Kinoshita WP Mo nitor_Wells_2009-0 APR 0 6 2009 4.pdf CITY Or SAN JUAN CAPISTRANO WORKPLAN FOR GROUNDWATER MONITORING WELL INSTALLATION Kinoshita Farm 32701 Alipaz Street San Juan Capistrano, California Prepared for City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 April 3, 2009 Project No. 476 Prepared by environ strategy consultants, inc,� One Technology Drive, Ste. B-123 Irvine, California 92618 tel 949.486.0884 fax 949.486.0885 environstrategy.com EXHIBIT "A" 0 0 WORKPLAN FOR GROUNDWATER MONITORING WELL INSTALLATION Kinoshita Farm Page 2 Sa Juan Capistrano California April 3. 2009 Dissolved -phase hydrocarbons were encountered in one groundwater grab sample beneath UST No. 1 at 25 feet bgs. Based on the findings and analytical results of the subsurface assessment, the extent of hydrocarbon -impacted soil and groundwater appears to be localized to the area directly beneath the former location of UST No. 1. Additional details regarding the site assessment activities is presented in the Site Assessment Report, dated March 30, 2009, In February 2009 and in accordance with the OCHCA-approved Excavation Workplan for Soil Removal, additional soil excavation was performed in the area of Former UST No. 1. Soil was excavated to a depth of approximately 25 feet bgs. A total of 670.47 tons of soil was transported under manifest to an offsite disposal/recycling facility. Under the direction of an OCHCA inspector, nine confirmation soil samples were collected from the former UST cavity bottom and sidewalls. Petroleum hydrocarbons and volatile organic compounds (VOCs) were not detected in the confirmation soil samples, with the exception of tert-amyl methyl ether (TAME) which was detected in sample UST-1-BFE-4 [0.85J micrograms per kilogram (ug/kg)]. A minor amount of groundwater seepage was observed while the excavation was open. Approximately 900 gallons of water were pumped from the bottom of the excavation prior to backfilling. One groundwater grab sample was collected from the water in the excavation had detectable concentration of TPHg at 32 ug/L. Field activities, observations and results associated with the excavation activities are summarized in the Excavation Report, dated April 3, 2009. Based on site assessment findings, the OCHCA recommended the installation of three groundwater monitoring wells in the vicinity of former UST No. 1. 3.0 GEOLOGY AND HYDROGEOLOGY The following sections provide brief descriptions of the regional and site geology and hydrogeology. 3.1 Regional and Site Geology The site is located within the floodplain of the Trabuco Creek in the northern Peninsular Range of southern Orange County. The floodplain extends approximately 2 miles across and is bounded by the San Joaquin Hills approximately 0.8 miles to the west and the foothills of the Santa Ana Mountains approximately 1 mile to the east of the site. The Christianitos Fault Zone is located approximately 3 miles east of the site, and the confluence of Trabuco Creek and San Juan Creek is approximately 0.5 mile east of the site. The San Juan Capistrano area is underlain by Tertiary -age sedimentary rocks that are folded in a broad synclinal trough with at north -trending axis. The site is within the central portion of the syncline that is underlain by primarily marine siltstone and sandstone of the Capistrano Formation of late Miocene and early Pliocene age. In the vicinity of the site, the Capistrano Formation is capped unconformably by a thin sequence or nonmarine Pleistocene and Recent age alluvial sediments associated with Trabuco Creek. environ strategy consultants, inc.m • r1 L WORKPLAN FOR GROUNDWATER MONITORING WELL INSTALLATION Kinoshita Farm Page 4 San Jnan Capistrano California April 3 2009 minimum, the HASP and TSA will be reviewed to address potential physical, chemical, mechanical, and biological hazards associated with the proposed scope of work. 4.3 Drilling and Soil Sampling A drilling contractor with a C-57 contractor's license will be retained to provide drilling and soil sampling services. The well borings will be drilled to a depth of approximately 35 feet bgs at the selected locations shown in Figure 3. Prior to drilling, each boring location will be cleared of subsurface utilities using a hand -auger to an approximate depth of 5 feet. If utilities are encountered, the pilot hole will be abandoned, relocated and cleared. Well borings will be advanced using a truck mounted hollow -stem auger drill rig. Soil samples will be collected from the borings at a minimum of 5 -foot intervals and where lithologic changes and/or petroleum hydrocarbons are suspected. The sampling will be performed using a split -spoon drive sampler fitted with three 6 -inch long sampler rings. Soil collected in the lowest (deepest) of the three rings will be submitted for laboratory analyses. Each sample will be immediately sealed, labeled, placed on ice in a cooler, and delivered to a state -certified, analytical laboratory under chain -of -custody procedures. Soil collected from each sample interval will be used to describe subsurface lithology in accordance with the Unified Soil Classification System by a field geologist working under the direction of a licensed California Professional Geologist. Additionally, collected soil will be field -screened using a photionization detector (PID) to measure the soil headspace for potential volatile compounds. Sample IDs, lithologic descriptions, blow counts and PID readings will be recorded on the soil boring logs. Down -hole drilling equipment will be steam -cleaned within a self-contained decontamination trailer. Soil sampling equipment will also be cleaned in between each use in a soapy wash with a laboratory -grade detergent and triple rinsed. Tools and sampling equipment will be allowed to dry prior to use. 4.4 Well Installation As previously mentioned, the well borings will be drilled to a depth of approximately 35 feet. The wells will be constructed with 4 -inch -diameter, flush threaded, schedule -40 polyvinyl chloride (PVC) casing and factory -slotted (0.01 -inch slot) screen. A total of 15 feet of screen will be installed in each well and extend approximately 5 feet above and 10 feet below the groundwater table elevation encountered during drilling. However, final well construction details may change based on subsurface conditions encountered during drilling. Additionally, wells will not extend through laterally extensive impermeable zones that are below the water table and that are at least five feet thick. If this situation is encountered, the well will be terminated one to two feet into the impermeable zone. The drilling and well installation activities will be conducted in accordance with California Well Standards presented in the Department of Water Resources (DWR) Bulletins 74-81 and 74-90 The annular space surrounding the screen interval will be backfilled with 2/12 sand or equivalent environ strategy consultants, inc.f WORKPLAN FOR GROUNDWATER MONITORING WELL INSTALLATION Kinoshita Farm Page 6 San Juan Capistrano Cal'rornie Aori1 J 2009 4,9 Well Destruction Following any notification of "No Further Action" (NFA) from the OCHCA, the monitoring wells will be destroyed in accordance with the DWR Bulletin 74-90. The wells will be destroyed by overdrilling and backfilling with hydrated bentonite. 5.0 SCHEDULE Field coordination will begin upon agency approval of the workplan. It is anticipated that field activities will commence within two to three weeks of workplan authorization. The well installation report will be submitted approximately three to four weeks of completing the field activities. 6.0 CLOSURE Environ Strategy appreciates the opportunity to be of service to the City of San Juan Capistrano and the OCHCA. If there are questions regarding the proposed scope of work, or if additional site information is required, please contact the undersigned at (949) 486-0884. Respectfully submitted, jinx ,.E;: Mark L. Fishel, P.G. Senior Project Manager Principal Engineer X'\City of San Tuan CapistranWProjeet Organvationq Dehaaablea\WP for Well lastalltio&WdocU009-0409 Kinoshita Farm WI'(or Wtll Installation doc MARK L. flyx, X 00 environ strategy consultants, inc.f Islon _ �s"•a i • �}91r1 • rt .y s--•} trj' TS �1� San .;u an ll: -f - a 4 i - Counp wo / an CaPistt �inu �E xl l ;:�:• .;;' tr' SITE 1 ,, Inas s' '� •,� - V liltra BDY Wd1 4W Wafer vcroto :• e GA IV - /kill -11/,n lic OQ r i _ Jr, FDI p� i .nic. f . {.. `�•f QV Park � a � a' Tv� Q"P)74 . - r enter ,�.: \I — __•r- _, em sewatp st Map Information: DATE TOPO! 2001 National Geographic Holdings FIGURE 1 03/05/09 Disk 10: Son Diego 33'29'14"N 117'40'22"W " VICINITY MAP PROJECT NO. 0 2000 476 environ strategy consultants, inc.es Kinoshita Farm One Technology Drive, Suite B-123 APPROX. SCALE: 32701 Alipaz Street FILE NO. Irvine, California 92618 1" = 2000' San Juan Capistrano, California 476Fig1-VM Y Ini,, n( FORMER US) No. 1 MW -3 + UST -1 -SB -1 25 76 1 NO 130 97 45 1 NO IND I NO I ND LEGEND The tables show the depth and concentrations of the constituents of concern in the following order: Depth (ft) TPH C TPH TPH C13—C44 Benzene MTBE TBA All concentrations are in ug/L. h®UST Soil Boring Locations V Proposed MW Locations Former Tank Location Lr -J environ strategy consultants, inc.(5 + MW -2 * MW -1 20 0 20 APPROXIMATE SCALE: 1" = 20' FIGURE 3 DATE 04/03/09 PROPOSED MONITORING WELL LOCATIONS PROJECT NO. 476 One Technology Drive, Suite B -123I Kinoshita Farm FILE NO. Irvine, California 92618 32701 Alipoz Street San Juan Capistrano, California 476—Fig3 X:\Qty of San )uan Cagstrarp\Woject Organzabon\7, Delwables\Site Drawings\6.MW\476-Figldwo L Eric P. Bauman January 23, 2009 Page 2 n U A final consolidated subsurface assessment report documenting the results of the investigation with boring logs and lab analytical data must be submitted to the OCLOP. This report may be submitted along with the forthcoming workplan, or as a separate report. 4. The California Code of Regulations, Title 23, Division 3, Chapter 30 and Title 27, Division 3, Subdivisions I & 2 require individuals submitting compliance reports for underground storage tank systems to submit data over the internet to the State Water Resources Control Board (SWRCB) Geotracker system. Please note that all required data submittals must be uploaded to the Geotracker when submitting the site assessment report to the OCLUST (soil and groundwater data, boring logs, site map, and Geo -Reports). Please note that groundwater monitoring wells are required to be installed at the site due to the sensitivity of this case because of the site's proximity to an active production well that is less than 500 feet distance from the source area and has been impacted by MTBE contamination. If you have any questions, please contact me at (714) 433-6262 or Anthony Martinez at (714) 433- 6260. Sincerely, Shyamala K. Sundaram Hazardous Waste Specialist Hazardous Materials Management Section Environmental Health cc: Sue Pease, San Diego Regional Water Quality Control Board Jinghui Niu, Environ Strategy Consultants, Inc. 0 0 GENERAL FIELD PROCEDURES General procedures used by Environ Strategy Consultants, Inc. (Environ Strategy) in site assessments for drilling exploratory borings, collecting samples, and installing monitoring wells are described herein. Environ Strategy's groundwater monitoring and sampling protocols are also described. The general procedures may be modified as appropriate based on site conditions. A California Professional state -registered geologist supervises the following procedures. PRE -FIELD WORK ACTIVITIES Health and Safety Plan Field work performed by Environ Strategy at the site is conducted according to guidelines established in a Site Health and Safety Plan (HASP). The HASP is a document that describes the hazards that may be encountered in the field and specifies protective equipment, work procedures, and emergency information. A copy of the HASP is at the site and available for reference by appropriate parties during field work. Locating Underground Utilities Before commencement of subsurface work, the location of the excavation, boring, etc., is marked with white spray paint as required by law. An underground locating service such as Dig -Alert or Underground Service Alert (USA) is contacted 72 -hours before initiating field work. The locating company contacts the owners of the various utilities in the vicinity of the site to mark the locations of their underground utilities. Invasive work is preceded by hand augering to a minimum depth of five feet below surface grade to avoid contacting potential underground utilities. FIELD METHODS AND PROCEDURES Exploratory Soil Borings Soil borings will be drilled using a truck -mounted, hollow stem auger (HSA) drill rig or using hydraulically actuated "direct -push" and percussion equipment, e.g. Geoprobem. If HSA drilling techniques are utilized, soil samples for logging will be obtained from auger -return materials and by advancing a modified California split -spoon sampler equipped with stainless steel liners or equivalent into undisturbed soil beyond the tip of the auger. Similarly, if direct -push technology (DPT) is used, soil samples will be retrieved from the borings using a 3 -foot -long, 2 -inch diameter continuous -core split - barrel sampler lined with six stainless steel/brass sleeves or a 4 -foot -long acetate liner. Soils will be logged by a geologist according to the Unified Soil Classification System using standard geological techniques. Drill cuttings will be screened using a portable 0 Environ Strategy General Field Practices and Procedures Page 3 of 7 allowed to reach ambient temperature, at which time the PID probe will be inserted into the Ziploc bag. The total volatile hydrocarbons present are detected in parts per million (ppm). The PID will be calibrated daily to an isobutylene standard. Additionally, a water trap will be fixed to the end of the PID sampling wand to minimize potential interference from entrained soil moisture. Generally two soil samples from each soil boring will be submitted for chemical analysis unless otherwise specified in the scope of work (See applicable workplan or the client's specified scope of work). Soil samples selected for analysis typically represent the boring bottom sample or the sample just above the first -occurrence of groundwater and sample that exhibits the highest PID reading. HydroPunch® Sampling A grab groundwater sample is collected using a Hydropunce sampling device. The hydropunch can be used with either a HSA drill or DPT rig. The hydropunch consists of a stainless steel probe, which is advanced in to the water -yielding zone then withdrawn to expose an internal screen. Once the probe is opened, groundwater enters while soil particles larger than silt are prevented from entering by a screen. A decontaminated stainless steel bailer or equivalent is inserted down the center of the well screen to obtain a "grab -type" groundwater sample for analysis. The samples are carefully transferred from the bailer to zero headspace, 40 milliliter glass vials fitted with Teflon -lined caps. The groundwater sample is labeled, placed on ice (i.e. chilled at approximately 4 degrees Celsius), and delivered to a state -certified analytical laboratory, along with the appropriate chain -of -custody documentation. The boring is backfilled with a cement/bentonite slurry and capped at the surface to match surface conditions. Chain -of -Custody Protocol Chain -of -Custody protocol is followed for all soil and groundwater samples selected for laboratory analysis. The Chain -of -Custody form(s) accompanies the samples to the laboratory and provides a continuous record of possession at all times. Decontamination Drill cuttings generated during the drilling procedure will be contained in labeled and marked, DOT -approved 55 -gallon drums and placed in a secured onsite location. Drilling equipment is decontaminated by steam cleaning before being brought onsite. The augers are also steam cleaned before proceeding with each new. Before use, the sampler and sampling sleeves are brushed -scrubbed in a Liqui-nox and potable water solution and rinsed twice in clean potable water. Sampling equipment and sleeves are also decontaminated before each sample is collected to avoid cross -contamination between borings. 0 Environ Strategy General Field Practices and Procedures 0 Page 5 of 7 development. All development water is contained in drums and place in a secured onsite location. Waste Management Soil cuttings, decontamination and/or development water will be contained in DOT - approved, 55 -gallon drums. Each drum will be appropriately labeled, marked and temporarily stored in a secured onsite location pending waste characterization. Upon receipt of analytical results, contained waste will be transported offsite to an appropriate disposal/recycling facility. MONITORING WELL SAMPLING PROTOCOL The groundwater sampling procedures used by Environ Strategy are designed to comply with local regulatory guidance and reflect the current professional standards and practices employed in the industry. A description of the groundwater sampling procedures is provided below. Well Gauging Initial site activities include determination of well locations based on a current site map. The area around each well is inspected to ensure that it is free of debris that could potentially fall into the well. A clean plastic trash bag or a piece of visqueen plastic sheeting is placed adjacent to the well to stage sampling equipment and supplies. Indications of well or well box damage are noted on appropriate field forms. Prior to sampling, the construction details of each groundwater monitoring well to be sampled are reviewed to establish their respective depths and the length and placement of their screened intervals. When the well is opened, the Technician will immediately measure the concentration of volatile organic vapors in the upper portion of the well casing with a photo -ionization detector (PID) calibrated to hexane. This measurement will guide the selection of respiratory protection equipment for sampling (as dictated by Environ Strategy's Health and Safety Plan) at that particular well. Historical air monitoring data should also. be referred to when selecting appropriate respiratory protection. Prior to purging or sampling, initial static water levels are measured and recorded for all site wells. Depth to groundwater measurements accurate to 0.01 feet are obtained with an electronic sounding instrument that can also distinguish between liquid phase hydrocarbon (LPH) and water. The depths to LPH (if present), to water, and to the bottom of the well are measured from the top of the well casing (surveyors mark or notch if present). These measurements and the approximate thickness of potential LPH are recorded on the Fluid Level Measurement Form. Field forms are included in the • Environ Strategy General Field Practices and Procedures Page 7 of 7 Each sample container is labeled with the project number (or site ID), well designation, sample date, and the samplers initials, and then immediately sealed in a zip lock bag and placed in a pre -chilled, insulated chest with ice. Samples remain chilled prior to and daring transport to a state -certified laboratory for analysis. Sample container description and requested analyses are entered onto a chain -of -custody form to provide instruction for the laboratory. The chain -of -custody form accompanies the samples during transportation to provide a continuous record of possession from the field to the laboratory. If a freight or overnight carrier transports the samples, the carrier is noted on the form along with the package tracking number. For wells that are connected to a treatment system, samples are taken from the sample ports of actively pumping remediation wells. Sequence of Gauging, Purging, and Sampling The sequence in which monitoring activities are conducted is determined on a site- specific basis. In general, wells are gauged beginning with the least -affected well and ending with the well that has the highest contaminant concentration based on previous analytical results. After gauging is completed, wells are purged and/or sampled in the order of least -affected to most -affected wells. Field QA/QC Procedures A trip blank field sample is used to ensure that sample collection and handling procedures do not introduce contaminants into the groundwater samples. The trip blank is prepared by filling sample containers in the field with de -ionized water. The sample containers are labeled as "Trip Blank," placed in the cooler with other groundwater samples, and transported to the laboratory for analysis. Decontamination To reduce the potential for cross -contamination between wells, strict isolation and decontamination procedures are observed. Portable pumps are not used in wells with LPH. Technicians wear nitrile gloves during all gauging, purging and sampling activities. Gloves are changed between wells and more often if warranted. Any equipment that may come in contact with fluids is either dedicated to a particular well, decontaminated prior to each use, or discarded after a single use. Decontamination consists of a four -stage decontamination process: a phosphate -free detergent (Liqui-nox) wash, a double potable -water rinse, and a final deionized water rinse. Exceptions Additional tasks or non-standard procedures that may be requested or required for a particular site are documented on the appropriate field notes/forms. 11/04/2005 Version �ayo /�oor� µ� April 23, 2009 Proposal No. P-14102 Mr. Eric Bauman City of San Juan Capistrano. 32400 Paseo Adelanto San Juan Capistrano, California 92675 Subject: Cost Estimate for Environmental Services Kinoshita Farm 32701 Alipaz Street San Juan Capistrano, California Dear Mr. Bauman: Ninyo & Moore is pleased to submit this cost estimate to install four groundwater monitoring wells and conduct four quarterly groundwater monitoring and sampling events at the above - referenced property (site). The work is being conducted in general accordance with the Work- plan for Groundwater Monitoring Well Installation by Environ Strategy Consultants Inc. dated April 3, 2009 to assess groundwater at the site as required by the Orange County Health Care Agency (OCHCA). SCOPE OF SERVICES The following paragraphs present the scope of services, fee, and schedule for installing, devel- oping, and monitoring and sampling the wells. The work will be performed in accordance with the OCHCA approved work plan. Task 1 — Obtain Regulatory Permits Ninyo & Moore will obtain well construction permits from OCHCA. Task 2 — Site Specific Health and Safety Plan Ninyo & Moore will prepare a site specific health and safety plan to identify worker safety issues during the field work. EXHIBIT "B" 32701 Alipaz Street • San Juan Capistrano, California • April 23, 2009 Proposal No. P-14102 Task 3 — Boring Mark -Out Prior to the well installation, Ninyo & Moore will mark proposed locations for the groundwa- ter monitoring wells with white paint, notify Underground Service Alert (USA), and request that they delineate the locations of underground utilities near the proposed drilling locations. Task 4 — Install, Develop, and Survey Four Groundwater Monitoring Wells Four boreholes will be advanced using a hollow -stem auger drilling rig to depths of up to 35 feet below ground surface (bgs). The wells will be constructed of 4 -inch -diameter polyvinyl chloride (PVC) casing. The screened interval of the wells will extend approximately 10 feet below the measured groundwater depth and approximately 5 feet above the measured groundwater depth and will consist of 0.010 -inch slotted PVC casing. Soil cuttings from the wellbores will be collected at every 5 feet and logged according to the Unified Soil Classification System (USCS) under direction of a California licensed profes- sional geologist. Up to 12 soil samples will be analyzed for total petroleum hydrocarbons as gasoline (TPHg) and for benzene, toluene, ethylbenzene, and total xylenes (BTEX) plus fuel oxygenates in general accordance with United States Environmental Protection Agency (EPA) Methods 8015M and 82608, respectively. After at least 72 -hours after well installa- tion, each well will be developed using the surge and bail technique. The well casings will be surveyed by a State -licensed surveyor in accordance with the requirements of the State of California Water Resources Control Board (SWRCB) for uploading to the SWRCB Geo - Tracker database. Task 5 — Quarterly Groundwater Monitoring and Sampling (4 events) At least 48 -hours after development of the proposed wells, Ninyo & Moore will conduct the first event of groundwater monitoring and sampling for the four wells. The wells will be monitored for depth to groundwater and the presence of free product. The groundwater samples will be collected using the purge method and will be analyzed for TPHg and for BTEX plus fuel oxygenates in general accordance with EPA Methods 8015M and 82608, respectively. Three additional events of monitoring and sampling will be conducted as de- scribed above on a quarterly basis. P-141 02.dm 2 t#.7yas/rNoore 32701 Alipaz Street • San Juan Capistrano, California • April 23, 2009 Proposal No. P-14102 Task 6 — Disposal Up to twenty-six 55 -gallon drums of soil cuttings, decontamination water, and groundwater are estimated to be generated during the installation, development, and first round of sam- pling of the monitoring wells. Up to 4 drums of groundwater are estimated to be generated per quarter for each quarterly groundwater sampling event. Following receipt of each event of laboratory results, the drums will be transported to a recycling facility as non -hazardous waste. If characterization of the waste indicates the material is hazardous, additional charges will apply. Task 7 — Well Installation Report Following the well installation activities, a report will be provided to the City of San Juan Capistrano and OCHCA outlining the activities and sampling results. The first event of groundwater monitoring and sampling will be included in this report. Task 8 — Groundwater Monitoring Report (3 Reports) Following each subsequent round of groundwater monitoring and sampling, a report will be provided to the City of San Juan Capistrano and OCHCA outlining the activities and sam- pling results. ASSUMPTIONS This proposed scope of work and cost estimate assumes: • The client will arrange complete and unfettered access to the areas of interest during regu- lar weekday business hours. • Surface and subsurface conditions (terrain, geologic conditions, etc.) allow completion of the work as described. • No relocation of utilities or other structures is included. • Ninyo & Moore will not be responsible for damage to underground utilities that are not shown on plans or marked in the field. • EPA Method 5035 sampling will not be performed. • No field duplicate or field blank samples will be collected or analyzed. • For the purposes of this estimate, it is assumed that material to be disposed will be non- hazardous. • Permits, other than those described, are not needed. P-14102.doc 3 *'Vyob/Noore 32701 Alipaz Street • • April 23, 2009 San Juan Capistrano, California Proposal No. P-14102 • No reports other than those described herein are needed. • Prevailing wages do not apply. ESTIMATED FEE Work will be conducted on a time -and -materials basis for an estimated fee of $39,180 (thirty- nine thousand one hundred eighty dollars). Our services for the scope of work provided above will be provided for a time -and -materials basis in accordance with the attached Schedule of Fees. A breakdown of the fee is presented in the attached Table 1. If wells are extended deeper than 35 feet additional charges will apply. SCHEDULE Following receipt of your authorization to proceed, Ninyo & Moore will commence services de- scribed herein. To authorize our services, please sign and return the attached Work Authorization and Agreement. If you have any questions or comments regarding this proposal, please call the undersigned at your convenience. Sincerely, NINYO & MOORE !vim Nancy J.nglin, R.E.A. Senior Engineer DLA/NA/WRC/mlc Walter R. Crone, P.G. 4350, R.E.A. Principal Environmental Geologist Attachments: Table 1 — Breakdown of Estimated Fee Schedule of Fees Work Authorization and Agreement Form Distribution: (2) Addressee P-14102.Coc 4 *ylnyos /Hoare 32701 Alipaz Street • San Juan Capistrano, California 41 April 23, 2009 Proposal No. P-14102 TABLE 1 - BREAKDOWN OF ESTIMATED FEE TASK 1 - OBTAIN REGULATORY PERMITS i Project Engineer/Geologist/Environmental Scientist 2 hours @ $ 105.00 /hour $ 210.00 Senior Staff Engineer/Geologist/Environmental Scientist 3 hours @ $ 90.00 /hour $ 270.00 Field Vehicle Usage 1 hour @ $ 6.00 /hour $ 6.00 Monitoring Well Permit 4 permits @ $ 290.00 /permit $ 1,160.00 Subtotal 1 TASK 2 - SITE SPECIFIC HEALTH AND SAFETY PLAN Project Engineer/Geologist/Environmental Scientist 2 hours @ $ 105.00 /hour $ 210.00 Senior Staff Engineer/Geologist/Environmental Scientist 2 hours @ $ 90.00 /hour $ 180.00 Subtotal $ 390.00 TASK 3 - BORING MARK -OUT Senior Staff Engineer/Geologist/Environmental Scientist 2 hours @ $ 90.00 /hour $ 180.00 Field Vehicle Usage 2 hours @ $ 6.00 /hour $ 12.00 Subtotal $ 192.00 TASK 4 - INSTALL, DEVELOP AND SURVEY FOUR GROUNDWATER MONITORING WELLS anior Staff Engineer/Geologist/Environmental Scientist eld Vehicle Usage D/FID Usage rill Rig (Subcontractor) fell Survey (Subcontractor) 32 hours @ $ 90.00 /hour $ 2,880.00 32 hours @ $ 6.00 /hour $ 192.00 2 days @ $ 120.00 /day $ 240.00 Time and Materials $ 9,900.00 Time and Materials $ 1,600.00 3 days @ $ 50.00 /day $ 150.00 )ry Analysis - BTEX and Oxygenates by EPA 8260B 28 samples @ $ 87.00 /sample $ 2,436.00 )ry Analysis - TPHg by EPA Method 8015M 28 samples @ $ 25.00 /sample $ 700.00 Subtotal $ 18,098.00 TASK 5 - QUARTERLY GROUNDWATER MONITORING AND SAMPLING (4 Events) Senior Staff Engineer/Geologist/Environmental Scientist 32 hours @ $ 90.00 /hour $ 2,880.00 Field Vehicle Usage 32 hours @ $ 6.00 /hour $ 192.00 Supplies (water level meter, pump, generator, gloves, bailers, etc.) 4 events @ $ 300.00 /event $ 1,200.00 Laboratory Analysis - VOCs and Oxygenates by EPA Method 8260B 16 samples @ $ 87.00 /sample $ 1,392.00 Laboratory Analysis - TPHg by EPA Method 8015M 16 samples @ $ 25.00 /sample $ 400.00 Subtotal $ 6,064.00 P-141111 F,, ,I, t *'"ffa i *our pa SP1b o 32701 Alipaz Street • San Juan Capistrano, California 41 April 23, 2009 Proposal No. P-14102 TABLE 1 - BREAKDOWN OF ESTIMATED FEE TASK 6 - DISPOSAL Disposal - Well Installation (Up to 26 drums) Time and Materials $ 2,000.00 Disposal 3 Groundwater Sampling Events (Up to 4 drums per event) Time and Materials $ 2,200.00 Subtotal $ 4,200.00 TASK 7 - WELL INSTALLATION REPORT Principal Engineer/Geologist/Environmental Scientist 1 hour @ $ 145.00 /hour $ 145.00 Project Engineer/Geologist/Environmental Scientist 4 hours @ $ 105.00 /hour $ 420.00 Senior Staff Engineer/Geologist/Environmental Scientist 24 hours @ $ 90.00 /hour $ 2,160.00 Technical Illustrator/CAD Operator 4 hours @ $ 65.00 /hour $ 260.00 Data Processing, Technical Editing, or Reproduction 4 hours @ $ 55.00 /hour $ 220.00 Subtotal $ 3,205.00 TASK 8 - GROUNDWATER MONITORING REPORT (3 REPORTS) Principal Engineer/Geologist/Environmental Scientist 3 hours @ $ 145.00 /hour $ 435.00 Project Engineer/Geologist/Environmental Scientist 6 hours @ $ 105.00 /hour $ 630.00 Senior Staff Engineer/Geologist/Environmental Scientist 40 hours @ $ 90.00 /hour $ 3,600.00 Technical Illustrator/CAD Operator 6 hours @ $ 65.00 /hour $ 390.00 Data Processing, Technical Editing, or Reproduction 6 hours @ $ 55.00 /hour $ 330.00 Subtotal $ 5,385.00 TOTAL ESTIMATED FEE $ 39,180.00 PIF«xlz SP!6 2 jt//OyO--*ooro 32701 Alipaz Street 40 San Juan Capistrano, California SCHEDULE OF FEES HOURLY CHARGES FOR PERSONNEL April 23, 2009 Proposal No. P-14102 Principal Engineer/Geologist/Environmental Scientist............................................................................................ $ 145 Senior Engineer/Geologist/Environmental Scientist............................................................................................... $ 120 Senior Project Engineer/GeologisUEnvironmental Scientist................................................................................... $ 105 Project Engineer/Geologist/Environmental Scientist:............................................................................................. $ 105 Senior Staff Engineer/Geologist/Environmental Scientist....................................................................................... $ 90 Staff Engineer/GeologisUEnvironmental Scientist.................................................................................................. $ 90 FieldOperations Manager...................................................................................................................................... $ 80 SupervisoryTechnician........................................................................................................................................... $ 80 Senior Field/Laboratory Technician........................................................................................................................ $ 80 Field/Laboratory Technician.................................................................................................................................... $ 70 GISAnalyst............................................................................................................................................................. $ 65 Technical Illustrator/CAD Operator......................................................................................................................... $ 65 Geotechnical/Environmental/Laboratory Assistant................................................................................................. $ 70 InformationSpecialist.............................................................................................................................................. $ 55 Data Processing, Technical Editing, or Reproduction............................................................................................ $ 55 OTHER CHARGES ExpertWitness Testimony............................................................................................................................ $ 400 /hr InclinometerUsage...................................................................................................................................... $ 32/hr Nuclear Density Gauge Usage...................................................................................................................... $ 9 /hr FieldVehicle Usage...................................................................................................................................... $ 6 /hr Direct Project Expenses.......................................................................................................................... Cost plus 8% Laboratory testing, eo h sical equipment, and otherspecial equipment rovided upon request. INVOICES Invoices will be rendered monthly unless otherwise arranged, and are payable upon receipt. A service charge of 1.5 per- cent per month may be charged on accounts not paid within 30 days. Attorney fees or other costs incurred in collecting delinquent accounts will be paid by the client. TERMS AND CONDITIONS The terms and conditions of providing our consulting services include our limitation of liability and indemnities as pre- sented in Ninyo & Moore's Work Authorization and Agreement. SP 36 Mo A,/ n-/Noore