HomeMy WebLinkAbout01/20/2009 20 City/County Air Terminal Clean-up Services Contract wtih Landau Associates BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4- o. 0
For Meeting Of January 20, 2009
ITEM TITLE: A resolution authorizing the City Manager to sign a Professional Services
Contract, together with Yakima County ( "County "), with Landau Associates
for the clean -up of certain Yakima Airport property known as Richardson
Airways and investigation of Underground Storage Tanks (USTs); and for
other environmental clean -up projects in the City, as directed by the City
Manager and the City Engineer; and, authorizing the City Manager to sign
an Agreed Order with the Washington State Department of Ecology
( "Ecology ") to conduct the investigation of the USTs.
SUBMITTED BY: Douglas Mayo P.E., City Engineer
CONTACT PERSON/TELEPHONE: Douglas Mayo P. E., City Engineer (509) 576 -6678
SUMMARY EXPLANATION: The City and the County are the co- owners of the Yakima Air
Terminal ( "Air Terminal "). Certain property at the Air Terminal is listed on Ecology's
Hazardous Sites List as previous operations at the site included filling an airplane spray tank
with pesticide solution and on completion of the aerial spraying, washing the tank at the
• "washdown site." Other areas of the Air Terminal property contain Underground Storage
Tanks that require investigation with the potential for additional environmental clean -up.
Continued
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source Environmental Fund 555 and Remedial Action Grants from Ecology
APPROVED FOR SUBMITTAL: ea_ I-- i• City Manager
r40
STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the
enclosed resolution authorizing the City Manager to execute a contract with Landau
Associates, sign the Agreed Order with Ecology and any other documents necessary to
complete the environmental actions described above and others that are anticipated as
recommended by the City Manager and the City Engineer.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
O COUNCIL ACTION:
Continued from front page:
It is agreed that clean up of the Richardson site and investigation of the USTs will benefit the
operations of the Air Terminal and the well being of the community.
Ecology has set aside grant funding for the City and the County that will provide ninety per
cent (90 %) of the eligible costs of the clean up and the investigation. The budget for the
Phase One work, as shown on Exhibit "D ", is not to exceed $224,981.
The City and the County have, pursuant to a request for qualifications, selected Landau
Associates to provide the required professional services for the clean up and the investigation.
Landau Associates is prepared to commence the work in question as directed by the City
Engineer in consultation with Ecology.
Ecology requires the City and the County sign an Agreed Order for funding for the USTs and
this resolution authorizes the City Manager to sign it in concert with the County.
In addition, the City Manager and the City Engineer also anticipate that Landau Associates is
prepared to provide professional services for other environmental clean; up. projects and
investigations at their direction in the future.
ID RESOLUTION NO. R -2008-
A RESOLUTION authorizing the City Manager to sign a Professional Services Contract,
together with Yakima County ( "County "), with Landau Associates, for the
clean -up of certain Yakima Air Terminal property known as Richardson
Airways; and to assist in the plans to investigate remediation for specific
Underground Storage Tanks (USTs) at the Air Terminal; and authorizing
the City Manager to approve and sign an Agreed Order with the
Washington State Department of Ecology related to the plans regarding
the USTs, along with other necessary and related documents pursuant to
the Model Toxics Control Act ( "Toxics Control Act ") RCW 70.105D; and,
' in addition, further authorizing the City Manager to utilize the expertise of
Landau Associates for additional environmental clean -up and remediation
projects in the City, as recommended by the Assistant City Manager and
the City Engineer;
WHEREAS, the City and the County are the co- owners of the Yakima Air Terminal ( "Air
Terminal "); and
WHEREAS, the the County and the Department of Ecology ( "Ecology ") previously
cooperated to study the area, collect data and enter into a Consent Decree to comply with the
Toxics Control Act in 1997; and
® WHEREAS, it is now over a decade since those measures were taken and it is
appropriate to review the sites and proceed with additional steps; and
WHEREAS, operations at the site included filling an airplane spray tank with pesticide .
solution and on completion of the aerial spraying, washing the tank at the "washdown site "; and -
WHEREAS, clean -up of the site will benefit the operations of the Air Terminal and the
public; and
WHEREAS, there are other activities related to clean -up at the Air Terminal concerning
Underground Storage Tanks ( "USTs "); and
WHEREAS, the Ecology has set aside grant funding for the City and the County that will
provide ninety per cent (90%) of the costs for both projects, the Richardson's site and the USTs;
and
WHEREAS, the City and the County have, pursuant to a request for qualifications,
selected Landau Associates to provide the required professional services and expertise for the
clean -up (Richardson) and the investigation for remediation (USTs); and
WHEREAS, Landau Associates is prepared to commence the work in question as
directed by the City Engineer in consultation with Ecology; and
WHEREAS, the approval of a Consent Decree with Ecology was previously approved by
the City Council for the Richardson Airways site; and
0
WHEREAS, the approval of an Agreed Order with Ecology is necessary for the USTs;
and
WHEREAS, there are other environmental projects that will require the professional
expertise of Landau Associates, as directed by the City Manager and the City Engineer, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager (or his designee) is hereby authorized to sign the Professional
Services contract with Landau Associates for the clean -up of the Richardson Airways site and
investigation for remediation for the USTs at the Air Terminal, as well as the Agreed Order with
the Department of Ecology, and any additional documents necessary to complete the work as
recommended by the City Engineer; as well as for other environmental clean -up and /or
investigation projects, as directed by the City Manager and the City Engineer.
ADOPTED BY THE CITY COUNCIL this 20 day of January, 2009.
Dave Edler, Mayor
ATTEST: •
City Clerk
0 PROFESSIONAL SERVICES AGREEMENT
CITY OF YAKIMAIYAKIMA COUNTY AND LANDAU ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City "), Yakima County, a subdivision of the State of
Washington . (hereinafter the "County") and Landau Associates (the "Consultant"), a
company licensed to do business in Washington.
WHEREAS, the City and the County desire to engage the Consultant to perform
environmental services at the Yakima Air Terminal ( "Air Terminal ") for phase one
(Richardson Airways remedial clean -up) and phase two (underground storage tank remedial
investigation /feasibility study and clean -up); along with other environmental activities that
may include funding applications, studies and clean -ups as directed; and
WHEREAS, the Consultant has the experience and expertise necessary to provide
said services and is willing to provide such services in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and . between the City, the County and the
Consultant as follows:
® 1. Scope of Services. The Consultant shall provide environmental cleanup services
for phase one to the City . and the County consistent with the Consent Decree entered into
between the City, the County and the Washington State Department of Ecology ( "DOE "),
Exhibit "A" attached and incorporated by this reference; the scope of services, as described
in more detail in Exhibit "B °, attached and incorporated by this reference; and, the Pay
Rates, Exhibit "C ", attached and incorporated by this reference. '
2. Term. The term of this Agreement shall commence upon execution hereof and
shall continue until January 31, 2012.
3. Consideration. The City shall pay the .Consultant for services rendered hereunder
in accordance with the payment schedule set forth in Exhibit "D" attached and incorporated
by this reference. Unless this Agreement is otherwise modified by the parties, the total
compensation paid to the Consultant for all services provided under this Agreement shall
not exceed the amount provided in Exhibit "D ". The Consultant shall submit to the City
monthly invoices itemizing tasks accomplished. Payment shall then take place, provided,
however, that all payments are expressly conditioned upon the Consultant's providing
services that are satisfactory to the City and the County. The Consultant shall maintain
adequate files and records to substantiate all amounts itemized on the monthly invoices. In
the event that either party exercises its right to terminate this Agreement in accordance with
Section 18, the Consultant shall be compensated in accordance with the above terms for all
satisfactory services provided to the City and the County up to the effective termination date
or the Agreement.
I 4. Information Provided by the City and the County. The Consultant shall provide
i guidance to the City and the County in determining the data required for purposes of the
Page 1 of 7 - January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
1 antlan Accne'atm
contemplated services. The City and the County agree to use reasonable efforts to provide
data and information specifically requested by the Consultant.
5. Status of Consultant. The Consultant and the City and the County understand and
expressly agree that the Consultant is an independent contractor in the performance of
each - and every part of this Agreement. No officer, employee, volunteer, and /or agent of
Consultant shall act on behalf of or represent him or herself as an agent or representative of
the City and the County. The Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this
Agreement. The Consultant expressly represents, warrants and agrees that its status as an
independent contractor in the performance of the work and services required under this
Agreement is consistent with and meets the six -part independent contractor test set forth in
RCW 51.08.195. The Consultant and its officers, employees, volunteers, agents and /or
subcontractors shall not make any claim of City employment nor shall make any claim
against the City and the County for any related employment benefits, social security and /or
retirement benefits. Nothing contained herein shall be interpreted as creating a relationship
of servant, employee, partnership or agency between the Consultant and the City and the
County.
6. Inspection and Audit. The Consultant shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses .allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this
Agreement shall be subject to inspection and audit by representatives of the City and the
County and/or the Washington State Auditor at all reasonable - times, and the Consultant
shall afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and the County and /or the
Washington State Auditor where necessary to conduct or document an audit. The
Consultant shall preserve and make available all such books of account and records for a
period of ten (10) years after the Decree is no longer in effect.
7. Taxes and Assessments. The Consultant shall be solely responsible for
compensating his employees, agents and /or sub Consultants and for paying all related
taxes, deductions, and assessments, including but not limited to federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party as a
result of this Agreement. In the event the City and the County are assessed a tax or
assessment as a result of this Agreement, the Consultant shall pay the same before it
becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, selection for training and the provision of
services under this Agreement.
Page 2 of 7 January 15, 2009
0
Professional Services Agreement
City of Yakima -- Yakima County
1 anrlan Accneiatoc
O 9. The Americans with Disabilities Act. The Consultant shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti - discrimination law as contained in
RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil
rights to individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services and telecommunications.
10. Compliance with Law. The Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local or otherwise.
11. No Conflict of Interest. The Consultant covenants that' neither he nor his
employees have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement. The
Consultant further covenants that it will not hire anyone or any entity having such a conflict
of interest during the performance of this Agreement.
12. No Insurance. It is understood the City and the County does not maintain liability
insurance for the Consultant and its officers, directors, employees and agents.
13. Indemnification. .
III a. The Consultant agrees to hold harmless, indemnify and defend the City and the
C ounty, its elected officials, officers, employees and agents from and against any and all
suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees) which result from or arise out of the negligence of the
Consultant, its officers, agents, employees or subcontractors in connection with or incidental
to the performance or non - performance of this Agreement.
b. In the event that both the Consultant and the City and /or the County are
negligent; each party shall be liable for its contributory share of negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Consultant's immunity under Washington's Industrial insurance Act, RCW Title
51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the Consultant's
employees., The parties acknowledge that these provisions were specifically negotiated and
agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
Page 3 of 7 January 1.5, 2009
Professional Services Agreement
City of Yakima - Yakima County
1 anrian Gecnriatae
14. Insurance Provided by Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City and the County with a
certificate of insurance as evidence of professional liability coverage with a limit of at least
One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of
at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number and when the policy and provisions
provided are in effect. The insurance shall be with an insurance company rated A -VII or
higher in Best's Guide and admitted in the State of Washington. if the policy is on a claims
made basis, the retroactive date of the insurance policy shall be on or before the date this
contract is executed by both parties hereto, or shall provide full prior acts coverage. The
insurance coverage shall remain in effect during the term of this Agreement and for . a
minimum of three (3) years following the termination of this Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City and the County with a
certificate of insurance as proof of commercial liability insurance with a minimum liability
limit of One Million Dollars ($1,000,000.00) per occurrence /aggregate limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Agreement. The policy shall name the
City and the County, its elected officials, officers, agents and employees as additional
insured and shall contain a clause that the insurer will not cancel or reduce in limits the
insurance without first giving the City and the County thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A-VII or
higher in Best's Guide and admitted in the State of Washington.
c. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Consultant shall provide the City and the
County with a certificate of insurance as proof of commercial automobile liability insurance
with a minimum liability limit of One Million Dollars ($1,000,000.00) per
occurrence /aggregate limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number and when the policy
and provisions provided are in effect. Said . policy shall be in effect for the duration of this
Agreement. The •policy shall name the City and the County, its elected officials, officers,
agents and employees as additional insured and shall contain a clause that the insurer will
not cancel or reduce in limits the insurance without first giving the City and the County thirty
(30) calendar days' prior written notice. The insurance shall be with an insurance company
or companies rated A -VII or higher in Best's Guide and admitted in the State of Washington.
d. Insurance Provided by SubConsultants. The Consultant shall ensure that all
subConsultants it utilizes for work/services required under this Agreement shall comply with
all of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Consultant and no person other than regular associates or employees of
the Consultant shall be engaged upon such work or services except upon written approval
of the City and the County.
Page 4 of 7 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
I anriaui Accnniatae
0 16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not
be assigned or transferred in whole or in part by the Consultant to any other person or entity
without the prior written consent of the City and the County. In the event that such prior
written consent to an assignment is granted, then the assignee shall assume all duties,
obligations and liabilities of the Consultant stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination sixty (60) calendar
days prior to the termination date.
19. Severability. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
411 and sent or hand delivered to the parties to their addresses as .follows:
TO CITY: Richard A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO COUNTY: J. Rand Elliott
Chairman, County Commissioners
Yakima County
128 North Second Street
Yakima, WA 98901
TO CONSULTANT: Elizabeth Clark
Landau Associates
PO Box 4698
West Richland, WA 99353
or to such other addresses as the parties may hereafter designate in writing. Notices and /or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
21. Third Parties. The City and the County and the Consultant are the only parties to
0 this Agreement and are the only parties entitled to enforce its terms. Nothing in this
Page 5 of 7 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
1 anrlaii Acenriatac
Agreement gives, is intended to give, or shall be construed to give or provide any right or
benefit, whether directly or indirectly or otherwise, to third persons.
22. Drafting of Agreement. Both the City and the County and the Consultant have
participated in the drafting of this Agreement. As such, it is agreed by the parties that the
general contract rule of law that ambiguities within a contract shall be construed against the
drafter of a contract shall have no application to any legal proceeding, arbitration and /or
action in which this Agreement and its terms and conditions are interpreted and /or enforced.
23. Integration. This written document and the attachments constitute the entire
Agreement between the City and the County and the Consultant. There are no other oral or
written agreements between the parties as to the subjects covered herein. No changes or
additions to this Agreement shall be valid or binding upon either party unless such change
or addition be in writing and executed by both parties.
24. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
27. Second Phase. The parties may amend this Agreement to continue work at the Air
Terminal as is necessary to implement proposed phase two underground storage tank
remedial investigation /feasibility study and clean -up required by law; and to proceed with
additional environmental activities that may include funding applications, studies and clean-
ups as directed by the City Manager and the City Engineer.
CITY OF YAKIMA YAKIMA COUNTY
B By:
R. A. Zais, Jr., City Manager J. Rand Elliott, Chairman County
Commissioners
Date: Date:
ATTEST: ATTEST:
City Clerk
411
Page 6 of 7 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
1 anriaii Accnriatac
O
Lawrence Wafters Terry Austin
Senior Assistant City Attorney Corporate Counsel, Yakima County
LANDAU ASSOCIATES
By:
Elizabeth Clark,
Associate /Project manager
Date:
ATTEST:
City Contract No. Date:
e City Resolution No.
Page 7 of 7 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
1 antiaii Accnriatoc
• EXHIBIT B
SCOPE OF WORK
LANDAU ASSOCIATES
ENVIRONMENTAL SUPPORT SERVICES
RICHARDSON AIRWAYS MODEL TOXICS CONTROL ACT CLEANUP
The following services will be provided in accordance with the requirements of Consent Decree
No. 082048631 as filed in the State of Washington Yakima County Superior Court - State of Washington,
' . Department of Ecology, Plaintiff v. City of Yakima, County of Yakima, Defendants and changes and
amendments. In the event that project conditions and changes in regulatory requirements, including
amendments to the consent decree, require a different level of effort than assumed, Landau Associates
will notify the City of Yakima/Yakima County for approval of any scope or budget modifications that
may be necessary.
TASK 1 = INITIAL FILE REVIEW AND WORK PLAN PREPARATION
The initial project review and work plan preparation task will include:
• File Review. Landau Associates will review Ecology files for the Richardson Airways Site. This
information will be used to develop the work plans and other documents described below.
Landau Associates assumes that the file review will include one visit to Ecology's Yakima file
room.
• Airport Security Clearance. Key personnel will go through airport security training. Based on
discussions with the airport, we understand that security training will take approximately 2 hours
per individual and that our subcontractors will not be required to go through the training. Landau
Associates assumes that up to three employees will participate in the training in Yakima and
onsite training will be no more than 2 hours in duration.
• Draft Work Plans. In accordance with the Consent Decree, several documents will be prepared
and submitted to Ecology for review and approval prior to commencing field work. These
documents, and the related administrative code, include:
o Engineering Design Report = per WAC 173- 340- 400(4)(a)
o Health and Safety Plan - per WAC 173 - 340 -810
o Sampling and Analysis Plan (Initial Sampling) - per WAC 173- 340 -820
o Compliance Monitoring Plan (Confirmation Sampling) Per WAC 173- 340 - 410(3)
o Quality Assurance Plan - per WAC 173- 340- 400(4)(b)(v)
o Project Schedule
Landau Associates assumes that draft versions of each of the above- listed documents will be
submitted to the City /County of Yakima for review and comment, and that only one round of
revisions will be performed after receipt of comments from the City /County.
• Final Work Plans. Final Work Plans will be prepared that incorporate Ecology review
comments. Landau Associates assumes that no more than one round of comments will be
received from Ecology.
1/14/09 \\ Edmdata\ sharedoc \OOOpmposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup \Bevis ons 011309\B- Scope of Services For Environmental Support Services_1_13_09.doc
• LANDAU ASSOCIATES
EXHIBIT B
1
• Project Management and Meetings Task 1. For Task 1 it is assumed that there will be two
meetings in Yakima with the City and County and/or Ecology, as appropriate that will be
attended by the Landau Associates project manager.
•
•
•
•
•
•
•
•
•
•
•
•
•
•
1/14/09 \\ Edmdata\ aharedoc \000proposal\C_Yalama\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\B -. Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
' EXHIBIT B
2
o TASK 2 - INITIAL SAMPLING AND DATA REPORTING
The scope of the field investigation will include:
• Soil Sampling. Advance up to 15 direct -push soil borings to a depth of 9 feet across the area of
impact. Samples will be collected from 3 discreet depth intervals (approximately 1 to 3, 4 to 6,
and 7 to 9 feet below ground surface [BGS]) from each soil boring. The coordinates of each
boring will be collected during the field investigation using a handheld GPS unit. Landau
Associates assumes the following regarding this task:
o The detailed file review will not yield information that would suggest that additional
sampling will be required (e.g., deeper, more frequent, or over a larger area) beyond the
identified area of impact above.
o A standard direct -push drill rig will be sufficient to reach the target depth of 9 feet BGS
(i.e., no additional or alternate drilling equipment, such as hollow stem auger, will be
needed).
o Advancing 10 to 15 soil borings will require no more than two 10 -hour work days.
o Advancing 10 to 15 soil borings and associated sampling and analysis will yield
sufficient data to adequately determine the lateral and vertical extent of remaining '
pesticide impacted soil to be excavated.
o Work will be completed in Level D personal protective equipment (PPE).
• Soil Analysis. Up to 3 samples will be collected from 3 discreet depth intervals from each soil
boring and analyzed for organochlorine and organophosphate pesticides by EPA Methods 8081A
and 8151, respectively.
• Data Report. Preparation of a Summary Report for submittal to Ecology. Landau Associates
• assumes that a draft version will be submitted to the City /County of Yakima for review and .
comment, and a final version will be submitted to Ecology (it is assumed that no revisions will be
required by Ecology).
• Project Management and Meetings Task 2. It is assumed that there will be no meetings
associated with this task that will require Landau Associates' participation.
•
III
1/14/09 \\ Edmdata\ sharedoc \000proposal\C_Yakima\2008 -07 Richardson Airway MTCA Cleanup\ Revisions 011309\B- Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B •
3
TASK 3 - CONSTRUCTION OVERSIGHT FOR SITE EXCAVATION, SAMPLING, AND BACKFILL
III
The results of the initial soil sampling will be used to develop the preliminary estimate of the extent of
soil to be excavated. For purposes of this scope of work it is assumed that 4,000 cubic yards of soil will
be excavated (the estimated volume in the Cleanup Action Plan). Actual excavation and disposal
quantities may vary from this estimated amount. It is Landau Associates' understanding that the City and
County will solicit bids for the excavation contractor and contract directly with both the excavation
contractor for site construction work and the selected landfill for the transportation and disposal of the
soil, and that the City and County will provide soil for backfill. Based on these parameters and
assumptions, Landau Associates tasks will include:
• Bidding Support. Landau Associates will assist the City /County by preparing the technical
components of the construction plans and technical specifications and construction cost estimate .
to enable the City /County to select an excavation contractor and to meet the requirements of
WAC 173 - 340- 400(4)(b) (Construction Plans and Specifications). Landau. Associates will assist
the City and County with contractor selection as needed; however, it assumed that:
o City /County will manage the overall bidding process, including preparation of the general
specifications
o City /County will obtain all necessary City permits for construction work
o. Contractors will be responsible for preparation of a stormwater pollution prevention plan
and for compliance with any WSDOT hauling requirements
o The disturbed portion of the site is less than 1 acre and will therefore, not require a 410
stormwater construction permit
o No New Source Review will be required by YRCAA.
• Construction Oversight. Landau Associates will provide oversight of the selected excavation
contractor and quality assurance as follows:
o Soil Excavation. Landau Associates will oversee and provide guidance for the
excavation of pesticide- contaminated soil based on limits determined from the review of
previous data and the results of current investigation activities (Task 2). Landau
Associates will determine the horizontal excavation limits using laboratory data cross
referenced with GPS coordinates (interpolated between data points), and previously
collected data where adequate location information is available. The vertical excavation
limits will be determined by supporting laboratory data and interpolation between data
points. Landau Associates assumes that the field labor require for excavation oversight
provided will be commensurate with the excavation up to 4,000 cubic yards of
impacted soil.
o Transport and Disposal. Landau Associates assumes that the excavation contractor will
coordinate transport and disposal of the contaminated soil to an appropriately permitted
landfill; however, Landau Associates will provide technical support as needed, such as
the coordination of waste characterization and profiling, and submission of paperwork to
the selected disposal facility necessary for disposal authorization.
o Confirmation Sampling. Per the requirements of WAC 173- 340 -410, Landau
Associates will perform confirmation soil sampling at the extent of the excavation to
ensure that soil impacted with pesticides above the designated cleanup levels has been
removed from the site. For the purposes of this scope of services and estimated budget,
Landau Associates assumes that a systematic confirmation sampling scheme will require 0
1/14/09 1\ Edmdat a\ sharedoc \000praposal\C_Yakima\2008 -07 Richardson Airway MTCA Cleanup\Revisions 011309\B- Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B
4 .
•
• that 37 confirmation samples be initially collected and up to 25 percent additional
samples be collected to confirm the final limits of -the excavation. Standard laboratory
processing time is assumed. This systematic approach will consist of grid sampling on
40 foot centers across the floor of the excavation, and sidewall samples collected every
50 feet around the perimeter of the excavation. Confirmation samples will be analyzed
for organochlorine and organophosphate pesticides by EPA Methods 8081A and 8151,
respectively. -
o Site Backfill. Landau Associates will oversee the backfilling and compaction of the
excavation with City and County supplied backfill material (after - completion of
confirmation sampling and a determination that no further excavation is required). Prior
to placement of backfill into the excavation, Landau Associates' will perform
environmental sampling and geotechnical review of the material to ensure that it is from
a "clean" source and meets necessary engineering criteria for future site development.
Backfill soil samples shall be analyzed for metals (Method 6010), hydrocarbons (by
Method NWTPH -Ox and Dx), pesticides, and herbicides. Landau Associates assumes
collection and analysis will occur at a rate of 2 samples for the first 1,000 cubic yards and
1 sample for every additional 2,000 cubic yards [estimated 4 samples total]). During
placement and compaction of the backfill, Landau Associates will perform geotechnical
testing.
• Project Management and Meetings Task 3. For task 3 it is assumed that there will be two
meetings in Yakima that will be attended by the Landau Associates project manager:
1. A kickoff meeting with the City and County and the selected excavation contractor; and
2. A preconstruction meeting with the City and County and the selected contractors
41110 (excavation, hauling and disposal) as necessary
•
•
•
•
1/14/09 \\ EdmdaraW+ aredoc \000proposal\C_Yaldma\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\13- Scope of Services For Environmental Support Se+vices_1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B •
5
•
•
TASK 4 - PROGRESS AND FINAL REPORTS
• Monthly Progress Reports. Monthly progress reports shall be prepared in accordance with
Section XI of the Consent Decree. It is assumed that up to ten progress reports will be prepared.
• Draft Final Remediation Report/Construction Documentation. The Draft Final Remediation
• Report and requested copies, containing as built documentation required by WAC 173 -340 -
400(6)(b), shall be completed and submitted to Ecology.
• Final Report. A Final Remediation Report incorporating Ecology review comments will be
completed and submitted to Ecology within 90 days of receiving fmal laboratory results from
confirmation sampling.
• Retention of Records. Landau Associates will preserve all records in accordance with the
requirements of Section XII. of the Consent Decree.
• Project Management and Meetings Task 4. We are assuming that there will be one meeting in
Yakima with the City and County and Ecology that will be attended by the Landau Associates
project manager to discuss the fmal results.
•
•
•
•
•
•
•
• •
•
•
•
•
•
1/14/09 \\ Edmdata\ sharedoc \ 000pioposal \G_Yaldma12008 -07R Airway MTCA Cleanup\Revisions 011309\B- Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B
6 •
•
•
•
•
'EXHIBIT C - PAY RATES
HOURLY COMPENSATION RATES
• LANDAU ASSOCIATES, INC.
Hourly •
•
Compensation
Classification Rate
Principal $ 55.00
Senior Associate , $ 51.00
Associate $ 46.00
Senior $ 37.00
• Senior Project $ 33.00
Project $ 27.00
•
Senior Staff $ 24.00
Staff $ 22.00
Assistant $ 18.00
Technician $ 16.00 •
•
CADD $ - 24.00
Project Coordinator $ 23.00
Word Processor $ 15.00
•
• Support Staff - • $ 15.00 •.
® 'Hourly Compensation used for calculation of the direct salary cost (dsc). See Exhibit D.
2 2008 rates have been extended into 2009. Compensation is subject to adjustment. The City /County will
be notified of any changes and rates will be renegotiated as appropriate.
•
•
•
•
•
•
•
•
•
•
Landau Associates
\ \Edmdata \sharedoc \000nr000sal\C Yakima'2008-07 Richardson Airwav MTCA Cleanup \Revisions 011309 1Exhibit C - Pay Rates -LAI Como and Lab 1 13 09 Fxhihit C
•
•
•
EXHIBIT C - PAY RATES (CONT)
ANALYTICAL LABORATORY RATE SUMMARY •
ANALYTICAL RESOURCES, INC . TUKWILA, WASHINGTON 41110
•
Analyses Category Analyses Method Unit Cost 3
Herbicides 8151 $ 140.00 •
Pesticides 8081A - $ 120.00
Total Petroleum - Diesel Range / Heavy Oil TPH- DITPH -O NWTPH -Dx $ 55.00
Total Petroleum Hydrocarbons- Gasoline Range TPH -G NWTPH-Gx $ 55.00
Resource Conservation Recover Act Total RCRA Metals 6010/7470 $ 120.00
Toxicity Characteristic Lechate Procedure TCLP Metals r 6010/7470 4 $ 175.00
Polychlorinated Biphenyls PCBs 8082 $ 100.00
1 The analytical laboratory may be subject to change based on project needs and Ecology review. Landau Associates will provide the
City /County revised pay rates if a different laboratory is selected.
2 Analyses are listed as their common abbreviation.
3 Costs are based on standard laboratory processing time frames. Additional fees may apply for accelerated turn around times.
° With TCLP extraction. •
•
•
•
•
•
•
•
•
•
• Landau Associates
\ \Edmdatalsharedoc\000nr000sal\C Yakima\2008-07 Richardson Airway MTCA Cleanup \Revisions 0113091Exhibit C - Pay Rates -LAI Como and Lab 1 13 09 Fxhihit C
•
•
EXHIBIT C - PAY RATES (CONT) '
EQUIPMENT & SUPPLIES RATE SCHEDULE - 2009
' Rate (S) Unit Surber Benthic Sampler 50.00 Day
Field Equipment Charges 20.00 Day Surge Blocks 3.00 Day
Air Compressor 40.00 Day Traffic Cones 2.00 Day
Air Velocity Meter 50.00 Day ' Traffic Signs (Shoulder Road Work) 50.00 Day
Anderson Sampler 70.00 Day Vane Shear Equipment 40.00 Day
Archaeology Field Kits 10.00 Day Water Infiltration Testing Equipment 20.00 Day
Archaeology Subsurface Kit 25.00 Day Water Level Indicator 25.00 Day
Autolevel w/Tripod and Rod 15.00 Day Weed Whacker/ Brush Cutter 20.00 Day
, Bailer - Stainless Steel PVC 10.00 Day Wetland Field Kit 30.00 Each
Beach Seine 75.00 Day
Benthic Sieving Equipment 45.00 Day FIELD SUPPLIES Rate (S) Unit
Camera - Video 35.00 Day Absorbent Pads (18" x 18") 0.75 Each
Videocassette 10.00 Each • Bailer - Rope 0.10 Foot .
Camera - 35 mm 10.00 Day Brass Lock 10.00 Each
Film (35 mm) 5.00 Each Buckets with Lids 5.00 Each
Camera - Digital 10.00 Day Cloth Sample Bag - Small 0.70 Each
Computer, Portable 35.00 Day Cloth Sample Bag - Large • 3.00 Each
Density Equipment - Nuclear Densometer 50.00 Day Disposable Bailer - Regular 8.00 Each
Density Equipment - Sand Cone - 20.00 Day Locks 10.00 Each
Ekman Grab 45.00 Day Locking Well Seal (2 -inch) 13.00 Each
Ensys Field Test Kit - PCB/TPH 100.00 Day Free Product Sampler • 3.00 Each
Fathometer 20.00 Day Groundwater Filter (40 micron) 17.00 Each ,
Flow Cell - Low Flow 5.00 Day Peristaltic - Tubing Union Fittings 2.30 Each
Flow Restrictor 15.00 Day Peristaltic - Master Flex Tubing 5.00 Foot
Generator - Honda EZ3500 50.00 Day _ Peristaltic - Poly Tubing Y2 inch 0.35 Foot
•
S - Trimble ProXRS/ GeoXT 110.00 Day Peristaltic - Poly Tubing % inch 0.45 Foot
ndwater Datalogger 40.00 Day Peristaltic - Poly Tubing % inch 0.25 Foot
Level 5.00 1 Day Peristaltic - Poly Tubing Y. inch 0.20 Foot •
Kemmerer Sampler 40.00 Day Shelby Tube Soil Seals 10.00 Each
Magnehelic Gauge Set 30.00 Day Spray Marking Paint 5.00 Each
Meter - Dissolved Oxygen 40.00 Day . Soil Sample Chip Trays 4.00 Each
•
Meter- HAM Aerosol Monitor 60.00 Day Survey Flagging 3.00 Each
Meter - YSI Multi GW Sensor 75.00 Day Survey Stakes 0.60 Each
Meter- LEL/H2S /02- MultiGas 75.00 Day Tedlar Bags 16.00 Each
Meter - pH /Cond./Temp. Cole Parmer -10 30.00 Day Wattera Foot Valve 25.00 Each .
Meter - PIDs 60.00 Day - Wetland Stakes .10 Each
Meter - ORP / Turbidity 30.00 Day Zefon Spore Trap Media 10.00. Each
"No Park" Signs 2.00 Day Easy Draw Syringe 2.25 Each
Oil -Water Interface Indicator 60.00 Day Encore Sampler 9.50 Each
Peat Probe 5.00 Day Free Product Sampler 3.00. Each
Poly Tank or Drum 10.00 Day
Pump- Bladder. 40.00 Day MISCELLANEOUS HEALTH & SAFETY ITEMS Rate (S) Unit .
Bladder Pump Controller 60.00 Day Gloves - Nitrile 0.20 Each ,
Pump - Praeger or Sensidyne 10.00 Day Gloves - Scorpio 6.50 Pair
Pump - Honda 35.00 Day Gloves - Solvex, Elbow 10.00 Pair
Pump - Peristaltic 35.00 Day Gloves - Solvex, Standard 3.50 Pair
Pump - Purge 12 Volt 15.00 Day Protective Suit - Saranex 19.00 Each
Pump -Redi Flow 2 100.00 Day Protective Suit - Tyvek • 7.50 Each
Pump - Redi Flow Controller 30.00 Day Protective Boot Cover - Tyvek 0.50 Pair
Respirator 5.00 Day Protective Boot Cover- PVC 6.00 Pair
Scale - Field Gram and Pound 5.00 Day Respirator Cartridge 10.00 Each
Shop Vac 25.00 Day
it Hand -Auger Equipment 15.00 Day VEHICLES Rate ($) Unit
Split - Barrel Sampler Kit (Dames & Moore) 25.00 Day Mileage 0.56 Mile
it Samples (Rings) - each 6.00 Each Vehicle Use • 40.00 Day
Stream Dip Net 5.00 Day
1/13/09 \\Edndatalshaledoc\000proposal\C Yakima12008-07 Richardson Airway MTCA CleanuptReyisions 011309%Exhibit C Equipment and Supplies Rate Schedule Page 3 -4.doc
LANDAU ASSOCIATES
FYNIRIT r
EXHIBIT C - PAY RATES (CONT)
EQUIPMENT & SUPPLIES RATE SCHEDULE - 2009
Compaction Test 175.00
LAB UNIT RATES Rate (S) Unit
Moisture Content 18.00 Each OFFICE Rate ($) Unrt
Unit Weight 20.00 Each Computer Use CAD Design/GIS 15.00 Hour
LAB UNIT RATES Rate (S) Unit Advanced Engineering Software 20.00 Hour
Atterberg Limits 95.00 Each Copies 0.12 Page
Sieve Analysis 80.00 Each Copies — Color 0.50 Page
Sieve Analysis — Large Sample 120.00 Each Plotter Copies — B&W 1.25 Sq Ft
200 -Wash Sieve 45.00 Each Plotter Copies — Color 2.50 Sq Ft
Hydrometer 110.00 Each CDs /DVDs 2.00 Each
Combined Analysis 180.00 Each Report Combs /Covers 4.00 Set
Weekly /monthly rates can be established upon request for extended uses. Charges for other special equipment and supplies are to be determined on
an as- needed basis. -
•
•
•
•
•
•
•
•
•
•
•
1/13/09 \\ Edmdata\ sharedod000proposal \C_Yakima12008 -07 Richardson Airway MTCA Cleanup Revisions 0113091Exhibit C Equipment and Supplies Rate Schedule Page 3 -4.doc
LANDAU ASSOCIATES
PY411RIT (^
•
EXHIBIT D - PAYMENT SCHEDULE
FEE DETERMINATION SUMMARY
0 LANDAU ASSOCIATES, INC.
PROJECT NAME: .
Richardson Airway Yakima, WA
Classification Task 1 Task 2 Task 3 Task 4 TOTAL
•
DIRECT SALARY COST (DSC)
TOTAL DSC $ 11,420 $ 3,539 $ 15,713 $ 6,686 $ 37,358
OVERHEAD (OH COST - including salary additives):
OH Rate of 216.51 % x DSC $ 24,725 $ 7,662 $ 34,020 $ 14,476 $ 80,884
FIXED FEE (FF):
FF Rate of 30% x DSC • $ 3,426 $ 1,062 $ 4,714 $ ' 2,006 $ 11,207
REIMBURSABLES (`):
TOTAL REIMBURSABLES $ . 2,492 $ 1,070 $ 4,295 $ 2,362 $ 10,219
SUBCONSULTANTS:
Driller $ - $ 5,000 $ - $ -
Utility Locate $ - $ 250 $ - $ -
Analytical Laboratory $ - $ 14,560 $ 17,520 $ -
TOTAL SUBCONSULTANTS with 8% Handling $ - $ 21,395 $ 18,922 $ - $ 40,316
CONSULTANT FEES $ 42,063 $ 34,728 $ 77,664 $ 25,530 $ 179,985
• TOTAL CONSULTANT FEE with 25% Contingency $ 224,981 •
(a) Rates are calculated based on compensation rates as shown in Exhibit C times the number of estimated work hours.
(b) WSDOT approved OH rate
- (c) Reimbursables includes travel expenses, field equipment, reproduction, etc. See equipment and supplies rate schedule (Exhibit C).
(d) Subcontractor billing will be charged at a rate of cost plus a eight percent (8 %) handling charge.
•
•
•
•
•
•
• Landau Associates
1/ 14/ 2009Mdmdatal sharedoc 1000propasaPC_Yakima\2008-07 Richardson Amway MTCA Cleanup\Revisions 0114091E ibit D - Payment Schedule 1_14_09Exhibit D - PaFrAtikit D
.4hoAi do 1 1d no
•
1