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09/18/2018 06K Mill Site Cleanup Plan Agreement with Landau Associates; Agreed Order1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.K. For Meeting of: September 18, 2018 ITEM TITLE: Resolution authorizing a Scope of Work with Landau Associates, in an amount not to exceed $200,500, to provide technical support for the Agreed Order, prepare an updated conceptual site model, prepare a feasibility study and prepare a draft cleanup action plan related to the clean -up of the closed City Landfill on the Mill Site SUBMITTED BY: Jeff Cutter, City Attorney Joan Davenport, Community Development Director SUMMARY EXPLANATION: This agreement authorizing Scope of Work for Environmental Services is necessary to complete the tasks detailed in the Agreed Order with the Washington State Department of Ecology, as approved July 9, 2018. This is a companion agreement to the Tasks detailed for the Scope of Work in the Supplemental Amendment to the City contract with Landau for work necessary in the Interim Action Plan for Street development. The Agreed Order for the landfill cleanup will address the remainder of the landfill, not covered by the proposed streets detailed in the Interim Action. For legal reasons, this contract will be executed by Foster Pepper, legal council for the City of Yakima on the environmental clan up of the landfill. Due to the cost of this agreement, staff wanted to make sure City Council was informed of this contract. The associated costs will be paid for with a combination of LI FT funds and reimbursable insurance carrier funds. The total cost of these services is $200,500 and will be an amendment to the Landau contract with Foster Pepper, Inc. ITEM BUDGETED: STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: 2 Adopt resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type resolution 9/11/2018 Cover Memo Scope of Ser from Landau Associates 9/7/2018 Backup Material A RESOLUTION 3 RESOLUTION NO. R -2018 - authorizing a Scope of Work with Landau Associates, in an amount not to exceed $200,500, to provide technical support for the Agreed Order, prepare an updated conceptual site model, prepare a feasibility study and prepare a draft cleanup action plan related to the clean -up of the closed City Landfill on the Mill Site. WHEREAS, the Yakima City Council has established that redevelopment of the former Boise Cascade mill (now referred to as the Cascade Mill Project site) is an Economic Development priority; and WHEREAS, due to the presence and activities of the former sawmill and landfill operations, the Cascade Mill site property may contain hazardous substances or petroleum products which may require mitigation and remediation in order to redevelop the property into a mixed use retail, office, entertainment and light industrial area; and WHEREAS, the City of Yakima entered into an Agreed Order with the Department of Ecology on July 9, 2018 that requires the City to develop an Agreed Order Work Plan, which will detail specific environmental mitigation measures for the clean-up of the closed municipal landfill; and WHEREAS, the City of Yakima has an existing contract with Landau Associates for environmental services following the procedures established by the State of Washington to select a professional engineering firm using the Municipal Research and Service Center Professional Services Roster process, and WHEREAS, primary responsibility for environmental services related to landfill clean —up issues has been contracted through legal counsel for the City of Yakima (Pepper -Foster, Inc). The attached Scope of Work and related contract will be executed by Foster Pepper, on behalf of the City for environmental services necessary for the Agreed Order from Department of Ecology to clean up the landfill; and WHEREAS, the Scope of Work and Budget included in this attached document meet the needs and requirements of the City of Yakima for this project, which address landfill mitigation measures as required by the Agreed Order. The cost of this contract will be paid with insurance proceeds and LIFT funds; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to approve the Scope of Work with Landau Associates attached hereto and incorporated herein by this reference with the budget not to exceed Two Hundred Thousand — Five Hundred dollars ($200,500) to provide the Professional Services as described in the Agreement. ADOPTED BY THE CITY COUNCIL this 18th day of September, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 4 LANDAU ASSOCIATES September 5, 2018 City of Yakima Legal Department 200 South Third Street Yakima, Washington 98901 Attn: Ms. Joan Davenport, Strategic Project Manager; Mr. Jeffrey R. Cutter, City Attorney Re: Revised Request for Scope and Budget Revision (Change Order #2) Execution of Agreed Order Scope of Work Closed City Of Yakima Landfill Site Yakima, Washington Dear Ms. Davenport and Mr. Cutter: Landau Associates, Inc. (LAI) is pleased to submit to the City of Yakima (City) and its outside counsel (Foster Pepper PLLC)1 this request for a revision to our current scope of services and associated budget for ongoing environmental and regulatory support related to remedial investigation (RI) and cleanup related activities at the Closed City of Yakima Landfill Site (Site). As you are aware, the City and the Washington State Department of Ecology (Ecology) entered into an Agreed Order (AO) to complete Interim Action (IA), Feasibility Study (FS), and draft Cleanup Action Plan (dCAP) activities related to the Site in compliance with the Model Toxics Control Act (MTCA) process. This change order request is provided to extend our current scope of services to include assisting the City with completion of various tasks required under the AO. These tasks include preparation of an updated conceptual site model (CSM), an FS, and a dCAP. This requested change order includes document preparation and strategic and regulatory support tasks and subtasks associated with the AO scope of work. Note that interim action -related tasks specified in the AO will be completed under a separate authorization from the City. Scope of Services The revised scope of services and estimated costs included in this change order request include adding the following tasks to our existing scope of services: 1. Provide strategic and regulatory support related to the AO and associated scope of work, including preparing a groundwater -surface water interaction evaluation technical memorandum, submittals to Ecology's Environmental Information Management (EIM) database, and monthly progress reports. 2. Prepare an updated CSM. 3. Prepare an FS. 1 Note that the services proposed under this proposal are being retained under the engagement letter from Foster Pepper PLLC to Landau Associates dated July 2, 2017 and subject to the terms therein (with modified billing rates as identified in this proposal). 130 2nd Avenue South * Edmonds, Washington 98020 * (425) 778-0907 * www.Iandauinc.com Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 5 Landau Associates 4. Prepare a dCAP. A more detailed description of the tasks included in this additional scope of services is provided below. Task 1 - Strategic and Regulatory Support for Agreed Order/Project Management LAI will complete miscellaneous tasks related to the Site, as required by the AO scope of work, and provide strategic, regulatory, and technical support to the City team as requested. Specific required tasks that are currently included in the AO or otherwise required by Ecology are as follows: • Prepare a technical memorandum summarizing soil, wood debris, and landfill gas (LFG) data collected since submittal of the Supplemental RI Report,2 and results from modeling the fate and transport of metals mobilized by the reducing conditions in groundwater downgradient of the Site and the adjacent/upgradient Mill site in the vicinity of the Yakima River (modeling has already been completed; task includes reporting only). • Compile and submit historical Site data, primarily collected by other consultants, into Ecology's EIM database. Based on a preliminary assessment of the volume of historical data available, it is anticipated that it will take approximately 90 hours to compile, tabulate, and format the data for submission into the EIM database. • Prepare monthly progress reports for submission to Ecology. This task assumes that each progress report will be relatively short (e.g., 1-2 pages), draft reports will be submitted to the client for review prior to submittal to Ecology, and that up to 36 monthly reports will prepared. Other strategic or regulatory support tasks assumed for Task 1 include: • Up to two meetings with the City and/or Ecology in Yakima (10 hours each including preparation and travel time) and two conference calls that will be attended by up to 2 LAI project team members to discuss the project. Brief email meeting summaries will be prepared within 2 business days following each meeting or call. This will include possible support for public comment/participation planning or meetings, if applicable. • Miscellaneous email and telephone communications with City team and Foster Pepper. This task also includes project management and administration for all the tasks described herein, such as general client communications, invoice preparation, and project scheduling and coordination. LAI will coordinate with the City team on the progress of the project as work proceeds. We will continue to communicate regularly with the City team, monitor work task performance, maintain the schedule and budget, and ensure that systems are in place to conduct quality assurance and quality control on deliverables and correspondence. 2 LAI. 2015. Agency Review Draft, Supplemental Remedial Investigation Report, Closed City of Yakima Landfill Site, Yakima, Washington. Landau Associates, Inc. September 29. September 5, 2018 2 Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 6 Landau Associates Task 2 - Updated Conceptual Site Model LAI will prepare draft, agency review, and final versions of the updated CSM to describe the nature and extent of contamination at the Site from the release of hazardous substances in all affected media (soil, soil gas, groundwater, and/or surface water, if applicable). The CSM will be provided in the form of a technical memorandum and will consist of a short textual description with a supporting diagram, substantially similar to Section 9 and Figure 17 of the Supplemental RI Report. Task 3 — Feasibility Study LAI will prepare draft, agency review, and final versions of a Feasibility Study in compliance with MTCA (Washington Administrative Code [WAC] 173-340-350/-360). The FS will include a summary of current site conditions, proposed Site cleanup standards, remedial action objectives, screening of applicable cleanup technologies, an assembly of reasonable remedial alternatives, an evaluation of the remedial alternatives against regulatory threshold and other criteria, a disproportionate cost analysis, and selection and description of the preferred remedial alternative. This task also includes meetings or negotiations with Ecology and/or preparation and support for a public comment/participation period if Ecology should decide to include this as an element of review and final approval of the FS. Accordingly, this task includes: • Up to two meetings with Ecology and/or the public in Yakima (10 hours each including preparation of supporting materials and travel time) and two conference calls that will be attended by up to 2 LAI project team members. • Other minor supporting activities related to the FS, such as miscellaneous information requests from Ecology. This task does not include multiple agency review drafts/revisions, and assumes that comments from the client and/or Ecology do not require substantial revisions to the remedial alternatives considered or additions to the report. Task 4 — Draft Cleanup Action Plan LAI will prepare a client draft and final draft version of a dCAP in compliance with MTCA (WAC 173- 340-380). The dCAP will include a description of the proposed cleanup action; a summary of other cleanup action alternatives considered; cleanup standards for each contaminant and media of concern at the Site; an implementation schedule; a description of institutional controls (if necessary); applicable, relevant, and appropriate requirements for the cleanup from state and federal law; and a description of where and how on -Site containment is used (if applicable) and the quantity and levels of hazardous substances remaining at the Site. This task also includes meetings or negotiations with Ecology and/or preparation and support for a public comment/participation period for review and final approval of the dCAP. Accordingly, this task includes: September 5, 2018 3 Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 7 Landau Associates • Up to two meetings with Ecology and/or the public in Yakima (10 hours each including preparation of supporting materials and travel time) and two conference calls that will be attended by up to 2 LAI project team members. • Other minor supporting activities related to the dCAP, such as miscellaneous information requests from Ecology. This task does not include preparation of the final CAP or any tasks beyond the scope of work identified in the AO. Schedule LAI is prepared to begin work on this project immediately upon receipt of notice to proceed. To the extent applicable, the schedule will be dictated by the schedule identified in the AO, the roadway construction schedule, and the duration of client and Ecology review and approval times for each submittal. In the event that it is determined that it will not be feasible to meet the AO submittal deadlines to Ecology due to circumstances outside LAI's control (e.g., needed information not provided by the roadway design team) or it is otherwise decided by the City/attorneys that additional time is needed for planning or strategic purposes or due to roadway project schedule delays, LAI will work with the City to determine a new schedule and request an appropriate deadline extension from Ecology. Given the complex nature of the AO services and the complex nature of the Cascade Mill Redevelopment Project, LAI will provide all deliverables outlined in the Tasks above with sufficient lead time for attorney, City, other consultant (where appropriate) review of these submittals. For example, the FS will be provided one month prior to initial submission to Ecology. LAI's scope of services will include a call outlining each major deliverable and an explanation and presentation of the same. LAI will prospectively provide these elements as part of its project management strategy with reserved dates and times for each deliverable upon execution of this SOW, even as placeholder calendar invites. Estimated Cost The estimated cost for the scope of services outlined above was developed on a cost plus fixed -fee basis consistent with the Local Agency Guidelines (LAG) Manual prepared by the Washington State Department of Transportation (WSDOT). The estimated costs are detailed below by task and a Consultant Fee Determination Summary Sheet (Exhibit E-1; updated) is attached. September 5, 2018 4 Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 8 Landau Associates Task Estimated Budget Task 1. Strategic and Regulatory Support for Agreed Order Project Management $68,500 Task 2. Updated Conceptual Site Model $8,000 Task 3. Feasibility Study $100,000 Task 4. Draft Cleanup Action Plan $44,000 Transfer existing Interim Action Work Plan budget to roadway project (project 1148009.010) 3 $20,0Oi Estimated Total Cost $200,500 Approval of this additional estimated budget will increase the total authorized contract value from $324,500 to $525,000. As noted above, our services will be provided on a cost plus fixed -fee basis consistent with the WSDOT LAG Manual. Estimated labor costs have been developed based on direct labor costs established as the "Not -To -Exceed" labor rate for each LAI billing category calculated using our approved 2017 WSDOT overhead rate (updated since last Change Order). However, labor charges will be accrued based on the actual direct labor rate for the LAI staff member(s) working on the various aspects of the project. We anticipate that our services for this project will be conducted under our existing agreement for services related to the City of Yakima former Yakima Landfill. If the scope of work in the AO is increased or requires a higher level of effort than assumed based on unforeseen conditions or circumstances, we will bring these to your attention and seek modification to this scope of services and budget, as appropriate. Personnel Piper Roelen, PE, will continue to act as LAI's project manager for this effort. Piper has more than 22 years of experience in environmental engineering and hazardous materials investigation and cleanup. Piper may also be supported by other engineers, geologists, or qualified staff scientists with experience with hazardous materials cleanups, landfill gas mitigation, and roadway construction, who may provide field services and technical support for this project under his direction. Authorization Our services can be authorized by signing the attached authorization form, or by the City's preferred method. An email authorization to proceed is acceptable. Such authorization would be interpreted as acceptance of the scope, cost, terms, and conditions described in this proposal. We appreciate the opportunity to submit this proposal and look forward to providing assistance on this project. Please contact us if you have any questions regarding this proposal. 3 Per Foster Pepper PLLC direction, existing budget transferred to roadway project authorized budget for purposes related to insurance carrier accounting. September 5, 2018 5 Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 9 Landau Associates Thank you for giving Landau Associates the opportunity to submit this proposal. We look forward to working with you on this project. LANDAU ASSOCIATES, INC. Piper M. Roelen, PE Principal PMR/JMD/IjI 1148008.040 X:\C_Yakima\2018-06 Yakima LF_AO Interim Action_FS_CAP\YakimaLF_AO-FS_CO#2_revl_090518.docx Attachments: Exhibit E-1: Consultant Fee Determination Summary Sheet cc: Brett Sheffield, City of Yakima Kurt Peterson and Andy King, Foster Pepper PLLC September 5, 2018 6 Closed City of Yakima Landfill — Revised Scope of Services (Change Order No. 2) 10 Landau Associates AUTHORIZATION The scope of services and contractual conditions as described in this proposal and its attachments are accepted and Landau Associates, Inc. is authorized to proceed. By For Signature* Printed Firm* Date *Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing. Request for Scope and Budget Revision (Change Order #2) Execution of Agreed Order Scope of Work Closed City of Yakima Landfill Site Yakima, Washington September 5, 2018 7 Exhibit E-1 Consultant Fee Determination Summary Sheet (Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work) Project: Closed City of Yakima Landfill Site - Execution of Agreed Order Scope of Work Consultant: Landau Associates, Inc. Direct Salary Cost (DSC): Classification Principal Senior Associate Associate Senior Senior Project Project Senior Staff Senior Technician II Staff Assistant/Senior Technician I Project Coordinator CAD/GIS Technician Technician Support Staff Hours = 44 X 342 X 129 X 374 X 18 X O X O X O X O X O X 264 X 106 X O X 13 X X Direct Salaryl) _ $84.62 $62.50 $49.23 $50.00 $40.29 $36.25 $32.26 $35.24 $30.00 $19.48 $32.50 $36.06 $20.00 $24.79 1290 Total Direct Salary = Overhead Cost 2) @ 212.53% of Direct Labor Cost = Fixed Fee @ 30% of Direct labor Cost = Total Direct Labor = Subconsultants and Reimbursables:3) Travel Expenses (mileage, meals, lodging) Survey Subcontractor Utility Locate Subcontractor Laboratory Testing Drilling Subcontractor Excavator Subcontractor Shipping Non -Labor Expenses (equipment, etc.) Waste disposal Consultant Total = Cost $3,723.08 $21,375.00 $6,350.77 $18,700.00 $725.19 $0.00 $0.00 $0.00 $0.00 $0.00 $8,580.00 $3,822.36 $0.00 $322.27 $63,598.67 $135,166.26 $19,079.60 $217,844.54 $800.00 $0.00 $0.00 $0.00 $0.00 $0.00 $200.00 $1,500.00 $0.00 $2,500.00 $220,344.54 Notes: 1) Direct Salary based on Not -To -Exceed amounts per billing category. 2) Overhead Rates using independent CPA audited OH Rate from FYE 06/30/2017. 3) Subcontractor and reimburesable expenses include a markup not to exceed 12%. IRS allowable mileage charges apply. Prepared By: P. Roelen Date: 7/2/2018 11