HomeMy WebLinkAboutR-2018-111 Mill Site Cleanup Plan Agreement with Landau Associates; Agreed OrderRESOLUTION NO. R-2018-111
A 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
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.
,*
Sonya Claar dee, City Cle;k . 1
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14 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) 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,' 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) 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) 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)
Landau Associates
a$
Estimated Budget:
$68,500
$8,000
$100,000
$44,000
Task 1. Strategic and Regulatory Support for Agreed Order/Project Management
Task 2. Updated Conceptual Site Model
Task 3. Feasibility Study
Task 4. Draft Cleanup Action Plan
Transfer existing Interim Action Work Plan budget to roadway project (project 1148009 O10) 3 -$20,000-1
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) 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\VakimaLF_AO-FS_CO#2_rev1_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) 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
d i r /nerd
Printed
*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
CITY CONTRACT NO:
RESOLUTION NO: — LII _i21
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 = Direct Salary) = Cost
44 X $84.62 $3,723.08
342 X $62.50 $21,375 00
129 X $49.23 $6,350.77
374 X $50 00 $18,700.00
18 X $40 29 $725.19
0 X $36.25 $000
0 X $32.26 $000
0 X $35.24 $000
0 X $30.00 $0 00
0 X $19.48 $0 00
264 X $32.50 $8,580.00
106 X $36.06 $3,822.36
0 X $20.00 $0.00
13 X $24.79 $322.27
X
1290 Total Direct Salary = $63,598.67
Overhead Cost2) @ 212.53% of Direct Labor Cost = $135,166 26
Fixed Fee @ 30% of Direct labor Cost = $19,079.60
Total Direct Labor = $217,844.54
Subconsultants and Reimbursables:31
Travel Expenses (mileage, meals, lodging) $800.00
Survey Subcontractor $0.00
Utility Locate Subcontractor $0 00
Laboratory Testing $0 00
Drilling Subcontractor $0 00
Excavator Subcontractor $0 00
Shipping $200 00
Non -Labor Expenses (equipment, etc.) $1,500 00
Waste disposal $0.00
$2,500 00
Consultant Total = $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
1
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