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HomeMy WebLinkAboutR-2002-097 Floyd Snider McCarthy, Inc. Contract Amendment No. 4 (re: Gailleon Park)RESOLUTION NO. R-2002- 97 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute Contract Amendment No. 4 with Floyd Snider McCarthy, Inc. for environmental consulting services at Gailleon Park, Yakima, Washington. WHEREAS, the City requires environmental consulting services to remediate soil contamination at Gailleon Park, Yakima, Washington; and WHEREAS, on January 16, 2001, the City Council authorized execution of an environmental consulting services contract with Floyd & Snider, Inc. (now Floyd Snider McCarthy, Inc.) for environmental consulting services for Kissel Park; and WHEREAS, on February 1, 2001, the City and Floyd & Snider, Inc. executed said contract; and WHEREAS, on May 15, 2001, the City Council authorized Amendment No. 1; on September 25, 2001, the City Council authorized Amendment No. 2; and on March 5, 2002, the City Council authorized Amendment No. 3 of said contract to provide for additional environmental consulting services beyond those specified in the original environmental consulting services contract; and WHEREAS, it is now evident that additional environmental consulting services beyond those specified in the original environmental consulting services contract and subsequent Amendments are necessary in order to facilitate environmental cleanup of Gailleon Park; and WHEREAS, Floyd Snider McCarthy, Inc. is willing to perform these additional engineering services required by the City in accordance with the terms and- conditions of the attached July 2, 2002 proposal and Amendment No. 4 to the original environmental consulting services contract; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached amendment to the environmental consulting services contract with Floyd Snider McCarthy, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated Amendment to the February 1, 2001 environmental services Ms/Floyd Snider contract with Floyd Snider McCarthy, Inc. in order to facilitate environmental cleanup of Gailleon Park, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 16th day of July, 2002. ATTEST: Kms.,.... „d 6.--6.� City Clerk Ms/Floyd Snider 2,7a, ZL, Mary Place, Mayor Floyd Snider McCarthy, Inc. Strategy & Technical Solutions for Contaminated Propertics July 2"d , 2002 Mr. Christopher Waarvick Public Works Director, City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 83 South King Street Suite 614 Seattle. Washington 98104 tel: 206.292.2078 fax: 206.682.7867 RE: Kissel Park Contract Adjustment to Investigate and Develop Cleanup Plan for Gailleon Park, Yakima WA Dear Chris: At the request of Denise Nichols, we are providing you with this fourth addendum to the existing contract for environmental services related to cleanup of lead arsenate at Kissel Park. This proposal, if accepted, would amend our contract by authorizing an increase in the contract ceiling for the purpose of assisting the City of Yakima with the investigation and cleanup of lead arsenate in soils at Gailleon Park. The city desires to develop the Park into a new Senior Citizens Center. We understand that the site was once the location of a pear orchard. Preliminary testing by the Department of Ecology indicates that the surface soils may be contaminated with lead and arsenic. According the Ms. Nichols, the City will perform the cleanup of the site as a Voluntary Cleanup Action, with paid assistance and review from the Department of Ecology. The City may be eligible for reimbursement of certain cleanup expenses through grant funds available from the Department of Ecology's Voluntary Cleanup Program. The City desires a very low cost investigation and cleanup, with significant assistance provided by the Department of Ecology. As most of the site will be paved, we foresee a simple cleanup action in which the contaminated soils are relocated under pavement. The Department of Ecology (Mr. Norm Heppner) will assist with the investigation by using the newly -purchased XRF meter to test samples. We will coordinate with Mr. Heppner by jointly developing a sampling plan. We will assist Mr. Heppner with the collection of the appropriate number of samples, estimated to be around 20. The Department of Ecology will pay of all sampling, costs. Based on the sampling results, we will develop a brief Cleanup Action Plan. Following this, we will work with the City's architect to incorporate the critical elements of the CAP into the plans and specifications. Following selection of a contractor, we will provide assistance as needed for the actual cleanup action. Following cleanup, the Department of Ecology will collect samples to verify the cleanup action met its goals. Following this, we will prepare a brief summary report documenting the cleanup action. Ecology will review this report and use it as the basis for 'assigning a "No Further Action" designation to this site. Macintosh HD:Documents:Microsoft User Data:Outtook User Data:Temporary ttems:Addendum for Galilean Park. clot is Page 1 of 2 Mr. Christopher Waarvick July 2, 2002 Floyd Snider McCarthy, Inc. Adjustment of Contract Ceiling Floyd Snider McCarthy, Inc. will be responsible for the above scope at a time and material cost of $12,500. This cost includes the following items: 1. Develop a sampling approach with Ecology, travel to the site and collect samples with the Department of Ecology. ($2,000). 2. Analyze sampling data, develop a draft and final Cleanup Action Plan, approximately 5-6 pages, including 2 drafted figures. ($4,500). 3. Work with the selected Architect to incorporate the Cleanup into the Plans and Specs for the Park. (not to exceed 12 hours- $1,500). 4. Coordinate with the Department of Ecology for post cleanup confirmation sampling to be performed by the Department of Ecology. (12 hours- $1,500) 5. Produce a brief letter report (5-7 pages) documenting the cleanup action. ($3,000) Floyd nider McCarthy, Inc. City of Yakima homas H. Colligan Senior Pro' ctMa62 9r� ger L Date Chris Waarvick Public Works Director Date City of Yakima Richard A. Zais, Jr. City Manager Date CITY CONTRACT NO' ,�/ ��,'12 RESOi UTION HO: I 7,9M00='? Macintosh HD:Documents:Microsoft User Data:Outlook User Data:Temporary Items:Addendum for Gailleon Park.doc is 07/02/02 Page 2 of 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: 7/16/02 ITEM TITLE: Consideration of Resolution Authorizing Execution of Contract Amendment No. 4 With Floyd Snider McCarthy for Environmental Consulting Services at Gailleon Park SUBMITTED BY: Chris Waarvick, Public Works Director Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Denise Nichols/576-6416 SUMMARY EXPLANATION: Staff respectfully requests Council consideration of the attached resolution authorizing a contract amendment with Floyd Snider McCarthy for environmental consulting services for the Gailleon Park property at 65th and Summitview. The original contract was approved by City Council at the January 16, 2001 Business meeting. Floyd Snider McCarthy is currently engaged with the City for Kissel Park. development activity with respect to the mitigation of the lead/arsenic contamination of the soil. Their efforts have allowed for the detailed identification of soil contamination, mitigation measures acceptable to the Department of Ecology (Ecology) and the ultimate successful award of a remedial action grant exceeding $500,000 at Kissel Park. Over the last 18 months, the City has been engaged with a philanthropic foundation highly motivated to provide the community a new senior center. After many discussions, the donor indicated that the Gailleon. Park site at 65th and Summitview was the foundation's preferred location. Staff then had discussions with Ecology concerning the relative likelihood that the soil at Gailleon Park would have low-level soil contamination similar to Kissel Park because of their common agricultural history. Indeed, preliminary testing indicates lead and arsenic contamination similar to that at Kissel Park. (...Continued...) Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Please send to Parks & Recreation for Signature. Funding Source: Parks Capital" u et $12,500. APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests Council approval of the attached resolution authorizing execution of Agreement Amendment No. 4 with Floyd Snider McCarthy for environmental consulting services. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2002-97 Floyd Snider Page two Further discussions with Ecology led staff to Ecology's Voluntary Clean-up Program (VCP). Under this program, mitigation costs, including consulting services, up to $200,000 are eligible for 75% reimbursement to a public entity. Staff has submitted an application for this site under Ecology's VCP for remediation- activity. Floyd Snider McCarthy under this contract would provide the mitigation plan consistent with the design for the new Senior Center that the foundation is currently creating. Staff appreciates that Council has not had the opportunity to formally review the new Senior Center design and formally provide approval to the effort. This approval mechanism will be brought forth through a specifically tailored license agreement between the foundation and the City for the time period of construction followed by "turn -key" release of the site and facility back to the City. This license agreement is anticipated to be brought before Council in early August. In any event, staff believes it is in the best interest of the site and the project to begin now on the soil remediation efforts — those obligations belong solely to the City under any scenario at any future time. The remediation measures must be consistent with the foundation's design concepts and details for it to be successful. gp environmental 7/11/02 cw Summitview Ave �ail�eo� City of Yakima Gailleon Pak Mosaic of Digital Or hophotography flown 03/12/94 ,s/ Gailleon Park 4°,I•■ 4• Scale —lin = 200ft 0 100 200 Created: July 11, 2002 Floyd Snider Inc. 83 South King Street Suite 614 Seattle, Washington 98104 tel. 206.292.2078 fax: Strategy & Technical Solutions for Contaminated Properties McCarthy,✓ 206.682.7867 September 25, 2001 Mr. Christopher Waarvick Public Works Director, City of Yakima 2301 Fruitvale Boulevard Yakima, WA 98902 Dear Chris: At your request, we are pleased to provide you with this second addendum to the existing contract for environmental services related to cleanup of Kissel Park. We have recently achieved many milestones, including completion of the final Cleanup Action Plan, award of an Ecology remedial action grant, completion of park plans and specs, and an accurate cost estimate. Future work is solely related to the actual cleanup of the park; however, our current budget ceiling of $101,000 has been reached. Therefore, I am requesting that you approve this additional addendum so the four tasks below can be performed. This proposal, if accepted, would amend our contract by authorizing costs for three tasks related to park construction. The fourth task is a discretionary one related to grant funding. The first three tasks were originally described in the first contract addendum (letter to you dated May 8, 2001). The estimated amounts for each task remain the same except for Task 2, which has increased by $2,000 to cover the extra cost of sampling and cleanup oversight in Areas 2 and 4 that now will be excavated instead of covered. Please remember that the first three tasks are eligible for 75 percent reimbursement from the recently awarded Ecology grant as they are directly related to the cleanup of Kissel Park. 1. Develop a Maintenance Plan. The required Maintenance Plan describes how the City of Yakima (City) will handle contaminated soil when performing utility or other subsurface work following completion of the park, as well as including procedures for inspecting and maintaining the soil cover, turf, and paved areas. Estimated Cost: $2,400. 2. Construction Support and Confirmation Sampling. During construction, we will be available, as necessary, to provide support to the contractor and field inspector to ensure that the cleanup action is implemented as designed. We must also collect 12 to 16 confirmation samples from excavated or deep tilled areas to document that these areas are permanently cleaned up. Estimated Cost: $8,800. 3. Final Documentation. The final documentation will be a brief summary report of approximately 15 pages to document that the cleanup of Kissel Park was accomplished in accordance with the Cleanup Action Plan. The summary report will consist of several pages of text followed by copies of field logs, site photographs, and soil sample analytical results. Estimated Cost: $2,050. C:\WINDOWS\TEMP\SecondAddFieldW ork 092501.doc Ik 02/19/02 Page 1 of 3 Mr. Christopher Waarvick September 25, 2001 Floyd Snider McCarthy, Inc. 4. Other Support as Necessary. Provide support for the City, via written correspondence or other communication, to lobby for Kissel Park to receive supplemental Ecology grant funding. Also provide other assistance as deemed necessary by the city. Estimated Cost: $1,800. REASONS FOR EXTRA COSTS TO COMPLETE EXISTING TASKS The scope of the original 2000 contract and the May 8 addendum contain a series of tasks, with a cost estimate for each task. The assumptions used to estimate the cost for each task were preliminary and, therefore, did not accurately account for the actual effort required to complete the tasks. The beyond -scope tasks are described below. RI/FS and Cleanup Action Plan. The number of samples collected for the RI was greater than originally estimated. Ecology requested changes to the Cleanup Action Pian document after it was issued final, so the document was revised and reissued. The amount of funding provided by Ecology for the tilling pilot test was insufficient to cover the analysis of the data and the analysis of the Pilot test data required considerable more effort then estimated. Cost Estimate Review and Assistance. We provided substantial assistance to KDF's cost estimator, Roen Associates, in order to develop construction cost estimates. Cost estimating was not a scoped task and involved considerable effort. Grant Application. This task required substantially more effort than was budgeted due to the unforeseen complexity of the grant application, which involved a number of conference calls to develop strategy, prepare and review the grant application by Preston Gates, coordinate the costs in the grant application with the cost estimate, prepare cover letters, revise the grant application at the request of Ecology, track grant application progress, and develop a spending schedule and acceptance letter. Assisting KDF with Cleanup Plans and Specs. Substantially more effort was spent reviewing and revising the plans and specs prepared by KDF. We participated in a number of unplanned conference calls and prepared detailed comments to the plans and specs to reflect the approved cleanup action and facilitate easy implementation by the contractor. ADJUSTMENT OF CONTRACT CEILING Floyd Snider McCarthy, Inc. will be responsible for the above task items at an estimated time and material cost of $15,050 according to the rate table agreed upon in our existing contract. This will augment our existing contract maximum of $101,000 to $116,050. Please note that the cost estimates for each of the above scope items are based upon professional judgment and experience with projects of similar complexity and scope. Even so, please note that these are estimates only and subject to change due to unexpected site conditions, extent of regulatory involvement, and other variables typical of environmental projects. C:\WINDOWS\TEMP\SecondAddFieldW ork 092501.doc Ik 02/19/02 Page 2 of 3 Mr. Christopher Waarvick September 25, 2001 Floyd Snider McCarthy, Inc. Floyd Snider McCarthy, City of Yakima Inc. Thomas H. Colligan Senior Project Manager Date City of Yakima Q.SakDocc24-0(4 Chris Waarvick Public Works Director 3 iqo2- Dat ATTEST: Richard A. Zais, Jr. City Manager Ykti,-t.L.&. 7� .. 0 v - Date City Clerk Contract No. 2002-14 Resolution No. R-2002-19 C:\WINDOWS\TEMP\SecondAddFieldW ork 092501.doc Ik 02/19/02 Page 3 of 3 RESOLUTION NO. R-2002- 19 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract modification regarding an environmental consulting services contract with Floyd Snider McCarthy, Inc., in order to complete environmental cleanup of Kissel Park, Yakima, Washington. WHEREAS, the City requires environmental consulting services to assist with the cleanup and development of Kissel Park, Yakima, Washington; and WHEREAS, on January 16, 2001, the City Council authorized execution of an environmental consulting services contract with Floyd & Snider, Inc. (now Floyd Snider McCarthy, Inc.) for said environmental consulting services; and WHEREAS, on February 1, 2001, the City and Floyd & Snider, Inc. executed said contract; and WHEREAS, on May 15, 2001, the City Council authorized modification of said contract to provide for additional environmental consulting services beyond those specified in the original environmental consulting services contract; and WHEREAS, it is now evident that additional environmental consulting services beyond those specified in the original environmental consulting services contract and subsequent modification are necessary in order to complete environmental cleanup of Kissel Park; and WHEREAS, Floyd Snider McCarthy, Inc. is willing to perform these additional engineering services required by the City in accordance with the terms and conditions of the attached September 25, 2001 proposal and modification to the original environmental consulting services contract; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached modification to the environmental consulting services contract with Floyd Snider McCarthy, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated modification to the February 1, 2001 environmental services res/floyd & snider contract mod/pm contract with Floyd Snider McCarthy, Inc. in order to complete environmental cleanup of Kissel Park, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 5th day of March, 2002. ATTEST: City Clerk res/floyd « snider contract mod/prn ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: March 5, 2002 Resolution Authorizing Contract Extension with Floyd & Snider, Inc. for Kissel Park Construction Phase Services SUBMITTED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6005 Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of a contract extension for park construction overview of specialized environmental services associated with the implementation of the action plan requirements for the Kissel Park project. This contract extension is necessary in order to continue overall environmental monitoring in concert with the Department of Ecology for remedial redevelopment and cleanup of Kissel Park. This amendment will be known as Contract Modification #2 to Service Agreement 2001-04 dated February 1, 2001. It is for $15,050 and includes four additional tasks to augment existing funding as outlined in attached scope of services portion of the document. Resolution X Ordinance Other (Specify ) Contract X Mail to (name and address) : Floyd and Snider, Inc., 83 South King Street, Suite 614, Seattle, WA 98104 Phone : Funding Source: Parks Capital Project #1800, $15,050 for this project element APPROVED FOR SUBMITTAL : City Manager STAFF RECOMMENDATION: Staff respectfully requests Council to adopt the Resolution authorizing Amendment Modification No. 2 to the Kissel Park Project Service Agreement 2001-04. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO_ R-2002-19 F1oyd:7- Snidehnc. Strategy and Technical Solutions for Contaminated Properties May 8th, 2001 83 South King Street Suite 614 Seattle, Washington 98104 206.292.2078 Fax 682.7867 Mr. Christopher Waarvick Public Works Director, City of Yakima 2301 Fruitvale Blvd. Yakima, WA 98902 RE: Contract Modification #1 to Service Agreement 2001-04, dated 2/1/01. Dear Chris, At your request, we are pleased to provide you with this contract modification to the existing contract referenced above for environmental services related to cleanup and development of Kissel Park. This proposal amends our initial proposal letter of January 11th 2001 by including additional scope for work following completion of the Cleanup Action Plan. The scope of the original contract did not include work elements beyond the Cleanup Action Plan. With the exception of Item 1, which is 100% reimbursable, all of the below task items are eligible for 75% reimbursement from the city's grant with the local Ecology Toxics Account 1. Increase by $3,000 (to a total of $28,000) the budget of the pilot test task scoped out in our original contract. The increase is to pay for additional laboratory analysis requested by Ecology. This work was performed under a Memorandum of Agreement between the city and Ecology, in which Ecology has agreed to fund in its entirety. 2. Work with Ecology, the city, the park architect and civil engineer to blend the necessary cleanup elements such as storm water retention, irrigation, grading, capping, etc. into the park design. This will involve discussions with all parties to make sure that the elements of the cleanup action plan are designed to fulfill their objectives, as well as review of the design drawings and bid documents. Estimated cost: $8,850. 3. Assist the City in preparing the follow up remedial action grant application. This will involve preparing the grant application, reviewing the costs, and working with the Grant Specialist at Ecology to ensure that the grant is being processed. Estimated Cost: $1,600. 4. Attending a project meeting in Yakima on April 30th, 2001 to discuss the draft Cleanup Action Plan, as well as attending a public meeting (if requested) on the Cleanup Action Plan in May 2001. Estimated Cost: $2,500. 5. Develop a Maintenance Plan. This plan will cover how the city will handle contaminated soil when performing subsurface work at the park as well as Cube HD:Desktop Folder:Chris's Files:Parks and Rec Stuff:Kissel Park:addendumlto orginal scope.doc osinA/n1 Page 1 of 2 Mr Christopher Waarvick d & Snider Inc. Flo April 24, 2001 }T inspecting and maintaining the soil cover, turf, and paved areas. Estimated Cost: $2,400. 6. Collection and Analysis of Additional Soil Samples. Collection and analysis of five soil samples was necessary to see if the excavation depth in Area 3 could be reduced from 2 feet to 1.5 feet. Estimated Cost: $1,000. 7. Construction Support and Confirmation Sampling. During construction, we will provide support, as necessary, to the contractor and field inspector to ensure that the elements of the cleanup action plan are constructed or implemented as designed. We will also collect confirmation samples from tilled/excavated areas to document that the cleanup levels are achieved. Estimated Cost: $6,600. 8. Final Documentation: This will involve preparation of a brief summary report of approximately 15 pages to document that the cleanup objectives of Kissel Park were achieved. This will include several pages of text followed by copies of field Togs, site photographs, and soil sample analytical results. Estimated Cost: $2,050 Floyd & Snider Inc. will be responsible for the above task items at an estimated time and material cost of $28,000 according to the rate table agreed upon in our existing contract. This will augment our existing contract maximum of $73,000 to $101,000. However, of this amount, $28,000 is for performing the deep tilling pilot test. As mentioned above, the Department of Ecology is funding the pilot test in its entirety, with no matching funds coming from the city. The city will receive $28,000 from Ecology to pay the invoice for the pilot test. Therefore, the total budget amount responsible for 75% matching funds will now be $78,000. Please note that our cost estimates given for each of the above scope items are based upon professional judgment and experience with projects of similar complexity and scope. Even so, please note that these are estimates only and subject to change due to unexpected site conditions, extent of regulatory involvement, and other variables typical of environmental projects. Thomas H. Coiligan Senior Project Manager Floyd & Snide Inc. Date: 4s /y�,i> Chris Waarvick Public Works Director City of Yakima Date: 2- Richard A. Zais, Jr. City Manager City of Yakima Date: 5 - / 6 1 City Contract No. 2001-50 Resolution No. R-2001-75 Cube HD:Desktop Folder:Chris's Files:Parks and Rec Stuff:Kissel Park:addendumlto orginal scope,doc nsroRini Page 2 of"2 1 M Ii J.'s' M. FIQArs''tr or YAKIMA WASHit4CT0N KEE'FFt; 1 -tai ANFL.G.'� i:t.r.AH or :V41tM.�i H3' THF OF LAI IMF'li 013V AHSfN.1TS OF 1 E t.O Page 1 of 1 file://A:\34worms.Jpg 04/25/2001 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item NoT/0 For Meeting of: May 15, 2001 Resolution Authorizing Contract Amendments with Floyd & Snider, Inc. for Kissel Park Construction Phase Professional Services SUBMI1"1'ED BY: Chris Waarvick, Director of Public Works Denise Nichols, Parks and Recreation Manager CONTACT PERSON/TELEPHONE: Chris Waarvick, 575-6005 Denise Nichols, 575-6020 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager and the City Clerk to execute the attached contract amendment with Floyd & Snider, Inc. for specialized Kissel Park construction phase professional services. This amendment will be known as Contract Modification #1 to Service Agreement 2001-04 dated February 1, 2001. (Continued...) Resolution X Ordinance Other (Specify ) Contract X Mail to (name and address) : Floyd and Snider, Inc., 83 South King Street, Suite 614, Seattle, WA 98104 Phone : Funding Source: Parks Capital Project #1800, $28,000 for this project element APPROVED FOR SUBMITTAL : ' City Manager STAFF RECOMMENDATION: Staff respectfully request Council to adopt the Resolution authorizing Amendment Modification No. 1 to the Kissel Park Project Service Agreement 2001- 04. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-75 Council authorized the original contract on January 16, 2001, by Resolution No. R-2000-8. The services contained in that original contract have been substantially completed. The City has executed an Agreed Order with Ecology, completed a Remedial Investigation and Feasibility _...._.... ���-_ �__ __�___ ___ completed Study, nearly completed the Cleanup Action Plan, and has tentatively scheduled a public meeting with Ecology on this matter for late May 2001. The City has also completed the Pilot Study which is fully funded by Ecology. A grant application has been prepared and submitted to Ecology for their review. Ecology will then prepare an offer letter outlining its proposed contribution to the cleanup action. KDF Architecture will incorporate the Cleanup Action Plan into detailed design and construction specifications for invitation to bid, and bid award. Staff is holding to a schedule which anticipates construction start by late summer, early fall. The Class III Review on the proposed park development is scheduled for May 24, 2001 with Phil Lamb, Hearing Examiner. This contract amendment is for $28,000 and includes eight tasks as outlined in the May 8, 2001 letter from Floyd & Snider, Inc. Also attached is a postcard which staff believes you may find interesting. Please note the use of "personal protective equipment" in the spraying operation. RESOLUTION NO. R-2001- 75 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a contract modification regarding an environmental consulting services contract with Floyd & Snider, Inc., in order to complete environmental cleanup of Kissel Park, Yakima, Washington. WHEREAS, the City requires environmental consulting services to assist with the cleanup and development of Kissel Park, Yakima, Washington; and WHEREAS, on January 16, 2001, the City Council authorized execution of an environmental consulting services contract with Floyd & Snider, Inc. for said environmental consulting services; and WHEREAS, on February 1, 2001, the City and Floyd & Snider, Inc. executed said contract; and WHEREAS, it is now evident that additional environmental consulting services beyond those specified in the original environmental consulting services contract are necessary in order to complete environmental cleanup of Kissel Park; and WHEREAS, Floyd & Snider, Inc. is willing to perform these additional engineering services required by the City in accordance with the terms and conditions of the attached "Contract Modification #1" to the original environmental consulting services contract; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to authorize execution of the attached modification to the environmental consulting services contract with Floyd & Snider, Inc., now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated "Contract Modification #1" to the February 1, 2001 environmental services contract with Floyd & Snider, Inc. in order to complete environmental cleanup of Kissel Park, Yakima, Washington. ADOPTED BY THE CITY COUNCIL this 15th dayof May, 2001. ATTEST: ,Q f City Clerk res/floyd & snider contract mod/pm Mary Place, Mayor SERVICE AGREEMENT PARTIES. This Service Agreement is made as of the last date written below between The City of Yakima, Washington ("Client") and Floyd & Snider Inc. ("Floyd & Snider"). PROJECT. Client retains Floyd & Snider to provide professional environmental consulting services in regard to the environmental study, cleanup, and assistance in receiving reimbursement of eligible costs from Ecology of Kissel Park located in Yakima,WA ("Project"). SCOPE OF SERVICES. The Scope of Services to be performed by Floyd & Snider on the Project is described on the attached Exhibit A. CONTRACT DOCUMENTS. The following documents are incorporated into and made part of this Service Agreement: x Exhibit A — Proposal/Scope of Services, letter dated 1/11/01 x Schedule of Charges The documents indicated above, along with this Service Agreement, shall collectively constitute the "Contract Documents". In case of conflict between provisions in two or more of the Contract Documents, the order of precedence shall be, first, the provisions in this Service Agreement, and then the documents indicated above in descending order. The Contract Documents together represent the entire and integrated agreement between Client and Floyd & Snider and supersede all prior negotiations, representations or agreements, whether oral or written. The Contract Documents may be amended only by a written instrument signed by both Client and Floyd & Snider. FEE. Floyd & Snider agrees to provide services described in this Service Agreement on the following basis: x Time and expense in accordance with the attached Schedule of Charges. Floyd & Snider estimates the total fee will not exceed $73,000.00 without Client's authorization. This fee estimate is intended as a good faith projection of the fee based on Floyd & Snider's current level of knowledge regarding Client's needs. Lump sum basis for a total fee of $ This fee quotation is effective provided that Floyd & Snider receives Client's authorization to proceed within thirty days after the date of this Service Agreement. SCOPE AND FEE REVISIONS. Client recognizes the scope and fee required for successful completion of Floyd & Snider's services on the Project can be influenced by changes in the Project and its schedule required by Client, or by presently unforeseen conditions and circumstances. In order to prevent delays and possible resulting costs, Floyd & Snider may request Client to verbally authorize a scope and fee amendment to this Service Agreement. Should Client authorize a revision without written amendment, Floyd & Snider shall be compensated for services actually performed. RISK ALLOCATION. Many risks potentially affect Floyd & Snider by virtue of entering into this Service Agreement. Floyd & Snider's fee stated herein does not include more than a nominal allowance to cover Floyd & Snider's liability in assuming these risks. To obtain this benefit, Client agrees that, to the fullest extent permitted by law, Floyd & Snider's total liability to Client is limited to an amount not to exceed the total fee paid under this Service Agreement or $50,000, whichever is greater, for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this Service Agreement from any cause or causes. Such causes include, but are not limited to, Floyd & Snider's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. In the event Client makes a claim against Floyd & Snider, at law or otherwise, for alleged negligence, error, omission, breach, or other act arising out of the performance of Floyd & Snider's professional services, and Client fails to prove such claim, Client shall pay all costs incurred by Floyd & Snider in defending itself against the claim. C:\TEMP\Service Agmt with T C.doc Page 1 of 4 Rev. 1/98 Client will not seek damages in excess of the above limitation indirectly through suits with other persons or entities not signatory hereto who may join Floyd & Snider as a third -party defendant. Both Client and Floyd & Snider agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this Service Agreement. RELATIONSHIP. Floyd & Snider is an independent professional consultant and not an employee or agent of Client. RIGHT OF ENTRY/UTILITIES. Client warrants that it has the right to furnish, and shall furnish, right of entry for Floyd & Snider, its employees, agents and its subcontractors. Client shall provide to Floyd & Snider information regarding the property location, property limits, the location of any buried utilities or structures, and shall identify and assist Floyd & Snider in obtaining any requirements for entry or work permits, security clearances, licenses, or any other required permissions. Floyd & Snider, along with its employees and subcontractors, shall have no responsibility to Client resulting from damage done to utilities or underground structures (pipes, tanks, pipelines, etc.) whose locations are not accurately indicated on documents provided by Client or the owners of the utilities. Any pre-existing damage to utilities or underground structures coming to the attention of Floyd & Snider will be brought to Client's attention and shall be the sole responsibility of Client. DOCUMENTS. All reports, exploration logs, field data, field notes, laboratory test data, calculations, plans, specification, estimates, and other documents prepared by Floyd & Snider in performance of this Agreement (the "Work") are and remain the joint property of Client and Floyd & Snider. Floyd & Snider and Client agree not to assert any rights and not to establish any claim under patent or copyright laws with respect to the Work. Floyd & Snider agrees not to release the Work to third parties without prior Client authorization unless Floyd & Snider is required to do so by any applicable law, regulation, ordinance or court order. Floyd & Snider will retain all pertinent documents for a period of at least three years from the date of final invoice, during which period the records will be made available to Client at all reasonable times. Floyd & Snider shall be entitled to rely upon the accuracy and completeness of all documents concerning the Project which are furnished by Client. The Work may be used by the Client for any purpose without additional compensation to Floyd & Snider; provided, however, that any and all information and recommendations contained in the Work are provided for and are relevant to specific projects, as identified, and any reuse of the Work for any other purpose or any other project shall be at the Client's sole risk and without liability or legal exposure to Floyd & Snider. HAZARDOUS MATERIALS. Client shall furnish Floyd & Snider all documents and information within Client's possession and knowledge that relate to the identity, location, quantity, nature or characteristics of any hazardous materials associated with the Project. Client understands and agrees that Floyd & Snider has had no role in handling, generating, treating, storing, transporting or disposing of such hazardous materials prior to providing services for the Project. If, as part of its services, Floyd & Snider disposes of or treats any hazardous materials, Client recognizes and agrees that Floyd & Snider is acting as a bailee and at no time assumes ownership of, or title to, such materials. SAMPLES/DISPOSAL OF CONTAMINATED MATERIAL. All non -hazardous samples of soil and rock will be discarded thirty days after report submittal. Upon Client's written authorization, such samples will be either delivered in accordance with Client's instructions or stored for an agreed charge. Client understands and agrees that, unless specifically provided otherwise in this Agreement, any hazardous materials or samples will be left on-site or returned following evaluation, and their proper handling and disposal is the sole responsibility of Client. STANDARD OF CARE. Floyd & Snider will conduct its services in a manner consistent with generally accepted professional standards or the level of care and skill exercised by professional consultants and engineers in the same locale under similar circumstances and time periods. No warranty or representation, either express or implied, is included or intended in Floyd & Snider's proposals, contracts, reports, and communications. Floyd & Snider's interpretations and recommendations will be based solely on information made available to Floyd & Snider by Client or by the results of borings, surveys or other explorations performed by Floyd & Snider. Client recognizes that subsurface conditions elsewhere at the Project may differ from those at the exploration locations and that conditions may change over time. INDEMNIFICATION. Client and Floyd & Snider each agree to indemnify, defend, and hold harmless the other (along with the other's officers, directors, employees, consultants and subcontractors) against all claims, damages, losses and expenses, whether direct, indirect or consequential, including, but not limited to attorneys' fees and costs on arbitration, trial or appeal, caused by or arising out of negligence of the indemnifying party, to the extent that the claim, loss, damages C:\TEMP\Service Agmt with T C.doc Page 2 of 4 Rev. 1/98 or expense is caused by that party's sole or concurrent negligence. In no event shall a party be required to indemnify the other against the other's sole negligence. SITE SUPERVISION. Floyd & Snider has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor. Unless expressly provided in the scope of services, Floyd & Snider has no duty to inspect, supervise, note, correct or report any health or safety deficiencies of Client, contractors or other entities or persons at the Project site not employed by Floyd & Snider. INSURANCE. Floyd & Snider is covered by general liability and automobile insurance. Floyd & Snider also maintains professional liability insurance with commercially reasonable limits of liability to cover negligent errors or omissions for which Floyd & Snider becomes legally obligated to pay. Certificates of insurance shall be provided to Client upon request in writing. Floyd & Snider is covered by Workers' Compensation insurance as required by applicable state law. In no event shall Floyd & Snider be liable for any loss, damage, or liability beyond the amounts, limits and conditions of such insurance. INVOICES. Floyd & Snider will submit invoices to Client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. Client agrees to pay a late payment charge of one and one-half percent per month on past -due accounts. Failure to pay invoices in a timely manner is a substantial breach of a material term of the parties' agreement, and payment of late charges does not excuse Client's failure to pay. Any attorneys' fees or other costs incurred by Floyd & Snider in collecting any delinquent amount shall be paid by Client. TERMINATION. This Agreement may be terminated without cause by either party upon fifteen days written notice or if Client suspends the work for more than three months. Floyd & Snider may suspend or terminate services if Client fails to pay past -due amounts. Except in the case of substantial failure of performance, Floyd & Snider shall be paid for services performed prior to the termination notice date plus reasonable termination expenses, including but not limited to the cost of completing analyses, records and reports necessary to document job status at the time of termination. DISPUTES. In the event of a dispute arising under this Agreement, or the breach or alleged breach thereof, the substantially prevailing party shall be awarded its reasonable costs incurred, including staff time at current billing rates court costs, expert witness fees, attorney's fees upon trial, arbitration or appeal, collection or lien fees, late payment charges and interest, and other claim related expenses. Venue for any litigation shall be the Superior Court of King County, in the state of Washington, and applicable law shall be the laws of the state of Washington. Nothing stated herein shall preclude the parties from later agreeing, in writing, to submit any dispute to arbitration or other alternative dispute resolution procedure. ASSIGNMENT/SUBCONTRACTING. Neither Client nor Floyd & Snider shall assign this Agreement to any other person or entity without the express, written consent of the other, which consent may be withheld for any reason. Subject to the foregoing restrictions on assignment, the Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Floyd & Snider may enter one or more subcontracts for the performance of some of the services undertaken by Floyd & Snider under the terms of this Agreement, provided that Floyd & Snider is ultimately liable for ensuring all work under this Agreement is conducted in a manner consistent with the level of care and skill exercised by professional engineers or consultants in the same locale under similar circumstances and time periods. MISCELLANEOUS. Third Parties. Nothing stated herein shall create a contractual relationship with or cause of action in favor of any person or entity not a party hereto. There are no intended third party beneficiaries of this Agreement, and there shall be no incidental third party beneficiaries. Notices. Notices required to be given to either party shall be delivered by first class or certified mail to the address of the party shown below unless a different address has been designated in writing. Notice shall be deemed received three business days after mailing, or if earlier, upon actual receipt. C:\TEMP\Service Agmt with T C.doc Page 3 of 4 Rev. 1/98 Severability. If any term in this Agreement is ruled to be unenforceable, all remaining terms shall continue to be in full force and effect. Survival. All terms of this Agreement allocating or limiting liability shall survive the completion of the services hereunder and the termination of this Agreement. Accrual. Causes of action between Client and Floyd & Snider (along with their respective officers, directors and employees) shall be deemed to have accrued, and the applicable statue of limitations shall commence to run, not later than the date of Floyd & Snider's final invoice for services performed and/or expenses incurred. Headings. The section headings of the Agreement have been inserted only to facilitate reference and shall have no bearing on the construction or interpretation of this agreement. EXECUTION. Executed by the parties in duplicate on the dates written below. The individuals executing this Service Agreement on behalf of the respective parties warrant that they are authorized to bind their principals hereto. Floyd & Snider Inc. 83 South King Street Suite 614 Seattle, WA 98104 By: City of Yakima ((Mnt) [Client address] By: J V-otniiry (/1 M H. &V' Richard A. Zais, Jr. (Please print or type) Title: P h rw(i)A,t Date: 4I'Ii/0► C:\TEMP\Service Agmt with T C.doc (Please print or type) Title: City Manager Date: )—/9-0/ Contract No. 2001-04 Resolution No. R-2001-8 Page 4 of 4 Rev. 1/98 F1oyd: ..r. Sniderinc. Exhibit A Strategy and Technical Solutions 83 South King Street Suite 614 Seattle, Washington 98104 206.292.2078 Fax for Contaminated Properties January 11, 2001 682.7867 Mr. Christopher Waarvick Public Works Director, City of Yakima 2301 Fruitvale Blvd. Yakima, WA 98902 Dear Chris, At your request, we are pleased to provide you with this revised proposal for technical services related to cleanup and development of the Kissel parcel as a City park. This proposal revises our earlier proposal letter of December 7th, 2000 by including the estimated costs for performing the fieldwork at Kissel Park. Floyd & Snider Inc. is an environmental consulting firm in Seattle, Washington that specializes in strategy and technical solutions for contaminated properties. We will work with Preston Gates & Ellis to achieve the following: 1. Work with the Department of Ecology in developing a cleanup action plan that integrates the cleanup remedy (e.g. capping) into the overall park development, thereby reducing the overall cost of the project from what it would otherwise be if cleanup and redevelopment were implemented separately from each other. 2. Assist the City in obtaining Ecology remedial action grant funding, thereby reducing the expense to the City in implementing the cleanup. 3. Performing the fieldwork necessary to develop a cleanup action plan. 4. Performing a field pilot study of various remedial technologies in concert with the Department of Ecology To achieve this result, we have already met with Ecology staff to discuss the project and submitted a draft work plan for remedial investigation. To be completed items include performing the remedial investigation, developing a cleanup action plan consistent with the park design, assisting Preston Gates & Ellis in the development of an agreed order with Ecology, and preparing the remedial action grant application. The level of our effort would be that required to obtain Ecology grant funding and meet all applicable Ecology assessment and cleanup requirements. Specific Scope of Services: Floyd & Snider Inc. will be responsible for the following at an estimated cost of $73,000. A breakdown of this total into tasks based on the attached rate table is quoted below. C:\TEM P\Kisselparkrevisedproposal . doc ms 01/11/01 Page 1 of 4 Mr. Christopher Waarvick January 11, 2001 EXHIBIT A Floyd & Snider Inc. • Site visit, along with arranging a meeting with Ecology ($1,200) • Supplemental meeting to discuss details of project integration (permit, scheduling, design) details with the park architect and City Parks personnel ($1,200) • Assistance in applying for grant funding; support for the development of an agreed order; and overall strategy ($2,500) • Development of a focused Work Plan for soil sampling (approx. 5-6 pages, 1 figure) for a Site Investigation ($2,000) • Performing the fieldwork (limited to soil sampling) as specified in the work plan. To save costs, we plan on subcontracting with a qualified local contractor, but to ensure quality, be onsite for the first 2 days. This task includes all analytical laboratory and subcontractor fees as shown in the attached cost breakdown as well as administrative costs for subcontractor selection/coordination, and development of a health and safety plan ($30,000- see attached cost breakdown) • Interpretation of the data and development of site-specific remediation levels per the revised MTCA ($1,500) • Performing a pilot study of new remediation techniques for lead -arsenate sites such as Kissel Park. The pilot study planning would be jointly developed with the Department of Ecology but executed by us. By having the City perform the pilot study, Ecology has informed us that the percentage of Ecology reimbursement for the entire project would increase to 90% from the current limit of 75% ($25,000). • Development of a Draft and Final Cleanup Action Plan (25-30 pages) including a limited analysis of 2-3 preferred remedial alternatives preparing with input from the park architect (e.g.- dig and haul, capping, stabilization) along with first order cost estimates for each alternative ($7,600). • Technical representation at one public presentation ($2,000) Please note what is not included in the above costs. Development of bid documents, construction or engineering plans and specifications as well as detailed cost estimates are not included, nor are other documents that may be required such as a compliance monitoring plan, or quality assurance plan, etc., which may be required by Ecology. Our cost estimates given for each of the above scope items are based upon professional judgment and experience with projects of similar complexity and scope. They are also based upon the assumption that there will be a cooperative working environment with the regulatory agencies involved. Even so, please note that these are estimates only and subject to change due to unexpected site conditions, extent of regulatory involvement, and other variables typical of environmental projects. C:\TEMP\Kisselparkrevisedproposall doc ms 01/11/01 Page 2 of 4 Mr Christopher Waarvick January 11, 2001 EXHIBIT A Floyd & Snider Inc. Direct Charges: We do not charge for the following items: routine faxes, routine photocopies, phone calls (up to $25/month), shipping and mailing (up to $25/month), office supplies, or computer time. They are included in our overhead rate. We look forward to working with you on this project, and are ready to proceed when given authorization to do so. Please give me a call if you have any questions concerning our proposal Sincerely yours, Floyd & Snider Inc. Thomas H. Colligan Senior Project Manager C:ITEMPIKisselparkrevisedproposall doc ms 01/11/01 Page 3 of 4 Floyd & Snider Inc. PERFORMING STUDY PLAN INVESTIGATION Kissel Park Cleanup ITEM Rate UNITS COST Floyd&Snider- Project Management $125.00 20 $2,500.00 Field work oversight, 2 days (includes 8 hrs travel time) $85.00 32 $2,720.00 Admin (includes subcontracting, bids, etc.) $50.00 10 $500.00 Subtotal labor $ 5,720.00 Rebillables Analytical -Metals $40 00 ea 242 $9,680.00 Analytical -Pesticides $135 00 ea 5 $675.00 Geotechnical Analysis $90 00 ea 10 $900 00 Per diem $90.00 ea 2 $180.00 Vehicle, Field Supplies $85.00 day 5 $425.00 Subtotal Rebillables $ 11,860.00 Subcontractors Surveyors $1,500.00 Is 1 $1,500 00 Geologist (5.5 days field, +1.5 day Prep, 10 hr days) $850 00 day 7 $5,950 00 Backhoe + Operator $600 00 day 5 $3,000.00 Standard Utility Locate $250.00 Is 1 $250.00 Subtotal Subcontractors $ 10,700.00 TOTAL $ 28,280.00 Contigency (5%) $ 1,414.00 Grand TOTAL $ 29,694.00 Note: Subcontractor and Lab Fees include 10% markup F•\projects\PG E-Kissel\Budgeti ng-Invoice-Scope\fieldworkcost EXHIBIT A PAGE 4 of 4 01/11/2001 Floyd& Snider Inc. Strategy and Technical Solutions for Contaminated Properties PROFESSIONAL STAFF 83 South King Street Suite 614 Seattle, Washington 98104 206.292.2078 fax 206 682.7 2000 Schedule of Charges Effective January 1, 2000 Teri A. Floyd, Ph D Principal $ 150/hour Kathryn H. Snider, PE, RLA Principal $ 150/hour Dan McCarthy, PE Principal $ 150/hour John Leder, MS Sr. Project Manager $ 135/hour Thomas Colligan, R.G Sr. Project Manager $ 125/hour Paul Michel Sr Policy Analyst $ 125/hour Steve Reimers, PE Sr. Engineer $ 125/hour Roy Kuroiwa, PE Sr Engineer $ 105/hour Tamre Cardoso Sr Database Manager $ 90/hour Thomas J Cammarata Project Geochemist $ 90/hour John LaManna Project Geologist $ 90/hour Kris Breton, MBA Business Manager $ 75/hour Christy Schmidt Sr Project Coordinator $ 55/hour Various Part-time Professionals Staff Scientists $ 50 to $ 100/hour depending on individual SPECIAL SERVICES All work by a testifying expert Database Design Project Coodination Accounting Services Word Processing Project Assistance Environmental Compliance/Pollution Prevention Project dependent Library Services Scientist Librarian (through Fern Honore at AGI) Graphics & GIS Project dependent 2.0 times general consulting rate $ 80/hour $ 50/hour $ 50/hour $ 45/hour $ 45/hour $ 55/hour DIRECT CHARGES We do not charge for the following items: routine faxes, routine photocopies, phone calls (up to $25/month), shipping and mailing (up to $25/month), office supplies, or computer time They are included in our overhead rate We do charge for large mailings, courier services, report reproduction, library charges, outside services (such as graphics), special supplies (including field supplies), and travel (including parking and mileage). These charges will be invoiced at the price of the item plus a 10% markup to cover taxes, fees, and handling Outside services (except for word processing and library searches) are invoiced with a 10% markup to cover taxes, fees, and handling -Rates are subject to adjustment annually- f/contracts/masters/fsi rates/fsi rates 2000 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. I For Meeting Of 01/16/01 ITEM TITLE: Resolution Authorizing City Manager and City Clerk to Execute a Professional Engineering Contract with Floyd and Snider Inc. for Kissel Park Remediation and Development Activities SUBMITTED BY: Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Denise Nichols, Parks and Recreation Manager 576-6416 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager and City Clerk to execute a professional environmental consulting contract with Floyd and Snider Inc. (out of Seattle, Wa.) to assist the City in preparing to remediate, develop and receive reimbursement from the State for eligible costs for the construction of Kissel Park. A separate, yet companion, Council Agenda Item will be brought before Council in February to provide for the specific authority to engage KDF Architects to perform the design and create bid documents for the Park construction. (...continued...) Resolution _ Ordinance _Contract _ Other (Specify) Funding Source Parks Capital Budget Project 1800 -- '.73,000 for his project element APPROVED FOR SUBMITTAL: City Manger STAFF RECOMMENDATION: Staff respectfully requests Council approval of the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: kp rem&dev 1/11/01 cw Resolution adopted. Resolution No. R-2001-8 In the process of preparing for Kissel Park development, it was discovered that the underlying soil contained threshold or near threshold levels of lead and arsenic. Lead arsenate was a common pesticide in the control of orchard pests in the early 1900's. It is likely that these atomic elements are to be found widespread throughout the historical fruit growing areas of eastern Washington. This consultant agreement with Floyd and Snider Inc. of Seattle formalizes their role in assisting the City in developing a remediation plan acceptable to the Department of Ecology (Ecology) and in applying for Local Toxics grant funding to cover a I I eligible costs in the project. Our discussions to date with Ecology have been very encouraging and very helpful. They have stated that they are looking for a pilot project to fund which would address the issue of lead arsenate contamination in eastern Washington. Staff's most recent discussion with Floyd and Snider indicates that 90% of the costs associated with the remediation of the property are slated for reimbursement from Ecology. The three major areas of Floyd and Snider's assistance are: (1) working with Ecology in developing a cleanup action plan that integrates the cleanup remedy into the overall park development; (2) assisting the City in obtaining Ecology remedial action grant funding; and (3) performing the fieldwork necessary to develop a cleanup action plan. We have used Preston Gates and Ellis to get us "jump started" on this process. Ray Paolella, City Attorney, has been involved from the beginning because of his and his offices' expertise on the matter and to contain legal costs. The first formal step with Ecology has been accomplished -- that being notifying them of the soil contamination. We have worked closely with the local architects charged with designing the park (KDF) so that eligible expenses will be clearly identifiable when reimbursement is requested from Ecology. We have developed an aggressive project schedule to lead us to construction in the summer of 2001. We have yet, at legal counsels advice, taken the park development through the required Class III review by Phil Lamb, Hearing Examiner. This is expected to occur in early 2001 when we have a clearer and more concise picture of the development requirements at Kissel Park. After the Hearing Examiner's work is completed and a decision rendered, the matter may or may not come back before City Council depending on Councils' wishes on the matter and if any public appeal of the Hearing Examiners decision comes forth. Please do not hesitate to contact any of the City staff involved in this project with questions, concerns or comments. kp rem&dev 1/11/01 cw RESOLUTION NO. R-2001- 8 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Contract with Floyd and Snider, Inc for Kissel Park Remediation and Development Activities. WHEREAS, the City desires to complete the development plans for Kissel Park in order to achieve a summer 2001 construction schedule; and WHEREAS, in the preparation of development plans for Kissel Park, it was discovered that the underlying soil contained lead and arsenic which at or near a threshold level; and WHEREAS, the City requires professional services in the preparation of a soil remediation plan for park development which would be acceptable to the Washington State Department of Ecology and for the application of a grant under the Local Toxic Program; and WHEREAS, Floyd and Snider Inc., is an environmental consulting firm which specializes in strategy and technical solutions for contaminated property and has the experience and expertise to provide the required services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with Floyd and Snider, Inc., for professional services in accordance with the terms and conditions of the attached agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the city of Yakima are hereby authorized and directed to execute the attached and incorporated agreement with Floyd and Snider, Inc., for professional services related to cleanup and development of the Kissel Park property. ADOPTED BY CITY COUNCIL this 1 61-h day of January, 2001. ATTEST: y City Clerk