HomeMy WebLinkAbout04/02/2013 09 Cascade Mill Site Geotechnical and Environmental Analysis Agreement with Landau AssociatesBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: April 2, 2013
ITEM TITLE: Resolution authorizing Professional Services Contract with
Landau Associates not to exceed $220,700 to prepare
Environmental and Geotechnical Report related to the
Cascade Mill Site Project
SUBMITTED BY: Joan Davenport, Strategic Project Manager
Jeff Cutter, City Attorney
CONTACT Joan Davenport, 576 -6417
PERSONITELEPHONE:
SUMMARY EXPLANATION:
Redevelopment of the Cascade Mill Site is one of the City Council Economic Development
priorities. The City of Yakima requested written proposals from professional firms to conduct
environmental and geotechnical analysis of the former Boise Cascade Mill site and
preparation of a report that details potential clean -up and remediation actions. This site is
included in the Local Infrastructure Financing Tool (LIFT) Redevelopment Area. The cost of
this study is eligible for LIFT funding.
This study will include.Phase 1 Due Diligence Research for the entire mill property (both
north and south of the railroad tracks), as well as Phase 2 Geotechnical and Environmental
Report for the mill site property essentially south of the railroad tracks, excluding the former
municipal landfill property. A supplemental contract, budget and scope of work will be
submitted to the City Council in the future to cover additional Phase 2 Geotechnical and
Environmental Analysis of the area north of the railroad within the mill site.
Resolution X Ordinance Other
(specify)
Contract: X Mail to:
Contract Term: Amount: $220,700 Expiration Date:
Insurance Required? Yes
Funding Yakima Revenue Development Area - Phone:
Source: Service Unit 322
APPROVED FOR City Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt the resolution that authorizes Professional Services Agreement with Landau
Associates
BOARD/COMMISSION RECOMMENDATION:
Click to download
U Landau Resolution
U mill site agreement
71 Exhibit A mill site
RESOLUTION NO. R -2013-
A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement
with Landau Associates not to exceed $220,700 to prepare a Geotechnical
and Environmental Analysis report for the Cascade Mill Project 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 sawmill and lumber mill operations for
over 100 years, 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 may desire to purchase some or all of the mill site in the
future in order to facilitate clean -up activities, construction of streets, utilities and storm drainage, as
well as new development, and therefore, analysis of the environmental condition of the property and
identification of necessary mitigation measures is crucial to any new development, and
WHEREAS, the City of Yakima followed 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 for the identification of the preferred firm to prepare the
report. Landau Associates submitted a Contractor Qualification Statement and was interviewed, then
recommended by the Selection Committee and the property owners to be the preferred firm to
prepare the Geotechnical and Environmental Analysis report for the Cascade Mill Project site, and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project which consists of
Phase 1 Due Diligence research for the entire mill property (both north and south of the railroad
tracks) and a Phase 2 Geotechnical and Environmental Report for the property essentially south of
the railroad tracks, excluding the former municipal landfill property. A supplemental contract and
scope of work will be submitted in the future to cover the land north of the railroad tracks within the
mill site; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services Agreement with
Landau Associates attached hereto and incorporated herein by this reference not to exceed Two
Hundred Twenty Thousand, Seven Hundred dollars ($220,700) to provide the Professional Services
as described in the Agreement, now, therefore,
ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2013.
ATTEST:
Sonya Claar -Tee, City Clerk
Micah Cawley, Mayor
Local Agency
Consultant/Address/Telephone
Standard Consultant
Landau Associates
Agreement
130 2nd Avenue South
Edmonds, WA 98020
[� Architectural /Engineering Agreement
425 - 778 -0907
Personal Services Agreement
Agreement Number
Project Title And Work Description
Federal Aid Number
Yakima (Cascade) Mill Site Project
Environmental and Geotechnical Services
Agreement Type (Choose one)
❑ Lump Sum
Lump Sum Amount $
[� Cost Plus Fixed Fee
Overhead Progress Payment Rate %
DBE Participation
Overhead Cost Method
❑ Actual Cost
❑ Yes ® No %
Federal ID Number or Social Security Number
911273329
❑ Actual Cost Not To Exceed %
[ Fixed Overhead Rate 187.70 %
Do you require a 1099 for IRS?
Completion Date
Fixed Fee $
❑ Yes ® No
12/31/14
Total Amount Authorized $ $225,000.00
❑ Specific Rates Of Pay
❑ Negotiated Hourly Rate
El Provisional Hourly Rate
Management Reserve Fund $
❑ Cost Per Unit of Work
Maximum Amount Payable $
Index of Exhibits (Check all that apply):
® Exhibit A -1 Scope of Work
❑ Exhibit A -2 Task Order Agreement
❑ Exhibit B -1 DBE Utilization Certification
❑ Exhibit C Electronic Exchange of Data
❑ Exhibit D -1 Payment -Lump Sum
ElExhibit D -2 Payment - Cost Plus
❑ Exhibit D -3 Payment - Hourly Rate
❑ Exhibit D -4 Payment - Provisional
rA Exhibit E -1 Fee - Lump/Fixed /Unit
❑ Exhibit E -2 Fee - Specific Rates
[� Exhibit F Overhead Cost
❑ Exhibit G Subcontracted Work
❑ Exhibit G -1 Subconsultant Fee
THIS AGREEMENT, made and entered into this
❑ Exhibit G -2 Fee -Sub Specific Rates
❑ Exhibit G -3 Sub Overhead Cost
® Exhibit H Title VI Assurances
Exhibit I Payment Upon Termination of Agreement
® Exhibit J Alleged Consultant Design Error Procedures
® Exhibit K Consultant Claim Procedures
❑ Exhibit L Liability Insurance Increase
® Exhibit M -1 a Consultant Certification
® Exhibit M -lb Agency Official Certification
® Exhibit M -2 Certification - Primary
❑ Exhibit M -3 Lobbying Certification
❑ Exhibit M -4 Pricing Data Certification
❑ App. 31.910 Supplemental Signature Page
day of
between the Local Agency of City of Yakima , Washington, hereinafter called the "AGENCY"
and the above organization hereinafter called the "CONSULTANT ".
DOT Form 140 -089 EF Page 1 of 8
Revised 3/2008
WITNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT;
and
WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to
professional registration, if applicable, and has signified a willingness to furnish Consulting services to the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached
and incorporated and made a part hereof, the parties hereto agree as follows:
I General Description of Work
The work under this AGREEMENT shall consist of the above described work and services as herein defined and
necessary to accomplish the completed work for this PROJECT. The CONSULTANT shall furnish all services, labor, and
related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT.
II Scope of Work
The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and
by this reference made a part of this AGREEMENT.
III General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive
advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be
coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress and presentation meetings
with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring
CONSULTANT participation. The minimum required hours or days notice shall be agreed to between the AGENCY and
the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in
written and graphical form the various phases and the order of performance of the work in sufficient detail so that the
progress of the work can easily be evaluated.
The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or
sex in the performance of this contract. The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of USDOT- assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the
termination of this AGREEMENT.
Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority
Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this
AGREEMENT. If D /M /WBE firms are utilized, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT. If the Prime
CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the
AGENCY'S "DBE Program Participation Plan'. The mandatory DBE participation goals of the AGREEMENT are those
established by the WSDOT' S Highway and Local Programs Project Development Engineer in consultation with the
AGENCY.
All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All
electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the
CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT,
and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY
of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to
the CONSULTANT.
Page 2 of 8
IV Time for Beginning and Completion
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the
AGENCY.
All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but
may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable
delays caused by an act of GOD or governmental actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental agreement issued by the AGENCY is required to extend the established
completion time.
V Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT. Such
payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies,
equipment, and incidentals necessary to complete the work. The CONSULTANT shall conform to all applicable
portions of 48 CFR Part 31.
A post audit may be performed on this AGREEMENT. The need for a post audit will be determined by the State
Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager.
VI Sub - Contracting
The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this
reference made part of this AGREEMENT.
Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G."
The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been
issued by the AGENCY.
All reimbursable direct labor, overhead, direct non - salary costs and fixed fee costs for the sub - consultant shall be
substantiated in the same manner as outlined in Section V. All sub - contracts shall contain all applicable provisions of
this AGREEMENT.
With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt
Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior
written permission of the AGENCY. No permission for sub - contracting shall create, between the AGENCY and sub-
contractor, any contract or any other relationship. A DBE certified sub - consultant is required to perform a minimum
amount of their sub - contracted agreement that is established by the W SDOT Highways and Local Programs Project
Development Engineer in consultation with the AGENCY.
VII Employment
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide
employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or
making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this
AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or
otherwise recover the full amount of such fee, commission percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or
services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a
Page 3 of 8
third parry as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons
while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and
responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any
professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ
of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
VIII Nondiscrimination
During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees
to comply with the following laws and regulations:
Title VI of the Civil Rights Act of 1964
(42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a)
Federal -aid Highway Act of 1973
(23 USC Chapter 3 Section 324)
Rehabilitation Act of 1973
(29 USC Chapter 16 Subchapter V Section 794)
Age Discrimination Act of 1975
(42 USC Chapter 76 Section 6101 et seq.)
Civil Rights Restoration Act of 1987
(Public Law 100 -259)
American with Disabilities Act of 1990
(42 USC Chapter 126 Section 12101 et. seq.)
49 CFR Part 21
23 CFR Part 200
RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in
every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto.
IX Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to
the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of
AGREEMENT used.
No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the
Notice to Terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds
the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the
CONSULTANT shall immediately reimburse the AGENCY for any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
Page 4 of 8
In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual
costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally
required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the
work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of
the work performed at the time of termination.
Under no circumstances shall payment made under this subsection exceed the amount, which would have been made
using the formula set forth above.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to
perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for
actual costs in accordance with the termination for other than default clauses listed previously.
In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel
assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the
principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under
the terms of this AGREEMENT, if requested to do so by the AGENCY. This subsection shall not be a bar to
renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the
AGENCY so chooses.
In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the
CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as
set forth in the second paragraph of this section.
Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of
any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for
failure of the CONSULTANT to perform work required of it by the AGENCY. Forbearance of any rights under the
AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or
omission by the CONSULTANT.
X Changes of Work
The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary
to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof.
Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts
thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work
shall be considered as Extra Work and will be paid for as herein provided under Section XIV.
XI Disputes
Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the
CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY
Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided,
however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that
decision shall be subject to de novo judicial review. If the parties to this AGREEMENT mutually agree, disputes
concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning
claims will be conducted under the procedures found in Exhibit "K ".
XII Venue, Applicable Law, and Personal Jurisdiction
In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or
obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior
court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto agree that
all questions shall be resolved by application of Washington law and that the parties to such action shall have the right
of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated
in the county in which the AGENCY is located.
Page 5 of 8
XIII Legal Relations
The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be
done under this AGREEMENT. This contract shall be interpreted and construed in accordance with the laws of the
State of Washington.
The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or
in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold
harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or
the STATE, their agents, officers and employees; and provided further that if the claims or suits are caused by or result
from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the
STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and
enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents
or employees.
The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor.
The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23,
which is the Code of Ethics for regulating contract interest by municipal officers. The CONSULTANT specifically
assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and,
solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under
the state industrial insurance law, Title 51 RCW.
Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction
contracts, if any, on the PROJECT. Subject to the processing of a new sole source, or an acceptable supplemental
agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration. By
providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job
site safety, or any construction contractor's failure to perform its work in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required,
the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to
Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability and property damage insurance in an aggregate amount not less than two million
dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall
not exceed one million dollars ($1,000,000).
C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000)
combined single limit.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the
CONSULTANT, the AGENCY will be named on all policies as an additional insured. The CONSULTANT shall
furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT. The AGENCY
reserves the right to require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The
CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of
this AGREEMENT to the AGENCY.
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this
AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L ". In no
case shall the CONSULTANT'S professional liability to third parties be limited in any way.
Page 6 of 8
The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this
section. This remedy is not exclusive; and the AGENCY and the STATE may take such other action as is available to it
under other provisions of this AGREEMENT, or otherwise in law.
XIV Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in
the services to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of
any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other
terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum
amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify the
AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment', hereafter referred to as "CLAIM", under
this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides
that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the Disputes clause. However, nothing in this clause
shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this
AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this
AGREEMENT.
XV Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data
furnished by them.
XVI Federal and State Review
The Federal Highway Administration and the Washington State Department of Transportation shall have the right to
participate in the review or examination of the work in progress.
XVII Certification of the Consultant and the Agency
Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M
-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions,
Exhibit "M-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4"
Certificate of Current Cost or Pricing Data. Exhibit "M-3" is required only in AGREEMENTS over $100,000 and
Exhibit "M -4" is required only in AGREEMENTS over $500,000.
XVIII Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be
liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to
this AGREEMENT.
XIX Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an
original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations,
warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the
CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof.
Page 7 of 8
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
By C)O-� z By
Consultant Landau Associates Agency
DOT Form 140 -089 EF
Revised 3/2008 Page 8 of 8
Exhibit D -2
Payment (Cost Plus a Fixed Fee)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work
specified in Section II, "Scope of Work." The CONSULTANT shall conform to all applicable portions of 48
CFR Part 31.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost,
overhead, direct non - salary costs, and fixed fee.
1. Direct Salary Costs: The Direct Salary Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively
engaged in work necessary to fulfill the terms of this AGREEMENT. The
CONSULTANT shall maintain support data to verify the direct salary costs billed
to the AGENCY.
2. Overhead Costs: Overhead Costs are those costs other than direct costs, which are
included as such on the books of the CONSULTANT in the normal everyday
keeping of its books. Progress payments shall be made at the rate shown in the
heading of this AGREEMENT under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the
AGREEMENT. The two options are explained as follows:
a. Fixed Rate: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT for overhead at the
percentage rate shown. This rate shall not change during the life of the
AGREEMENT.
b. Actual Cost: If this method is indicated in the heading of the AGREEMENT the
AGENCY agrees to reimburse the CONSULTANT the actual overhead costs
verified by audit, up to the Maximum Total Amount Payable, authorized under
this AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANTS cost estimate and the overhead
computation is shown in Exhibit "E" attached hereto and by this reference made
part of this AGREEMENT. When an Actual Cost method is used, the
CONSULTANT (prime and all sub - consultants) will submit to the AGENCY
within six (6) months after the end of each firm's fiscal year, an overhead
schedule in the format required by the AGENCY (cost category, dollar
expenditures, etc.) for the purpose of adjusting the overhead rate for billing
purposes. It shall be used for the computation of progress payments during the
following year and for retroactively adjusting the previous year's overhead cost
to reflect the actual rate.
DOT Form 140 -089 EF Exhibit D -2
Revised 6/08
Failure to supply this information by either the prime CONSULTANT or any of their sub -
consultants shall cause the AGENCY to withhold payment of the billed overhead costs until
such time as the required information is received and an overhead rate for billing purposes is
approved.
The AGENCY, STATE and /or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine
the actual overhead rate, if they so desire.
Direct Non - Salary Costs: Direct Non - Salary Costs will be reimbursed at the Actual Cost to
the CONSULTANT. These charges may include, but are not limited to, the following
items: travel, printing, long distance telephone, supplies, computer charges and sub-
consultant costs.
a. Air or train travel will be reimbursed only to economy class levels unless
otherwise approved by the AGENCY. The CONSULTANT shall comply with
the rules and regulations regarding travel costs (excluding air, train, and rental
car costs) in accordance with the AGENCY'S Travel Rules and Procedures.
However, air, train, and rental car costs shall be reimbursed in accordance with
48 CFR Part 31.205 -46 "Travel Cost
b. The billing for Direct Non - Salary Costs shall include an itemized listing of
the charges directly identifiable wh the PROJECT.
c. The CONSULTANT shall maintain the original supporting documents in their
office. Copies of the original supporting documents shall be supplied to the
AGENCY upon request.
d. All above charges must be necessary for the services provided under this
AGREEMENT.
Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in the
heading of this AGREEMENT under Fixed Fee. This amount does not include any
additional Fixed Fee, which could be authorized from the Management Reserve Fund. This
fee is based on the Scope of Work defined in this AGREEMENT and the estimated person -
hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental
AGREEMENT may include provisions for the added costs and an appropriate additional
fee. The Fixed Fee will be prorated and paid monthly in proportion to the percentage of
work completed by the CONSULTANT and reported in the Monthly Progress Reports
accompanying the billings. Any portion of the Fixed Fee earned but not previously paid in
the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
Management Reserve Fund: The AGENCY may desire to establish a Management Reserve
Fund to provide the Agreement Administrator with the flexibility to authorize additional
funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the
CONSULTANT for additional work beyond that already defined in this AGREEMENT.
Such authorization(s) shall be in writing and shall not exceed
the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the
heading of this AGREEMENT. The amount included for the Management Reserve
Fund is shown in the heading of this AGREEMENT. This fund may not be replenished.
Any changes requiring additional costs in excess of the Management Reserve Fund
shall be made in accordance with Section XIV, "Extra Work. "6. Maximum Total
Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the
heading of this AGREEMENT. The Maximum Total Amount Payable is comprised of
the Total Amount Authorized, and the Management Reserve Fund. The Maximum
Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIV, "Extra Work." No minimum amount payable is guaranteed under this
AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for
reimbursement of Actual Costs plus the calculated overhead and fee on a monthly basis during the
progress of the work. Such billings shall be in a format approved by the AGENCY and
accompanied by the monthly progress reports required under Section III, "General Requirements"
of this AGREEMENT. The billings will be supported by an itemized listing for each item including
Direct Salary, Direct Non - Salary, and allowable Overhead Costs to which will be added the
prorated Fixed Fee. To provide a means of verifying the billed salary costs for CONSULTANT
employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, salary rates, and present duties of those employees performing work on
the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned
will be made promptly upon its verification by the AGENCY after the completion of the work
under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports,
electronic data and other related documents which are required to be furnished under this
AGREEMENT. Acceptance of such Final Payment by the CONSULTANT shall constitute a
release of all claims for payment, which the CONSULTANT may have against the AGENCY
unless such claims are specifically reserved in writing and transmitted to the AGENCY by the
CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any
claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY
may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and
at the time of final audit, all required adjustments will be made and reflected in a final payment. In
the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT
will refund such overpayment to the AGENCY within thirty (30) days of notice of the
overpayment. Such refund shall not constitute a waiver by the CONSULTANT for any claims
relating to the validity of a finding by the AGENCY of overpayment. The CONSULTANT has
twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the
AGENCY for audit findings.
D. Inspection of Cost Records: The CONSULTANT and their sub - consultants shall keep available for
inspection by representatives of the AGENCY, STATE and the United States, for a period of three
(3) years after receipt of final payment, the cost records and accounts pertaining to this
AGREEMENT and all items related to or bearing upon these records with the following exception:
if any litigation, claim or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three (3) year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
Exhibit E -1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Cascade Mill Site, Yakima, Washington
Consultant: Landau Associates
Direct Salary Cost (DSC):
Classification
Principal
Senior Associate
Associate
Senior
Senior Project
Project
Senior Staff
Senior CAD
Staff /Senior Technician II
Assistant /Senior Technician I
Project Coordinator
CAD /GIS Technician
Technician
Support Staff
Hours
=
Direct Salary =
Cost
40
X
$71.75
$2,870.00
168
X
$52.95
$8,895.60
70
X
$42.59
$2,981.30
70
X
$37.94
$2,655.80
0
X
$35.19
$0.00
X
$30.27
$0.00
448
X
$25.37
$11,365.76
X
$33.17
$0.00
X
$23.52
$0.00
X
$29.18
$0.00
96
X
$25.69
$2,466.24
40
X
$26.14
$1,045.60
X
$17.95
$0.00
30
X
$19.47
$584.10
X
$0.00
X
$0.00
Total Direct Salary =
$32,864.40
Overhead Cost @ 187.70% of Direct Labor Cost = $61,686.48
Fixed Fee @ 30% of Direct labor Cost = $9,859.32
Total Direct Labor = $104,410.20
Reimbursables:
Travel Expenses (mileage, meals, lodging)
Survey Subcontractor
Utility Locate Subcontractor
Laboratory Testing
Drilling Subcontractor
Non -Labor Expenses (equipment)
Reproduction Expenses
Consultant Total
Prepared By: T. Syverson Date: 3/26/2013
$4,074.60
$3,900.00
$1,120.00
$70,740.00
$31,710.00
$4,700.00
$90.00
_ $220,744.80
Re: Landau Associates, Inc., Overhead Schedule
Fiscal Year End June 30, 2012
909rdw
We have completed a desk review of your overhead schedule for the above referenced fiscal year.
Our review included the documentation provided by Landau Associates, Inc,
The reviewed data included, but was not limited to the schedule of the indirect cost rate, a
description of the company, basis of accounting and description of Landau Associates, Inc.
accounting system, and the basis of indirect costs.
Please clieck with the WSDOT Consultant Services Office (HQ) and/or the WSDOT Area
Consultant Liaison to determine when this reviewed rate will be applicable to Your WSDOT
agreernent(s).
® •
uzmlnml�lam
If you, or any representative of Landau Associates, Inc, have any questions, Please contact
Martha Roach, Jeri Sivertson or Steve McKerney at (360) 705-7003.
Sincerely,
Martha S. Roach
Agreement Compliance Audit Manager
cc: Steve Mc Kerney, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Larry Schofield, MS 47 )23
File
% of
Expense LAI Audit Accepted Direct
Amount Adjustrnents, Adjustments Amount Labor
DIRECT LABOR $3,090,458 $3,090,458
$701,728
$701,728
22,71%
556,861
($22,843)
A
534,018
17,28%
557,069
(18,313)
A
538,756
17,43%
114,827
(14,806)
($4,100)
C,S
95,920
3.10%
357,303
(83,255)
(274,048)
D, 'b
0
0.00%
174,475
174,475
5.65%
(87,574)
v
(87,574)
-2.83%
$2,462,263
($139,217)
($365,722)
$1,957,324
63.33%
$1,335,907
($11,490)
B
$1,324,417
42.86%
783,115
($129,613)
c
653,502
21.15070
189,046
(189,046)
B
0
0,00%
74,426
(44,771)
E
29,656
0,96%
7,962
7,962
0.26%
28,987
28,987
0.94%
70,117
(24,937)
F
45,180
1.46%
48,034
(9,085)
(2,278)
G, Z
36,671
1,19%
164,036
(47,083)
H
116,953
3.78%
73,633
(33,154)
H
40,480
1,31%
12,934
12,934
0.42%
123,030
123,030
198%
276,383
276,383
8.94%
40,456
(5,268)
1
35,189
1.14%
2,285
(2,285)
a
(0)
0.00%
689,678
(89,777)
T,UW,X
599,901
19.41%
133,709
(30,302)
1
103,407
3.35%
248,588
(98,710)
K
149,877
4,85%
6,947
6,947
012%
3,586
(192)
(1,000)
L, Y
2,393
OM%
76,942
(501)
m
76,442
2.47%
38,049
(38,049)
N
0
0.00%
144,277
(18,774)
1,733
O,R
127,236
4.12%
26,678
26,678
0.86%
118,995
(118,995)
P
(0)
0,00%
9,934
(9,934)
Q
(0)
0.00%
4,268
4,268
0.14%
$4,732,001
($680,290)
($93,607)
$3,828,491
123.88%
$7,194,264
($819,507)
($459,329)
$5,785,815
18722%
232.79%
2M27%
187.22%
$14,915
$14,915
0.48%
$ 5,800,730
187.70%
mm
Y y
j M a
% of
Expense LA1 Audit Accepted Direct
Amount Adjustments Adjustments Amount Labor
s . ► s
I
!10 . 0
PR 31.
Name of Certifying Official* (Print): Dennis R. Hobbs
Title: Finance Director, Corporate Treasurer
IYYY). 09/11/2012
ME I Y
Exhibit G
Subcontracted Work
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Subcontractor
1. Cascade Drilling
19404 Woodinville- Snohomish Road
Woodinville, WA 98072
(425) 485 -8908
2. ALS Environmental
8620 Holly Drive
Everett, WA 98208
(425) 356 -2600
3. PLSA
1120 West Lincoln Avenue
Yakima, WA 98902
(509) 575 -6990
4. Utilities Plus, LLC
1001 Madison Avenue
Yakima, WA 98902
(509) 248 -2477
Estimated Cost
$31,710
$70,740
$3,900
$1,120
Exhibit H
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in
interest agrees as follows:
Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part
21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which
are herein incorporated by reference and made a part of this AGREEMENT.
2. Non - discrimination: The CONSULTANT, with regard to the work performed during the
AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection
and retention of sub - consultants, including procurement of materials and leases of equipment. The
CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the REGULATIONS, including employment practices when the AGREEMENT covers a
program set forth in Appendix B of the REGULATIONS.
Solicitations for Sub - consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub - contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under
this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or
the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
Sanctions for Non - compliance: In the event of the CONSULTANT'S non - compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT
sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to:
Withholding of payments to the CONSULTANT under the AGREEMENT until the
CONSULTANT complies, and/or;
• Cancellation, termination, or suspension of the AGREEMENT, in whole or in part
DOT Form 140 -089 EF Exhibit H
Revised 6/05
Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by
the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action
with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a
means of enforcing such provisions including sanctions for non - compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the
STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to
protect the interests of the United States.
Exhibit I
Payment Upon Termination of Agreement
By the Agency Other Than for
Fault of the Consultant
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT.
DOT Form 140 -089 EF Exhibit I
Revised 6/05
Exhibit J
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and /or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 — Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the
Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the
potential design error(s). For federally funded projects, the Region Highways and Local Programs
Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or
Agency Engineer may appoint an agency staff person other than the project manager, who has not been
as directly involved in the project, to be responsible for the remaining steps in these procedures.)
Step 2 - Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and
descriptions of work; photographs, records of labor, materials and equipment.
Step 3 — Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manger and any personnel (including sub - consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 — Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
It is determined via mutual agreement that there is not a consultant design error(s). If
this is the case, then the process will not proceed beyond this point.
It is determined via mutual agreement that a consultant design error(s) occurred. If this
is the case, then the Director of Public Works or Agency Engineer, or their
representatives, negotiate a settlement with the consultant. The settlement would be
paid to the agency or the amount would be reduced from the consultant's agreement
with the agency for the services on the project in which
the design error took place. The agency is to provide H &LP, through the Region
DOT Form 140 -089 EF Exhibit J
Revised 6/05
Local Programs Engineer, a summary of the settlement for review and to make
adjustments, if any, as to how the settlement affects federal reimbursements. No
further action is required.
There is not a mutual agreement regarding the alleged consultant design error(s). The
consultant may request that the alleged design error(s) issue be forwarded to
the Director of Public Works or Agency Engineer for review. If the Director of
Public Works or Agency Engineer, after review with their legal counsel, is not able
to reach mutual agreement with the consultant, proceed to Step 5.
Step 5 — Forward Documents to Highways and Local Programs
For federally funded projects all available information, including costs, should be forwarded
through the Region Highways and Local Programs Engineer to H &LP for their review and
consultation with the FHWA. H &LP will meet with representatives of the agency and the
consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If
necessary, H &LP will request assistance from the Attorney General's Office for legal
interpretation. H &LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
If mutual agreement is reached, the agency and consultant adjust the scope of work
and costs to reflect the agreed upon resolution. H &LP, in consultation with FHWA,
will identify the amount of federal participation in the agreed upon
resolution of the issue.
If mutual agreement is not reached, the agency and consultant may seek settlement
by arbitration or by litigation.
Exhibit K
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that
total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 — Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside of
the agreement's scope of work, they may be entitled to a claim. The first step that must be completed is
the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the
agreement scope of work.
Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with
the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If
the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the
Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local
Programs through the Region Local Programs Engineer. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and
Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a
request memo, including backup documentation to the consultant to either supplement the agreement,
or create a new agreement for the claim. After the request has been approved, the Agency shall write
the supplement and /or new agreement and pay the consultant the amount of the claim. Inform the
consultant that the final payment for the agreement is subject to audit. No further action in needed
regarding the claim procedures.
DOT Form 140 -089 EF Exhibit K
Revised 6/05
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a
summary for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the
claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs
associated with the additional work;
• Explanation regarding those areas in which the Agency does /does not agree with the
consultant's claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency
Documentation
The Director of Pubic Works or Agency Engineer shall review and administratively approve or
disapprove the claim, or portions thereof, which may include getting Agency Council or
Commission approval (as appropriate to agency dispute resolution procedures). If the project
involves federal participation, obtain concurrence from WSDOT Highways and Local Programs
and FHWA regarding final settlement of the claim. If the claim is not eligible for federal
participation, payment will need to be from agency funds.
Step 5 — Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their
final decision regarding the consultant's claim(s). Include the final dollar amount of the accepted
claim(s) and rationale utilized for the decision.
Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and /or new agreement and pay the consultant the amount of
the claim. Inform the consultant that the final payment for the agreement is subject to audit.
I hereby certify that I am
representative of the firm of
Exhibit M -1(a)
Certification Of Consultant
Q?' , s_ S- ' 2
Landau Associates
Project No.
Local Agency
and duly authorized
whose address is
130 2nd Avenue South Edmonds, WA 98020 and that neither I nor the above
firm I here represent has:
(a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above CONSULTANT) to solicit or secure the AGREEMENT;
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out this AGREEMENT; or
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee
working solely for me or the above CONSULTANT) any fee, contribution, donation, or
consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT;
except as hereby expressly stated (if any);
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
DOT Form 140 -089 EF Exhibit M -1(a)
Revised 6/05
r
Sigrrg ture
Exhibit M -1(b)
Certification Of Agency Official
I hereby certify that I am the AGENCY Official of the Local Agency of
Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this AGREEMENT to:
(a) Employ or retain, or agree to employ to retain, any firm or person; or
(b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be available to the Washington State Department of
Transportation and the Federal Highway Administration, U.S. Department of Transportation, in
connection with this AGREEMENT involving participation of Federal -aid highway funds, and is
subject to applicable State and Federal laws, both criminal and civil.
Date
DOT Form 140 -089 EF Exhibit M -1(b)
Revised 6/05
Signature
Exhibit M -2
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters - Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its
principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any federal department or agency;
B. Have not within a three -year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission or fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or
contract under a public transaction; violation of federal or state antitrust statues or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I)
(B). of this certification; and
D. Have not within a three (3) year period preceding this application /proposal had one or more
public transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): Landau Associates
V2( /
( ate)
DOT Form 140 -089 EF Exhibit M -2
Revised 6/05
� 1
(Signature) President or +I'-nfPb of Consultant
EXHIBIT A -1
Scope of Work
LANDAU
ASSOMTES
March 26, 2013
City of Yakima
Legal Department
200 South Third Street
Yakima, Washington 98901
Attn: Mr. Jeffrey R. Cutter, City Attorney
RE: CITY OF YAKIMA RFSQ No. 12 -00450
SCOPE AND BUDGET PROPOSAL
ENVIRONMENTAL AND GEOTECHNICAL SERVICES
YAKIMA (CASCADE) MILL SITE PROJECT
YAKIMA, WASHINGTON
Dear Mr. Cutter:
Landau Associates is pleased to submit this proposed scope of services and associated estimated
costs to assist the City of Yakima (City) with environmental and geotechnical services for the Yakima
(Cascade) Mill Site redevelopment (Project). This proposal is being submitted in response to the
February 8, 2013 letter to Landau Associates from the City, as a follow up to the meeting between City
and Landau Associates personnel on February 8, 2013 regarding the Project, and our subsequent
conference call with the City team on March 7, 2013. The Project site includes the former Boise Cascade
Mill Site located north of the railroad tracks, the former municipal landfill and associated property located
south of the railroad tracks that cross the area from east to west, and the "triangular parcel" noted below,
which is part of the "Landfill parcel" and is located north of the railroad tracks).
The Project site consists of 20 parcels, consisting of 19 parcels owned by LeeLynn, Inc. and
Wiley Mt., Inc., and one parcel owned by OfficeMax Corp for a total of approximately 207 acres. The
parcel currently owned by OfficeMax (parcel number 191318 - 41001) is approximately 38 acres in size
and contains most of the former City of Yakima municipal landfill. This parcel is referred to as the
"Landfill Parcel." As noted below, the Landfill Parcel is not included in the scope of work for the
environmental due diligence and investigation activities presented in this proposal, with the exception of
the triangular portion of the parcel located north of the railroad tracks ("triangular parcel "). As discussed
below, the portions of the Project site included in the investigations identified in this proposal are shown
on Figure 1.
Numerous investigations have been conducted to date to evaluate and document environmental
and geotechnical conditions at various portions of the Project site. The City is considering the potential
acquisition of property within the Project site to assemble an area for future re- development. As part of
ENVIRONMENTAL I GEOTECHNICAL I NATURAL RESOURCES
130 2nd Avenue South • Edmonds, WA 98020 • (425) 778 -0907 • fax (425) 778 -6409 • www.landauinc.com
SEATTLE • SPOKANE • TACOMA PORTLAND
their pre- acquisition due diligence, the City is planning investigations to collect additional environmental
and geotechnical information regarding the property to further evaluate the need for and scope of
environmental remedial action(s), as warranted, and to allow for pre- design geotechnical evaluation and
engineering in support of property purchase and future redevelopment.
We understand that the City is proceeding with their due diligence in stages and that there are
many elements being considered including physical environmental and geotechnical conditions at the
property, potential environmental cleanup /remedial action requirements and costs, timing and sequencing
of any property acquisition(s), and resources for funding. Therefore, as requested, we are considering the
process in two initial stages consisting of a Stage 1 scope of work, which is addressed in this proposal,
and a Stage 2 scope of work which will be developed based on the findings of the Stage 1 investigations.
Although some elements important to the City's due diligence process are not explicitly identified in the
Stage 1 scope of work outlined below, support to elements such as remedial action planning and cost
estimation, geotechnical evaluation, grant funding, and regulatory strategy will be provided via the data
collected, and on an as- requested basis under the Technical Support, Communications, Management, and
Administration task of the proposed Stage 1 scope of work.
From the available information, we anticipate that the Stage 2 scope of work will include, as
warranted, additional investigations to further evaluate conditions on the non - landfill portion of the
Project site, including any recognized environmental conditions (defined below) and any data gaps
identified during the Phase I ESA discussed below. The Stage 2 scope of work may also include, as
warranted, additional investigations (beyond those included in this proposal) at the Plywood Plant parcels
(defined below) and the triangular parcel, and /or tasks to support property acquisition, regulatory
compliance, grant funding, and the anticipated redevelopment of the Project site, including specific
geotechnical analysis to support planning for property redevelopment. The proposed Stage 2 scope of
work and associated estimated costs will be provided in a separate proposal letter to the City following
completion of the primary elements of Stage 1.
The proposed Stage 1 scope of work and estimated costs included in this proposal were
developed based on our initial review of the historical data for the Project site that are available to us, and
assumes that the City will provide access to relevant documents they have access to, and that the City will
request relevant documents from the current and former property owners, including historical reports,
maps, and plans, for detailed review as part of the proposed investigation. The proposed Stage 1 scope of
work was developed to:
• Provide additional analytical data for selected media in the areas of the Project site identified
by the City
• Focus on areas of potential concern identified based on the data available to us
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
2
• Collect data to supplement the historical data now that most of the above -grade structures in
the former Plywood Plant area have been demolished and removed
• Document current conditions.
As requested in the City's February 8, 2013 letter, this proposal outlines a scope of work and
associated estimated costs for Stage 1 elements consisting of the following:
• Due diligence /Phase I Environmental Site Assessment (ESA) services for the entire former
Yakima (Cascade) Mill (i.e., Project) site (excluding the property known as the "Landfill
Parcel"; parcel number 191318 - 41001, but including the triangular parcel). The Phase I ESA
will be conducted to assess and document environmental conditions at the subject property
that may pose a potential liability to a prospective purchaser. For the purposes of the Phase I
ESA, the subject property will be defined as the approximately 170 acres that do not include
the portion of the Landfill Parcel south of the railroad tracks (Figure 1).
• Follow -up Phase II investigations at selected parcels including the Plywood Plant (parcel
number 191318 - 42001), the triangular parcel north of the railroad tracks (parcel number
191318 - 41001; same number as the Landfill Parcel), and the parcels located to the west and
southwest of the Plywood Plant (parcel numbers 191318 - 42401, - 42404, - 43539, and
- 42003), collectively referred to in this proposal as the Plywood Plant parcels (Figure 1). The
investigations will collect data to further evaluate the nature and extent of contamination and
document physical site conditions in these areas, and to allow for the development of
planning -level costs for focused remedial actions and begin pre- design geotechnical
evaluations, as warranted.
The Stage 1 investigative work has been proposed with the understanding that any remedial
action that may be warranted will be conducted in accordance with the Washington State Department of
Ecology (Ecology) Model Toxics Control Act (MTCA) Cleanup Regulation (Chapter 173 -340 WAC).
As part of our project kickoff meeting and throughout implementation of Stage 1, we will work with the
City to determine a regulatory strategy that meets your Project needs. This current proposal does not
include a level of effort for meetings or negotiations with Ecology, or for additional investigative or
remedial actions required by Ecology, because we anticipate that these elements would be addressed
under the Stage 2 scope of work.
SCOPE OF SERVICES — STAGE 1
Our proposed scope of services is focused to provide information regarding environmental and
geotechnical conditions at the Project site, excluding the portion of the Landfill parcel south of the
railroad tracks, that may represent liabilities to the owner or a potential purchaser of the property. Pre-
purchase environmental due diligence commonly includes a Phase I ESA, which is an evaluation of the
history of use and current conditions at the subject and adjacent properties, followed by Phase II sampling
and analysis, as appropriate, which commonly consists of sampling and analysis of soil and /or
groundwater to further evaluate and document conditions of potential concern identified in the Phase I
ESA and evaluate physical conditions at the property. As noted above, the proposed Stage 1 scope of
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
3
work includes a Phase I ESA for most of the Project site and Phase II investigations for the Plywood Plant
parcels (Figure 1).
Our proposed scope of services is outlined below in tasks consisting of
• Acquisition and review of relevant documents /reports from historical investigations, remedial
actions, and previous operations
• Completion of a Phase I ESA, including a site reconnaissance, historical and regulatory data
review, and interviews to evaluate the history of use and current conditions at most of the
Project site excluding the portion of the Landfill parcel south of the railroad tracks (i.e.,
Phase I ESA subject property as defined above)
• Scoping and planning for Phase II investigations at the Plywood Plant parcels
• Initial Phase II investigations at the Plywood Plant parcels
• Supplemental Phase II investigation at the Plywood Plant parcels, as warranted
• Data evaluation and reporting
• Project meetings with the City
• Technical support, communications, management, and administration.
The Phase II investigation at the Plywood Plant parcels will evaluate the nature and extent of
contamination, identify potential remedial alternatives and associated costs, and provide data to support
pre- design geotechnical evaluations. As noted above, a separate Stage 2 scope of work will be developed
for evaluation of subsurface conditions on the Phase I ESA subject property based on the findings of the
due diligence /Phase I ESA investigation included in this proposal. The Stage 2 scope of work for the
Phase I ESA subject property would also include evaluation of potential remedial alternatives and
associated costs, as warranted, and provide additional data to support pre- design geotechnical evaluations
for that area of the Project site.
Task 1: Background Information Acquisition and Review and Environmental Summary
Landau Associates will review relevant previous investigation and remedial action reports and
documents provided to us by the City or the current or former property owners to evaluate the history of
development /operations and physical conditions at the Project site. The findings of the review will be
used to identify and evaluate potential environmental issues, potential onsite and offsite source(s) for, or
locations of, contaminated soil and/or groundwater, and to guide the strategy for the investigation of the
nature and extent of areas of potential contamination on the Project site. In addition, the review will be
used to evaluate the completeness of the existing information and to identify data gaps (e.g., areas of
environmental concern not previously identified or adequately characterized or delineated; deficiencies in
breadth or focus of the investigations, such as adequacy of sampling and analysis of appropriate
contaminants of concern; and lack or deficiency of information needed to effectively and efficiently plan
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
4
and implement remedial actions, as warranted). The document review will also identify documents
relevant for geotechnical evaluations that will be included in the Stage 2 scope of work.
We assume that copies of relevant documents and reports to be included in our review will be
provided to Landau Associates by the City or the current or former property owners. With approval from
the City and from the current property owners, Landau Associates will also conduct a review of any
relevant files that may be present at the Project site. In addition, with approval from the City, Landau
Associates will conduct a review of any relevant files at the Ecology Central Region offices in Yakima,
Washington.
Files regarding adjacent or proximate sites that are identified during the Phase I ESA (See Task 2)
as of potential concern for the Project site will also be included during the review of information in
Ecology files.
Assumptions:
• The City will provide copies of available environmental information or reports about the
Project site including any previous investigation reports, building plans, property maps, or
surveys that they have access to, and assist Landau Associates with communications with the
current or former owners regarding the acquisition of additional relevant documents.
• The review of documents provided by the City or current or former owners will require two
8 -hour days for one Landau Associates professional excluding travel time.
• The review of documents in Ecology files will focus on review of release /spill/
investigation /cleanup documents, and require one 8 -hour day for one Landau Associates
professional excluding travel time. As noted above, the Ecology file review will be
conducted only with prior approval from the City.
Deliverable:
• Landau Associates will prepare a technical memorandum to summarize the findings of our
review and evaluation of the previous investigation reports and current environmental
conditions at the Project site. The technical memorandum will include a figure showing
relevant exploration locations on the Project site that were identified during the document
review.
Task 2: Due Diligence /Phase I Environmental Site Assessment
Landau Associates will conduct a Phase I ESA for the former Yakima (Cascade) Mill (i.e.,
Project) Site [excluding the portion of the property known as the "Landfill Parcel' (parcel number
191318- 41001) south of the railroad tracks, but including the triangular parcel north of the railroad tracks]
(i.e., the subject property) in accordance with the American Society for Testing and Materials (ASTM)
Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process,
E 1527 -05 (as currently applied in the State of Washington). This standard, while subject to changes (as
are all ASTM standards), is recognized as meeting the due diligence provisions of the federal statute
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStage1 _prop- 03-2G13.docx LANDAU ASSOCIATES
5
[Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 USC
9601(35) (B)] and the Washington State MTCA (RCW 70.105D.040) at the time this proposal was
prepared. ASTM E 1527 -05 satisfies the elements of the U.S. Environmental Protection Agency (EPA)
All Appropriate Inquiry rule. This rule establishes requirements that purchasers must meet to limit their
environmental liability under CERCLA and qualify for protections, including the "Bona Fide Prospective
Purchaser" and "Contiguous Property Owner" defenses that were added by amendments to CERCLA.
The goal of the assessment process outlined in ASTM E 1527 -05 is to identify recognized
environmental conditions, which are defined as the presence or likely presence of any hazardous
substances or petroleum products under conditions that indicate an existing release, a past release, or a
material threat of a release of any hazardous substances or petroleum products into structures on the
subject property or into the ground, groundwater, or surface water of the property. The term includes
hazardous substances or petroleum products even under conditions in compliance with laws. The term is
not intended to include de minimis conditions that generally do not present a threat to human health or the
environment and that generally would not be the subject of an enforcement action if brought to the
attention of the appropriate governmental agencies.
Elements not included in ASTM E 1527 -05 (e.g., identification, sampling, and analysis of
asbestos, radon, lead paint, and lead in drinking water and /or wetlands; regulatory compliance; cultural
and historic resources; indoor air quality and vapor intrusion, including the potential presence of mold or
other biological contaminants; industrial hygiene; health and safety; ecological resources; and endangered
species) are not included in our proposed scope, except as specifically identified in this proposal. While
Landau Associates provides selected services related to lead in drinking water, indoor air quality and
vapor intrusion, wetlands, ecological resources, endangered species, and regulatory compliance, you
acknowledge through acceptance of this proposal that these services are not included in this proposed
scope of services, except as specifically identified in this proposal.
It is important to understand that Phase I ESAs are not a means of finding "everything there is to
know about a property." Rather, they are attempts to determine the environmental liabilities of a property
based on reasonably available documentation (both oral and written) within the budget and schedule
limitations. This approach will be applied to our scope of services for the Phase I ESA for the subject
property, which will include:
• Reviewing available aerial photographs, historical fire insurance maps, topographic maps,
city or county maps and street directories, and local historical information to assess past uses
of the subject and surrounding properties from the present back to the subject property's first
developed use, or back to 1940, whichever is earlier.
• Interviewing past owners, operators, and occupants likely to have material information about
past and current uses of the subject property if they have been identified by the City or the
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStage1 _prop- 03-2G13.docx LANDAU ASSOCIATES
6
current or former property owners, and are likely to have information that is not duplicative
of information from other sources.
• Reviewing listings from a subcontracted database service (Environmental Data Resources
Inc.) of confirmed and suspected contaminated sites abstracted from EPA, tribal, and Ecology
environmental databases, as prescribed by ASTM. ASTM requires that these databases be
searched for confirmed and suspected contaminated sites within various distances up to a 1-
mile radius of the subject property.
• Incorporating the relevant results of the document review completed under Task 1 to evaluate
the environmental conditions at the subject property.
• Contacting the local health and fire departments for information they may have on
environmental conditions at and immediately adjacent to the subject property.
• Conducting a site reconnaissance of the subject property to visually and physically observe
current land use activities and environmental conditions. Conditions at the subject property
will be documented with notes and photographs. We will assess current uses at adjoining
properties from the subject property and public rights -of -way to the extent that they are
visually and /or physically observable.
Assumptions:
• The City will provide access and any necessary rights -of -entry to the subject property for the
site reconnaissance.
• The City, or the current or former property owners, will provide access to individuals familiar
with historical operations at the subject property for interviews.
• The City will return to Landau Associates a completed copy of the "User Provided
Information Request Form" (attached) regarding the subject property within 2 weeks of the
authorization of this proposal. This is an element of the ASTM standard, and the form is to
be completed to the best of the City's knowledge as the "User" of the Phase I ESA report.
• Conditions at immediately adjoining properties may not be observable from accessible roads
on the subject property or from public access areas and, as a result, may not be identified
during the site reconnaissance.
• The site reconnaissance will be conducted by two Landau Associates professional and require
one 8 -hour day on site.
Deliverables:
• A draft written report will be prepared to present the results of the Phase I ESA for review by
the City. The report will identify the data gaps identified in the existing information during
our assessment, our efforts to fill them, and comments on whether the data gaps are
significant and affect our overall findings. An electronic copy (in PDF and Word formats) of
the draft report will be provided for review by the City. Four paper copies of the draft report
will also be provided.
• A final report will be prepared incorporating comments, as appropriate, provided by the City.
An electronic copy (in PDF format) of the final report will be provided for use by the City.
Four paper copies of the final report will also be provided.
• Along with findings, our assessment will include, as appropriate, recommendations for any
follow -on (i.e., Stage 2) activities to address incomplete or unresolved issues regarding the
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
7
subject property identified in the Phase I ESA. Our recommendations will be discussed with
the City before we submit the draft report and can be included in the draft, if requested.
Task 3: Plywood Plant Parcels — Phase II Scoping and Planning
Landau Associates will finalize the scope of the Phase II field investigation, based on the results
of the document review (Task 1), and prepare a Work Plan to guide the implementation of the Phase II
investigation (see Tasks 4 and 4a). The Work Plan will detail the scope of the field investigation and
include a Sampling and Analysis Plan (SAP) and Health and Safety Plan (HASP). The Work Plan will
document the methods and procedures that will be used to complete the field investigation, the media to
be sampled, the numbers of samples to be collected, the sample locations and depths, the laboratory
analyses and analytical methods that will be performed on individual samples, and the quality assurance/
quality control procedures that will be implemented during the investigation. A site - specific HASP will
also be prepared for the work, which will identify specific chemical and physical hazards that may be
encountered, personal protection requirements for site workers, and emergency procedures to be followed
in the event of an accident. The HASP will include the required special training and field procedures if
any field work is to be conducted within the railroad right -of -way. This task will also include contracting
for drilling, laboratory analytical, utility locating, and surveying services.
Deliverable:
• Preparation of a Phase II Work Plan that includes a SAP and site - specific HASP.
Task 4: Plywood Plant Parcels — Initial Phase II Investigation
To evaluate subsurface conditions at the Plywood Plant parcels, direct -push drilling, and
sampling and analysis of shallow soil and groundwater will be conducted in areas with the highest
likelihood to be impacted by historical site activities. Samples of soil gas from within the former
Plywood Plant building floor /foundation slab footprint, and surface water (if present) and sediment from
the former evaporation /equalization pond south of the former Plywood Plant, will also be collected for
laboratory analysis.
The scope of the Phase II investigation will be guided by the available information regarding
historical operations at the property, the results of previous environmental investigations, and current
physical site conditions. The specific sampling locations and exploration and sampling methods will be
selected based on current site conditions and the findings of the document review (Task 1) and the due
diligence /Phase I ESA (Task 2). The scope of work for the Phase II investigation will be detailed in the
Work Plan developed in Task 3. To the extent practicable, areas of previously identified "hot spot"
contamination will be further investigated to collect data for evaluation of potential remedial alternatives
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
8
and associated costs, as warranted, and to document physical conditions for pre- design geotechnical
evaluations in support of planned redevelopment of the property. The proposed approach for the Phase II
investigation outlined below was developed based on the information available to us, our experience with
the investigation and redevelopment of other mill and landfill sites, for your use in project planning, and
for the purpose of estimating project costs. The proposed approach will be adjusted, as appropriate, based
on the findings of Tasks 1 and 2.
Our proposed approach will consist of drilling about 40 shallow borings using direct -push drilling
and sampling techniques including:
• About 30 within the Plywood Plant parcels (about 15 acres) south of the railroad tracks (26
for soil and /or groundwater sampling and 4 for soil gas analysis, as discussed below)
• About 10 within the triangle parcel (about 3 acres) north of the railway easement.
Prior to drilling at the property, Landau Associates will contact the "one call" utility locating
service to have public utilities marked and will visit the property with a private utility locator to mark the
proposed sampling locations and private utilities. It will be the responsibility of the private locator to
locate conductible, underground utilities at the property that can be identified using electromagnetic and
radio frequency transmission locating equipment. Landau Associates will also contract with a local
surveyor to mark the boundaries of the parcels to be investigated in the field to aid in effective
implementation of the investigation program. Boring and sampling locations will be identified in the
field by Landau Associates using hand -held global positioning system (GPS) technology.
The proposed soil investigation /sampling strategy will be to visually assess soil conditions
continuously during boring advancement to the depth of groundwater or a depth of 20 ft (whichever is
encountered first), with soil samples collected approximately every 5 ft for potential laboratory analysis.
At locations where wood waste is encountered, the borings will be extended to below the depth of the
wood waste or drilling refusal, whichever is encountered first, to document the vertical extent of the wood
waste in support of pre- design geotechnical evaluations. Soil from each target sample interval, and at
other depths as appropriate, will be field- screened for visual evidence of contamination, using a
photoionization detector (PID) to evaluate whether volatile organic compounds (VOCs) are present in the
soil, and by sheen - testing to evaluate the potential presence of petroleum hydrocarbons. Field- screening
results will be used to select soil samples for laboratory analysis for some or all of the following
constituents: petroleum hydrocarbons [gasoline -range total petroleum hydrocarbons (TPH -G), diesel -
range TPH (TPH -D), and motor oil -range TPH (TPH-0)], metals [MTCA five metals (arsenic, cadmium,
chromium, lead, and mercury) plus iron and manganese], VOCs, semivolatile organic compounds
(SVOCs), pH, total solids, total organic carbon (TOC), and polychlorinated biphenyls (PCBs). In
addition to the samples selected for laboratory analyses, other samples may be submitted to the laboratory
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
9
for archive purposes if field screening indicates evidence of potential contamination at multiple depths to
allow for future analysis, as warranted. The need for analysis of additional samples will be discussed
with the City, and analyzed only with prior approval. The soil samples will also be visually classified for
soil type to support preparation of logs for geologic, hydrogeologic, and pre- design geotechnical
evaluations, and reporting.
Soil samples will be analyzed for a focused series of constituents (i.e., VOCs, SVOCs, metals,
pH, total solids, TOC and PCBs), as warranted, based on observations in the field, specific locations
where contamination was identified based on previously analytical results, and /or proximity to historical
operational areas (e.g., former tank area, Plywood Plant hydraulic pit /machine shop, etc.).
Four borings will be advanced through the former Plywood Plant building floor /foundation slab
to further assess soil gas concentrations. Soil gas concentrations will be measured in the field using a
CES /Landtec GEM -2000 multi -gas meter, similar to previous environmental investigations conducted in
the vicinity of the former Plywood Plant.
Up to two sediment samples will be collected from the stormwater pond (former
equalization /evaporation pond to the south of the former Plywood Plant) for analysis of the same
chemical constituents as noted above for soil.
Groundwater samples will also be collected for laboratory analysis from selected direct -push
borings for a screening -level evaluation of chemical concentrations in groundwater. The direct -push
groundwater sample analytical results will be used to assess the need for further investigation and select
locations for constructed monitoring wells, as appropriate (Task 4a).
Analysis of groundwater samples for a focused series of analytes [i.e., VOCs, SVOCs, metals
(total and dissolved), pH, TOC, and PCBs] will be conducted, as warranted, based on the strategy used to
select the soil sample analyses. The groundwater analyses will likely be similar to the soil analysis for a
given location.
Groundwater samples will be also be collected from the three existing groundwater monitoring
wells within the Plywood Plant investigation area (i.e., MW -9A, MW -12, MW -13) and analyzed for the
full series of chemical constituents indicated above for direct -push groundwater analysis. In addition, one
surface water sample (if surface water is present) will be collected for analysis from the stormwater pond
(former equalization /evaporation pond) for chemical analysis using this same series of analysis for the
existing groundwater monitoring wells.
All samples will be provided to the designated laboratory in chain -of- custody format for analysis.
Landau Associates will coordinate with the laboratory to aid in the processing of the direct -push
technology collected groundwater samples to support receipt of the most representative analytical results.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
10
Assumptions
• Direct -push drilling will be effective to achieve the planned exploration depth of about 20
feet at the subject property, and the investigation will include about 40 borings and require
five 10 -hour days for a drilling subcontractor with oversight by two Landau Associates
professionals. Soil samples will be collected from 36 boring locations. Soil samples will be
selected and submitted for laboratory analysis as follows:
— Up to 54 soil samples will be analyzed for petroleum hydrocarbons (TPH -D and TPH -O),
and metals (arsenic, cadmium, chromium, lead, mercury, iron, and manganese).
— Up to 36 soil samples will be analyzed for pH, total solids, and TOC.
— Up to 28 soil samples will be analyzed for TPH -G, VOCs, and SVOCs.
— A selected number of soil samples (up to 15) will be analyzed for PCBs.
— The above estimates assume that one soil sample will be analyzed at each drilling
location and a second sample will be analyzed at approximately half of the locations for
the parameters identified above.
• The two sediment samples will be analyzed for petroleum hydrocarbons (TPH -G, TPH -D,
TPH -O), VOCs, SVOCs, PCBs, metals, pH, and TOC.
• Duplicate soil /sediment samples will not be collected.
• Groundwater samples will be collected for analysis from up to approximately 18 direct -push
locations and 3 existing monitoring wells. Groundwater samples will be analyzed as follows:
— Up to 18 groundwater samples collected from direct -push borings will be analyzed for
petroleum hydrocarbons [TPH -D and TPH -O (using silica gel cleanup techniques)],
dissolved metals (arsenic, cadmium, chromium, lead, mercury, iron and manganese ), and
TOC.
— Up to 13 groundwater samples collected from direct -push borings will be analyzed for
TPH -G, VOCs (with selected ion monitoring for selected constituents for lowest possible
detection limit), and SVOCs (with selected ion monitoring for selected constituents).
— The groundwater samples collected from monitoring wells (three samples) and the
surface water sample will be analyzed for petroleum hydrocarbons (TPH -G, TPH -D,
TPH -O), VOCs, SVOCs, PCBs, metals (total and dissolved), and TOC.
— One duplicate groundwater sample will be collected from an existing monitoring well and
analyzed for the parameters listed above.
• Soil gas samples will be analyzed using a hand meter, and analysis by an offsite laboratory
will not be required.
• Utility locating will include one 8 -hour day for the utility locating subcontractor with
oversight by a Landau Associates professional.
• Surveying will include one 8 -hour day for the surveying subcontractor with oversight by a
Landau Associates professional
Deliverables:
• Based on the findings of the Phase II investigation, a work plan technical memorandum will
be provided to identify the proposed scope of work for the supplemental Phase II
investigations (Task 4a), as warranted.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
II
• A Phase II report will be prepared to document the Phase II investigation for the Plywood
Plant parcels as outlined in Task 5.
Task 4a: Plywood Plant Parcels — Supplemental Phase II Investigation
The supplemental Phase II investigation will consist of additional soil and groundwater sampling
and analysis that will be conducted, as warranted, to address data gaps identified during the initial Phase
II investigation (Task 4). If identified during the initial Phase II investigation, potential hot spot areas
will be further characterized to document the extent of the contamination and allow for evaluation of
potential remedial alternatives and associated estimated costs to support cleanup and redevelopment. As
with the initial Phase II investigation, the drilling and sampling activities during the supplemental
investigation would also include the collection of data regarding physical conditions that would be used to
support pre- design geotechnical evaluations, as appropriate.
As noted above, the proposed Phase II and Supplemental Phase II investigations outlined in this
proposal are based on the available information and for the purpose of estimating project costs; they do
not include any additional investigation or remedial actions that may be required by Ecology once formal
discussions /negotiations are begun regarding cleanup of the Project site.
For planning purposes, we have assumed that the supplemental field investigation will include:
• One day of direct -push soil sampling and selected soil analysis consistent with the suite of
analytes identified in Task 4.
• Installation and development of six groundwater monitoring wells placed at locations where
soil and screening -level groundwater results from the initial field investigation indicate
further evaluation is required. Groundwater samples will be collected from each of the wells
and submitted for laboratory analysis consistent with the suite of analytes identified in
Task 4.
The locations for any new groundwater monitoring wells will be selected taking into account
recommendations from previous reports documenting environmental investigations at the Project site.
Groundwater monitoring wells will be surveyed upon completion of installation.
Assumptions:
• Direct -push drilling will include about 10 borings and require one 10 -hour day for a drilling
subcontractor with oversight by two Landau Associates professionals.
• Hollow -stem auger drilling and monitoring well installation will include six locations and
require three 10 -hour days for a drilling subcontractor with oversight by a Landau Associates
professional.
• Soil samples will be collected from each of the 16 boring locations (10 direct -push and 6
hollow -stem auger). For the purposes of estimating costs, we have assumed that soil samples
will be selected and submitted for similar laboratory analysis as the initial samples, as
follows; however, the actual analysis will be adjusted based on the analytical results from the
initial sampling and analysis:
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
12
— Up to 21 soil samples will be analyzed for petroleum hydrocarbons (TPH -D and TPH -O),
and metals (arsenic, cadmium, chromium, lead, mercury, iron and manganese).
— Up to 16 soil samples will be analyzed for pH, total solids, and TOC.
— Up to 10 soil samples will be analyzed for TPH -G, VOCs, SVOCs, and PCBs.
— The above estimates assume that one soil sample will be analyzed at each drilling
location and that a second sample will be analyzed at approximately half of the locations
for the parameters identified above.
• Duplicate soil /sediment samples will not be collected.
• Groundwater samples will be collected for analysis from six new monitoring wells. The
analyses for the groundwater samples will be selected based on the data from the initial
sampling and analysis, and the rationale for well placement; however, for the purposes of
estimating costs, we have assumed that the samples will be analyzed as follows:
— All groundwater samples collected from the new monitoring wells (six samples) will be
analyzed for petroleum hydrocarbons (TPH -D, TPH -O), metals (total and dissolved), and
TOC.
— Half of the groundwater samples collected from the new monitoring wells (three samples)
will be analyzed for TPH -G, VOCs (with selected ion monitoring for selected
constituents for lowest possible detection limit), SVOCs (with selected ion monitoring for
selected constituents), and PCBs.
— One duplicate groundwater sample will be collected from an existing monitoring well and
analyzed for the parameters listed above.
• Utility locating will include one 8 -hour day for the private utility locating subcontractor with
oversight by a Landau Associates professional.
• Surveying will include one 8 -hour day for the surveying subcontractor with oversight by a
Landau Associates professional.
Deliverable:
• The results of the supplemental Phase II investigations will be included in the Phase II
investigation report prepared under Task 5.
Task 5: Phase II Data Evaluation and Reporting
Following completion of the field investigation and upon receipt of final laboratory results,
Landau Associates will prepare a report that summarizes the results of the Phase II investigation. The
report will include a description of the methods and procedures used to collect the data, a summary table
of laboratory analytical results, soil boring logs describing subsurface soil conditions, and an evaluation
of the laboratory data (including validation of the laboratory data for quality assurance /quality control
purposes) and visual observations within the context of the Ecology MTCA cleanup regulation. The
report will also include a section documenting pre- design geotechnical evaluations based on the data
regarding physical site conditions developed during the Phase II field investigations.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
13
Assumption:
• One report will be prepared to document the initial and supplemental Phase II investigations
for the Plywood Plant parcels, including the triangular parcel.
Deliverables:
• A draft report will be prepared to present the results of the Phase II investigations (both Tasks
4 and 4a) for review by the City. An electronic copy (in PDF and Word formats) of the draft
report will be provided for review by the City. Four paper copies of the draft report will also
be provided.
• A final report will be prepared incorporating comments, as appropriate, provided by the City.
An electronic copy (in PDF format) of the final report will be provided for use by the City.
Four paper copies of the final report will also be provided.
Task 6: Project Meetings
To facilitate the tasks included above, we have proposed a series of meeting with the City to
discuss the Project. The meetings would be conducted when Landau Associates staff members are at the
Project site for work on other tasks, at milestones for the Project where discussions are warranted, or as
requested by the City.
Assumption:
• Two Landau Associates professionals will conduct six 2 -hour meetings with City staff. We
anticipate one Project kickoff meeting, one meeting following completion of the document
review and Phase II work plan, one meeting to discuss the findings of the Phase I ESA, one
meeting to discuss the findings of the Phase II investigation and recommendations for Stage 2
activities, and two contingency meetings to be scheduled, as warranted. For purposes of
estimating project costs, we have assumed that three meetings will be held at City offices, and
that three meetings will be held via conference call /teleconference.
Deliverable:
• Meeting summary notes, including identified action items, will be prepared and submitted to
the City to document each meeting.
Task 7: Technical Support, Communications, Management, and Administration
Landau Associates will provide technical support to the City related to the Project site, as
requested, regarding property acquisition, property investigation, environmental and geotechnical
conditions, cleanup and regulatory compliance, and /or funding sources. Landau Associates will also
coordinate with the City on the progress of the Project as work proceeds, prepare monthly progress
reports as necessary, prepare invoicing, and transmit correspondence. Landau Associates will maintain
necessary supporting materials as required. The Project Manager will communicate regularly with the
City Project Manager, monitor work task performance, maintain the schedule and budget, and approve
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStage1 _prop- 03-2G13.docx LANDAU ASSOCIATES
14
work expenses. The Project Manager will ensure that systems are in place to conduct quality assurance
and quality control on deliverables and correspondence.
ESTIMATED SCHEDULE
We are prepared to initiate the work described in this proposal upon receipt of your authorization
to proceed and will develop a schedule that will suit your needs for the project. Assuming that all of the
proposed tasks are authorized together, we anticipate the following schedule, based on time after receipt
of authorization:
OVERALL ASSUMPTIONS
Our assumptions in preparing this scope and cost estimate include the following
• The environmental evaluations proposed herein are intended to provide data to assess and
document current Project site conditions in support of planning for cleanup and
redevelopment, but are not intended to be sufficient for final remedial action plans and
designs.
• Because our evaluation will be based in part on work performed and reported by other
parties, we cannot guarantee the accuracy of the information reviewed, although we will
make general assessments regarding the value and applicability of the previously generated
data as part of our evaluation of Project site conditions. This scope of services does not
include independent field- verification of the data provided in documents or reports prepared
by others and provided to Landau Associates for review. Therefore, it is understood that the
conclusions we draw from the review of documents or reports prepared by others is
dependent on the assumption that the information provided in these documents is accurate.
During the course of our data review and collection, Landau Associates will evaluate the
existing information for consistency with that collected during performance of that scope of
work outlined above and notify the City of any inconsistencies.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
15
• The City will provide copies of available environmental information about the subject
property including any previous investigations or surveys that they have access to, and assist
Landau Associates with communications with the current or former owners regarding the
acquisition of additional relevant documents.
• The City will arrange for access and any necessary rights -of -entry to the subject property, and
ensure that demolition debris and other obstacles are removed from the property to allow
observation of the ground surface and facilitate selection and marking of drilling and
sampling locations.
• For the Phase II investigation, the City will provide any available information regarding the
locations of any non - conductible underground utilities (e.g., concrete or plastic piping) at the
subject property. Non - conductible utilities are not typically identified using conventional
radio detection utility locating equipment.
• Soil cuttings, groundwater sampling purge water and equipment decontamination water
generated during the Phase II sampling activities will be contained and stored in drums at the
subject property pending receipt of the soil and groundwater analytical results. Landau
Associates will label the drums and assist the City with evaluation and arrangements for
transportation and appropriate disposal. However, costs for offsite disposal of the drummed
soil and water, if needed, are not included in our estimated costs for this project. We will
discuss appropriate disposal options of the drums and the associated costs with you, based on
the analytical data for the Phase II samples once they are received.
• The proposed Phase II and Supplemental Phase II investigations outlined in this proposal are
based on the available information and for the purpose of estimating project costs; they do not
include any additional investigation or remedial actions that may be required by Ecology
once formal discussions /negotiations are begun regarding cleanup of the Project site.
Costs do not include a contingency amount for unanticipated out -of -scope activities by
subcontractors and /or Landau Associates.
ESTIMATED BUDGET
The estimated cost for the proposed scope 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) is attached.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
16
Task 1 — Background Information Acquisition and Review and Environmental Summary $10,400
Task 2 — Due Diligence /Phase I Environmental Site Assessment $9,900
Task 3 — Plywood Plant Parcels — Phase II Scoping and Planning $7,800
Task 4 — Plywood Plant Parcels - Initial Phase II Investigation: $82,900
Estimated subcontractor costs (which are included in the task total above) include:
• Survey — $2400
• Sample Collection Costs — Direct -Push Drilling Contractor — $13,500
• Locating /Marking Utilities — Utility Locating Subcontractor — $640
• Analytical Costs — $52,000
Task 4a — Plywood Plant Parcels - Supplemental Phase II Investigation:
$51,900
• Estimated subcontractor costs (which are included in the task total above) include:
• Survey - $1,500
• Sample Collection Costs — Direct -Push and Hollow -stem Auger Drilling Contractor —
$18,200
• Locating /Marking Utilities — Utility Locating Subcontractor — $480
• Analytical Costs — $18,800
Task 5 — Phase II Data Evaluation and Reporting:
$22,000
Task 6 — Project Meetings
$11,600
Task 7 — Technical Support, Communications, Management, and Administration:
$24,200
ESTIMATED TOTAL COST:
$220,700
As noted above, our services will be provided on a cost plus fixed -fee basis consistent with the
WSDOT LAG Manual. We anticipate that the work for this project will be conducted under a contract
that meets the LAG Manual format, and that the City will provide a proposed contract for Landau
Associates review. If unforeseen conditions are encountered, we will bring these to your attention and
seek modification to the scope of services and budget, as appropriate.
PROJECT STAFF
Landau Associates staff for this project will include Tim Syverson, L.G., Senior Associate
Geologist, who will be responsible for day -to -day management of the project. Tim has conducted due
diligence investigations for hundreds of properties in the Northwest with most of the properties being
acquired for development or redevelopment. Dave Pischer, P.E., Principal, will provide technical and
regulatory support to the project and will be available to provide the City with guidance on the
implications of site conditions relative to potential redevelopment of the Project site. Working with Tim
and Dave on the project will be Landau Associates staff experienced with Phase I and II investigations
and property redevelopment at commercial and industrial properties in the Northwest.
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
17
Thank you for giving Landau Associates the opportunity to provide this proposal. We look
forward to working with the City of Yakima on this project. Please give us a call if you have any
questions regarding this proposal.
LANDAU ASSOCIATES, INC.
Timothy L. Syverson, L.G.
Senior Associate Geologist
(40'4)�X' Ac��
David A. Pischer, P.E.
Principal
TLS /JAF /DAP /ccy
No. 143.525
Attachments: Figure 1 — Project Site Parcels: Stage 1 Work Areas
User - Provided Information Request Form
Exhibit E -1: Consultant Fee Determination Summary Sheet
03/26/13 S: \Sharedoc \000proposal \C_ Yakima \2012- 10_Em,GeoRemediation for Yakima Mill Site Development\ 2013MillSiteSOUNLandauYakimaMillSiteStagel _prop- 03-2G13.do- LANDAU ASSOCIATES
18
ESSt
N
a
co
z
EOSt
ENSt
U)
L_
V
Erickson Ln z
Thornton Ln
2
2
m
N
74
m
82
31509 \
31508 42401'
E F sk
2
1
eesk
Legend
Phase I ESA
C Phase I ESA & Phase 11 Investigations (i.e., Plywood Plant Parcels)
Tax Parcels and Parcel Site Number (191318- XXXXX)
Data Source: Yakima County GIs, ESRI World Imagery
Yakima Facility
LANDAU Yakima, Washington
ASSOCIATES
41001
82
Note
1. Black and white reproduction of this colc
original may reduce its effectiveness an(
lead to incorrect interpretation.
0 700 1,40
Scale in Feet
Project Site Parcels: Figure
Stage 1 Work Areas
Murphy Ln
EJSt
LL
N
O
EISt
O
V
U)
a
LL
O
2
_
w
a
a
1
m
rn
2
o
z
o-
m
0
cA EF gt
2
2
m
N
74
m
82
31509 \
31508 42401'
E F sk
2
1
eesk
Legend
Phase I ESA
C Phase I ESA & Phase 11 Investigations (i.e., Plywood Plant Parcels)
Tax Parcels and Parcel Site Number (191318- XXXXX)
Data Source: Yakima County GIs, ESRI World Imagery
Yakima Facility
LANDAU Yakima, Washington
ASSOCIATES
41001
82
Note
1. Black and white reproduction of this colc
original may reduce its effectiveness an(
lead to incorrect interpretation.
0 700 1,40
Scale in Feet
Project Site Parcels: Figure
Stage 1 Work Areas
14 LANDAU Phase I Real Estate Transfer Assessment / Environmental
ASSOCIATES
Site Assessment User Provided Information Request Form
Name:
Company Name:
Relationship to user:
Title:
Phone:
Relationship to subject property:
1. Are you aware of any environmental cleanup liens against the subject property that are filed or recorded under
federal, tribal, state or local law?
No Yes (if yes, please provide details in the space below).
2. Are you aware of any Activity and Use Limitations (AULs), such as engineering controls, land use restrictions or
institutional controls that are in place at the subject property and /or have been filed or recorded in a registry under
federal, tribal, state or local law?
No Yes (if yes, please provide details in the space below).
3. As the user of this Environmental Site Assessment (ESA) do you have any specialized knowledge or experience
related to the subject property or nearby properties? For example, are you involved in the same line of business as
the current or former occupants of the subject property or adjacent property so that you would have specialized
knowledge of the chemicals and processes used at this type of business?
No Yes (if yes, please provide details in the space below).
4. Does the purchase price being paid for the subject property reasonably reflect the fair market value of the subject
property? No Yes . If you conclude that there is a difference, have you considered
whether the lower price is because contamination is known or believed to be present at the subject property.
No Yes (please provide details in the space below).
2/28/07 \\ Edmdata \sharedoc \000proposal \ESAs \_Ph I ESA Questionnaire.doc LANDAU ASSOCIATES
1
14 ASSOCIATES LANDAU Phase I Real Estate Transfer Assessment / Environmental
Site Assessment User Provided Information Request Form
5. Are you aware of commonly known or reasonably ascertainable information about the subject property that would
help Landau Associates to identify conditions indicative of releases or threatened releases? For example, as user,
a) Do you know the past uses of the subject property?
No Yes
b) Do you know of specific chemicals that are present or once were present at the subject property?
No Yes
c) Do you know of spills or other chemical releases that have taken place at the subject property?
No Yes
d) Do you known of any environmental cleanups that have taken place at the subject property?
No Yes
If you answered yes to any of the above, please provide details in the space below.
6. As the user of this ESA, based on your knowledge and experience related to the subject property, are there any
obvious indicators that point to the presence or likely presence of contamination at the subject property?
No Yes (if yes, please provide details in the space below).
Signature / Date
2/28/07 \\ Edmdata \sharedoc \000proposal \ESAs \_Ph I ESA Questionnaire.doc LANDAU ASSOCIATES
2
Exhibit E -1
Consultant Fee Determination Summary Sheet
(Lump Sum, Cost Plus Fixed Fee, Cost Per Unit of Work)
Project: Cascade Mill Site, Yakima, Washington
Consultant: Landau Associates
Direct Salary Cost (DSC):
Classification
Principal
Senior Associate
Associate
Senior
Senior Project
Project
Senior Staff
Senior CAD
Staff /Senior Technician II
Assistant /Senior Technician I
Project Coordinator
CAD /GIS Technician
Technician
Support Staff
Hours
=
Direct Salary =
Cost
40
X
$71.75
$2,870.00
168
X
$52.95
$8,895.60
70
X
$42.59
$2,981.30
70
X
$37.94
$2,655.80
0
X
$35.19
$0.00
X
$30.27
$0.00
448
X
$25.37
$11,365.76
X
$33.17
$0.00
X
$23.52
$0.00
X
$29.18
$0.00
96
X
$25.69
$2,466.24
40
X
$26.14
$1,045.60
X
$17.95
$0.00
30
X
$19.47
$584.10
X
$0.00
X
$0.00
Total Direct Salary =
$32,864.40
Overhead Cost @ 187.70% of Direct Labor Cost = $61,686.48
Fixed Fee @ 30% of Direct labor Cost = $9,859.32
Total Direct Labor = $104,410.20
Reimbursables:
Travel Expenses (mileage, meals, lodging)
Survey Subcontractor
Utility Locate Subcontractor
Laboratory Testing
Drilling Subcontractor
Non -Labor Expenses (equipment)
Reproduction Expenses
Consultant Total
Prepared By: T. Syverson Date: 3/26/2013
$4,074.60
$3,900.00
$1,120.00
$70,740.00
$31,710.00
$4,700.00
$90.00
_ $220,744.80