HomeMy WebLinkAbout 08/17/2021 06.J. Resolution authorizing an Agreement with Landau Associates to perform the design and remediation for the environmental cleanup of the former Tiger Oil site at 1808 North First Street 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.J.
For Meeting of:August 17, 2021
ITEM TITLE: Resolution authorizing an Agreement with Landau Associates to
perform the design and remediation for the environmental cleanup of
the former Tiger Oil site at 1808 North First Street
SUBMITTED BY: Scott Schafer, Director of Public Works
Bill Preston, City Engineer- (509) 575-6754
SUMMARY EXPLANATION:
The City of Yakima (City) has been working with the Department of Ecology(DOE)to clean up the
former Tiger Oil site located at 1808 N First Street. On March 6, 2021, City Council adopted
Resolution 2021-039 that authorized the City Manager to execute an Agreed Order with DOE to begin
cleanup efforts at this site. In May 2021, the City used the Municipal Research Service Center Roster
process to select Landau Associates to begin cleanup requirements as determined by the City and
DOE.
The City recommends entering into a Professional Services agreement with Landau
Associates to perform the design and remediation of the 1808 North First Street Site Cleanup
project, which includes contaminated soil removal, monitoring well replacements, and a
groundwater interim action.
Enclosed for City Council review is the Agreement with Landau Associates. The Project cost is
$644,177 and is funded with a combination of DOE funds (75%) and City funds (25%). Additional
DOE funding is available if the project extends beyond the current scope of work.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
2
Description Upload Date Type
D Resolution Landau Tiger Oil 8/4/2021 Resolution
0 Landau Selection Letter 7/20/2021 Backup Material
a Agreement-Landau Tiger OH 8/4/2021 Contract
3
RESOLUTION NO. R-2021-
A RESOLUTION authorizing an Agreement with Landau Associates to perform the design
and remediation for the environmental cleanup of the former Tiger Oil site
at 1808 North First Street
WHEREAS, the City of Yakima (City) desires to enter into a Professional Services
Agreement with Landau Associates to perform the design work necessary to develop a plan and
perform remediation for the environmental cleanup of the former Tiger Oil site at 1808 North
First Street; and
WHEREAS, the City used the procedure established by the State of Washington to
select a professional firm using the Municipal Research and Service Center Professional
Services Roster process; selecting Landau Associates; and
WHEREAS, Landau Associates has the expertise to perform the design and remediation
of the 1808 North First Street Site Tiger Oil Cleanup project, which includes contaminated soil
removal, monitoring well replacements, and a groundwater interim action; and
WHEREAS, the Scope of Work included in this Professional Services Agreement with
Landau Associates meet the needs and requirements of the City of Yakima for this project; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to enter into the Agreement to prepare a plan and perform remediation for the
environmental cleanup of the former Tiger Oil site at 1808 North First Street; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to enter into an Agreement with Landau
Associates, attached hereto and incorporated herein by this reference, not to exceed Six
Hundred Forty-Four Thousand One Hundred Seventy-Seven Dollars ($644,177) to provide the
Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 17'h day of August, 2021.
Patricia Byers, Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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by°+h, Engkeering Division
7/ 129 Nora Second Street
•'% Yakima, Washington 98901 4
' (509) 575-611 I Fax(509) 576-6305
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July 2, 2021
Piper Roelen, PE
Landau Associates
130 2nd Avenue South
Edmonds, WA 98020
Re: 1808 North First Street Site Cleanup
Consultant Selection
Dear Mr. Roelen,
Congratulations! The selection team assembled by the City of Yakima has
recommended that your firm be hired to perform the design and remediation of
the 1808 North First Street Site Cleanup project, which includes contaminated
soil removal, monitoring well replacements, and a groundwater interim action. We
would like to begin negotiations with you on the Professional Services Agreement
(PSA) for this work. Please develop and provide a scope of work with anticipated
fees for discussion. The standard City of Yakima PSA will be used, see attached.
Once a satisfactory PSA has been developed, it will be presented to the City
Council for their approval.
It was a pleasure reviewing your team's Statement of Qualification, and we look
forward to working with your firm on this important project.
If you have any questions, fell free to call me at (509) 576-6754.
Sincerely,
Bill Preston, PE
City Engineer
Copy: Ben Annen, PE, Engineering
\\Yakima_City\YKEN\Shared\1 City of Yakima Eng Projects\2389 Tiger Oil\1808 N 1st\Contracts and Agreements\Landau
Selection Letter.docx
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For City of Yakima Use Only:
Contract No.
Project No. AGREEMENT
Resolution No. BETWEEN
SOO No. CITY OF YAKIMA, WASHINGTON
AND
LANDAU ASSOCIATES
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2021, by and between
the City of Yakima, Washington, a Washington municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY," and Landau Associates, with its
principal office at 155 NE 100th Street, Ste 302, Seattle, WA 98125, hereinafter referred to as"ENGINEER";
said corporation and its principal engineers are licensed and registered to do business in the State of
Washington, and will provide engineering services under this AGREEMENT for the 1808 North First Street
project on behalf of the City of Yakima, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services and staff support for
developing the PROJECT, as described in this AGREEMENT and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge
and experience necessary to satisfactorily accomplish the work within the required time and that it has no
conflicts of interest prohibited by law from entering into this AGREEMENT;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the AGREEMENT.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign
Piper Roelen, PE, as Principal-in-Charge throughout the term of this AGREEMENT unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in EXHIBIT A - PROJECT
SCOPE OF SERVICES (PROJECT) which is attached hereto and made a part of this
AGREEMENT as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this AGREEMENT is executed, and that additional
WORK related to the PROJECT and not covered in Exhibit A may be needed during performance
of this AGREEMENT. CITY may, at any time, by written order, direct the ENGINEER to revise
portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of
the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as"Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this AGREEMENT, a contract price
and/or completion time adjustment pursuant to this AGREEMENT shall be made and
modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in EXHIBIT A— PROJECT
SCOPE OF SERVICES, attached hereto and incorporated herein by this reference, and if
so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall
not perform any Additional Services until so authorized by CITY and agreed to by the
ENGINEER in writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date
of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating to the ENGINEER'S services on the PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide
labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems
appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care to its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
AGREEMENT. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which the
ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely
as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and
obligations under this AGREEMENT or by law. The ENGINEER shall be entitled to reasonably rely
upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this AGREEMENT, CITY and ENGINEER agree that at such time as the CITY provides
ENGINEER specific written authorization to proceed with one or more of the tasks described in
EXHIBIT A, ENGINEER shall begin work. The time for completion of each task shall be as mutually
agreed.
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SECTION 5 COMPENSATION
5.1 COMPENSATION SHALL BE INVOICED MONTHLY ON A TIME SPENT BASIS AT SPECIFIC
HOURLY RATES: For the services described in Exhibit A, compensation shall be according to
Exhibit B-Schedule of Rates, attached hereto and incorporated herein by this reference, on a time
spent basis plus reimbursement for direct non-salary expenses. The maximum amount of
compensation to the ENGINEER shall not exceed $645,000 without the written agreement of the
CITY and the ENGINEER.
5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging;
laboratory tests and analyses; printing, binding and reproduction charges; all costs
associated with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual
charges plus a reasonable markup, not to exceed ten percent (10%) and on the basis of
current rates when furnished by ENGINEER.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible, will
use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage,
and FAX charges are not included in the direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided to the CITY through this AGREEMENT.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed the amount set forth in Section 5.1 above. The ENGINEER shall make all
reasonable efforts to complete each task within the budget established for that task, and will keep
CITY informed of progress toward that end so that the budget can be adjusted if found necessary.
The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been
increased, the ENGINEER's excess costs expended prior to such increase will be allowable to the
same extent as if such costs had been incurred after the approved increase, and provided that the
CITY was informed in writing and approved of the additional costs prior to the time such costs were
incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date
of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with
each invoice identification of the work performed, a summary of time expended on the PROJECT
for the current billing period, copies of subconsultant invoices, and any other supporting materials
determined by the CITY necessary to substantiate the costs incurred. CITY will use its best efforts
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to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and
amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice.
CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent
invoice together with additional supporting information requested.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or
the maximum interest rate permitted by law, whichever is less; provided, however, that no interest
shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW
39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-
five (45) days after satisfactory completion of the services required by this AGREEMENT as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this AGREEMENT, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release
in stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this AGREEMENT or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
AGREEMENT.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy,
timely completion, and the coordination of all plans, design, drawings, specifications, reports, and
other services furnished by the ENGINEER under this AGREEMENT. The ENGINEER shall,
without additional compensation, correct or review any errors, omissions, or other deficiencies in
its plans, designs, drawings, specifications, reports, and other services. The ENGINEER shall
perform its WORK according to generally accepted civil engineering standards of care and
consistent with achieving the PROJECT WORK within budget, on time, and in compliance with
applicable laws, regulations, and permits and performed with the standard of professional care and
judgment normally employed by engineering or other professionals performing similar services in
the project area at the time Services are performed.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this AGREEMENT or at law or any cause of
action arising out of the performance of this AGREEMENT.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any manner
whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of
CITY by reason hereof and will not make any claim, demand, or application to or for any right or
privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible
for any claims for wages or compensation by ENGINEER's employees, agents, and
representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
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6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and
appointed officials, agents, officers, employees, and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys' fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the ENGINEER's
performance under this AGREEMENT. In the event that any lien is placed upon the
City's property or any of the City's officers, employees or agents as a result of the
negligence or willful misconduct of the ENGINEER, the ENGINEER shall at once
cause the same to be dissolved and discharged by giving bond or other necessary
satisfaction.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or expense
resulting from injuries to persons or damages to property, caused solely by the negligence
or willful misconduct of the CITY, its employees, or agents in connection with the
PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this AGREEMENT shall be construed to create a
liability or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this AGREEMENT shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the
Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations
have been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and cost/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care and judgment in such investigations.
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SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The PROJECT schedule and performance dates for the individual tasks shall be mutually agreed
to by the CITY and the ENGINEER. The performance dates and budgets for tasks may be modified
only upon written agreement of the parties hereto. The performance date for tasks shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the CITY's Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the ENGINEER and subconsultants on
each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the request of the CITY
for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There
shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
including, but not limited to, litigation expenses and attorney's fees arising out of or related to such
unauthorized reuse, change, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, losses, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENGINEER's own negligent acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this AGREEM ENT or which are developed or produced
and paid for under this AGREEMENT, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this AGREEMENT in accordance
with generally accepted accounting principles, the Public Records Act, and practices consistently
applied. The ENGINEER shall promptly furnish the CITY with such records which are related to
the WORK of this AGREEMENT as may be requested by the CITY. The CITY, or the CITY'S duly
authorized representative, shall have access to such books, records, documents, and other
evidence for inspection, audit, and copying for a period of six (6) years after completion of the
PROJECT, or for a longer period if required by law or by the Washington State Secretary of State's
records retention schedule. The CITY shall also have access to such books, records, and
documents during the performance of the PROJECT WORK, if deemed necessary by the CITY.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
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the pertinent portions of the draft audit report and that the final audit report will include ENGINEER's
written comments, if any.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the PROJECT.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
9.6 During the performance of the tasks assigned under this Agreement ENGINEER shall at all times
maintain strict confidentiality with respect to all documents, materials, plans, designs, specifications
and any other information belonging to the CITY that ENGINEER may have access to or observe
while performing the tasks presented in this Agreement;further, ENGINEER shall not disclose any
confidential CITY information that ENGINNER may have access to or come into contact with to any
third parties whatsoever, at any time during the term of this Agreement; such prohibition shall be a
continuing obligation that shall remain effective after the termination of this Agreement.
9.7 All records relating to ENGINEER'S work under this Agreement must be made available to the
CITY, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services and WORK under this Agreement
must be retained by the ENGINEER for the minimum period of time required pursuant to the
Washington Secretary of State's records retention schedule.
9.8 The terms of Section 9 shall survive any expiration or termination of this Agreement.
SECTION 10 INSURANCE
10.1 At all times during performance of WORK, ENGINEER shall secure and maintain in effect insurance
to protect the CITY and the ENGINEER from and against all claims, damages, losses, and
expenses arising out of or resulting from the performance of this AGREEMENT. ENGINEER shall
provide and maintain in force insurance in limits no less than that stated below, as applicable. The
CITY reserves the rights to require higher limits should it deem it necessary in the best interest of
the public. If ENGINEER carries higher coverage limits than the limits stated below, such higher
limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be
named as an additional insured for such higher limits.
10.1.1 Commercial General Liability Insurance. Before this AGREEMENT is fully executed
by the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of One Million
Dollars ($1,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this AGREEMENT. The policy shall name the City, its elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VI I or higher in Best's Guide and admitted in the State of Washington.
Subcontractors: If subcontractors will be used, the same terms and limits of
coverage will apply, and a certificate will be required per the instructions above.
10.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this AGREEMENT is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability
insurance with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined
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single limit bodily injury and property damage. Automobile liability will apply to "Any
Auto" and be shown on the certificate.
b. If ENGINEER does not own any vehicles, only "Non-owned and Hired Automobile
Liability" will be required and may be added to the commercial liability coverage at
the same limits as required in that section of this AGREEMENT, which is Section
10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided
are in effect. Said policy shall be in effect for the duration of this AGREEMENT. The
policy shall name the CITY, its elected and appointed officials, officers, agents,
employees, and volunteers as additional insureds. The insured shall not cancel or
change the insurance without first giving the CITY thirty (30) calendar days prior
written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this AGREEMENT is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
professional liability coverage with a total liability limit of the limits required in the policy,
subject to minimum limits of One Million Dollars ($1,000,000.00) per claim, and Two
Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the
provider is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this
AGREEMENT. The insured shall not cancel or change the insurance without first giving
the CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide. If the policy is
written on a claims made basis the coverage will continue in force for an additional two
years after the completion of this AGREEMENT.
Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected and appointed officials,
officers, principals, employees, representatives, volunteers and agents shall have no
obligation for payment of premiums because of being named as additional insureds
under such insurance. None of the policies issued pursuant to the requirements
contained herein shall be canceled, allowed to expire, or changed in any manner that
affects the rights of the CITY until thirty (30) days after written notice to the CITY of such
intended cancellation, expiration or change.
10.1.5 Umbrella Policy.Contractor shall maintain an umbrella insurance policy with limits of no
less than Five Million Dollars ($5,000,000). A required certificate of insurance shall
clearly state who the provider is, the coverage amount, the policy number, and when the
policy and provisions provided are in effect. Said policy shall be in effect for the duration
of this AGREEMENT. The policy shall name the CITY, its elected and appointed officials,
officers, agents, employees, and volunteers as additional insureds. The insured shall
not cancel or change the insurance without first giving the CITY thirty (30) calendar days
prior written notice. The insurance shall be with an insurance company or companies
rated A-VII or higher in Best's Guide and admitted in the State of Washington.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this AGREEMENT.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
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unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative,
if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review
shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY does not anticipate ENGINEER will subcontract with additional persons or firms for the
purpose of completing this AGREEMENT.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by subconsultants and subcontractors during the preceding month and copies of all invoices
thereto.
SECTION 12 ASSIGNMENT
12.1 This AGREEMENT is binding on the heirs, successors and assigns of the parties hereto. This
AGREEMENT may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no
third-party beneficiaries are created by this AGREEM ENT, and that the rights and remedies provided
herein shall inure only to the benefit of the parties to this AGREEMENT.
SECTION 13 INTEGRATION
13.1 This AGREEMENT represents the entire understanding of CITY and ENGINEER as to those
matters contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This AGREEMENT may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This AGREEMENT shall be administered and interpreted under the laws of the State of
Washington. Jurisdiction of litigation arising from this AGREEMENT shall be in Washington State.
If any part of this AGREEMENT is found to conflict with applicable laws, such part shall be
inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this
AGREEMENT shall be in full force and effect. Venue of all disputes arising under this
AGREEMENT shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this AGREEMENT, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, or any
other classification protected under federal, state, or local law. This provision shall include but not
be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising,
layoff or termination, rates of pay or other forms of compensation, selection for training, and the
provision of services under this AGREEMENT. ENGINEER agrees to comply with the applicable
provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this
AGREEMENT if unforeseen circumstances beyond CITY'S control are interfering with normal
progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the
WORK under this AGREEMENT if unforeseen circumstances beyond ENGINEER's control are
interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in
the event CITY does not pay invoices when due, except where otherwise provided by this
AGREEMENT. The time for completion of the WORK shall be extended by the number of days
WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this
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AGREEMENT are subject to renegotiation, and both parties are granted the option to terminate
WORK on the suspended portion of PROJECT in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this AGREEMENT, in whole or in part, if the other party materially
breaches its obligations under this AGREEMENT and is in default through no fault of the
terminating party. However, no such termination may be effected unless the other party is given:
(1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation and for cure with the
terminating party before termination. Notice shall be considered issued within seventy-two (72)
hours of mailing by certified mail to the place of business of either party as set forth in this
AGREEMENT.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this
AGREEMENT for its convenience, in whole or in part, provided the ENGINEER is given: (1) not
less than fifteen (15) calendar days written notice delivered by certified mail, return receipt
requested, of intent to terminate; and (2) an opportunity for consultation with CITY before the
effective termination date.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the AGREEMENT shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the
time of termination may be adjusted to the extent of any additional costs or damages CITY has
incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing another
firm to complete it. Under no circumstances shall payments made under this provision exceed the
contract price. In the event of default, the ENGINEER agrees to pay CITY for any and all damages,
costs, and expenses whether directly, indirectly, or consequentially caused by said default. This
provision shall not preclude CITY from filing claims and/or commencing litigation to secure
compensation for damages incurred beyond that covered by contract retainage or other withheld
payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the AGREEMENT shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
AGREEMENT, whether completed or in progress, with the ENGINEER retaining copies of the
same.
17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the AGREEMENT shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
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obligations to complete performance under this AGREEMENT without the concurrence and written
approval of CITY. If CITY agrees to termination of this AGREEMENT under this provision,payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation or performance of this
AGREEMENT, or in the event of a notice of default as to whether such default does constitute a
breach of the AGREEMENT, and if the parties hereto cannot mutually settle such differences,then
the parties shall first pursue mediation as a means to resolve the dispute. If neither of the afore
mentioned methods are successful then any dispute relating to this AGREEMENT shall be decided
in the courts of Yakima County, in accordance with SECTION 14. If both parties consent in writing,
other available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this AGREEMENT shall be directed to the party
at the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
Attn: Mr. Bill Preston, City Engineer
129 N. 29d Street
Yakima, WA 98901
ENGINEER: Landau Associates
Attn: Chip Halbert, PE, President/CEO
155 NE 100th Street, Ste 302
Seattle, WA 98125
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA LANDAU ASSOCIATES
Signature nature
Printed Name: Robert Harrison Printed Name: Chip Halbert, PE
Title: City Manacter Title: President/CEO
Date: Date: g
Attest
City Clerk
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16
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Robert Harrison is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized
to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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17
STATE OF WASHINGTON )
` )ss.
COUNTY OF d44 K T p
I certify that I know or have satisfactory evidence that Chip Halbert is the person who appeared before me,
and said person acknowledged that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument, and acknowledged it as the President of Landau Associates to be the
free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated: W�3 / a 1
Seal or Stamp
( , '
MICHAEL COPELAN ( (Signature)
Notary Public ` Not Rib 1:G
' State of Washington
Commission# 189099 I Title
My Comm. Expires Apr 3, 2024 I /A- t'.1"41,-e t l 04 Gtek
Printed Name q / / l
My commission expires: [ 3 / a`I
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EXHIBIT A
PROJECT SCOPE OF SERVICES
CITY OF YAKIMA
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LANDAU
1,4 ASSOCIATES
Exhibit A
August 2, 2021
Mr. Bill Preston, PE
Engineering Department
City of Yakima
200 South Third Street
Yakima,Washington 98901
Attn: Mr. Bill Preston, City Engineer
Re: Proposed Scope of Services and Estimated Costs—Remediation Services
Former Tiger Oil Facility
1808 North 1St Street
Yakima,Washington
Ecology Facility/Site ID 477
Dear Mr. Preston:
Landau Associates, Inc. (LAI) is pleased to submit this proposed scope of services and the associated
estimated costs to the City of Yakima (City) to perform remediation services at the former Tiger Oil
facility located at 1808 North 1S`Street in Yakima, Washington (Site). The proposed remediation
activities include replacing up to four groundwater monitoring wells, performing excavation and
disposal of petroleum-contaminated soils, completing interim in situ treatment of groundwater by
installing injection points and injecting oxygen into the subsurface to enhance aerobic
bioremediation, and preparing an interim action report documenting the completed work and
associated results.
Project Understanding
The Site property is owned by the City but is under a Lease-to-Own agreement between the City and a
Lessee. The Site is located at the northern end of the City near (south of) the confluence of the Yakima
and Naches Rivers. The Site includes a 0.65-acre parcel that was used as a gasoline station and
convenience store between 1979 and 2001. Gasoline,diesel, waste oil, and heating oil were stored in
underground storage tanks (USTs) at the property. Three gasoline tanks (20,000-, 8,000-, and 10,000-
gallon), one 6,000-gallon diesel tank, and associated fueling islands/piping were removed in 2005. The
heating and waste oil tanks were removed in 2019. No other USTs are known to be present at the Site.
A remedial investigation (RI) report completed in 2017 documented the presence of petroleum-
contaminated vadose zone and smear zone soils associated with the gasoline and UST systems
(GeoEngineers 2017). A UST assessment report in 2019 documented the presence of additional
petroleum-contaminated soil remaining in the sidewall and bottom of the heating oil UST and waste
oil UST excavation pits, respectively (Fulcrum 2019). Data from the RI and Tank Assessment report
155 NE 100th St,Ste 302 • Seattle,WA 98125 • 206.631.8680 • www.landauinc.com
20
City of Yakima Tiger Oil Remediation Proposal Landau Associates
indicated total petroleum hydrocarbon (TPH) concentrations in Site soils were above the applicable
cleanup levels.
This proposed scope of services is consistent with the Scope of Work included in Agreed Order(AO)
No. DE19882 between the City and the Washington State Department of Ecology (Ecology) and
includes excavation of petroleum-contaminated soil and treatment of groundwater. The work is being
conducted in support of achieving a No Further Action (NFA) determination for the Site from Ecology.
The scope of services and estimated costs included in this proposal were developed based on the AO,
LAI's discussions with the City and Ecology representatives, our knowledge of the Site from previous
investigations, and our experience at similar sites.
Scope of Services
The proposed scope of services and associated cost estimate are summarized below with more
detailed descriptions of each associated task.
The proposed scope of services includes:
• Installation of up to four replacement monitoring wells and drilling of up to three additional
exploratory soil borings to better define the extent and location of soil contamination at the
Site.
• Removal of clean overburden and excavation and disposal of approximately 360 cubic yards
(CY) of subsurface soil from three areas of the Site with documented petroleum
contamination.
• Collection of soil samples from the base and/or sidewalls of the excavations to confirm
impacted soils above the water table have been removed (or document remaining conditions
where contaminated soil is not feasible to remove—i.e., contaminated soil beneath buildings,
utilities, public rights-of-way, etc.).
• Addition of a chemical oxidant and oxygen release compound (ORC) into the bottom of
excavations that reach groundwater to treat residual contamination below the water table
and stimulate aerobic bioremediation; and backfilling the excavation with clean soils.
• Preparation of an interim action work plan for City and Ecology review that identifies
pertinent details regarding the elements involved in completing the interim action.
• Installation of approximately 24 temporary injection points and a one-time delivery of oxygen
to the subsurface through the injection points.
• Groundwater monitoring to assess changes in contaminant concentrations.
• Preparation of an interim action report documenting the work performed and results.
Task 1: Contaminated Soil Removal
LAI will subcontract with Glacier Environmental Services, Inc. (Glacier), an earthwork company with
Occupational Safety and Health Administration (OSHA) 40-hour Hazardous Waste Operations and
Emergency Response (HAZWOPER)-trained personnel, to perform the remedial excavation. Based on
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
information from the RI and UST site assessment reports as well as discussions with Ecology and the
City, LAI assumes that this task includes excavation of clean overburden soil down to the
contaminated soil zone and removal of contaminated soils in three areas of the Site.
In area 1 (in the vicinity of the former gasoline and diesel USTs near N1MW-7), LAI assumes that the
overburden excavation will be completed to a depth of approximately 9 feet (ft), and a roughly 5.5-ft-
thick layer of TPH-contaminated soil will be removed for disposal.
In excavation area 2 (in the vicinity of the former furnace oil UST), LAI assumes that the overburden
excavation will be completed to a depth of approximately 5 ft, and a roughly 1-ft-thick layer of
contaminated soil will be removed for disposal.
In excavation area 3 (in the vicinity of the former waste oil tank), LAI assumes that the overburden
excavation will be completed to a depth of approximately 7 ft, and a roughly 3-ft-thick layer of
contaminated soil will be removed for disposal.
It is assumed that that the clean overburden soil from each excavation can be temporarily stockpiled
onsite and used as backfill, and that a total of approximately 360 CY of contaminated soil will be
transported to a Subtitle D landfill for offsite disposal. The estimated costs for this task assume the
soil must be transported to Roosevelt Regional Landfill or Findley Buttes Landfill; hauling and disposal
costs may be significantly reduced if the City/Yakima County will authorize disposal at Terrace Heights
or Cheyne Landfills.
LAI assumes a total of up to 12 confirmation soil samples will be collected from the bottom and
sidewalls of the excavations and each will be analyzed for gasoline-range total petroleum
hydrocarbons (TPH-G), diesel- and oil-range TPH (TPH-D/O), and benzene, toluene, ethylbenzene and
xylene (BTEX).
Based on historical concentrations reported at N1MW-7, where TPH concentrations are indicative of
residual saturation/free product (see Model Toxics Control Act [MTCA]Table 747-5), to the extent
practicable, LAI will perform the following activities in addition to removal and disposal of
contaminated soil in the vadose zone to address contaminated soil below the groundwater table:
1) Where the excavation extends below the groundwater table, LAI will instruct the contractor to
agitate saturated soils 2-3 ft below the water table with the excavator bucket to displace free
product trapped in soil pores. Liberated free product will be captured and removed with
sorbent booms and/or pads to avoid excavating and managing wet soils and/or expensive
dewatering activities.
2) A combination of chemical oxidant and ORC will be placed in the bottom of the excavation
below the water table before backfilling with clean import soil. LAI recommends the Klozur®
CR product from PeroxyChem at a rate of 1-5 pounds per square foot of excavation area to
treat residual contamination. The product will be mixed into the upper 2 ft of backfill placed
below the water table for optimal distribution and dissolution
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
Completion of the remedial excavation and backfilling is anticipated to take up to 32 days including
utility locates.The total number of days needed to complete the task will depend on conditions
encountered, including placement and management of shoring, if needed. Confirmation sampling will
be conducted immediately following completion of excavation.
Task 2: Monitoring Well Replacement
Note that based on discussions with Ecology and the City, while identified as the second task for this
work in the AO, this task may be completed prior to Task 1.
It is LAI's understanding, based on recent Site observations and discussions with Ecology, that
previous Site monitoring wells N1MW-1, N1MW-6, and N1MW-7 have been destroyed and need to be
replaced. It is also possible that one additional monitoring well may be needed at the Site to provide
data to evaluate and plan for Task 1 and/or Task 3. For Task 2, LAI has assumed that up to four
monitoring wells will be installed and that no well abandonment of the former wells is necessary or
possible. LAI is also aware that monitoring well N1MW-4 may require surface repair. These repairs are
included in this scope of work.
LAI will subcontract with an appropriately certified drilling firm to install these wells per Washington's
Minimum Standards for Construction and Maintenance of Wells (Washington Administrative Code
173-160). Each well will be constructed with 2-inch diameter Schedule 40 polyvinyl chloride (PVC) pipe
to a depth of 20 ft below ground surface (bgs). Wells will be constructed with 0.010 slot screens from
10 to 20 ft bgs and will be completed with flush-mount vaults and locking well caps at the surface.
Additionally, up to three soil borings will be drilled to better define the current location and extent of
soil contamination identified in the 2017 RI and 2019 UST site assessment. Hollow-stem auger (HSA)
drilling techniques will be utilized to complete the wells and soil borings; up to two soil samples will
be collected from each soil boring.
LAI will subcontract a licensed land surveyor to collect ground surface and top of casing elevations for
each monitoring well. This data will be tabulated and used to determine groundwater elevations at
monitoring wells during sampling and monitoring events and to aid in generation of potentiometric
groundwater surface maps.
LAI also assumes that one groundwater sample will be collected from each new monitoring well (after
completion of well development) and from each existing monitoring well to determine baseline
conditions prior to injection. Soil and water samples will be analyzed for TPH-G,TPH-D/O, and BTEX.
Investigation-derived wastes, including drill cuttings and well development water,will be contained in
drums (estimated up to 10 drums), labeled, and stored at the Site pending disposal. Installation of the
replacement monitoring wells plus subsequent well development and sampling is anticipated to take
3-4 days to complete.
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
Task 3a: Interim Action Work Plan Preparation
LAI will prepare an interim action work plan that provides a consolidated document for City and
Ecology review that will inform and direct LAI field and project management staff. The work plan will
incorporate or discuss each of the elements indicated in this proposal, including(but not limited to):
identification of pertinent subcontractors; sources and types of oxygen tanks and associated delivery
equipment; locations and details for construction of monitoring wells; locations and details for
construction of injection points; calculated oxygen injection amounts and associated details on
estimated injection volumes, pressures, and radius of influence; and a health and safety plan (HASP).
The work plan will also identify applicable preliminary cleanup levels based on MTCA Method A or
Method B values against which collected soil and groundwater analytical data will be compared.
LAI will coordinate with the City and the property owners and lessors regarding performance of field
work (see Task 3b) and will apply for necessary authorization for subsurface injection work under the
Ecology Underground Injection Control program, if needed.
Task 3b: Interim Action Field Execution
As identified in the AO, the interim action approach includes injection of oxygen gas (02) into the
subsurface through injection points to enhance the aerobic biodegradation of dissolved-phase
petroleum hydrocarbons in groundwater.
Injection Point Installation
1. To achieve these injections, LAI will install approximately 24 temporary injection points
spaced roughly 20 ft apart. LAI will subcontract with an appropriately certified drilling firm to
install these injection points. The injection wells be designed to serve the dual purpose of 02
injection described in the AO and for contingent in situ chemical oxidation (ISCO) and ORC
injection (see Task 3c below) targeting a large vertical interval and using larger injection
volumes should 02 injection fail to sufficiently reduce contaminant concentrations. A 10-ft
screen length (approximately 10-20 ft bgs) is recommended to allow for ISCO and ORC
treatment of the smear zone (water table ranging from 11 to 14 ft bgs with some of the
highest TPH-G in soil concentrations occurring at 14-16.5 ft bgs). However, to also allow for
02 injection across a 1-ft screen length at least 17 ft deep (at least 3 ft below the 14 ft low
water table), as required by the AO, the injection points will be constructed as follows:
— Injection points will be constructed as 2-inch diameter Schedule 40 PVC injection wells
screened from 10 to 20 ft with a minimum 0.020-inch slot size.
— These wells will be temporarily fitted with snug-fitting inner sleeves (PVC pipe or
tubing, with chemical compatible 0-rings as needed) from 0 to 19 ft, isolating the
bottom 1 ft of screen for the Oz injections.
— If, after completion of 02 injection, it is determined that contingent ISCO and/or ORC
injections are necessary (not included in this proposal),the sleeve and fittings will be
removed.
— The injection wells will be installed using HSA drilling techniques.
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
2. LAI also recommends a one-time groundwater sampling event from each injection well for
TPH prior to 02 injection. We commonly use this approach to obtain high-resolution baseline
data of the treatment zone,which allows for focused treatment and reduces the risk of
treating areas where minimal impacts remain. We typically collect these groundwater samples
at the end of well development to obtain samples without the expense of an additional
groundwater monitoring event. This snapshot of data on 20-ft centers would be very
beneficial in directing extra treatment where it is needed most.
Installation of the injection points is anticipated to take up to 9 days to complete. Investigation-
derived wastes, including drill cuttings and well development water, will be contained in drums
(estimated up to 10 drums), labeled, and stored at the Site pending disposal.
02 Injection
For the purposes of this proposal,the quantity of 02 to be injected has been approximated using an
averaging calculation based on TPH concentrations in groundwater observed during the RI
(GeoEngineers 2017).The report indicates that there is approximately 3.5 kilograms (kg) of dissolved-
phase petroleum mass in groundwater at the Site. Approximately 3 moles of 02 are needed to
degrade 1 mole of hydrocarbon (US Environmental Protection Agency [EPA] 2021). Based on this ratio,
it would theoretically take about 3 kg of 02 to degrade this quantity of petroleum. However,this
approach assumes the 02 is proportionately distributed to the equivalent mass of petroleum at any
given location and is completely dissolved and available to the microbial populations that can
metabolize petroleum. Based on the diffuse and heterogeneous distribution of petroleum at the Site,
and to account for any other natural oxygen demand (such as organic carbon) present in the aquifer
and petroleum mass,a significantly higher quantity of 02 would be necessary to provide adequate
distribution and dissolution of 02 into groundwater.
Pure Oz injections can achieve dissolved oxygen concentrations of 40-50 milligrams per liter (EPA
2017). Assuming the low (conservative) end of this range can be achieved, and that the depth of the
saturated zone requiring treatment is approximately 6-7 ft, a minimum of 50 kg of 02 will need to be
injected across the Site to treat Site groundwater (or more than 2 kg or 50 cubic feet [cf] per injection
point). Note that these are preliminary estimates only,and a more detailed evaluation will be
included in the interim action work plan (Task 3a). As noted below in the contingency discussion,
recent TPH concentrations in soil and groundwater indicate likely residual free product and a much
higher TPH mass requiring treatment than is reflected in the GeoEngineers estimate.
The oxygen injections are anticipated to take up to 5 days to complete.
Monitoring
Task 3b includes two quarters of groundwater monitoring after the oxygen injections are completed
to evaluate the effectiveness of the treatment. This will include sampling of up to eight monitoring
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
wells and analysis of each sample for TPH-G,TPH-O, and BTEX.' Depth to groundwater/groundwater
elevations will be collected during each monitoring event.
Task 3c: Interim Action Contingency
As explained in LAI's June 17, 2021 Statement of Qualifications, the event-based oxygen gas sparging
approach has several limitations that may limit its effectiveness at remediating TPH-impacted
groundwater at the Site.
Based on these limitations and our extensive experience with remediation of petroleum contaminated
sites, it is LAI's expectation that of one or more contingent actions will be necessary to achieve
groundwater cleanup levels at the Site. Examples of the types of contingent actions that may be
necessary could include additional remedial excavation, additional oxygen injection events, and/or
injection of chemical oxidant(e.g., activated persulfate) injection followed by longer-lasting ORC
injection.
Because the need and scope of such contingent remedial actions depend on conditions remaining
upon completion of Task 3b, scoping and completion of contingent actions (and associated cost
estimates) for Task 3c are not included in this proposal.
Task 3d: Interim Action Report
After groundwater monitoring has been completed as described in Task 3b, LAI will prepare an interim
action report documenting the excavation and injection activities and summarizing results of the
interim action and associated monitoring described above. The report will include: a description of
field activities completed; comparisons of final soil and groundwater confirmation sample results to
applicable MTCA cleanup levels; discussion of data validation and data quality; well logs;site plans
and maps (including excavation, monitoring well, and injection point location maps and
potentiometric groundwater contour maps); copies of laboratory reports and tabulated data;
groundwater quality trends; and field sampling forms.
This task also includes project management, administration, and coordination for each of the tasks
identified in this proposal. LAI will also prepare a Site-specific HASP to include performance of the
tasks described herein.
Deliverables
• Client review draft data report in electronic format(Adobe PDF® and Microsoft Word® files)
for review by the City.
1 Note that per MTCA Table 830-1,footnote 14(a),testing for naphthalene is not required when using Method A cleanup
levels,because they are included in the TPH cleanup level
August 2,2021 7
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
• Final data report following receipt of, and incorporation of, responses to client comments
regarding the client review draft.
Estimated Schedule
LAI is prepared to begin work on this project immediately upon receipt of notice to proceed. As
discussed above, LAI recognizes that Site work will need to be coordinated with the City, the property
owners,and the lessee to minimize disruption of current Site operations. LAI will begin activities
within 2 weeks of receipt of notice to proceed. LAI will provide deliverables following the approximate
schedule below (tasks listed in anticipated order of completion). A detailed schedule of the interim
action activities will be provided in the interim action plan.
Task 2 The estimated time for completion of monitoring well replacement and soil
and groundwater sampling is approximately 45 days after notice to proceed,
depending on drilling subcontractor availability and property access
considerations.
Task 3a The estimated time for submittal of the draft interim action work plan is
approximately 60 days after receipt of soil and groundwater sampling
analytical results from Task 2. Submittal ofa final work plan will be dependent
on the City's and Ecology's review time and the extent of required revisions.
Task 1 The estimated time for completion of remedial excavation work is
approximately 60 days after City and Ecology approval of the interim action
work plan (Task 3a), depending on excavation subcontractor availability and
property access considerations.
Task 3b The estimated time for completion of injection point drilling/installation and
oxygen injections is approximately 60 days after completion of the remedial
excavation, depending on drilling subcontractor availability and property
access considerations.
Task 3c The scope and schedule for contingency work will be determined by the
effectiveness of the interim action and feedback and authorization from the
City and Ecology.
Task 3d The estimated time for submittal of a draft interim action report to Ecology is
approximately 60 days following Ecology's concurrence that interim actions
are complete. Submittal ofa final report will depend on the City's and
Ecology's review time and the extent of required revisions.
Estimated Budget
The estimated cost for the scope of services outlined above is approximately$645,000.This cost 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 in a Consultant Fee Determination Summary Sheet(see Table 2) and summarized by Task in
Table 1. If unforeseen conditions are encountered, LAI will bring these to your attention and seek
modification to the scope of services and budget,as appropriate.
August 2,2021 8
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City of Yakima Tiger Oil Remediation Proposal Landau Associates
Estimated labor costs have been developed based on direct labor costs established as the"Not-To-
Exceed" labor rate for each LAI billing category calculated using our approved WSDOT overhead rate
(see Exhibit B). However, labor charges will be accrued based on the actual direct labor rate for the
LAI staff members working on the various aspects of the project.
We anticipate that the work for this project will be conducted under a final version of the draft
contract the City provided to LAI on July 16, 2021 for LAI review.
Project Staff
LAI staff for this project will include Piper Roelen, PE, Principal Engineer,who will be the Project
Manager based on his experience on other petroleum remediation projects and the strong working
relationship he has established with City personnel on the Yakima Landfill project. Piper will be
assisted by Jeff Menken, LG as Deputy Project Manager and ClintJacob, PE, LG as Senior Technical
Advisor. Shane Kostka, LG and Jered Newcomb, EIT will lead field implementation activities. Other
technical and administrative staff may also support this project as needed.
Thank you for giving LAI the opportunity to provide this request for modifying the contracted scope of
services. We look forward to working with the City team on this project. Please contact me at
(425) 329-0319 or PRoelen@landauinc.com if you have any questions regarding this proposal.
LANDAU ASSOCIATES, INC.
(7/:: '-''------ —
Piper Roelen, PE
Principal
PMR/JWM/Ijl
2021-9379
IX:\C YAKIMA\2021-6 TIGER OIL\JULY 2021 PROPOSAL\FINAL C YAKIMA TIGER OIL REMEDIATION PROPOSAL_8-2-2021.DOCXI
Attachments: Table 1. Cost Estimate
Table 2. Consultant Fee Determination Summary Sheet
Exhibit B. Schedule of Rates
References
EPA. 2017. How to Evaluate Alternative Cleanup Technologies for Underground Storage Tank Sites: A
Guide for Corrective Action Plan Reviewers. EPA 510-B-17-003. US Environmental Protection
Agency. October. https://www.epa.gov/sites/default/files/2014-03/documents/tum chl2.pdf.
EPA. 2021. "CLU-IN: Bioremediation, Aerobic Bioremediation (Direct)." Contaminated Site Clean-Up
Information (CLU-IN) Web Site, US Environmental Protection Agency Office of Superfund
August 2,2021 9
28
City of Yakima Tiger Oil Remediation Proposal Landau Associates
Remediation and Technology Innovation. May 7. https://clu-
in.org/techfocus/default.focus/sec/Bioremediation/cat/Aerobic Bioremediation (Direct)/.
Fulcrum. 2019. Preliminary Results—Underground Storage Tank Site Assessment, Former Tiger Oil
Site, 1808 North 1st Street,Yakima,Washington. Fulcrum Environmental Consulting. October 22.
GeoEngineers. 2017. Remedial Investigation,Tiger Oil, 1808 North 1st Street, Yakima,Washington.
May 22.
August 2,2021 10
Table 1 Page 1 of 1
Tiger Oil-Cost Estimate
1808 North First Street 29
Yakima Washington
TABLE 1 II Tiger Oil Cleanup - Cost Estimate
ITEM QUANTITY UNIT APPROX. TOTAL
UNIT COST
Task 1 UST&Contaminated Soil Removals(Remedial Excavation)
Mobilization 1 LS $ 15,551 $ 15,551
Soil Excavation(-2,000 CY) 2000 CY $ 37 $ 74,820
Shoring(sheet and beam,if needed) 1 LS $ 53,653 $ 53,653
Soil Hauling and Disposal(-400 CY) 400 TN $ 128 $ 51,264
Import Clean Fill 1100 TN $ 43 $ 47,480
Backfill and Compact Clean Fill 1890 CY $ 24 $ 46,195
Place ORC/Oxidant in excavation 1 LS $ 3,575 $ 3,575
Site Restoration 2000 SF $ 22 $ 44,110
Utility Locate 1 LS $ 300 $ 300
Construction Oversight 32 DAY $ 1,674 $ 53,566
Confirmation Sampling(TP-Gx/Dx, BTEX) 12 EA $ 493 $ 5,913
Task Subtotal $ 396,400
Task 2 Monitoring Well Replacements
2"Monitoring Wells(-20'deep);4 wells 4 EA $ 3,447 $ 13,789
Construction Oversight/Well Development 4 DAY $ 2,090 $ 8,358
Well Sampling 1 DAY $ 3,165 $ 3,165
Lab Analyses(TPH-G),TPH-D/O,and BTEX 4 EA $ 1,440 $ 5,760
Survey 1 LS $ 1,850 $ 1,870
IDW Disposal 10 DRUM $ 200 $ 2,200
Task Subtotal $ 12,191 $ 35,100
Task 3a Interim Action Work Preparation
Permits(grading, ROW,traffic control) 1 LS $ 2,000 $ 890
Interim Action Work Plan 1 LS $ 27,000 $ 18,093
Health and Safety Plan 1 LS $ 1,000 $ 1,000
Task Subtotal $ 20,000
Task 36 Interim Action Field Execution
2"Injection Wells (-20'deep); 24 injection points 24 EA $ 2,861 $ 68,672
Construction Oversight,Well Development 10 DAY $ 1,947 $ 19,470
IDW Disposal 10 DRUM $ 200 $ 2,000
Oxygen Injections 3 DAY $ 8,640 $ 25,919
Monitoring(baseline+2 quarters) 16 WELL $ 430 $ 22,197
Task Subtotal $ 138,300
Task 3c Interim Action Contingency Work-Not Included in Proposed Scope of Services(Examples Only)
Expanded Remedial Excavation TBD $ -
Additional Oxygen Injections TBD $ -
ISCO/ORC Injection TBD $ -
Other TBD $ -
Task Subtotal $ -
Task 3d Interim Action Report
Interim Action Report 1 LS $ 24,962 $ 24,962
Task Subtotal $ 25,000
Project Management
Project Management,Administration,and Meetings 1 LS $ 30,046 $ 30,046
Task Subtotal $ 30,000
Total Estimated Cost L7402I0
Notes:
Costs includel 0%subcontractor handling fee(per contract). Estimated costs do not include any contingency costs;if
unexpected conditions are encountered or unanticipated tasks are required, LAI will bring these to the City's attention and
request additional budget or revised scope as necessary.
8/2/2021 X:\C_Yakima\2021-6Tigeroil\July2021 proposal\FinalTbl1_Tiger Oil Cost Table_rev072821 Landau Associates
Table 2
Consultant Fee Determination Summary Sheet
Project: City of Yakima - 1808 North First Street (Tiger Oil) Site Cleanup
Subconsultant: Landau Associates
Direct Salary Cost (DSC):
Classification (b) Hours = rvpical Rate (a = Cost
Principal* 104.5 X $75.13 $7,850.56
Senior Associate 0 X $61.78 $0.00
Associate 108 X $55.29 $5,971.32
Senior 0 X $44.00 $0.00
Senior Project 0 X $44.72 $0.00
Project 136 X $40.00 30 $5,440.00
Senior CAD/GIS Technician 0 X $42.35 $0.00
Senior Staff 670 X $42.35 $28,374.50
Staff/Senior Technician II 0 X $37.05 $0.00
Data Specialist 48 X $36.30 $1,742.40
CAD/GIS Technician 24 X $41.35 $992.40
Project Coordinator 72 X $35.00 $2,520.00
Assistant/Senior Technician I 0 X $23.50 $0.00
Technician 0 X $23.50 $0.00
Support Staff 0 X $28.00 $0.00
Total Hours = 1162.5 Total Direct Salary = $52,891.18
Overhead Cost @ 212.63%of Direct Labor Cost (c) = $112,462.52
Fixed Fee @ 30%of Direct labor Cost = $15,867.35
Total Direct Labor = $181,221.06
Subconsultants (d)
Laboratory Analytical $19,600.00
Driller $74,182.00
Excavation Contractor $300,118.58
Other Subconsultant (Utility Locator,Surveyor) $6,600.00
Injection Material Vendors (Oxygen, ISCO/ORC) $3,450.00
Subcontractor Markup (10%) $40,395.06
Total Subcontractor/SubconsultantCost = $444,345.64
Reimbursables (d)
Travel Expenses (est. #miles @
$0.575/mile IRS) 4060 X $0.575 $2,334.50
Per Diem (WSDOT Rates-
Yakima) 36 X $96.00 $3,456.00
Other Non-Labor Expenses (equipment and supplies) $12,819.30
Total Reimbursables = $18,609.80
Subconsultant Total = $644,176.50
Prepared By: Jeff Menken Date: 7/27/2021
(a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed.
Each category may have multiple employees assigned to that billing category and each employee
may have a different hourly rate of pay. Employee compensation is subject to adjustment annually.
(b)Classifications shown are general,the actual invoice will show our employee's specific discipline
for e.g.,Senior Engineer,Senior Geologist,Senior Planner.
(c)Per WSDOT analytical review of Landau Associates'financial statements for the year ended 6/30/19.
(d)Per terms of Contract No.2016-109,subcontractor and reimbursable expenses include a markup not to exceed
10%. IRS allowable mileage charges apply.
* Excludes CEO
31
EXHIBIT B
SCHEDULE OF RATES
Page 15
32
EXHIBIT B
Schedule of Rates
Landau Associates, Inc.
Classification Hourly Rates
Principal $258.31
Senior Associate $212.42
Associate $190.11
Senior $151.29
Senior Project $153.77
Project $137.54
Senior CAD/GIS Analyst $145.62
Senior Staff $145.62
Staff $127.39
Data Specialist $124.81
Senior Technician II $127.39
Assistant/Senior Tech I $80.80
Technician $80.80
CAD $142.18
GIS Technician $142.18
Project Coordinator $120.34
Support Staff $96.28