Loading...
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 s° `Y.".,t �a°++a 0� • i rr 11 i � "i enc u nrry 1 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 �'nntt,t t t <`,A ci' 2 L4L Z :dam issla d d a t by°+h, Engkeering Division 7/ 129 Nora Second Street •'% Yakima, Washington 98901 4 ' (509) 575-611 I Fax(509) 576-6305 r lttt ltr •"-. 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 5 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." Page 1 6 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. Page 2 7 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 Page 3 8 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. Page 4 9 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. Page 5 10 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 Page 6 11 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 Page 7 12 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 Page 8 13 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 Page 9 14 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 Page 10 15 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 Page 11 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: Page 12 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 Page 13 18 EXHIBIT A PROJECT SCOPE OF SERVICES CITY OF YAKIMA Page 14 19 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 August 2,2021 2 21 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 August 2,2021 3 22 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. August 2,2021 4 23 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. August 2,2021 5 24 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 August 2,2021 6 25 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 26 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 27 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