HomeMy WebLinkAboutContract CAG-19-151
AGREEMENT FOR PHASE 2 ENVIRONMENTAL SITE ASSESSMENT
THIS AGREEMENT, dated M rY dQ, 2019 is by and between the City of Renton (the "City"), a
Washington municipal corporation,and Landau Associates, 130 2nd Avenue South Edmonds,WA
98020 ("Consultant"), a Washington corporation. The City and the Consultant are referred to
collectively in this Agreement as the"Parties."Once fully executed by the Parties,this Agreement
is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide Phase 2 Environmental Site Assessment as
specified in Exhibit A, which is attached and incorporated herein and may hereinafter be
referred to as the "Work."
2. Changes in Scope of Work: The City, without invalidating this Agreement, may order
changes to the Work consisting of additions,deletions or modifications.Any such changes
to the Work shall be ordered by the City in writing and the Compensation shall be
equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually
agreed by the Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement
pursuant to the schedule(s) set forth in Exhibit A.All Work shall be performed by no later
than August 15, 2019.
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this
Agreement shall not exceed $22,400.00, plus any applicable state and local sales
taxes. Compensation shall be paid on a time and expense based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit A. The Consultant
agrees that any hourly or flat rate charged by it for its Work shall remain locked at the
negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit A.
Except as specifically provided herein, the Consultant shall be solely responsible for
payment of any taxes imposed as a result of the performance and payment of this
Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter
in which Work is performed,the Consultant shall submit a voucher or invoice in a form
specified by the City, including a description of what Work has been performed, the
name of the personnel performing such Work, and any hourly labor charge rate for
such personnel. The Consultant shall also submit a final bill upon completion of all
Work. Payment shall be made by the City for Work performed within thirty (30)
calendar days after receipt and approval by the appropriate City representative of the
voucher or invoice. If the Consultant's performance does not meet the requirements
of this Agreement, the Consultant will correct or modify its performance to comply
with the Agreement.The City may withhold payment for work that does not meet the
requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by
the City of any remedies it may have against the Consultant for failure of the
Consultant to perform the Work or for any breach of this Agreement by the
Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for
payment under this Agreement for any future fiscal period, the City shall not be
obligated to make payments for Work or amounts incurred after the end of the
current fiscal period, and this Agreement will terminate upon the completion of all
remaining Work for which funds are allocated. No penalty or expense shall accrue to
the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time, with or without
cause by giving ten (10) calendar days' notice to the Consultant in writing. In the event
of such termination or suspension,all finished or unfinished documents,data,studies,
worksheets, models and reports, or other material prepared by the Consultant
pursuant to this Agreement shall be submitted to the City, if any are required as part
of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled
to payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance
of Work for which the agreed compensation is a fixed fee, the City shall pay the
Consultant an equitable share of the fixed fee. This provision shall not prevent the
City from seeking any legal remedies it may have for the violation or nonperformance
of any of the provisions of this Agreement and such charges due to the City shall be
deducted from the final payment due the Consultant. No payment shall be made by
the City for any expenses incurred or work done following the effective date of
termination unless authorized in advance in writing by the City.
6. Warranties And Right To Use Work Product: Consultant represents and warrants that
Consultant will perform all Work identified in this Agreement in a professional and
workmanlike manner and in accordance with all reasonable and professional standards
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and laws. Compliance with professional standards includes, as applicable, performing the
Work in compliance with applicable City standards or guidelines (e.g. design criteria and
Standard Plans for Road, Bridge and Municipal Construction). Professional engineers shall
certify engineering plans, specifications, plats, and reports, as applicable, pursuant to
RCW 18.43.070. Consultant further represents and warrants that all final work product
created for and delivered to the City pursuant to this Agreement shall be the original work
of the Consultant and free from any intellectual property encumbrance which would
restrict the City from using the work product. Consultant grants to the City a non-
exclusive, perpetual right and license to use, reproduce, distribute, adapt, modify, and
display all final work product produced pursuant to this Agreement. The City's or other's
adaptation, modification or use of the final work products other than for the purposes of
this Agreement shall be without liability to the Consultant. The provisions of this section
shall survive the expiration or termination of this Agreement.
7. Record Maintenance: The Consultant shall maintain accounts and records, which
properly reflect all direct and indirect costs expended and Work provided in the
performance of this Agreement and retain such records for as long as may be required by
applicable Washington State records retention laws, but in any event no less than six
years after the termination of this Agreement. The Consultant agrees to provide access
to and copies of any records related to this Agreement as required by the City to audit
expenditures and charges and/or to comply with the Washington State Public Records Act
(Chapter 42.56 RCW). The provisions of this section shall survive the expiration or
termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply
with the Washington State Public Records Act,Consultant shall make a due diligent search
of all records in its possession or control relating to this Agreement and the Work,
including, but not limited to, e-mail, correspondence, notes, saved telephone messages,
recordings, photos, or drawings and provide them to the City for production. In the event
Consultant believes said records need to be protected from disclosure, it may, at
Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend,
and hold harmless the City for all costs, including attorneys' fees, attendant to any claim
or litigation related to a Public Records Act request for which Consultant has responsive
records and for which Consultant has withheld records or information contained therein,
or not provided them to the City in a timely manner. Consultant shall produce for
distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order.The provisions of this section
shall survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth
in this Agreement.The nature of the relationship between the Consultant and the City
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during the period of the Work shall be that of an independent contractor, not
employee.The Consultant, not the City,shall have the power to control and direct the
details, manner or means of Work. Specifically, but not by means of limitation, the
Consultant shall have no obligation to work any particular hours or particular
schedule, unless otherwise indicated in the Scope of Work or where scheduling of
attendance or performance is mutually arranged due to the nature of the Work.
Consultant shall retain the right to designate the means of performing the Work
covered by this agreement, and the Consultant shall be entitled to employ other
workers at such compensation and such other conditions as it may deem proper,
provided, however, that any contract so made by the Consultant is to be paid by it
alone, and that employing such workers, it is acting individually and not as an agent
for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal
income tax or Social Security or contributing to the State Industrial Insurance
Program,or otherwise assuming the duties of an employer with respect to Consultant
or any employee of the Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the
Consultant agrees to notify the City and complete any required form if the Consultant
retired under a State of Washington retirement system and agrees to indemnify any
losses the City may sustain through the Consultant's failure to do so.
10. Hold Harmless: The Consultant agrees to release, indemnify, defend, and hold harmless
the City, elected officials, employees, officers, representatives, and volunteers from any
and all claims, demands, actions, suits, causes of action, arbitrations, mediations,
proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,
penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or
by any and all persons or entities, arising from, resulting from, or related to the negligent
acts, errors or omissions of the Consultant in its performance of this Agreement or a
breach of this Agreement by Consultant, except for that portion of the claims caused by
the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction,alteration, improvement,etc.,of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the
Consultant and the City, its officers, officials, employees and volunteers, Consultant's
liability shall be only to the extent of Consultant's negligence.
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It is further specifically and expressly understood that the indemnification provided in
this Agreement constitute Consultant's waiver of immunity under the Industrial
Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties
have mutually negotiated and agreed to this waiver. The provisions of this section shall
survive the expiration or termination of this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City
employees from soliciting, accepting, or receiving any gift, gratuity or favor from any
person, firm or corporation involved in a contract or transaction. To ensure compliance
with the City's Code of Ethics and state law,the Consultant shall not give a gift of any kind
to City employees or officials. Consultant also confirms that Consultant does not have a
business interest or a close family relationship with any City officer or employee who was,
is, or will be involved in selecting the Consultant, negotiating or administering this
Agreement, or evaluating the Consultant's performance of the Work.
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business
License prior to performing any Work and maintain the business license in good standing
throughout the term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
http://www.rentonwa.gov/cros/One.aspx?portal ld=7922741&pageld=9824882
Information regarding State business licensing requirements can be found at:
http://dor.wa.gov/doing-business/register-my-business
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for
each occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or
indirectly involve or require Professional Services, Professional Liability, Errors and
Omissions coverage shall be provided with minimum limits of $1,000,000 per
occurrence. "Professional Services", for the purpose of this section, shall mean any
Work provided by a licensed professional or Work that requires a professional
standard of care.
C. Workers' compensation coverage, as required by the Industrial Insurance laws of the
State of Washington, shall also be secured.
D. Commercial Automobile Liability for owned,leased,hired or non-owned,leased, hired
or non-owned, with minimum limits of $1,000,000 per occurrence combined single
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limit, if there will be any use of Consultant's vehicles on the City's Premises by or on
behalf of the City, beyond normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general
liability policy on a non-contributory primary basis. The City's insurance policies shall
not be a source for payment of any Consultant liability, nor shall the maintenance of
any insurance required by this Agreement be construed to limit the liability of
Consultant to the coverage provided by such insurance or otherwise limit the City's
recourse to any remedy available at law or in equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the
proper endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,within
two (2) business days of their receipt of such notice.
14. Delays: Consultant is not responsible for delays caused by factors beyond the
Consultant's reasonable control. When such delays beyond the Consultant's reasonable
control occur,the City agrees the Consultant is not responsible for damages, nor shall the
Consultant be deemed to be in default of the Agreement.
15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without the
written consent of the other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time
to time by such party),and given personally, by registered or certified mail, return receipt
requested, by facsimile or by nationally recognized overnight courier service.Time period
for notices shall be deemed to have commenced upon the date of receipt, EXCEPT
facsimile delivery will be deemed to have commenced on the first business day following
transmission. Email and telephone may be used for purposes of administering the
Agreement, but should not be used to give any formal notice required by the Agreement.
CITY OF RENTON CONSULTANT
Jeffrey Minisci Kathryn Hartley
1055 South Grady Way 130 2nd Avenue South
Renton, WA 98057 Edmonds, WA 98026
Phone: (425)430-6643 Phone: (425)778-0907
Jminisci@rentonwa.gov khartley@landauinc.com
Fax: (425) 430-6603 Fax: (425) 778-6409
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17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification, the Consultant agrees as follows:
A. Consultant, and Consultant's agents, employees, representatives, and volunteers
with regard to the Work performed or to be performed under this Agreement, shall
not discriminate on the basis of race, color, sex, religion, nationality, creed, marital
status, sexual orientation or preference, age (except minimum age and retirement
provisions), honorably discharged veteran or military status, or the presence of any
sensory, mental or physical handicap, unless based upon a bona fide occupational
qualification in relationship to hiring and employment, in employment or application
for employment, the administration of the delivery of Work or any other benefits
under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and
that employees are treated during employment without regard to their race, creed,
color, national origin, sex, age, sexual orientation, physical, sensory or mental
handicaps, or marital status. Such action shall include, but not be limited to the
following employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination
provisions, the City shall have the right, at its option, to cancel the Agreement in
whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state
and local laws and regulations that may affect the satisfactory completion of the
project, which includes but is not limited to fair labor laws, worker's compensation,
and Title VI of the Federal Civil Rights Act of 1964,and will comply with City of Renton
Council Resolution Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent
specifically agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work
except to the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to
provide Work he/she will acquire or maintain such at his/her own expense and, if
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Consultant employs,sub-contracts, or otherwise assigns the responsibility to perform
the Work, said employee/sub-contractor/assignee will acquire and or maintain such
training, licensing, or certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to
other entities, so long as there is no interruption or interference with the provision of
Work called for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to
health insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as
that for any persons employed by the Consultant.
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City
and Consultant represents and warrants that such individuals are duly authorized to
execute and deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Management. The City's project manager is Jeffrey
Minisci In providing Work, Consultant shall coordinate with the City's contract
manager or his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an
instrument in writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to
this Agreement are incorporated by reference only to the extent of the purpose for
which they are referenced within this Agreement. To the extent a Consultant
prepared exhibit conflicts with the terms in the body of this Agreement or contains
terms that are extraneous to the purpose for which it is referenced, the terms in the
body of this Agreement shall prevail and the extraneous terms shall not be
incorporated herein.
E. Governing Law. This Agreement shall be made in and shall be governed by and
interpreted in accordance with the laws of the State of Washington and the City of
Renton. Consultant and all of the Consultant's employees shall perform the Work in
accordance with all applicable federal, state, county and city laws, codes and
ordinances.
F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared
by the joint efforts of the Parties and shall not be construed against one party or the
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other as a result of the preparation, substitution, submission or other event of
negotiation, drafting or execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King
County Superior Court for the State of Washington at the Maleng Regional Justice
Center in Kent, King County,Washington, or its replacement or successor. Consultant
hereby expressly consents to the personal and exclusive jurisdiction and venue of
such court even if Consultant is a foreign corporation not registered with the State of
Washington.
H. Severability. A court of competent jurisdiction's determination that any provision or
part of this Agreement is illegal or unenforceable shall not cancel or invalidate the
remainder of this Agreement, which shall remain in full force and effect.
I. Sole and Entire Agreement. This Agreement contains the entire agreement of the
Parties and any representations or understandings, whether oral or written, not
incorporated are excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of
its provisions in which performance is a factor. Adherence to completion dates set
forth in the description of the Work is essential to the Consultant's performance of
this Agreement.
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be
construed to give any rights or benefits in the Agreement to anyone other than the
Parties, and all duties and responsibilities undertaken pursuant to this Agreement will
be for the sole and exclusive benefit of the Parties and no one else.
L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,
and legal representatives to the other party to this Agreement, and to the partners,
successors, assigns, and legal representatives of such other party with respect to all
covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's
failure to enforce any provision of this Agreement shall not be a waiver and shall not
prevent either the City or Consultant from enforcing that provision or any other
provision of this Agreement in the future. Waiver of breach of any provision of this
Agreement shall not be deemed to be a waiver of any prior or subsequent breach
unless it is expressly waived in writing.
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N. Counterparts. The Parties may execute this Agreement in any number of
counterparts, each of which shall constitute an original, and all of which will together
constitute this one Agreement.
IN WITNESS WHEREOF,the Parties have voluntarily entered into this Agreement as of the date
last signed by the Parties below.
CITY OF RENTON CONSULTANT(Landau Associates)
By: By: repfi'
2-e91513Kelly Bea er Kathryn Hartley
Community Services Administrator Senior Associate
L/ 5 /
Date Date / /
Approved as to Legal Form
By: .
Shane Moloney
City Attorney
4/16/19 clb 629
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LANDAU
ASSOCIATES
February 15, 2019
City of Renton
1055 South Grady Way
Renton,WA 98057
Attn: Jeffrey Minisci, Facilities Director, Community Services Department
Transmitted via e-mail to:JMinisci@Rentonwa.gov
Re: Proposed Scope of Services and Cost Estimate
Phase II Environmental Site Assessment Services
200 Mill Avenue South Property
Renton,Washington
Dear Mr. Minisci:
Landau Associates, Inc. (LAI) is pleased to submit this scope of services and cost estimate for a Phase II
environmental site assessment (ESA) for the property located at 200 Mill Avenue South in Renton,
Washington (subject property).The triangular-shaped subject property totals 3.8 acres in size and is
developed with an approximately 57,000-square-foot commercial office building that was constructed
in 1968 and formerly used as the Renton City Hall.The remainder of the subject property consists of
parking areas for the commercial office building and for the adjacent Renton Library.
We understand that the City of Renton (City) is considering sale of the subject property and is
conducting pre-sale due diligence to evaluate and document conditions related to the property that
could present environmental liabilities to an owner. A Phase I ESA was completed by LAI on behalf of
the City and identified one recognized environmental condition and several potential environmental
concerns associated with the historical use of the subject property.A Phase II ESA was recommended
to investigate subsurface conditions in the areas of concern associated with the identified recognized
environmental condition.
The following sections present our understanding of the project, our proposed scope of services,
schedule, and cost estimate, and assumptions used in preparation of this proposal.
Project Understanding
A Phase I ESA was conducted at the subject property in 2019 (LAI 2019)1. Based on the findings of the
Phase I ESA,the subject property was developed with residential structures as early as 1904.The
northwestern portion of the subject property was developed with a warehouse by 1927 that was used
1 LAI.2019.Draft Report: Phase I Environmental Site Assessment,200 Mill Avenue South Property,Renton,Washington
Landau Associates,Inc.February 13.
130 2nd Avenue South • Edmonds,Washington 98020 • (425)778-0907 • www.landauinc.com
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
for oil storage, automobile painting, and building materials storage.An automobile sales and repair
facility was located in the southwestern portion of the subject property by 1962. Historical records
indicate that one or more tanks were present on the subject property, including a gasoline tank
associated with the auto sales and repair facility in the southwestern portion of the subject property.
Previous structures were removed and the subject property was redeveloped with the current
configuration of parking areas and the office building between 1965 and 1968.
The Phase I ESA identified the potential for subsurface contamination associated with these historical
uses to be present at the subject property as a recognized environmental condition and additional
investigation was recommended.
The Phase I ESA also identified potential environmental concerns for the subject property associated
with the historical uses of the subject and adjacent properties. Specific concerns include:
• Heating oil tanks may have been associated with historical structures on the subject property.
• Adjacent and upgradient properties were developed with automobile repair facilities, a
gasoline station, painting, and other industrial operations beginning as early as 1904.
• The historical operations associated with the railroad tracks located immediately adjacent to
the south of the subject property are a potential source of metals and petroleum hydrocarbon
soil contamination.
• Information from the Washington State Department of Ecology(Ecology) website indicates
that the subject property is within the area potentially impacted by the ASARCO Company
smelter plume, and that the potential exists for elevated concentrations of arsenic to be
present in surface soil in the area of the subject property. Arsenic concentrations in surface
soil in the subject property area are estimated to be below the Ecology Model Toxics Control
Act(MTCA) Method A soil cleanup level for unrestricted land uses for arsenic of 20.0 parts per
million.
Our scope of work for additional Phase II subsurface investigation is presented in the following
section.
Proposed Scope of Services
LAI's proposed scope of services is outlined below in four tasks consisting of:
• Task 1:Scoping and Planning
• Task 2: Field Investigation
• Task 3: Data Evaluation and Reporting
• Task 4: Project Management.
Task 1: Scoping and Planning
This task consists of scoping and planning for the field investigation, including preparation of a brief
work plan, site-specific health and safety plan (HASP), and contracting for utility locating, direct-push
February 15,2019 2
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
drilling, and laboratory analytical services. Prior to commencing drilling, LAI will contact the "one call"
utility locating service to have public utilities marked. Per current regulations, locations of planned
ground-disturbing activities will be marked in white paint prior to contacting the "one-call" public
utility locating service. A private utility locate will also be conducted prior to drilling to identify the
location of utilities not marked by the public service (e.g., privately-owned utility lines) and to
evaluate the potential presence of underground storage tanks in the southwestern portion of the
subject property using ground-penetrating radar techniques.
Task 2: Field Investigation
Soil and groundwater samples will be collected from up to six locations at the subject property using a
direct-push drill rig. Each exploration location will be determined based on field conditions including
the locations of existing structures, site topography, access constraints, and results of the utility
locate. As described below, the soil borings will be located in the areas of the recognized
environmental condition identified in the Phase I ESA report.The placement of the borings and the
proposed analytical suite for soil and groundwater samples will also provide data to evaluate potential
subsurface impacts resulting from the potential environmental conditions identified in the Phase I ESA
report.
Soil samples will be collected continuously to the maximum depth of each boring for lithologic
logging,field screening for contamination, and collection of samples for laboratory analysis.The soil
encountered during drilling will be visually classified as to soil type using the Unified Soil Classification
System. Soil field-screening for contamination will include using a photoionization detector, sheen
testing, and visual and olfactory observations.
Up to two soil samples will be selected from each boring for potential laboratory analysis based on
the field-screening results. In general, soil samples will be collected from the depth interval where
field screening indicates the greatest potential contamination, and a deeper depth interval where
field screening does not indicate potential contamination. If indications of contamination are not
observed during field screening, one soil sample will be collected from a specified depth as described
below:
• Former Warehouse Area:Three borings are proposed in the northwestern portion of the
subject property. One boring will be located in the area of the former warehouse and two
borings will be placed downgradient of the former warehouse.The borings will be advanced
to the depth of the groundwater table, or to a depth of 25 feet below ground surface (bgs),
whichever is shallower. If indications of contamination are not observed during field
screening, a soil sample will be collected from approximately 1 foot above the water table.
Soil samples will be analyzed for gasoline-, diesel-, and oil-range total petroleum
hydrocarbons (TPH-G,TPH-D, and TPH-O, respectively), and benzene, toluene, ethylbenzene,
and xylenes (BTEX). Selected samples will also be analyzed for MTCA metals (arsenic,
cadmium, chromium, lead, and mercury) and polycyclic aromatic hydrocarbons (PAHs).
February 15,2019 3
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
• Former Auto Sales and Service/Gasoline Tank Area: Three borings are proposed in the area of
the former auto sales and service building in the southwestern portion of the subject
property. One boring will be advanced at the approximate location of the former gasoline
tank, one boring will be advanced at the approximate location of the former auto service area,
and one boring will be advanced downgradient of the service area.The borings will be
advanced to the depth of the groundwater table,or to a depth of 25 feet bgs, whichever is
shallower. If indications of contamination are not observed during field screening, a soil
sample will be collected from approximately 1 foot above the water table. Soil samples will be
analyzed for TPH-G,TPH-D, TPH-O, and BTEX. Selected samples will also be analyzed for MTCA
metals and PAHs.
Groundwater grab samples will be collected from each of the six proposed borings.The groundwater
samples will be collected using a peristaltic pump or disposable bailer from temporary wells placed in
selected borings. The groundwater samples will be analyzed for TPH-G,TPH-D,TPH-O, and BTEX. One
sample from each investigation area will also be analyzed for volatile organic compounds (VOCs) and
for dissolved MTCA metals, if metals are detected in soil at concentrations exceeding applicable
screening levels.
Investigation-derived waste (IDW),which is expected to consist of soil cuttings, purge water, and
decontamination washwater, will be temporarily stored on site in drums. Following receipt of the
laboratory analytical results, IDW will be disposed of at an appropriate disposal facility.We anticipate
that one drum of soil cuttings and one drum of water will be generated during the investigation.
Task 3: Data Evaluation and Reporting
After data tabulation and review, LAI will provide preliminary results of the investigation with the City
via conference call. A technical memorandum will be prepared to document the results of the Phase II
ESA.The report will include a summary of observed site conditions; a brief description of the
investigation activities; boring logs; laboratory data; and comparison of the results to Ecology MTCA
Method A and/or Method B screening levels. LAI will also provide a brief evaluation of the data and
conclusions in the technical memorandum.
A draft version of the technical memorandum will be provided electronically for your review. A final
technical memorandum will be prepared addressing your comments, as appropriate. An electronic
copy(in PDF format) of the final technical memorandum will be provided.
Task 4: Project Management
This task includes project management, invoicing, and providing ongoing coordination and
communications for the project. Elements of this task also include client communication and oversight
of LAI and subcontractor budgets.The estimated budget represents approximately 10 percent of the
project costs.
February 15,2019 4
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
Estimated Schedule
LAI is prepared to initiate the work described in this proposal upon receipt of your written
authorization. We anticipate the work described in this proposal can be completed per the following
approximate schedule.This schedule is contingent on drilling subcontractor availability.
Week 1: Project initiation including subcontractor coordination, HASP preparation, marking
boring locations, completing a ground-penetrating radar survey, and one-call utility
locating, and mobilization.
Week 2: Field investigation and sampling activities (depending on subcontractor availability).
Week 4: Receipt of analytical results (assuming a 2-week standard turnaround time from the
laboratory).
Week 5: Data tabulation, data evaluation, and conference call regarding data results.
Week 6-7: Preparation and submittal of the draft technical memorandum. Finalization of the
technical memorandum can be completed within 3 days of receipt of final comments
on the draft memorandum.
Assumptions
Our assumptions in preparing this scope of services and cost estimate include the following:
• The City will arrange access and any necessary rights-of-entry at the subject property. No
intrusive work will be conducted in public rights-of-way or outside the subject property
boundaries. No traffic control or signage will be necessary for any of the work described
herein.
• The City will make accessible and clear the intended sampling areas of parked vehicles in
anticipation of the field activities.
• The City will provide any available information regarding the locations of any non-conductible
underground utilities (e.g., concrete or plastic piping) at the subject property. Non-
conductible utilities are not typically identified using conventional radio detection utility
locating equipment. LAI and our subcontractors are not liable for damage to any underground
utilities not identified in the information provided to LAI or not detected by the public and
private underground utility locate services. More advanced utility locate services(air-knifing,
or potholing) may be required if sufficient information is not available regarding the location
of subsurface utilities.
• The utility locate and drilling activities, including collecting soil and groundwater samples, will
require an initial site visit for marking of borings for the one-call locate, and 1 day for drilling.
• Soil cuttings and sample purge water and equipment decontamination water generated
during the sampling activities will be contained and stored in drums at the subject property
pending receipt of the soil and groundwater analytical results. Costs are included for disposal
of one drum of soil and one drum of water, assuming the material will be classified as non-
hazardous waste.We assume that a representative of the subject property owner will sign the
waste manifest and will be available at the subject property to meet the disposal contractor
on the day of waste collection.
February 15,2019 5
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
• Drilling locations will be backfilled with bentonite in accordance with Ecology regulations, and
the ground surface patched with like material to the original grade.
• Up to two soil samples will be analyzed per soil boring based on field-screening results. For
cost estimating purposes, we have assumed analysis of the following soil samples:
— Up to eight samples will be analyzed for TPH-G, TPH-D,TPH-O, and BTEX.
— Up to four samples will be analyzed for PAHs and MICA metals.
• Groundwater analysis as follows:
— Six samples will be analyzed for TPH-G,TPH-D,TPH-O, and BTEX.
— Two samples will be analyzed for dissolved MTCA metals and VOCs.
— One trip blank will be analyzed for TPH-G/BTEX and VOCs.
• Laboratory analysis will be performed with a standard 2-week turnaround time. If expedited
turnaround times are requested, additional costs of up to a 100 percent increase will be
added to the Analytical Costs budget indicated below.
• The handling charge for subcontractor costs is 12 percent, and is included in our estimated
costs.
• Costs do not include a contingency amount for unanticipated out-of-scope activities by
subcontractors and/or LAI.
• Costs do not include liaison with Ecology personnel regarding the soil and groundwater
sampling results.
Estimated Budget
The estimated cost for the proposed scope is detailed below by task:
Task Estimated Cost
Task 1:Scoping and Planning $1,900
Task 2: Field Investigation $13,400
Includes subcontracted services,which consist of:
Utility Locate Subcontractor $980
Drilling Subcontractor $2,200
Analytical Costs(2-week turnaround) $4,300
Investigation-Derived Waste Disposal $450
Task 3: Data Evaluation and Reporting $5,100
Task 4:Project Management $2,000
ESTIMATED TOTAL COST: $22,400
LAI's services will be provided on a time-and-expenses basis in accordance with the attached
Compensation Schedule. If unforeseen conditions are encountered,we will bring these to your
attention and seek modification to the scope of services and budget, as appropriate.
February 15,2019 6
Proposal:City of Renton/Phase II ESA—200 Mill Avenue South Property Landau Associates
Project Staff
Cody Johnson, PE,Senior Engineer, will be responsible for day-to-day management of the project.
Kathryn Hartley, Senior Associate, will provide project senior review. Cody and Kathryn have extensive
experience with site investigation and remediation projects in the Pacific Northwest.Additional LAI
staff experienced with environmental sampling and analysis at commercial and industrial properties
will assist, as needed.
Authorization
Our services will be provided in accordance with a Professional Services Agreement between LAI and
the City. If unforeseen conditions are encountered,we will bring these to your attention and seek
modification to the scope of services and budget,'as appropriate.
* * * * *
We look forward to the opportunity to work with the City on this project.
LANDAU ASSOCIATES, INC.
Kathryn . Hartley
Senior Associate Scientist
Cody M.Johnson, PE
Associate Engineer
CMJ/KFH/ccy
2019-6847
X:\C_Renton\2019-02_Mill Ave Phase II ESA\200 Mill Ave S_Phase II ESA prop-02-15-19.docx
Attachment
2019 Compensation Schedule
February 15,2019 7
LANDAU
COMPENSATION SCHEDULE - 2019 IA ASSOCIATES
Personnel Labor Hourly Rate
Senior Principal 270
Principal 250
Senior Associate 230
Associate 205
Senior 185
Senior Project 170
Project 155
GIS Analyst 155
Senior Staff/CAD Designer 139
Staff/Senior Technician II 124
Data Specialist 124
CAD/GIS Technician 124
Project Coordinator 112
Assistant/Senior Technician I 103
Technician 83
Support Staff 72
Expert professional testimony in court,deposition, declaration,arbitration,or public testimony is charged at
1.5 times the hourly rate.
Rates apply to all labor, including overtime.
Equipment
Field,laboratory,and office equipment used in the direct performance of authorized work is charged at unit rates.
A rate schedule will be provided on request.
Subcontractor Services and Other Expenses
Subcontractor billing and other project expenses incurred in the direct performance of authorized routine services
will normally be charged at a rate of cost plus a twelve percent(12%)handling charge.A higher handling charge for
technical subconsultants and for high-risk field operations may be negotiated on an individual project basis;
similarly,a lower handling charge may be negotiated on projects requiring disproportionally high subconsultant
involvement.
Invoices
Invoices for Landau Associates'services will be issued monthly. Interest of 1%percent per month(but not
exceeding the maximum rate allowable by law)will be payable on any amounts not paid within 30 days.
Term
Unless otherwise agreed,Landau Associates reserves the right to make reasonable adjustments to our compensation
rates over time(e.g., long-term continuing projects).
T:Templates\Contracts\2019 Compensation Schedule Landau Associates