HomeMy WebLinkAboutWeston Solutions, Inc. 2011-09-12AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered on September Lf, 2011 ("Effective Date"), by and
between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Weston Solutions,
Inc., a for-profit corporation formed under and in compliance with the laws of the State of
Pennsylvania, hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to cleaning up contamination ("the clean-up") on
the property commonly known as the Ukiah Railroad Depot Property, consisting of
approximately 11 acres more or less, known as Mendocino County Assessor's Parcel
Numbers 002-232-12,13 and 002-282-18,19, located South of East Perkins and West of
Leslie Streets in Ukiah, California ("the Property").
b. The Ukiah Redevelopment Agency ("Agency") and Consultant have entered an
Agreement for the Development and Sale of the Property ("Development and Sale
Agreement"), dated May 14, 2010 and have entered four addenda to that agreement
under which Consultant has provided services related to the clean-up and has agreed to
repay the Agency out of the proceeds from the sale of the Property for advancing those
costs.
C. The City has contracted with the Ukiah Redevelopment Agency to provide design and
construction services in connection with the development of the Property,
d. Pursuant to its agreement with the Agency, City is contracting with Consultant for the
clean-up.
As set forth in Attachment A, Consultant has agreed to perform environmental and
construction management as described in Ex. A on a time and material basis in an
amount not to exceed $338,270 plus regulatory oversight fees charged directly to the
Agency by the North Coast Regional Water Quality Control Board ("Environmental and
Construction Management Cost").
e. Consultant represents that it has the qualifications, skills, experience and is properly
licensed to provide the services required by this Agreement, and is willing to provide
them according to the terms of this Agreement.
e. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
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2.1 As set forth in Attachment "A".
2.2. Additional Services, Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City. The City shall have
discretion to provide separate notices to proceed as to each task identified in Attachment
A and Consultant shall perform the tasks as directed by the City. The City in the exercise
of its sole discretion shall determine which tasks Consultant performs and in which order
and without penalty or additional cost may decline to provide a notice to proceed as to
any task.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $338,270 and the amounts specified
under each task to perform that task. Labor charges shall be based upon hourly billing
rates for the various classifications of personnel employed by Consultant to perform the
Scope of Work as set forth in the attached Attachment B, which shall include all indirect
costs and expenses of every kind or nature, except direct expenses. The direct
expenses and the fees to be charged for same shall be as set forth in Attachment B.
Consultant shall complete the Scope of Work for the not-to-exceed guaranteed
maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of-Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipated on the date they entered this Agreement.
4.3 Sub-contractor Payment. The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub-consultants shall be included within guaranteed not-to-exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is solely
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
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It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venturer, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with federal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self-
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other benefits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such taxes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest. Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City's
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager's determination.
6.0 INDEMNIFICATION
6.1 Insurance Liability. Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, surviving the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage -
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
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3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance appropriate to the consultant's
profession. Architects' and engineers' coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggregate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3. Worker's Compensation and Employers Liability: Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the full period of time allowed by
law, surviving the termination of this Agreement. The coverage
shall contain no special limitations on the scope-of-protection
afforded to the City, its officers, officials, employees or volunteers.
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b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self-insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
C. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
3. Professional Liability Coverage
If written on a claims-made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from
to
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted California insurers with an A.M. Best's
rating of no less than A- for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
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time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub-
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification.
Notwithstanding the foregoing insurance requirements, and in addition thereto, Consultant
agrees, for the full period of time allowed by law, surviving the termination of this Agreement, to
indemnify the City for any claim, cost or liability that arises out of, or pertains to, or relates to any
negligent act or omission or the willful misconduct of Consultant in the performance of services
under this contract by Consultant, but this indemnity does not apply to liability for damages for
death or bodily injury to persons, injury to property, or other loss, arising from the sole
negligence, willful misconduct or defects in design by the City, or arising from the active
negligence of the City.
"Indemnify," as used herein includes the expenses of defending against a claim and the
payment of any settlement or judgment arising out of the claim. Defense costs include all costs
associated with defending the claim, including, but not limited to, the fees of attorneys,.
investigators, consultants, experts and expert witnesses, and litigation expenses.
References in this paragraph to City or Consultant, include their officers, employees, agents,
and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive data prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understanding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
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7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent. City has the right to assign this
contract at any time to the Agency.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shall pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder, subject to off-set for any direct or consequential damages City may incur as
a result of Consultant's breach of contract.
7.9 Duplicate Originals. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. When so signed, each such document shall
be admissible in administrative or judicial proceedings as proof of the terms of the
Agreement between the parties.
7.10 Addendum to Development and Sale Agreement. Consultant agrees to the following
revision to the Development and Sale Agreement. As part of any escrow opened to
purchase the Property from North Coast Railroad Authority ("NCRA'), Consultant shall
execute escrow instructions requiring (1) the deposit of funds in escrow by Consultant to
include the costs paid for Environmental and Construction Management Cost and for the
cost of a construction contract to aid the clean-up ("Construction Contract Costs") in
addition to all other funds required to close escrow, including advances by the Agency
pursuant to the First, Second, Third, and Fourth Addenda, and (2) the disbursement by
the escrow agent to the Agency of the said of all said costs, including Environmental and
Construction Management Cost and Construction Contract Costs upon close of escrow.
If for any reason Consultant does not purchase the Property from NCRA or otherwise
participate in the development of the Property, Consultant may retain the Environmental
and Construction Cost minus the amount paid directly to the North Coast Regional
Water Quality Control Board for regulatory oversight in consideration for the value of the
Environmental and Construction Management received by the Agency.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered, delivered by overnight courier or by fax or email (with
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PAGE 7 OF 7
acknowledgment of receipt) or 48 hours after deposit in the mail with First Class
postage affixed thereto and addressed to the parties as follows:
To Consultant: Steve Biarr
Weston Solutions, Inc.
Suite 810
143 Union Boulevard
Lakewood, CO 80228
FAX:
Email:
With a copy to: Seth Hudson
Weston Solutions, Inc.
3111 SE 73rd Ave.
Portland, OR 97206
FAX:
Email:
And a copy to: Donald B. Bauer, Esq.
Weston Solutions, Inc.
1400 Weston Way
West Chester, PA 19380
FAX:
Email:
9.0 SIGNATURES
To: City of Ukiah
Jane Chambers, City Manager
Ukiah Civic Center
300 Seminary Avenue
Ukiah, CA. 95482
FAX:
Email:
With copy to: David J. Rapport
Rapport and Marston
405 W. Perkins Street
Ukiah, CA. 95482
FAX: 707-462-4235
Email, drapport@pacbell.net
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
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Attachment A
Remedial Action Proposal for Environmental
and Construction Management Support
Ukiah Rail Yard Redevelopment Project
Weston Solutions, Inc.
Revised July 20, 2011
Weston Solutions, Inc. (WESTON) appreciates the opportunity to submit our proposed scope of work
(SOW) for performing environmental and construction management/oversight tasks needed to support
the remedial action proposed for the Ukiah Rail Yard Redevelopment Project. We understand that the
City of Ukiah (the City) will contract directly with a remediation contractor, but requires support in
developing work specifications, on-site management/oversight of the remediation contractor, soil
sampling and evaluation, and preparation of final closure documents. This proposal was revised on July
20, 2011 to remove the driller's cost for the abandonment of one monitoring well. This cost will be put
out to bid by the City.
Environmental tasks proposed to be performed by WESTON include hazardous materials inspection of
two on-site buildings, delineation of soil excavation areas, confirmation soil sampling during soil
remediation, and final reporting.
WESTON also proposes to provide construction management/oversight for the Rail Yard remedial action
tasks to be performed by a remediation contractor to be selected by the City under a separate contract.
Tasks to be performed by the City's remediation contractor include debris removal, hazardous material
abatement and building demolition, abandonment of one monitoring well, soil remediation and
disposal, and excavation backfill and hydroseeding. Soil remediation at the Rail Yard property (Property)
will be conducted in accordance with the Remedial Action Plan (RAP) that will be finalized after the 30-
day public comment period that began on June 28, 2011. Following the receipt of public comments, the
North Coast Regional Water Quality Control Board (NCRWQCB) may require additional revisions to the
RAP. The planned remedial activities are based on findings of the environmental investigations
conducted by WESTON during the period from December 2010 through April 2011.
This proposal summarizes WESTON's environmental team selected for this project, the proposed
environmental and construction management scope of work, estimated costs, and general schedule for
this effort.
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WESTON'S ENVIRONMENTAL TEAM
WESTON has assembled an experienced team to complete the remedial action scope of work (SOW).
The key team members have all been involved in support of this project over the last several months
and include:
Greg Stuesse, PE, RG -Senior Project Manager. Mr. Stuesse has over 25 years of professional
experience, is a registered engineer and geologist, and has been a project manager with
WESTON for 12 years. He has worked on numerous site characterization and property
redevelopment projects throughout the west coast including California. Mr. Stuesse will be
responsible for the overall management of the project.
Dwight Gemar, PE - Principal Remediation Engineer. Mr. Gemar is a California registered
chemical engineer with 30 years experience, including over 20 years experience in
environmental remediation throughout California, the western United States, Alaska and the
Pacific region. Recent experience includes several multi-million dollar site restoration projects
at the former Mare Island Naval Shipyard in Vallejo, California. Mr. Gemar will oversee the
preparation of technical specifications and provide direction to WESTON's construction
oversight manager.
• Jeff Bannon, RG - Principal Geologist. Mr. Bannon has more than 23 years of diversified
environmental experience with WESTON and is a registered geologist in California. He has led a
wide variety of environmental investigations, remedial action programs, and obtained no
further action determinations for numerous properties throughout California. Mr. Bannon is
tasked with overseeing confirmation sampling and site closure reporting.
These key team members will be supported by several WESTON engineers, geologists, chemists, and
scientists to effectively execute the SOW, as described below.
ENVIRONMENTAL AND CONSTRUCTION MANAGEMENT SCOPE OF WORK
WESTON's proposed SOW has been developed to maintain continuity on the remaining environmental
tasks to be conducted at the Property, while enabling the City to solicit bids from contractors for the key
construction components such as debris removal, contaminated soil removal and disposal, excavation
backfill and compaction, asbestos abatement, and building demolition. For the construction
components of the project, WESTON will prepare bid documents and specifications. Following the City's
selection of a remediation contractor, WESTON will provide construction oversight and quality control
for the work to be conducted by the City's selected contractor (Contractor). The following
environmental and construction management tasks are proposed:
Environmental Tasks
Task 1- Building Hazardous Material Inspection and Reporting
Task 2 - Soil Excavation Delineation, and Well Abandonment Permitting and Oversight
Task 3 -Soil Excavation Confirmation Sampling and Analysis
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Task 4 - Remedial Action Completion, Reporting
Construction Management Tasks
Task 5 - Bid Specification Preparation and Bidder's Meeting
Task 6 - Construction Oversight and Quality Control
The tasks included in this proposal are detailed below.
Task 1: Building Hazardous Material Inspection and Reporting
An inspection and sampling program will be conducted to determine if hazardous materials are present
in the 3,000 square-foot shop building and the 12,000 square-foot warehouse building on site. This task
is necessary in order to accurately determine the extent of hazardous materials that will require special
handling prior to building demolition. Sampling and laboratory analyses will be conducted to evaluate
the potential presence of asbestos-containing materials (ACM), PCBs, and lead in the construction
materials and in paint associated with the two buildings. Universal wastes such as fluorescent lighting
will also be identified. Following the receipt of laboratory results from hazardous material sampling
program, a hazardous material sampling report will be prepared. This report will provide the laboratory
results, and the types and estimated quantity of hazardous materials in the shop and warehouse
buildings.
Task 2: Soil Excavation Delineation, and Well Abandonment Permitting and Oversight
In order to more accurately estimate the volume of contaminated soil at the Property, WESTON will
select approximately 15 test pits to better delineate the areas for soil excavation. Using the GPS
coordinates obtained during the environmental investigation, WESTON will stake the sample locations
where elevated soil concentrations will be excavated as outlined in the RAP. Prior to sampling, the
utility locating one-call service and a private locating firm will be contacted to mark underground
utilities. Any of the proposed test pit locations near marked utilities will be relocated. Up to 30 soil
samples will be analyzed for diesel-range petroleum hydrocarbons and PAHs. Soil samples will be
analyzed using a standard 2-week turn-around time. Following the receipt of the laboratory results, a
technical memo would be prepared to document the findings of the sampling event.
Monitoring well MW-8 is located in the vicinity of the Area 8 excavation, and will need to be abandoned
prior to excavation activities. This well is constructed of 4-inch diameter PVC to a depth of 25 feet.
WESTON will obtain a permit from the Mendocino County Environmental Health Department, and
oversee the well abandonment to be conducted by a City contracted drilling firm. WESTON assumes
that the City's Contractor will properly abandon this well by overdrilling and grouting. Material from
overdrilling the well (i.e., soil, PVC pipe) will be placed in three 55-gallon drums for disposal with the soil
excavated by the Contractor. WESTON will submit the well destruction documentation to the
Mendocino County Environmental Health Department.
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Task 3: Soil Excavation Confirmation Sampling and Analysis
During the excavation of contaminated soil by the Contractor, WESTON will collect confirmation soil
samples from each area of excavated soil. As specified in the RAP, confirmation sample frequencies will
vary depending on the excavation's size but typically include: base soil samples collected every 225
square feet and side wall samples collected every 30 linear feet. These samples will be analyzed for
diesel-range petroleum hydrocarbons and/or PAHs assuming a 1-week turn-around time. The sample
results will be used to determine if additional soil removal is needed or if the excavation can be
backfilled by the Contractor.
Task 4: Remedial Action Completion Reporting and Agency Meeting
Following confirmation that all areas of concern have been remediated to proposed cleanup goals, and
the RAP requirements have been met, WESTON will prepare a Remedial Action Completion Report
(RACR). The RACR will document the field procedures, results of confirmation sampling, extent of the
excavations, and soil handling/waste management. A draft version of the closure report will be
submitted to the City and the NCRWQCB for review. Comments on the draft version of the document
will be addressed and a final closure report will be submitted. This task assumes that one meeting with
the City and NCRWQCB will be needed to obtain environmental closure for the Property.
Task 5: Bid Specification Preparation and Bidders Meeting
WESTON will prepare a scope of work summary and bid specifications that can be used by the City to
solicit bids for the following major tasks to be performed by the Contractor selected by the City:
• Conduct pre-construction activities including permitting and preparation of a stormwater plan,
erosion control and other plans needed in addition to the RAP
• Properly abandon one 25-foot deep monitoring well
• Maintain site security through temporary fencing or equivalent means
• Identify and locate underground utilities (water, power, sewer, etc.)
• Perform hazardous material abatement and demolition of the shop and warehouse buildings
and foundations
• Perform debris removal and disposal
• Maintain erosion and sedimentation controls
• Establish and maintain temporary haul routes and construction entrance and exit points
throughout the site
• Complete grubbing and surface debris removal in areas of contaminated soil removal
• Perform downwind air monitoring to confirm that fugitive particulate emissions or volatile
organic compounds are within established limits
• Excavate, stockpile, sample, load, transport, and dispose of soils impacted with TPH and/or
PAHs
• Operate water trucks as needed for dust suppression
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Provide clean backfill for excavations and compact to original ground surface or slope
excavation sidewalls sufficiently to remove potential physical hazards
Hydroseed exposed soil following excavation backfill and soil disposal
Submit disposal documents, laboratory reports and other records associated with scope of
work
WESTON will also prepare a bid form that the prospective bidders will use to submit their costs to the
City. WESTON understands that the City will prepare the remaining bid documents (i.e., terms and
conditions) and submit the bid package to potential bidders.
A WESTON engineer will attend a bidder's meeting in Ukiah to be hosted by the City. WESTON will be
available to address the bidders technical questions that pertain to the specifications prepared by
WESTON and will prepare written responses that can be provided to the bidders. WESTON will review
the submitted bids and provide comments to the City to aid in their selection process.
Task 6: Construction Oversight and Quality Control
During the execution of the major tasks listed in Task 5, WESTON will conduct construction
management/oversight and quality control to verify that the work is being performed by the Contractor
in accordance with the specifications. Tasks to be performed by the Contractor include debris removal,
hazardous material abatement and building demolition, soil remediation and disposal, and excavation
backfill and hydroseeding.
A WESTON construction oversight manager (CM) will be at the Property to oversee the work and
perform quality control during the major tasks to confirm the selected Contractor effectively performs
the SOW. As needed, the CM will be supported by the key team members listed above and other
WESTON staff. Activities to be performed by WESTON include:
• Prepare health and safety plan for tasks to be conducted by WESTON personnel
• Develop and implement a quality assurance/quality control (CA/QC) plan for tasks
to be conducted by WESTON personnel
• Review and comment on the draft plans (e.g.; stormwater, erosion control; air monitoring)
prepared by the Contractor
• Monitor on-site activities conducted bythe Contractorto verify compliance with contract, plans,
scheduleand regulatory agency requirements
• Oversee and report to the City on the activities and interaction by others, including the selected
Contractor, sub-contractors, transportation and disposal vendors, and suppliers
• Document project coordination meetings
• Distribute weekly progress reports
• Maintain project documentation
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• Review Contractor submission of all required documents
• Prepare and monitor correction of punch list items
The Contractor will need to provide the import source, sampling frequency, analytes and results to
WESTON for review. In order to verify the lab results provided by the Contractor, WESTON will analyze
three additional samples of the proposed fill material to confirm if the backfill material is free of
contaminants. This information will be provided to the Regional Water Board staff for review and
concurrence before the backfill material is used.
SCHEDULE AND COST ESTIMATE
Upon written approval from the City of Ukiah and execution of a mutually acceptable agreement,
WESTON will initiate the above scope of work. The schedule and timing for each of the above tasks will
be dependent on several factors including the final approval of the Remedial Action Plan, access to the
shop and warehouse buildings, selection of the City's Contractor, and permit approvals. WESTON will
complete the building hazardous material inspection, soil excavation delineation prior to the start of
remedial activities by the Contractor.
A total cost of $ 338,270 is estimated to complete the environmental and construction management
scope of work described above. The estimated cost is summarized as follows:
Task
Description
Total
Task 1
Building Hazardous Material Inspection and Reporting
$ 19,400
Task 2
Soil Excavation Delineation, and Well Abandonment
Permitting and Oversight
$ 31,950
Task 3
Soil Excavation Confirmation Sampling and Analysis
$ 66,400
Task 4
Remedial Action Completion Reporting and Agency
Meeting
$ 14,870
Task 5
Bid Specification Preparation and Bidder's Meeting
$ 38,330
Task 6
Construction Oversight and Quality Control
Prepare WESTON's HASP and QA/QC Plan, and
Review Contractor's Plans
$ 13,900
Contractor Oversight
$121,900
CM/QC Documentation and Reporting
$ 27,800
Fill Material Confirmation Sampling
$ 3,780
TOTAL
$ 338,270
Work will be completed on a time and materials basis per WESTON's agreement with the City. Costs are
estimated for each task and may change due to regulatory requirements or site conditions.
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,Affeachmen# # L
See below for WESTON's rate schedule.
WESTON RATE SCHEDULE
Labor Categories
Rate
Administrative
$70/hr
Graphics Specialist
$80/hr
Staff Scientist/Engineer
$90/hr
Project Analyst
$100/hr
Associate Scientist/Engineer
$110/hr
Project Scientist/Engineer
$130/hr
Senior Scientist/Engineer
$150/hr
Sr. Project Manager/Technical Consultant
$165/hr
Principal Engineer/Scientist
$180/hr
WESTON appreciates the opportunity to continuing to work with the City of Ukiah on the Ukiah Rail Yard
Redevelopment Project. Please contact Greg Stuesse at (206) 521-7683 or Nick Bodnar at (206) 521-
7632 if you have any questions or comments on this proposal.
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