HomeMy WebLinkAbout000283 Amendment 5 City of Port Angeles
Record #000283
Fifth Amendment
To the Professional Service Contract
Between City of Port Angeles and
Integral Consulting, Inc.
This amendment is entered into this of rcL 2016 by and
between the City of Port Angeles ("City") and Integral Consulting, Inc. ("Contractor").
For and in consideration of the mutual benefits to be derived herefrom, the Parties
recite, covenant, and agree as follows:
I The Parties entered into a Professional Service Contract on March 1,
2012, for review of Ecology's reports with a budget of$16,700 and a First
Amendment to that Contract on July 3, 2012 with a new scope of work
and an associated budget of$63,000 for a total budget of$79,700. The
Professional Service Contract and the Amendment are incorporated by this
reference and may hereafter be referred to as "the Agreement."
2. The Second Amendment dated November 6, 2012 amended the
Agreement by adding new tasks to the Scope of Work to be performed and
also amends the Agreement to increase the total maximum compensation
for the Agreement to an amount not to exceed $200,000.
3. The Third Amendment dated June 4, 2013, added new tasks to the Scope
of Work and increases the total amount of compensation for the
Agreement to an amount not to exceed$289,000.
4. The Fourth Amendment dated March 10, 2015 amended the Agreement
and the Scope of Work adding a new task: Performing analyses and
preparing reports, as directed by the City Manager,to assist the City in the
allocation of costs and liabilities for a harbor cleanup and amended the
Agreement by increasing the authorized contract compensation by
$261,600., which increased the maximum compensation authorized under
the Agreement to an amount not to exceed $550,600.
5. This Fifth Amendment amends the Agreement by adding a new Scope of
Work outlining the tasks through the end of year 2017, and which is
attached to this Amendment at Exhibit A. It also increases the budget
through 2017 by $963,859, which increases the maximum compensation
authorized under the Agreement to an amount not to exceed$1,514,459.
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6, All other terms of the Agreement remain unchanged.
7. As amended, the Agreement is ratified and confirmed.
IN WITNESS WHEREOF, the parties have executed this Amendment to the
Professional Services Contract in duplicate.
CITY OF PORT ANGELES INTEGRAL CONSULTING, INC.
BY: BY:
Dan McKeen,City Manager Betsy Day, ice President
Date: 3 L Date:
APP rVED AS TO FQR
William E. Bloor,City Attorney
ATTEST:
ennifVeneklasen, City Clerk
2
Integral Consulting Inc.
719 2nd Avenue
Privileged and Confidential: Suite 700
Prepared at the Request of Seattle,WA 98104
Counsel
telephone:206.230.9600
facsimile:206.230.9601
www.integral-corp.com
MEMORANDUM
To: Bill Bloor
From: Betsy Day
Date: February 23,2016
Subject. Scope of Work for Port Angeles Harbor: 2016-2017
Project No.: C935-0101
INTRODUCTION
This scope of work and budget address work to support the City of Port Angeles(City)on
Port Angeles Harbor issues for the remainder of 2016 and for 2017. Work to be completed
in 2016 is described herein. A comparable level of detail can be provided in late 2016 for
work in 2017.
The following four work elements are described below:
1. Rayonier cleanup
2. Insurance support to Cascadia Law Group
3. Natural Resource Damage Assessment(NRDA)
4. Allocation
RAYONIER CLEANUP
Integral will continue supporting the City on harbor-wide remedial investigation and
feasibility study(RI/FS)issues,including at the Western Harbor and Rayonier sites.
Anticipated work includes:
i
Integral Scope and Budget
February 23,2016
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1. Provide strategic consulting on technical issues
2. Prepare in-depth analyses on technical issues as requested by City staff
3. Review and summarize technical documents prepared by Rayonier
4. Attend in-person and telephone meetings with City staff and Cascadia Law Group
The estimated budget for this task is$20,000 for 2016 and$30,000 for 2017.
INSURANCE SUPPORT TO CASCADIA LAW GROUP
Integral will support Cascadia Law Group on insurance issues upon request.
The estimated budget for this task is$1,000 for 2016 and$2,000 for 2017.
NATURAL RESOURCE DAMAGE ASSESSMENT
The City,along with the other members of the Western Port Angeles Harbor Group
(WPAHG)and Rayonier,are in receipt of the August 2013 Preassessment Screen for Port
Angeles Harbor that was prepared by the Port Angeles Harbor Natural Resource Trustee
Council. The WPAHG and Rayonier are working independently to address their respective
NRD liabilities.
Under the WPAHG's operating agreement,the WPAHG retained a consultant to address
preliminary NRDA issues for the Western Harbor. The NRDA process will likely unfold
over several years. The WPAHG may work with the Trustees collectively,or the City may
elect to move ahead with its own settlement negotiations separate from the WPAHG.
Integral will support the City's interests in the NRDA process regardless of whether the
City works with the WPAHG or pursues an individual early settlement agreement. Work
that will be performed by Integral includes:
1. Advise the City on the NRDA process
2. Perform a technical review of the Preassessment Screen and future Trustee
documents
3. Evaluate potential restoration projects
4. Support the City in settlement negotiations with the Trustees
5. Evaluate the City's NRD liability
6. Support the City in the allocation of NRD liability
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 3 of 9
The estimated budget for this task is$73,431 for 2016 and$100,000 for 2017.
ALLOCATION
Integral began work on allocation in 2015 and is presently working on some of the
allocation tasks described in the scope of work for Amendment 4. The following task
descriptions outline work for 2016 and reflect changes to the 2015 scope based on new
information and additional refinement of the allocation process. New tasks have been
added,tasks have been clarified,and one previous task(i.e.,Task 4—Data Generation)has
been removed. A conceptual-level budget has been prepared for 2017. The final 2016/2017
budget has been adjusted to account for the funding that remains in the Amendment 4
(2015)budget.
Task 1. Project Management and Meetings
Task 1 covers routine administrative tasks to support the allocation and NRDA work,
technical team coordination and management,and general project meetings. Anticipated
project meetings include:
1. Monthly team calls between Cascadia and Integral to discuss ongoing work and
action items
2. Quarterly meetings with City staff,Cascadia,and Integral. For budgeting purposes
we've assumed four meetings will occur in Seattle. We have also assumed that a
presentation will be prepared for each meeting containing updates to the tasks
described in this scope of work.
3. One meeting in 2016 with the insurance carriers. For budgeting purposes we've
assumed this meeting will occur in Seattle. A presentation will be prepared that is
based on the quarterly meeting presentations.
The estimated budget for this allocation task is$59,344 in 2016.
Task 2. Information Management
Document Management
Integral will assist Cascadia with organizing,keyword-tagging,and reviewing documents
stored in Cascadia's Everlaw repository. Time will include team meetings and training to
understand effective coding methods and to share that information within the team. This
work will be completed in 2016.
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 4 of 9
Data Management and Chemical Concentration Mapping
Integral maintains a copy of the Western Port Angeles Harbor RI/FS database. The data
have been formatted for use with the Integral Data Analyst(IDA)system,which allows for
real-time data manipulations and display on Integral computers. This subtask task covers
keeping IDA up to date with new sediment data(e.g.,data collected by Ecology as part of
its Ambient Monitoring Program),formatting and loading newly acquired aerial photos,
loading GIS files from Floyd I Snider(prime consultant for the RI/FS),and managing other
key attributes such as locations of historical facilities.
Integral will revise surface sediment chemistry contour maps and other files as new data
are loaded into the database and RI/FS negotiations with Washington State Department of
Ecology(Ecology)evolve.
Data management and GIS support specific to other tasks are covered in the scopes for
those tasks,presented below.
The estimated budget for all of allocation Task 2 is$111,770. This budget is based on an
estimated level-of-effort provided by Cascadia for document coding of 100 hours per
month for 3 months initially,with additional work through 2016. The budget is also based
on the number of documents we anticipate reviewing(e.g.,>4,000 related to stormwater).
It also assumes there will be one additional dataset added to IDA and one update to the
sediment concentration contours.
Task 3. Facility Summaries
Facility summaries that include information related to ownership,operations,industrial
processes,related chemicals,pathways to the harbor,spills,and environmental
investigations,will be prepared to support preparation of"offensive' allocation positions
for the following facilities:
• Rayonier
• Nippon
• Merrill&Ring
• Port of Port Angeles
• Washington Department of Natural Resources
• Oil storage facilities
• Owens Corning
• US Coast Guard
• US Navy
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 5 of 9
• Railroads
• Other facilities as identified by historical research performed by Ed Echtle.
This work will provide an understanding of the potential liability associated with each of
these facilities. Facility summaries will be written using the resources compiled in Everlaw.
The estimated budget for this allocation task is$63,769.
Task 4. Quantitative Analyses
A number of analyses will be conducted to evaluate chemical patterns in sediment and to
identify contaminant sources.
PAHs
Differentiating polycyclic aromatic hydrocarbon(PAH)sources,especially for those PAHs
produced by high temperatures(e.g.,by internal combustion engines,fires,or
manufacturing of products such as creosote),is very challenging. Ratios of certain PAHs,
ratios of isomeric pairs of PAHs,double ratios,and unmixing models were developed in
2015 in advance of our meeting with the insurance carriers. Additional work will be
performed in 2016 to further these analyses.
PCB Congeners
PCB congeners,expressed as a toxicity equivalent quotient(TEQ),are an indicator
hazardous substance under the Model Toxics Control Act due to unacceptable risks to
human health. Ecology is currently developing their position for how PCB TEQ will be
regulated in the harbor. Sources of PCBs will need to be understood to support the City's
allocation arguments,regardless of Ecology's regulatory approach. Integral has conducted
some preliminary quantitative analyses of potential PCB sources and will revisit and
continue those analyses to develop multiple lines of evidence for PCB sources.
Dioxins/Furans
The primary source of dioxins/furans in the harbor is considered to be emissions from hog
fuel boilers. Other sources may include emissions from diesel trucks,backyard burning,
crematoria,and forest fires. These emissions reach harbor sediments through direct
atmospheric deposition into the harbor and deposition onto the drainage basins with
subsequent transport to the harbor via stormwater.
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 6 of 9
Newfields et al.(2013)performed a chemometric study to identify likely dioxin/furan
sources as part of Ecology's site investigation. Integral will review the Newfields
document,including the technical details of the unmixing analysis and related assumptions
and conclusions. We understand that the other PLPs will be doing the same,and that they
have preliminarily identified potential issues with the Newfields analysis. Integral has
included time to re-run the unmixing analysis using different assumptions and including
newer data. Integral has used unmixing to discriminate between dioxin sources at other
sites in the Puget Sound region,including the first site in the state to evaluate dioxin
sources using this quantitative tool.
Metals
The spatial distributions of numerous metals in harbor sediments are similar,and these
metals are thought to have a common origin(likely primarily caustic stored by Crown
Zellerbach). Quantitative analyses(e.g.,clustering or principal component analysis)will be
used to evaluate whether more than one source appears to be present.
The estimated budget for all of allocation Task 4 is$45,597.
Task 5. Fate and Transport
The areal distribution of contaminants in sediments is affected by the location of the source,
the quantity of material released,physical transport and sedimentation processes,and rates
of degradation. Understanding these processes is critically important for developing
evidence of specific sources,and ties in with the facility-specific research described in Task
3 that will help define potential sources and the chemicals that may have been released to
the environment.
Port Angeles Harbor currently has two competing conceptual site models(CSMs)of
sediment transport:the Ecology model and the Rayonier model. Both were derived from
reviews of historical oceanographic data,some dating back to the 1970s,and data collected
by Ecology in 2008. Integral will review the original technical reports and the Ecology and
Rayonier reports,and evaluate patterns in surface and subsurface sediment physical
properties and chemistry,to develop a well-referenced physical CSM. The CSM will be
supported by the quantitative analyses of the sediment contaminant data.
The stormwater runoff modeling performed by Integral for the City(Integral 2013)will be
reviewed for relevance and applicability to support the evaluation of sources and loadings.
The stormwater evaluation could potentially be expanded to support findings from the
CSM development and/or to evaluate additional contaminants,as appropriate. Expansion
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 7 of 9
of the modeling effort,if recommended,would be more fully described and budgeted in a
future scope of work.
The estimated budget for this allocation task is$29,160.
Task 6. Conveyance System Mapping
Integral will review available resources in Everlaw that document the stormwater and
sanitary sewer conveyance systems,including sewer cards,maps,and water quality
reports,to gain an understanding of the stormwater and combined sewer drainage as it
evolved through the city's history. The industrial discharges to the combined sewage
system will be researched to understand the chemical nature of overflows to the harbor.
We will meet once with the City's Public Works staff,in Port Angeles,to obtain their input
on the compiled information and our anticipated work products. Integral will map
available features and delineate drainage basins as they changed over time(e.g.,decadal).
We will explore various data visualization platforms and will compile key features into the
selected platform,such as an interactive PDF that displays changes in sewer lines over
time.
The estimated budget for this allocation task is$90,612.
Task 7. Summary of Aquatic Leases
Aquatic lands in Port Angeles Harbor have been leased from the state for log rafting and
other purposes. The leasehold history can be complex and is documented in a variety of
resources. Integral will compile the resources that document current and historical aquatic
lease information from Everlaw and from WA DNB's website. We will summarize the time
periods and locations associated with various uses over time,with an emphasis on
determining whether the City had any involvement with such leases and the identities of
the parties involved in log rafting and other overwater activities.A written summary or
table,as well as a data presentation tool,will be produced.
The estimated budget for this allocation task is$58,041.
Task 8. Synopsis of City Properties/Leases
Properties that have been or are currently owned or leased by the City of Port Angeles will
be reviewed to determine if they may have been a source of contamination to the harbor.
Compiled information will include,but not be limited to,ownership or lease time periods;
property use,operations,and chemicals used(if applicable);lease history(if applicable);
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
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history of spills/releases of hazardous materials;presence of transformers;and other
information that may be useful in the allocation process. The results will be summarized in
written form and presented graphically.
The estimated budget for this allocation task is$78,139.
Allocation Work in 2017
The allocation process will be active in 2017. Additional anticipated work includes
responding to the allocator's information requests,developing an expert report,supporting
preparation of a position paper,ongoing strategy meetings with the City's team,project
management,and other work that is not defined at this time. A placeholder budget of
$300,000 is included for these additional tasks.
BUDGET
The estimated budget for 2016/2017 is summarized below.The budget request of$885,722
accounts for the budget that remains at the end of 2015 from Amendment 4.
Task 2016 2017
Rayonier Cleanup 20,000 30,000
Insurance Support 1,000 2,000
NRDA 73,431 100,000
Allocation 536,431 300,000
Yearly Total 630,862 $432,000
2016/2017 Grand Total $1,062,862
Amount Remaining from Amendment 4 ($177,140)
Budget Request $885,722
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel
Integral Scope and Budget
February 23,2016
Page 9 of 9
REFERENCES
Integral. 2013. Evaluation of dioxin loading with municipal stormwater runoff. Integral
Consulting,Seattle,WA.
Newfields,Infometrix,and G.Glass. 2013. Port Angeles Harbor sediment dioxin source
study,Port Angeles,WA. Prepared for Washington Department of Ecology. Newfields,
Edmonds,WA.
Integral Consulting Inc.
Privileged and Confidential:Prepared at the Request of Counsel