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Home My WebLink AboutC3. Task Order Tetra Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Kellen Gamradt, Engineering Inspector Craig Woolard, Director of Public Works SUBJECT: Task Order Amendment for Environmental Assessment Addendum MEETING DATE: October 5th, 2015 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign a new task order amending the September 2014 task order for Environmental Assessment and Addendum to Voluntary Cleanup Plan for the CMC Bozeman Asbestos Facility. BACKGROUND: The property in which the Bozeman Public Library is built on was once a depot for the Chicago Milwaukee Railroad, and was contaminated with asbestos and other heavy metals in the soil. Since 2001, the City has worked to address the contamination. In October 2003, the City owned property was remediated and the library was constructed. Upon further investigation, the Department of Environmental Quality (DEQ) determined that additional asbestos contamination existed in neighboring properties. The City was required to act as the lead party to remediate these neighboring properties as part of the entire contamination. In 2009 asbestos was removed from several neighboring properties. Yet, as of today, there remain areas in which existing structures, public streets, and sidewalks have not been cleaned of buried asbestos. The DEQ has determined there are no threats to public health or safety since the remaining asbestos is encapsulated. In the spring of 2014, the sidewalk abutting Heebs Grocery was found to have significant cracking that could pose a risk by exposing buried asbestos. The City worked with the DEQ and the property owner to come up with a cleanup plan. Two separate bids were received from abatement contractors that have experience with this specific site. The low bid was received from Tetra Tech for $34,659. Both bids assumed there would be six inches of material to be removed. Since the material was buried it was unclear exactly how much material would be removed from the site. Once the excavation began, continuous low level hits of asbestos were found in the confirmation lab samples. This created an ongoing problem where asbestos ore was not visible but the lab analysis required further excavation. Throughout the summer, five separate excavations in varying complexity were attempted to reach zero percent asbestos ore contained in the confirmation lab samples. Compounding the issue was the fact that asbestos ore could be seen on the side slopes of the excavation leading into the neighboring private property. The neighboring private property was not included in this scope of services or required to be cleaned by the DEQ. 69 After negotiations with the DEQ, it was agreed that all costs attributed to the cleanup of the asbestos contamination demonstrated to be 100% free and clean of asbestos ore would be eligible for reimbursement through the Controlled Allocation of Liability Act (CALA). The areas that were not cleaned of ore were capped under at least six feet of soil and the public sidewalk. The areas that still contained traces of asbestos ore will be cleaned up when the private property is cleaned up under a separate cleanup project initiated by the property owner. In order to receive the CALA reimbursement the DEQ has required that the City’s consultant provide a voluntary cleanup plan addendum (VCPA) for the entire facility. A task order to complete this work was signed by the city manager last October which brought the total project cost to $80,527. A VCPA was compiled by Tetra-Tech over the next several months and submitted to DEQ for approval. Upon review of the Environmental Assessment component of the VCPA, the DEQ required that the limits of our Facility be expanded to include Tire Rama’s property and Moose Point LLP’s Property and that new access agreements were required for all properties within the facility. Neither of these requirements were included in Tetra-Tech’s original scope of work. As a result, an amendment to the approved task order has been drafted by Tetra Tech in the amount of $17,710 to cover these additional requirements imposed by the DEQ. Once the Environmental Assessment component of the VCPA is approved, the city will be reimbursed for all areas of sidewalk found to be 100% remediated of asbestos ore. Measures have been taken in the negotiations with the DEQ to assure that any future cleanups within the public right of way will not lead to cost over-runs and delays like this project. UNRESOLVED ISSUES: None ALTERNATIVES: Disapprove FISCAL EFFECTS: Due to additional documentation requirements placed on our facility by the MDEQ the contract price of $80,527 has been revised to $98,237. The street reconstruction fund will front the costs for the cleanup, but will be reimbursed approximately 70 to 85% of the costs from CALA. Attachments: Task Order Amendment Report compiled on: 9/23/15 70 Task Order August 2015 Task Order for Environmental Assessment and Addendum to Voluntary Cleanup Plan CMC Bozeman Facility Bozeman, Montana August 11, 2015 CLIENT: CONSULTANT: The City of Bozeman Tetra Tech, Inc. P.O. Box 1230 851 Bridger Drive, Ste 6 Bozeman, Montana 59711-1230 Bozeman, MT 59715 Attention: Mr. Kellen Gamradt Attention: Mr. Kirk A. Miller INTRODUCTION Our proposal and cost estimate are based on DEQ’s request for Addendums to the 2013 Environmental Assessment and 2013 Voluntary Cleanup Plan for the remaining unremediated properties within the subject Facility. SCOPE OF WORK This Modification is for the following work, which is outside the scope of our previously approved September 2014 Task Order. Tetra Tech will conduct the following work tasks to close out the Heebs East Sidewalk contaminated soil removal project.  Complete the Addendum to the 2013 Environmental Assessment Component of the 2013 CMC Voluntary Clean-up Plan (VCP) to address all remaining unremediated areas within the CMC Bozeman Facility. A portion of this document was completed under the previous task order, however, DEQ’s request to include additional properties and to secure new landowner access agreements have increased our costs.  Prepare an Amendment to the 2013 CMC Voluntary Clean-up Plan (VCP) to address all remaining unremediated areas within the CMC Bozeman Facility. We anticipate that this document will identify the location of the Heebs Sidewalk excavation area as well as outlining an approach to any future soil removal projects. A draft of this document was produced last year, however, DEQ has changed the scope of this document, so considerable new text will be necessary. Reporting Tetra Tech will submit the following documents for City review prior to DEQ submittal.  Final Addendum to Environmental Assessment  Draft and Final VCP Amendment 71 August 2015 Task Order for Addendum to EA and VCP August 11, 2015 Page 2 of 2 COST ESTIMATE Tetra Tech estimates that our costs to perform the scope of work outlined above on a time and materials basis is $17,710. Special Conditions Execution of this Task Order constitutes acceptance of all terms and conditions contained in Tetra Tech’s Professional Services Agreement with the City of Bozeman, dated May 29th, 2014. CLIENT: CONSULTANT: City of Bozeman Tetra Tech By: By: Its: Its: Sr. Project Manager Date: Date: August 11, 2015 72 August 11, 2015 VCP Addendum RATE QUANTITY COST Labor Project Manager $170.00 12.0 $2,040.00 Asbestos Manager $120.00 16.0 $1,920.00 Staff Scientist $95.00 24.0 $2,280.00 CADD $65.00 12.0 $780.00 Clerical $55.00 12.0 $660.00 Subtotal $7,680.00 Other Direct Costs Photocopies $0.10 300.0 $30.00 Vehicle Mileage, per mile $0.60 1500.0 $900.00 $930.00 Task Total $8,610.00 Environmental Assessment Addendum RATE QUANTITY COST Labor Project Manager $170.00 12.0 $2,040.00 Asbestos Manager $120.00 16.0 $1,920.00 Staff Scientist $95.00 32.0 $3,040.00 CADD $65.00 8.0 $520.00 Clerical $55.00 12.0 $660.00 Subtotal $8,180.00 Other Direct Costs Photocopies $0.10 200.0 $20.00 Vehicle Mileage, per mile $0.60 1500.0 $900.00 $920.00 Task Total $9,100.00 TOTAL $17,710.00 Cost Estimate 2015 Environmental Assesment and Voluntary Cleanup Plan Task Order South Wallace Avenue, Bozeman, Montana Tetra Tech Page 1 of 173