HomeMy WebLinkAbout06/03/2025 07.B. Resolution authorizing an agreement with Landau for Conceptual Site Model and a Feasibility Study at Interstate 82 Yakima City Landfill Mill Site Project 2337 � ljlt
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.B.
For Meeting of: June 3, 2025
ITEM TITLE: Resolution authorizing an agreement with Landau for Conceptual Site
Model and a Feasibility Study at Interstate 82 Yakima City Landfill Mill
Site Project 2337 (Millsite Fund 323)
SUBMITTED BY: Bill Preston, Acting City Engineer
SUMMARY EXPLANATION:
The City of Yakima previously entered into a contract with Landau Associates Inc. (LAI) on Contract
2016-109 to prepare the Department of Ecology Agreed Order and Interim Action Work Plan for the Mill
Site Project 2337. The City now desires to enter into a Professional Services Agreement with LAI to
perform environmental consulting and engineering services for regulatory compliance, remediation
design, and cleanup action construction for the project.
Per the Agreed Order with the Dept of Ecology (DOE) through the previous contract with Landau
Associates, Inc., the City has completed the Remedial Investigation of the site, and is now moving into
the Conceptual Site Modeling (CSM) and the Feasibility Study (FS) stage of the project. These tasks are
required as part of the Agreed Order. This new contract is required as this work was unable to be
completed prior the the existing contract reaching it's end date.
This agreement is funded with Enterprise, Engineering, and LIFT funds.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Resilient Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution Landau_CSM & FS 2025.docx
Landau Agreement
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RESOLUTION NO. R-2025-
A RESOLUTION authorizing an agreement with Landau Associates Inc. to perform
environmental consulting, engineering, and technical and regulatory
support services for the 1-82 Yakima City Landfill Mill Site Project 2337
WHEREAS, the Yakima City Council established that the environmental cleanup and
redevelopment of the former Cascade Mill Site is both an "Economic Development" and
"Improving the Build Environment" priority; and
WHEREAS, the City of Yakima (CITY) previously entered into a contract with Landau
Associates Inc. (LAI) on Contract 2016-109 to perform the Remedial Investigation required by
the Department of Ecology Agreed Order (AO); and
WHEREAS, the AO further requires that the CITY prepare a Conceptual Site Model
(CSM) and perform a Feasibility Analysis (FA); and
WHEREAS, the City desires to enter into a Professional Services Agreement with LAI to
prepare the CSM and FS; and
WHEREAS, the project is located within the City's LIFT district and is funded both from
local Enterprise and Engineering funds, LIFT matching funds, and insurance; and
WHEREAS, the Scope of Work included in this Professional Services Agreement
with Landau Associates Inc. meet the needs and requirements of the City of Yakima for this
project; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to enter into the contract to provide environmental consulting and engineering
services for the former mill site; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to enter into contract negotiations with Landau
Associates Inc., attached hereto and incorporated herein by this reference, not to exceed Three
Hundred and Three Thousand Three Hundred and One Dollars and Seventeen Cents
($303,301.17) to provide the Professional Services as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 3rd day of June, 2025.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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AGREEMENT
BETWEEN
CITY OF YAKIMA,WASHINGTON
AND
LANDAU ASSOCIATES, INC
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2025, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, (hereinafter referred to as "CITY"), and Landau Associates, Inc.
with its principal office at 155 NE 100th Street, Suite 302, Seattle, WA 98125, (hereinafter referred to
as "ENGINEER"); said corporation being licensed and registered to do business in the State of
Washington, and will provide environmental consulting, engineering, and technical and regulatory
support services under this Agreement on behalf of the City of Yakima's Projects, herein referred to as
the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide environmental consulting and
engineering services for regulatory compliance, remediation design, and cleanup action construction
of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Piper Roelen, P.E. as Principal-in-Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Scope of Services" (WORK) which is attached hereto and made a part of this Agreement as if
fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing and accepted by the parties hereto.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 TERM
3.1 The term of this AGREEMENT shall be through December 31, 2029. This term may be
extended if so authorized by CITY and agreed to by the ENGINEER in writing.
SECTION 4 CITY'S RESPONSIBILITIES
4.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
4.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
4.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care
applicable to its profession.
4.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its
professional duties and obligations under this Agreement or at law. The ENGINEER shall be
entitled to reasonably rely upon the accuracy and the completeness of such documents, services
and reports, but shall be responsible for exercising customary professional care in using and
reviewing such documents, services, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS,AND COMPLETION
5.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 6 COMPENSATION
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6.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall utilize current contractor hourly rates. Estimated rates
identified in Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated
herein by this reference, on a time spent basis plus reimbursement for direct non-salary
expenses.
6.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY-
requested and PROJECT-related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%), and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non-Salary
Expenses are shown in Exhibit B.
6.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
6.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
6.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Three Hundred Three Thousand, Three Hundred and One
Dollars and Seventeen Cents ($303,301.17) The ENGINEER shall make all reasonable efforts
to complete the WORK within the budget and will keep CITY informed of progress toward that
end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is
not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY
obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the
ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent
as if such costs had been incurred after the approved increase, and provided that the City was
informed in writing at the time such costs were incurred.
6.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
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period, copies of subconsultant invoices, and any other supporting materials and details
determined necessary by the City to substantiate the costs incurred. CITY will use its best efforts
to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and
amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the
invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s)
and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61st) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
6.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by CITY's written acceptance and after such audit or verification as CITY may deem
necessary, together with ENGINEER's execution and delivery of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
6.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, designs, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care in the state of Washington and consistent with achieving the PROJECT WORK within
budget, on time, and in compliance with applicable laws, regulations, and permits.
7.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
7.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and shall not make any claim, demand, or application to or
for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER's employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
7.4 INDEMNIFICATION AND HOLD HARMLESS:
a. ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons or property. The ENGINEER agrees to release, indemnify, defend (except for
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professional liability claims), and hold harmless the City, its elected and appointed officials,
officers, employees, agents, representatives, insurers, attorneys, and volunteers from all
liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in
connection with this Agreement or the negligent acts, willful misconduct, failures to act, errors
or omissions of the ENGINEER, or any of ENGINEER's agent(s) or subcontractor(s), in
performance of this Agreement, except for claims caused by the City's sole negligence. CITY
agrees to indemnify and hold ENGINEER harmless form loss, cost, or expense of any kind
claimed by third parties, including without limitation such loss, cost, or expense resulting from
injuries to persons or damages to property, caused solely by the negligence or willful
misconduct of the CITY, its employees or agents in connection with the work or project.
b. Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State
industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification.
ENGINEER's indemnification shall not be limited in any way by any limitation on the amount
of damages, compensation or benefits payable to or by any third party under workers'
compensation acts, disability benefit acts or any other benefits acts or programs. ENGINEER
shall require that its subcontractors, and anyone directly or indirectly employed or hired by
ENGINEER, and anyone for whose acts ENGINEER may be liable in connection with its
performance of this Agreement, comply with the terms of this paragraph, waive any immunity
granted under Title 51 RCW, and assume all potential liability for actions brought by their
respective employees. The Parties acknowledge that they have mutually negotiated this
waiver.
c. Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4.24.115, 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
ENGINEER and the City, the ENGINEER's liability, including the duty and cost to defend,
shall be only to the extent of the ENGINEER's negligence. However, it is expressly
understood that damages (including reasonable attorney fees) associated with professional
liability claims shall be made on a reimbursable basis upon determination of proportional
negligence, unless otherwise ordered by a court of competent jurisdiction.
d. Nothing contained in this Section or this Agreement shall be construed to create a liability or
a right of indemnification in any third party.
e. The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
7.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY shall use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the CITY's and the ENGINEER's officers,
principals, employees, agents, representatives, and engineers as additional insureds on
contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
7.7 ENGINEER shall be solely responsible for and shall pay all taxes, deductions, and assessments,
including but not limited to federal income tax, FICA, social security tax, assessments for
unemployment and industrial injury insurance, and other deductions from income which may be
required by law or assessed against either party as a result of this Agreement. In the event the
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City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the
same before it becomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
8.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attached Exhibits. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated or avoided.
8.2 To the extent applicable, not later than the tenth (10th) day of each calendar month during the
performance of the construction phase of the PROJECT, the ENGINEER shall submit to the
CITY's Representative a copy of the current schedule and a written narrative description of the
WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith
estimate of the percentage completion thereof on the last day of the previous month. Additional
oral or written reports shall be prepared at the CITY's request for presentation to other
governmental agencies and/or to the public.
SECTION 9 REUSE OF DOCUMENTS
9.1 All internal WORK products of the ENGINEER are instruments or services of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees if they were caused by the ENGINEER's own negligent acts
or omissions.
9.2 The ENGINEER agrees that any and all plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be owned by and vested in the
CITY.
9.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 10 AUDIT AND ACCESS TO RECORDS
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10.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY's duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER's WORK and invoices.
10.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include
ENGINEER's written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
10.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 11 INSURANCE
11.1 At all times during performance of the WORK or obligations under this Agreement, ENGINEER
shall secure and maintain in effect insurance to protect the CITY and the ENGINEER from and
against claims, damages, losses, and expenses arising out of or resulting from the intentional or
negligent performance of this Agreement. ENGINEER shall provide and maintain in force
insurance in limits no less than those stated below, as applicable. The CITY reserves the right to
require higher limits should it deem it necessary in the best interest of the public. If ENGINEER
carries higher coverage limits than the limits stated below, such higher limits shall be shown on
the Certificate of Insurance and Endorsements and City of Yakima shall be named as an
additional insured for such higher limits.
ENGINEER shall provide a Certificate of Insurance to the City as evidence of coverage for each
of the policies and outlined herein. A copy of the additional insured endorsement attached to the
policy shall be included with the certificate. This Certificate of insurance shall be provided to the
City prior to commencement of work. Failure to provide the City with proof of insurance and/or to
maintain such insurance outlined herein shall be a material breach of this agreement and a basis
for termination.
Failure by the City to demand such verification of coverage with these insurance requirements or
failure of the City to identify a deficiency from the insurance documentation provided shall not be
construed as a waiver of ENGINEER's obligation to maintain such insurance.
ENGINEER's insurance coverage shall be primary insurance with respect to those who are
Additional Insureds under this Agreement, and any insurance, self-insurance or insurance pool
coverage maintained by the City shall be in excess of the ENGINEER's insurance and neither the
City nor its insurance providers shall contribute to any settlements, defense costs, or other
payments made by ENGINEER's insurance. All additional insured endorsements required by this
Section shall include an explicit waiver of subrogation.
11.1.1 Commercial General Liability Insurance. Before this Agreement is fully executed by
the parties, ENGINEER shall provide the CITY with a certificate of insurance as proof
of commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two Million
Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property
damage, and Five Million Dollars ($5,000,000.00) general aggregate. The certificate
shall clearly state who the provider is, the coverage amount, the policy number, and
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when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the CITY, its elected and
appointed officials, officers, and agents, employees, and volunteers as additional
insureds. The insured shall not cancel or change the insurance without first giving the
CITY thirty (30) calendar days prior written notice. The insurance shall be with an
insurance company or companies rated A-VII or higher in Best's Guide and admitted in
the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Agreement is fully executed by the
parties, ENGINEER shall provide the CITY with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum limits of
Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on
the certificate.
b. If ENGINEER does not own any vehicles, only "Non-owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Agreement, which is
Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The policy
shall name the CITY, its elected and appointed officials, officers, agents, employees,
and volunteers as additional insureds. The insured shall not cancel or change the
insurance without first giving the CITY thirty (30) calendar days prior written notice.
The insurance shall be with an insurance company or companies rated A-VII or higher
in Best's Guide and admitted in the State of Washington.
11.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
11.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject to
minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Five Million
Dollars ($5,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The insured shall not cancel or change the insurance without first giving the CITY thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A-VII or higher in Best's Guide. If the policy is written on a
claims made basis the coverage will continue in force for an additional two years after
the completion of this contract.
Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its elected and appointed officials, officers, employees, agents,
and representatives there under. The CITY and the CITY's elected and appointed officials,
officers, principals, employees, representatives, and agents shall have no obligation for payment
of premiums because of being named as additional insureds under such insurance. None of the
policies issued pursuant to the requirements contained herein shall be canceled, allowed to
expire, or changed in any manner that affects the rights of the CITY until thirty (30) days after
written notice to the CITY of such intended cancellation, expiration or change.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effect, all work under the Agreement shall be discontinued
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immediately. Any failure to maintain the required insurance may be sufficient cause for the City
to terminate the Agreement.
11.3 Neither the ENGINEER nor the CITY shall be liable to the other party for loss or damage
occasioned by delays beyond its control.
SECTION 12 SUBCONTRACTS
12.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to
all contractual matters arising hereunder, including the performance of WORK and payment of
any and all charges resulting from contractual obligations.
12.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY's
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
12.3 CITY does anticipate ENGINEER subcontracting with additional persons or firms for the purpose
of completing work that is or may be authorized by the City and performed under this Agreement.
Known subcontractors and work anticipated to be performed are included on Exhibit"D", attached
hereto and fully incorporated herein.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
12.5 If dissatisfied with the background, performance, and/or general methodologies of any
subcontractor, the City may request in writing that the subcontractor be removed. The
ENGINEER shall comply with this request at once and shall not employ the subcontractor for any
further WORK under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. The ENGINEER for itself and its heirs,
executors, administrators, successors and assigns, does hereby agree to the full performance of
all of the covenants herein contained upon the part of the ENGINEER. It is expressly intended
and agreed that no third party beneficiaries are created by this Agreement, and that the rights and
remedies provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 15 JURISDICTION AND VENUE
15.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
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and effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction in Yakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, gender
identity, political affiliation or belief, or the presence of any sensory, mental or physical handicap,
and any other classification protected under federal, state, or local law, including, but not limited
to the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with
Disabilities Act (42 USC 12101 et. seq.). This provision shall include but not be limited to the
following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or
termination, rates of pay or other forms of compensation, selection for training, and the provision
of services under this Agreement. ENGINEER agrees to comply with the applicable provisions
of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and
regulations. In the event of the ENGINEER's or ENGINEER's subcontractor's noncompliance
with the non-discrimination clause of this Agreement or with any such rules, regulations, or
orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the
ENGINEER may be declared ineligible for any future City contracts.
16.2 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired about, discussed, or
disclosed their own pay or the pay of another employee or applicant. However, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals
who do not otherwise have access to compensation information, unless the disclosure is (a) in
response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding,
hearing, or action, including an investigation conducted by the employer, or(c) consistent with the
contractor's legal duty to furnish information.
16.3 RCW 35.22.650: ENGINEER agrees that the ENGINEER shall actively solicit the employment of
minority group members. ENGINEER further agrees that the ENGINEER shall actively solicit bids
for the subcontracting of goods or services from qualified minority businesses. ENGINEER shall
furnish evidence of the ENGINEER'S compliance with these requirements of minority
employment and solicitation. ENGINEER further agrees to consider the grant of subcontracts to
said minority bidders on the basis of substantially equal proposals in the light most favorable to
said minority businesses.
16.4 Nothing in this Agreement, including, without limitation, the provisions of Section 16, shall require
ENGINEER or any of its subcontractor(s) to take action that would be deemed discrimination or
preferential treatment in violation of RCW 49.60.400. Pursuant to RCW 49.60.400(6), this
Section does not prohibit action that must be taken to establish or maintain the CITY'S eligibility
for any federal program, if ineligibility would result in a loss of federal funds to the CITY.
SECTION 17 SUSPENSION OF WORK
17.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY's control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on the PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 18.
SECTION 18 TERMINATION OF WORK
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18.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with the terminating party and for
cure within the 15-day notice period before termination. Notice shall be considered issued within
seventy-two (72) hours of mailing by certified mail to the place of business of either party as set
forth in this Agreement.
18.2 In addition to termination under subsection 18.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before the effective
termination date.
18.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments.
18.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
18.5 Upon receipt of a termination notice under subsections 18.1 or 18.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
18.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 18.4 of this Section.
18.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 18.3 of this Section.
SECTION 19 DISPUTE RESOLUTION
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19.1 In the event that any dispute shall arise as to the interpretation or performance of this Agreement,
or in the event of a notice of default as to whether such default does constitute a breach of the
contract, and if the parties hereto cannot mutually settle such differences, then the parties shall
first pursue mediation as a means to resolve the dispute. If neither of the afore mentioned
methods are successful then any dispute relating to this Agreement shall be decided in the courts
of Yakima County, Washington in accordance with SECTION 14. If both parties consent in
writing, other available means of dispute resolution may be implemented.
SECTION 20 NOTICE
20.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn: Bill Preston, P.E.
ENGINEER: Landau Associates, Inc
155 NE 100 Street, Suite 302
Seattle,WA 98125
Attn: Piper Roelen, P.E.
SECTION 21 INSPECTION AND PRODUCTION OF RECORDS
21.1 The records relating to the WORK shall, at all times, be subject to inspection by and with the
approval of the City, but the making of(or failure or delay in making) such inspection or approval
shall not relieve ENGINEER of responsibility for performance of the WORK in accordance with
this Agreement, notwithstanding the City's knowledge of defective or non-complying performance,
its substantiality or the ease of its discovery. ENGINEER shall provide the City sufficient, safe,
and proper facilities, and/or send copies of the requested documents to the City. ENGINEER's
records relating to the WORK will be provided to the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK of this Agreement as may be requested by the City. Until the expiration of six (6)
years after final payment of the compensation payable under this Agreement, or for a longer
period if required by law or by the Washington Secretary of State's record retention schedule,
ENGINEER shall retain and provide the City access to (and the City shall have the right to
examine, audit and copy) all of ENGINEER's books, documents, papers and records which are
related to the WORK performed by ENGINEER under this Agreement. If any litigation, claim, or
audit is started before the expiration of the six-year period, the records shall be retained until all
litigation, claims, or audit findings involving the records have been resolved. Prior to converting
any paper records to electronic format and/or destroying any records, ENGINEER shall contact
CITY's Records Administrator (509-575-6037) to discuss retention. In no event shall any record
relating to the WORK be destroyed without CITY consultation.
21.3 All records relating to ENGINEER's services under this Agreement must be made available to the
City, and the records relating to the WORK are City of Yakima records. They must be produced
to third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56
RCW, or by law. All records relating to ENGINEER's services under this Agreement must be
retained by ENGINEER for the minimum period of time required pursuant to the Washington
Secretary of State's records retention schedule.
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
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22.1 ENGINEER agrees to perform all WORK under and pursuant to this Agreement in full compliance
with applicable laws, rules, and regulations adopted or promulgated by any governmental agency
or regulatory body, whether federal, state, local, or otherwise, including policies adopted by the
City, as those laws, ordinances, rules, regulations, and policies now exist or may hereafter be
amended or enacted. ENGINEER shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or
this project, pay all charges and fees, and give all notices necessary and incidental to the due
and lawful execution of the work.
22.2 ENGINEER shall procure and have all applicable and necessary permits, licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of
its work.
a. Procurement of a City Business License. ENGINEER must procure a City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
b. ENGINEER must provide proof of a valid Washington department of Revenue state excise
tax registration number, as required in Title 85 RCW.
c. ENGINEER must provide proof of a valid Washington Unified Business Identification (UBI)
number. ENGINEER must have a current UBI number and not be disqualified from bidding
on any public works contract under RCW 39.06.101 or 36.12.065(3).
d. ENGINEER must provide proof of a valid Washington Employment Security Department
number as required by Title 50 RCW.
e. Foreign (Non-Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it is
specifically understood and agreed that any such corporation will promptly take all necessary
measures to become authorized to conduct business in the City of Yakima, at their own
expense, without regard to whether such corporation is actually awarded the contract, and in
the event that the award is made, prior to conducting any business in the City.
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Severability. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this Agreement are declared severable.
23.2 Agreement documents. This Agreement, Scope of Work, conditions, addenda, and modifications
and ENGINEER's proposal (to the extent consistent with Yakima City documents) constitute the
Agreement Documents and are complementary. Specific Federal and State laws and the terms
of this Agreement, in that order respectively, supersede other inconsistent provisions. These
Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St.,
Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement.
23.3 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing. Failure to notify the City of such a change in financial condition or change of ownership
or control shall be sufficient grounds for termination.
23.4 No conflicts of interest. ENGINEER represents that it or its employees do not have any interest
and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
Agreement.
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23.5 Promotional advertising prohibited. Reference to or use of the City, any of its departments,
agencies or other subunits, or any official or employee for commercial promotion is prohibited.
News releases pertaining to this procurement shall not be made without prior approval of the City.
Release of broadcast emails pertaining to this procurement shall not be made without prior
written authorization of the City.
23.6 Time is of the essence. Timely provision of the WORK required under this Agreement shall be of
the essence of the Agreement provided in a timely manner, subject to the standard of care,
including the provision of the WORK within the time agreed or on a date specified herein.
ENGINEER is not responsible for delays beyond the ENGINEER's control or circumstances not in
keeping with the standard of care,
23.7 Waiver of breach. A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in default to
avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist
upon strict performance of any agreement, covenant or condition of this Agreement, or to
exercise any right herein given in any one or more instances, shall not be construed as a waiver
or relinquishment of any such agreement, covenant, condition or right.
23.8 Force Majeure. ENGINEER will not be responsible for delays in delivery due to acts of God, fire,
strikes, riots, delay in transportation, or those effects of epidemics or pandemics that could not
have been reasonably anticipated or mitigated through acts of the ENGINEER; provided
ENGINEER notifies the City immediately in writing of such pending or actual delay. Normally in
the event of such delays, the date of delivery of WORK will be extended for a period of time equal
to the time lost due to the reason for delay.
23.9 Authority. The person executing this Agreement on behalf of ENGINEER represents and
warrants that they have been fully authorized by ENGINEER to execute this Agreement on its
behalf and to legally bind ENGINEER to all terms, performances, and provisions of this
Agreement.
23.10 Survival. The foregoing sections of this Agreement, inclusive, shall survive the expiration or
termination of this Agreement, in accordance with their terms.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA Landau Associates, Inc.
Vicki Baker Signature
Printed Name: Printed Name:
Title: City Manager Title: President
Date: Date:
Attest
City Clerk
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List of Exhibits attached to this contract
Exhibit A—Scope of Services
Exhibit B—Professional Fees
Exhibit C—Schedule of Rates
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Vicki Baker is the person who appeared before me,
and said person acknowledged that she signed this instrument, on oath stated that she was authorized to
execute the instrument, and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA, to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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30
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument, and acknowledged it as the
of to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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31
LANDAU
LAASSOCI AT ES
EXHIBIT A
April 3, 2025
Transmitted via email to: Bill.Preston@yakimawa.gov
City of Yakima
Engineering Department
129 North 2nd Street
Yakima, WA 98901
Attn: Bill Preston, Community and Economic Development Director
Re: Proposed Scope of Services and Cost Estimate
Execution of Agreed Order Scope of Work
Interstate 82 Exit 33A Yakima City Landfill
Yakima,Washington
Dear Mr. Preston:
Landau Associates, Inc. (Landau) is pleased to submit this proposed scope of services and cost
estimate to the City of Yakima (City)to implement the next phase of work required under Agreed
Order No. 15861 (AO), between the City and the Washington State Department of Ecology(Ecology),
at the Interstate 82 Exit 33A Yakima City Landfill Site (Landfill Site; Cleanup Site ID No. 3853) located in
Yakima, Washington. As you are aware, under the AO,the City is required to prepare an updated
Conceptual Site Model (CSM), a Feasibility Study (FS), and a draft Cleanup Action Plan (dCAP) in
compliance with the Model Toxics Control Act (MTCA) process. This proposal summarizes the scope of
work for the project including the AO-required tasks and other strategic and regulatory support tasks
needed to complete this scope of services, and provides a budgetary estimate for completion of these
tasks. Note that interim action-related tasks specified in the AO and other tasks in support of the
Bravo Company Boulevard and East-West Corridor roadway construction project will be completed
under a separate authorization from the City.
SCOPE OF SERVICES
The scope of services and estimated costs included in this proposal include the following:
1. Project management and administration, including planning meetings with the City and
Ecology.
2. Strategic and regulatory support related to the AO and associated scope of work, including
communications and consultation with Ecology, monthly progress reports required by the AO,
and data submittals to Ecology's Environmental Information Management (EIM) database.
3. Prepare an updated CSM.
4. Complete an FS and prepare an FS report.
SEATTLE
155 NE 100th Street,Ste 302,Seattle,WA 98125 T 206.631.8680 landauinc.com
32
Closed City of Yakima Landfill—Agreed Order Scope of Work
April 3,2025
5. Prepare a dCAP.
A more detailed description of the tasks included in this scope of services is provided below.
Task 1 . Project Management, Administration, and Meetings
This task includes typical project management activities such as project setup, invoicing, budget
tracking, and project scheduling and coordination for up to 3 years (estimated duration for the
completion of the project scope of services). Landau will continue to communicate regularly with the
City team, monitor work task performance, maintain the schedule and budget, and ensure that
systems are in place to conduct quality assurance and quality control on deliverables and
correspondence.
The budget for Task 1 also assumes participation in up to six 1-hour virtual meetings with the City
and/or Ecology for two Landau employees (project manager and task manager), and one in-person
meeting in Yakima or Union Gap (assumes 8 hours each for project manager and task manager,
including travel time). These meetings are assumed to be necessary for general status updates,
project planning, and seeking general input from Ecology. This task also includes preparation of
monthly progress reports for submittal to Ecology, as required by the AO, for up to 3 years (i.e., up to
36 progress reports; assumed for cost-estimating purposes).
Unbilled Work In Progress
At the completion of the prior contract period and budget authorization with the City for AO-related
work(i.e., not City roadway project work), Landau has unbilled work in progress related to the 2025
groundwater sampling event and other AO-required tasks (preparation and submittal of monthly
progress reports). Task 1 includes approximately$17,000 in unbilled labor, expenses, and
subcontractor (analytical laboratory) costs.
Task 2. Updated Conceptual Site Model
As required by the AO, Landau will prepare an updated CSM using data acquired during pre- and post-
interim action groundwater monitoring events, from the Mill Site remedial investigation (RI; Barr
2021), from Landau's groundwater/surface water memorandum (Landau 2019), as well as data and
information gathered during the removal of municipal solid waste and wood debris within the landfill,
Landau will prepare draft, agency review, and final versions of an updated CSM, as required by the
AO.The updated CSM will describe the current nature and extent of contamination at the Landfill Site
from the release of hazardous substances in all affected media (soil, soil gas, groundwater, and/or
surface water, if applicable). The CSM will be provided in the form of a technical memorandum and
will consist of a short textual description with a supporting diagram, substantially similar to Section 9
and Figure 17 of the Supplemental RI Report.
2 landauinc.com
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Closed City of Yakima Landfill—Agreed Order Scope of Work
April 3,2025
Task 3. Feasibility Study
Landau will prepare draft, agency review, and final versions of an FS in compliance with MTCA
(Washington Administrative Code [WAC] 173-340-350/-360) and as required by the AO. The FS will
include a summary of current site conditions, proposed Site cleanup standards, remedial action
objectives, screening of applicable cleanup technologies, an assembly of reasonable remedial
alternatives, an evaluation of the remedial alternatives against regulatory threshold and other criteria,
a disproportionate cost analysis, and selection and description of the preferred remedial alternative.
This task also includes meetings or negotiations with Ecology and/or preparation and support for a
public comment/participation period associated with Ecology's review and final approval of the FS.
Accordingly,this task includes:
• Up to two in-person meetings with the City, Ecology, and/or the public in Yakima or Union Gap
(10 hours each including preparation of supporting materials and travel time) and two 1-hour
conference calls that will be attended by up to two Landau project team members to discuss FS-
specific issues and/or for public meetings during the public comment period.
• Other minor supporting activities related to the FS, such as miscellaneous information requests
from Ecology.
This task does not include multiple agency review drafts/revisions and assumes that comments from
the City and/or Ecology do not require substantial revisions to the remedial alternatives considered or
additions to the report.
Task 4. Draft Cleanup Action Plan
Landau will prepare a client draft and final draft version of a dCAP in compliance with MTCA
(WAC 173-340-380). The dCAP will include a description of the proposed cleanup action; a summary of
other cleanup action alternatives considered; cleanup standards for each contaminant and media of
concern at the Landfill Site; an implementation schedule; a description of institutional controls (if
necessary); applicable, relevant, and appropriate requirements for the cleanup from state and federal
law; and a description of where and how on-Site containment is used (if applicable) and the quantity
and levels of hazardous substances remaining at the Landfill Site.
This task also includes meetings or negotiations with Ecology and/or preparation and support for a
public comment/participation period for review and final approval of the dCAP. Accordingly,this task
includes:
• Up to two meetings with Ecology and/or the public in Yakima or Union Gap (10 hours each
including preparation of supporting materials and travel time) and two conference calls that will
be attended by up to 2 Landau project team members.
• Other minor supporting activities related to the dCAP, such as miscellaneous information
requests from Ecology.
This task does not include preparation of the final CAP or any tasks beyond the scope of work
identified in the AO.
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Closed City of Yakima Landfill—Agreed Order Scope of Work
April 3,2025
SCHEDULE
Landau is prepared to begin work on this project immediately upon receipt of notice to proceed. To
the extent applicable, the schedule will be dictated by the schedule identified in the AO (and/or
subsequent communications with Ecology) and the duration of City and Ecology review and approval
times for each submittal. In the event that it is determined that it will not be feasible to meet the AO
submittal deadlines to Ecology due to circumstances outside Landau's control or it is otherwise
decided by the City/attorneys that additional time is needed for planning or strategic purposes related
to roadway project schedule delays, Landau will work with the City to determine a new schedule and
request an appropriate deadline extension from Ecology.
Given the complex nature of the AO services and the complex nature of the Cascade Mill
Redevelopment Project, Landau will provide all deliverables outlined in the tasks above with sufficient
lead time for attorney, City, and/or other consultant (where appropriate) review of these submittals.
For example,the FS will be provided 1 month prior to initial submission to Ecology.
ESTIMATED COST
The estimated cost for the scope of services outlined above was developed on a cost-plus-fixed-fee
basis consistent with the Local Agency Guidelines (LAG) Manual prepared by the Washington State
Department of Transportation (WSDOT). The estimated costs are detailed below by task and a
Consultant Fee Determination Summary Sheet (Exhibit B) is attached.
Task Estimated Budget
Task 1. Project Management and Administration(including Unbilled Work in Progress) $95,100
Task 2. Updated Conceptual Site Model $13,700
Task 3. Feasibility Study $124,900
Task 4. Draft Cleanup Action Plan $69,600
Estimated Total Cost $303,300
As noted above, Landau's services will be provided on a cost-plus-fixed-fee basis consistent with the
WSDOT LAG Manual. Estimated labor costs have been developed based on direct labor costs
established as the "Not-to-Exceed" labor rates (Exhibit C)for each Landau billing category calculated
using our approved 2024 WSDOT overhead rate (updated since Landau's last Change Order for work
related to the Landfill Site). However, labor charges will be accrued based on the actual direct labor
rate for the Landau staff member(s) working on the various aspects of the project. Landau anticipates
that our services for this project will be conducted under our existing agreement for services related
to the City of Yakima Former Yakima Landfill Site.
If the scope of work in the AO is increased or requires a higher level of effort than assumed based on
unforeseen conditions or circumstances, Landau will bring these to your attention and seek
modification to this scope of services and budget, as appropriate.
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Closed City of Yakima Landfill—Agreed Order Scope of Work
April 3,2025
PERSONNEL
Piper Roelen, PE, will continue to act as Landau's project manager for this effort. Piper has 29 years of
experience in environmental engineering and hazardous materials investigation and cleanup. Shane
Kostka, LG, will continue to act as the task manager for this project. Piper and Shane may also be
supported by other engineers, geologists, or qualified staff scientists with experience with hazardous
materials cleanups, landfill gas mitigation, and roadway construction, who may provide field services
and technical support for this project under his direction.
AUTHORIZATION
Landau's services can be authorized by signing the attached authorization form, or by the City's
preferred method. An email authorization to proceed is acceptable. Such authorization would be
interpreted as acceptance of the scope, cost, terms, and conditions described in this proposal.
We appreciate the opportunity to submit this proposal and look forward to providing assistance on
this project. Please contact us if you have any questions regarding this proposal.
LANDAU ASSOCIATES, INC.
Piper M. Roelen, PE
Principal
PMR/SRK/IjI
X250441.403
[X:\C_YAKI MA\2025-04_YAKLF-AO_CSM_FS_CAP\LAN DAU_YAKI MALF_AO_CSM-FS-CAP_PRO 040325.DOCX]
Attachments: Exhibit B. Consultant Fee Determination Summary Sheet
Exhibit C. Schedule of Rates
cc: Clark Davis, Davis Law
References
Barr. 2021. Revised Draft Remedial Investigation Report, Yakima Mill Site (aka Boise Cascade Mill Site),
805 North 7th Street, Yakima, WA 98901. Barr Engineering. November 15.
Landau. 2019. Technical Memorandum: Final—Groundwater/Surface Water Interaction, Closed City of
Yakima Landfill Site, Yakima, Washington. Landau Associates, Inc. April 16.
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Closed City of Yakima Landfill—Agreed Order Scope of Work
April 3,2025
AUTHORIZATION
The scope of services and contractual conditions as described in this proposal and its attachments are
accepted and Landau Associates, Inc. is authorized to proceed.
By
Signature* Printed
For
Firm* Date
*Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing.
City of Yakima
Execution of Agreed Order Scope of Work
Interstate 82 Exit 33A Yakima City Landfill
Yakima,Washington
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Exhibit B
Consultant Fee Determination Summary Sheet
Project: City of Yakima-Yakima LF CSM, FS, DCAP
Subconsultant: Landau Associates
Direct Salary Cost(DSC):
Classification(b) Hours = Typical Rate(a) = Cost
Principal/Senior Principal* 234 X $112.98 $26,437.32
Senior Associate 8 X $79.33 $634.64
Associate 328 X $70.00 $22,960.00
Senior 0 X $64.90 $0.00
Senior Project 0 X $56.49 $0.00
Project 357 X $50.48 $18,021.36
Senior Staff 0 X $44.47 $0.00
CAD Designer/GIS Analyst 114 X $55.75 $6,355.50
Staff/Senior Technician II 0 X $40.87 $0.00
Project Coordinator 180 X $44.00 $7,920.00
Data Specialist 1 X $36.06 $36.06
CAD/GIS Technician 0 X $41.25 $0.00
Technician 0 X $25.00 $0.00
Support Staff 3 X $29.75 $89.25
Total Hours: 1225 Total Direct Salary = $82,454.13
Overhead Cost @ 222.49%of Direct Labor Cost(c) = $183,452.19
Fixed Fee @ 30%of Direct labor Cost = $24,736.24
Total Direct Labor = $290,642.56
Reimbursables:
Travel Expenses(est. miles @ $0.70/mile IRS) 3,240 $0.70 $2,268.00
10%markup
Laboratory Expenses(+10%markup) $8,673.28 $867.33 $9,540.61
Other Non-Labor Expenses $850.00
$0.00
Subconsultant Total = $303,301.17
Prepared By: Shane Kostka Date: April 3,2025
(a) Rates shown reflect the typical compensation rate of employees assigned to the billing category listed.
Each category may have multiple employees assigned to that billing category and each employee
may have a different hourly rate of pay. Employee compensation is subject to adjustment annually.
(b)Classifications shown are general,the actual invoice will show our employee's specific discipline
for e.g.,Senior Engineer,Senior Geologist,Senior Planner.
(c)Per WSDOT analytical review of Landau Associates'financial statements for the year ended 6/30/24.
Excludes CEO
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EXHIBIT C
Schedule of Rates
Landau Associates, Inc.
Classification Hourly Rates
Principal/Senior Principal $398.24
Senior Associate $279.63
Associate $246.74
Senior $228.77
Senior Project $199.12
Project $177.93
Senior Staff $156.75
Staff/Senior Technician II $144.06
Data Specialist $127.11
CAD Designer $196.52
GIS Analyst $183.29
CADD Operator $145.41
Project Coordinator $155.10
Support Staff/Senior Technician I $104.87
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