HomeMy WebLinkAboutR-2020-130 Fair Ave. Extension Project, Supplement 3; Landau AssociatesA RESOLUTION
RESOLUTION NO. R-2020-130
authorizing Supplement 3 to the Professional Services Agreement
with Landau Associates, Inc. (LAI) to conduct additional tasks in the
construction oversight and permits of the former Interim Action
Work Plan at the Cascade Mill Redevelopment Project — Fair
Avenue Extension
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 Washington State Department of Ecology has provided funding for
the cleanup of this site of $8.7 million, with additional funds from other sources, available
for this supplement; and
WHEREAS, the City of Yakima previously entered into a contract with Landau
Associates, Inc. (LAI) in 2016 (Contract 2016-109) to prepare the Department of Ecology
Agreed Order (DE 15861; $180,000), Interim Action Work Plan (Contract Supplement 1;
$356,000), engineering plans and contract management of the clean-up of the site
(Contract Supplement 2; $23,000); and
WHEREAS, the Scope of Services for Supplement 3 includes construction oversight
and related permits required for the Interim Action Work Plan which is a technical activity
that will involve multiple agencies and parties; and
WHEREAS, the Scope of Work and Budget identified as Exhibit A includes the
Professional Services Agreement and Budget meet the needs and requirements of the City
of Yakima for this Contract Supplement 3; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute Contract Supplement 3 of the
Professional Services Agreement with Landau Associates, Inc. (LAI) attached hereto and
incorporated herein by this reference not to exceed One Hundred Twenty Thousand
Dollars ($120,000) to provide the Professional Services as described in the tasks of the
Agreement, now, therefore,
ADOPTED BY THE CITY COUNCIL this 17th day of November, 2020.
ATTEST:
Sonya Cldar )Tee, City Clerk
Contract Supplemental Agreement
Supplemental Agreement
Number: 3
Organization and Address:
Landau Associates
130 2' Avenue South
Edmonds, WA 98020
Original Contract Number:
2016-109
Execution Date of Supplement:
November 17, 2020
City Engineering Project Number: 2337
Completion Date of Supplement:
December 31, 2021
Project Title:
Cascade Mill Redevelopment Project -
Environmental Cleanup of Fair Avenue
Extension
Maximum Amount Payable this Supplement:
$120,000 —
Maximum Total Amount Payable for the
Agreement:
$499,000
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the contract agreement entered into with Landau
Associates, and executed on June 10, 2016 by Resolution No. 2016-072 by and identified as Contract
2016-109. All provisions in the basic contract remain in effect except as expressly modified by this
supplement. The changes to the agreement are described as follows:
Section 2: Scope of Services
The additional Services include the support of construction support and oversight for interim action
municipal solid waste (MSW) and wood debris removal activities within the roadway project right-of-
way/construction easement. Landau Associates, Inc (LIA) will assist the City with certain permitting efforts
related to MSW removal during roadway construction; specifically the Construction Stormwater General
Permit and other tasks related to the construction support services, detailed in the attached Exhibit A,
Scope of Services.
Section 3: Compensation
Payment for this supplemented work will, as shown on Exhibit A is not to exceed $120,000, bringing the
total amount of the Agreement to $499,000.
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By: C2,0eA By:
Consultant Signature
City Manager
( ( 7 - d-60-0
CITY CONTRACT NO:
RESOLUTION NO:
Date
EXHIBIT A
October 27, 2020
City of Yakima
Legal Department
200 South Third Street
Yakima, Washington 98901
LANDAU
ASSOCIATES
Attn: Ms. Joan Davenport, Strategic Project Manager; Mr. Jeffrey R. Cutter, City Attorney
Re: Request for Scope and Budget Revision (Change Order #3) — Roadway Project Interim Action
Construction Oversight for Roadway Waste Removal
Closed City of Yakima Landfill Site
Yakima, Washington
Dear Ms. Davenport and Mr. Cutter:
Landau Associates, Inc. (LAI) is pleased to submit this request to the City of Yakima (City) to modify
our current scope of services and associated budget under our existing Contract No. 2016-109 with
the City related to the Bravo Company Boulevard and East-West Corridor roadway project (roadway
project). The requested modification would be to add additional services and extend the budget
related to construction support and oversight for interim action municipal solid waste (MSW) and
wood debris removal activities within the roadway project right-of-way/construction easement.
LAI will also assist the City with certain permitting efforts related to MSW removal during roadway
construction; specifically, assisting with issues related to obtaining coverage under the Construction
Stormwater General Permit (CSGP). LAI will also provide certain construction support, oversight, and
documentation services during construction of these design elements.
The following summarizes scope of services included in this proposal.
Scope of Services
In addition to our existing authorized scope of services, which include limited construction oversight
activities related to the installation of the landfill gas mitigation barrier, LAI will provide construction
oversight and support activities, divided into four tasks as follows:
• Task 1 — Project Management and Meetings
• Task 2 — Permitting Support
• Task 3 — Construction/Contractor Support
• Task 4 — Landfill Excavation Oversight/Excavated materials Management Plan Implementation
Support.
These tasks are described in the following sections.
130 2nd Avenue South Edmonds, Washington 98020 (425) 778-0907 ® www.landauinc.com
Yakima Roadway Project — Interim Action Construction Oversight for Roadway Waste Removal
Revised Scope of Services (Change Order No. 3) Landau Associates
Task 1: Project Management and Meetings
Additional project management budget is requested to provide typical project management activities
such as task revision setup, contracting with subconsultants and subcontractors (if needed), invoicing,
internal coordination, and coordination with the City, Yakima County (County), Halme Construction
(Contractor), and the Washington State Department of Ecology (Ecology) and other regulatory
agencies, such as Yakima Regional Clean Air Agency (YRCAA). Additionally, this task will include up to
two meetings in Yakima (8 hours each including meeting, travel, and preparation time) for two
individuals (project manager and field engineer/geologist/technician), and weekly teleconference
status meetings (1 hour each) attended by the project manager or appropriate task manager, with the
City and/or other project stakeholders, for the duration of construction (assumed to be 6 months).
Task 2: Permitting Support
This task includes assisting the City with applying for and obtaining certain environmental -related
permits required for implementation of the proposed cleanup action. Because the work is being
performed under the Model Toxics Control Act (MTCA), state and local permits are not required, but it
must be demonstrated that the proposed construction/ development meets the substantive
requirements of these permits.
LAI proposes this new task to assist the City with obtaining permits for construction including:
1. Construction Stormwater General Permit (Ecology)
2. Industrial Wastewater Discharge Permit (City).
Note that LAI's currently authorized scope of services already includes assisting the City with any
necessary air permitting requirements. LAI has provided YRCAA with documentation indicating that a
new source review and air permit for the excavation of MSW from the landfill is not required because
emissions would be de minimis; therefore, the project is exempt from air permitting requirements.
However, LAI will continue to support communications with Ecology and YRCAA related to this issue
as needed (as previously authorized by the City).
Note as well that a State Environmental Policy Act (SEPA) checklist has already been prepared, gone
through public comment and a Determination of Non -Significance issued by Ecology for the interim
action work discussed in this proposal.
Assumptions
• The City will be responsible for payment of all applicable application and permitting fees for
all permits that LAI assists with.
• The City (or its civil engineering consultant) and the Contractor will be responsible for any
revisions necessary for the stormwater pollution prevention plan (this is not included in LAI's
proposed scope or budget).
October 27, 2020 2
Yakima Roadway Project — Interim Action Construction Oversight for Roadway Waste Removal
Revised Scope of Services (Change Order No. 3) Landau Associates
Task 3: Construction/Contractor Support
LAI will provide as -needed support to the Contractor related to removal of the MSW and wood debris,
and implementation of the Excavated Materials Management Plan (EMMP; Appendix C to the Interim
Action Work Plan). This support includes the following:
• Review of the following required Contractor submittals:
- Health and Safety Plan
- Testing results for low -permeability soil for landfill gas barrier
• Responding to Contractor requests for information (RFIs) related to:
- Health and safety or other issues related to the management or disposal of MSW and
wood debris
- Implementation of the EMMP
- Regulatory requirements applicable to construction that are related to the interim
action or site cleanup.
Note that LAI's currently authorized scope of services already includes similar support for construction
of the low -permeability soil wall (landfill gas barrier) and preparation of as -built drawings for the low -
permeability soil wall.
Assumptions
• City, County, or others will provide support for submittal review and RFI response related to
general construction related tasks (civil designs, specs, backfilling, etc.) and
archaeological/cultural resources/natural resources services. These activities are not included
in this proposed scope of services.
Task 4 - Landfill Excavation Oversight/Excavated Materials Management Plan
Implementation Support
LAI will provide construction oversight services related to the excavation of MSW and wood debris
and provide field support, as needed, to the Contractor as it relates to implementation of applicable
portions of the EMMP. Specifically, LAI will provide the following oversight and EMMP
implementation services:
• LAI will be onsite for up to 3 weeks at the beginning of MSW and wood debris excavation to
generally evaluate whether the Contractor is properly performing excavation, hauling, and
disposal of wood debris and MSW such that known solid waste or previously unidentified
dangerous waste or other dangerous materials/special wastes that may be encountered
during construction (including potentially impacted groundwater) are properly identified,
characterized, managed, and disposed of in accordance with applicable, relevant, and
appropriate requirements, including local, state, and federal health and safety, disposal, and
cleanup laws and regulations. Specifically, LAI will:
October 27, 2020 3
Yakima Roadway Project — Interim Action Construction Oversight for Roadway Waste Removal
Revised Scope of Services (Change Order No. 3) Landau Associates
1) Observe and, as needed, screen materials being excavated from the landfill to
evaluate appropriateness for transportation and disposal of the material to the
designated disposal facility(ies) selected/approved for the project;
2) Provide guidance and training to County staff on how to execute the EMMP;
3) If necessary, provide field analytical testing and/or collect and submit samples for
laboratory analysis to characterize materials that are identified as suspect hazardous
or other special waste; and
4) If necessary, direct the Contractor on how to segregate, manage, transport, and
dispose of wastes not suitable to be disposed at the designated Subtitle D disposal
facility for the project.
• After the initial 3-week period, LAI will be onsite for up to 1 day per week for the duration of
excavation activities (estimated 5 additional months) to provide ongoing assistance with the
activities indicated in the bullet above.
• The weekly site visit will either be on a specified/scheduled day as agreed to between LAI, the
City, County, and the Contractor, or on an on -call basis. This weekly site visit will allow
satisfaction of the construction specifications that indicate that the "City's Environmental
Consultant will be onsite or available to be onsite within 48 hours (during normal business
days) to execute the Sampling and Analysis Plan" (SAP; Appendix D to the Interim Action Work
Plan) as needed to assist the County/Contractor with implementation of the EMMP.
• For the purposes of this proposal, LAI will also budget for up to 5 additional days onsite to
respond to the discovery of unexpected dangerous or special waste and provide
characterization/delineation of the material and direction to the contractor for management
thereof.
Assumptions
• When onsite, LAI will bring appropriate monitoring equipment for screening of materials
and/or laboratory sampling containers needed to sample, identify and analyze the materials
to determine appropriate management and disposal requirements. The City/County will be
responsible for providing its own equipment for such screening activities when LAI is not
onsite.
• The proposed budget for this task is based on the proposed time onsite indicated above and a
budget of up to $10,000 for laboratory analytical services. The laboratory budget is not based
on any specific number of samples or analytes (which will be determined based on LAI's
professional judgement); it is only an allowance to allow LAI to be responsive to the needs of
the project, but will need to be adjusted if the allowance is exceeded.
• General construction quality assurance work (e.g., quality assurance for Contractor's general
compliance with construction specifications; soil compaction testing, etc.) is to be performed
by the County and is not included in LAI's proposed scope or budget except where specifically
identified herein.
• Actual schedule and duration of oversight of these activities will be dependent on the
Contractor's schedule. If the schedule is longer than estimated in this proposal or the City
October 27, 2020 4
Yakima Roadway Project — Interim Action Construction Oversight for Roadway Waste Removal
Revised Scope of Services (Change Order No. 3) Landau Associates
requests additional oversight tasks and time onsite, LAI will provide an estimate of the
additional time and cost necessary to complete these activities.
Terms & Conditions, Schedule, and Estimated Budget
The scope of work for the additional services described above will be performed in accordance with
our existing Contract No. 2016-109 between LAI and the City of Yakima.
The schedule for performance of this work is dependent on the overall roadway project construction
schedule (not yet determined/available). While this schedule is outside of LAI's direct control, LAI will
work with the City, County, and Contractor to identify and meet construction milestones and
deadlines.
The estimated cost for the additional services outlined above was developed on a cost -plus -fixed -fee
basis consistent with the Local Agency Guidelines (LAG) Manual prepared by WSDOT using LAI's most
recent audited overhead rates. Accordingly, we propose to update the compensation schedule
included in Contract No. 2016-109 (i.e., update Exhibit B — Professional Fees and Exhibit C — Schedule
of Rates) to be consistent with these rates. The estimated costs are summarized below by task and
detailed in the attached revised Exhibits B and C.
Task Estimated Budget
Task 1. Project Management and Meetings $16,400
Task 2. Permitting Support $8,200
Task 3. Construction/Contractor Support $8,000
Task 4. Landfill Excavation Oversight/Excavated Materials Management Plan Implementation $87,400
Support
Estimated Total Cost $120,000
Approval of this additional estimated budget will increase the total authorized contract value from
$369,400 to $489,400.
As noted above, our services will be provided on a cost -plus -fixed -fee basis based on the attached
contract compensation schedule. Estimated labor costs have been developed based on direct labor
costs established as the "Not -To -Exceed" labor rate for each LAI billing category calculated using our
proposed contract rates. However, labor charges will be accrued based on the actual direct labor rate
for the LAI staff member(s) working on the various aspects of the project.
If the scope of work related to the roadway project is increased or requires a higher level of effort
than assumed above, or unforeseen conditions or circumstances are encountered during performance
of these services, we will bring these to your attention and seek modification to this scope of services
and budget, as appropriate.
October 27, 2020 5
,
Yakima Roadwaypmject—|nterim Action Construction Oversight for Roadway Waste Removal
Revised Scope nfServices (Change Order No. 3) Landau Associates
Anthor^zation
Approval for adding the additional services described above can beauthorized bvsigning 1hemttached
authorization form, or by the Cit« m preferred method. An email authorization to proceed is
acceptable.
Foro^ect, "Staff
LA|staff for this project will include Piper Roe|en,PE, Principal Engineer, vxhowiUbe1hm Project
Manager responsible for day-to-day management of the project. Piper will be supported by other
engineers and field staff familiar with the site and/or with the appropriate experience to execute the
proposed scope ofservices.
Thank you for giving LAI the opportunity to provide this request for modifying the contracted scope of
services. VVelook forward toworking with the City team onthis project. PleasegiveusacaUifyou
have any questions regarding this proposal.
LANDAU ASSOCIATES, INC.
PioerRma|en,PE
Principal
PM |
p*C�_Y»/mA\mz*uumx/m^o*mNSTRo"ERosmv^mmmLFmcoNSTOVERSIGHT ,xOPvSAuCOwm«CTsUP,w3-oo20z oOCx
Attachments: Exhibit 8—Professional Fees
Yakima Roadway Project — Interim Action Construction Oversight for Roadway Waste Removal
Revised Scope of Services (Change Order No. 3) Landau Associates
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
For
7y\
Signature* Printed
Firm*
it ((1 IP :�Q-G
Date
*Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing.
Request for Scope and Budget Revision (Change Order #3) — Roadway Project Interim Action
Construction Oversight for Roadway Waste Removal
Closed City of Yakima Landfill Site
Yakima, Washington
October 27, 2020 7
EXHIBIT B
Professional Fees
Project: City of Yakima - Landfill Roadway Construction Interim Action Plans and Specifications
J U4LUIlSUltd111.: Ldlludu H]]ULldle]
V II CI.t Jdldry t.WL (VJI.J.
Classification (b)
Principal*
Senior Associate
Associate
Senior
Senior Project
Project
Senior CAD/GIS Technician
Senior Staff
Staff/Senior Technician II
Data Specialist
CAD/GIS Technician
Project Coordinator
Assistant/Senior Technician I
Technician
Support Staff
JUULUIIDN11.0111. (uJ
Hours = Typical Rate (a) = Cost
91 X $72.79 $6,623.75
18 X $60.10 $1,081.80
10 X $54.86 $548.60
O X $43.27 $0.00
O X $43.27 $0.00
518 X $38.61 $19,999.98
0 X $40.75 $0.00
0 X $32.70 $0.00
0 X $36.50 $0.00
O X $35.10 $0.00
O X $39.00 $0.00
16 X $34.92 $558.72
O X $25.00 $0.00
0 X $21.00 $0.00
0 X $26.60 $0.00
Total Hours = 653 Total Direct Salary
Overhead Cost @ 212.63% of Direct Labor Cost (c) =
Fixed Fee @ 30% of Direct labor Cost =
Total Direct Labor =
Laboratory Analytical
Other Subconsultant
Subcontractor Markup (0%)
I�CIIII4NI�quIeb (uf
1 ravel txpenses test. ;miles (
$0.575/mile IRS)
Per Diem (WSUU 1 Kates -
Yakima)
$28,812.85
$61,264.77
$8,643.86
$98,721.48
$10,000.00
$0.00
$0.00
Total Subcontractor/Subconsultant Cost = $10,000.00
9920 X $0.575 $5,704.00
20 X $96.00 $1,920.00
Other Non -Labor Expenses (disposable equipment and supplies) $3,604.00
Total Reimbursables = $11,228.00
Subconsultant Total
Prepared By: Piper Roelen Date: 10/26/2020
_ $119,949.48
(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 6/30/19.
(diver terms of contract No. [ulb-1U9, subcontractor and reimbursable expenses Include a markup not to exceed 1Utu. ies
allowable mileage charges apply.
* Excludes CEO
EXHIBIT C
Schedule of Rates
Landau Associates, Inc.
Classification Hourly Rates
Principal $249.40
Senior Associate $205.92
Associate $187.97
Senior $148.26
Senior Project $148.26
Project $132.29
Senior CAD/GIS Analyst $139.62
Senior Staff $112.04
Staff $101.83
Data Specialist $120.26
Senior Technician II $125.06
Assistant/Senior Tech I $85.66
Technician $71.95
CAD $111.01
GIS Technician $133.63
Project Coordinator $119.65
Support Staff $91.14
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.1.
For Meeting of: November 17, 2020
ITEM TITLE: Resolution authorizing supplement 3 to contract 2016-109 with
Landau Associates for construction oversight and permits at the
Fair Avenue Extension Project
SUBMITTED BY: Joan Davenport, Community Development Director
SUMMARY EXPLANATION:
The City of Yakima desires to modify the scope of services provided by Landau Associates,
1 ncorporated (LAI) for the purpose of providing construction oversight and support services for
necessary permits associated with the I nterim Action Work Plan removal of municipal solid waste
(MSW) in the road corridor location of Bravo Company Boulevard.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Economic Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
G] resolution 11/9/2020
Contract Supplement 3 Agreement form 11/3/2020
0 Scope of Work, Supplement 3 from LAI 11/3/2020
Type
Goer Memo
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