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HomeMy WebLinkAboutR-2023-059 Resolution authorizing Supplement 5 to the Professional Services Agreement with Landau Associates, Inc. for construction oversight of the Bravo Co. Blvd Utilities Project AF2337RESOLUTION NO. R-2023-059 A RESOLUTION authorizing Supplement 5 to the Professional Services Agreement with Landau Associates, Inc. (LAI) to conduct additional tasks in the construction oversight of the Bravo Company Blvd Underground Utilities Project AF2337. 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 previously entered into a contract with LAI in 2016 (Contract 2016-109) to prepare the Department of Ecology Agreed Order and Interim Action Work Plan, and WHEREAS, LAI has completed the work for Supplements 2, 3, and 4, but there remains work to be done on the utility infrastructure on Bravo Company Boulevard which LAI has the capacity to do on behalf of the City and under the contract terms and conditions; and WHEREAS, the Scope of Services for Supplement 5 includes additional construction support and oversight for the interim action on the Bravo Company Blvd Underground Utilities project; and WHEREAS, WHEREAS, the City has $4,000,000 of ARPA funds available for water and sewer infrastructure investments which can be applied to this project and LAI's costs associated with the work; and WHEREAS, LAI is currently providing similar duties under this contract and have the required knowledge and experience to complete the work as described in the amount of $109,700, and WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of the City and its residents to enter into Contract Supplement 5 of the Professional Services Agreement with Landau Associates, Inc. for tasks associated with construction oversight of the Bravo Co Boulevard Underground Utilities project; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute Contract Supplement 5 of the Professional Services Agreement with Landau Associates, Inc. (LAI) attached hereto and incorporated herein by this reference not to exceed One Hundred Nine Thousand and Seven Hundred Dollars ($109,700.00) to provide the Professional Services as described in the tasks of the Agreement. ADOPTED BY THE CITY COUNCIL this 18th day of April, 2023. etA Janice Decao, Mayor ATTEST: Sonya taar Tee, City Clerk ITEM TITLE: SUBMITTED BY: ,0 1k, Ptt BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.L. For Meeting of: April 18, 2023 Resolution authorizing Supplement 5 to the Professional Services Agreement with Landau Associates, Inc. for construction oversight of the Bravo Co. Blvd Utilities Project AF2337 Scott Schafer, Public Works Director * Bill Preston, City Engineer (509) 575-6754 SUMMARY EXPLANATION: The City of Yakima desires to modify the scope of services provided by Landau Associates, Inc. for the purpose of providing construction oversight and project management services associated with the Bravo Co Blvd Underground Utilities project. Landau Associates, Inc. is currently providing similar duties under this agreement and has the required knowledge and experience to complete the work as described. The scope of work includes construction support and oversight for the interim action installation of underground utilities within the roadway project right-of-way/construction easement. Specifically, project management and meetings, water and sewer pipe installation, and related construction. Landau Associates, Inc. will also continue to provide technical support and advisory services to the City related to environmental issues that may arise during construction and interim action implementation, and associated communications and planning with the Washington State Department of Ecology. The additional activities are to be funded out of ARPA funds. Enclosed for City Council review is Supplement 5 in an amount not to exceed $109,700. ITEM BUDGETED: Yes STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution 2 ATTACH TS: escription D Resolution D Contract 3/28/2023 3/21/2023 Type Resolution Contract Contract Supplemental Agreement Supplemental Agreement Number: 5 Original Contract Number: 2016-109 City Engineering Project Number: TBD Project Title: Bravo Co Blvd Utilities Maximum Total Amount Payable for the Agreement: Organization and Address: Landau Associates, Inc. 130 2nd Ave S Edmonds, WA 98020 Execution Date of Supplement: April 18, 2023 Completion Date of Supplement: December 31, 2024 Maximum Amount Payable this Supplement: $109,700 $644,700 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract a reernent entered into with Landau Associates, Inc. a • executed on April 18, 2023 by Resolution No. ikh, • — 5 and identified as Contract j Il 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 See attached Exhibit A - Scope and Budget Proposal: East-West Corridor/Bravo Co. Boulevard Roadway Project Environmental and Construction Support Services Closed City of Yakima Landfill Yakima, Washington Section 5: Compensation Payment for this supplemented work will, as shown on Exhibit A is not to exceed $109,700, bringing the total amount of the Agreement to $644,700 Section 7: Project Schedule and Budget 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. L ci - ? Q v` i-1 Ss PC CO - Consultant Signature CITY CONTRACT: RESOLUTION NO* City Manager Cf�l, Date AS&C)C|ATES March D0,ZU23 Transmitted via email to: City ofYakima Engineering Department 1Z9North ZndStreet Yakima, WA 98901 Attn: Mr. Bill Preston, City Engineer Re: Scope and Budget Proposal: East-West Corridor/Bravo Co.@ou|evardRoadwoyProje:t Environmental and Construction Support Services Closed City mfYakima Landfill Yakima, Washington Dear Mr. Preston, Landau Associates, Inc. (Landau) is pleased to submit this scope and budget proposal to the City of Yakima (City) to provide environmental and construction support services related to the Bravo Company Boulevard and East-West Corridor roadway project (roadway project) through the Closed City of Yakima Landfill Cleanup Site (Landfill Site) and Boise Cascade Mill Site (Mill Site) in Yakima, Washington. As you are aware, the City has entered into an Agreed Order (AO; No. D[ 15861) with the Washington State Department ofEcology (Ecu|ogy)tocomplete the Model ToxicsControl Act (MT[A)' re|ateddeanupactiunsattheLandMU3ite.A|sn,unde,theAO,Eco|oQyhasauthorizedcomp|etionof the roadway project through the Landfill Site and Mill Site through approval of an Interim Action (IA) Work Plan (Landau 2019). Landau has previously provided support for City -directed municipal solid waste (MSW) and wood debris removal activities within the roadway project right-of-way (ROW)/construction easement. This letter describes the proposed services and estimated budget for Landau to provide additional environmental, regulatory, and construction support services for the next phase of roadway project construction, primarily pertaining to the planning and installation of sewer and water infrastructure inthe ROW across the Landfill Site and Mill Site. As described below, Landau will assist the City with communications and coordination with Ecology related to the planned roadway project work; prepare an addendum to the IA Work Plan or other applicable submittal to Ecology; assist the City and its civil engineering consultant with the environmental elements of the project design, specifications, and bid documents; and provide construction observation and/or oversight related to the environmentally related elements of the project (e.g., excavation, management, and disposal of contaminated media that may be encountered during construction). The following summarizes scope of services included in this proposal. Yakima Roadway Project —Environmental and Construction Support Proposal March 10, 2023 Task 1: Project Management, Administration, and Meetings This task includes typical project management activities such as project setup, contracting with subcunsu|tants and subcontractors (if needed), invoicing, budget tracking, and internal coordination activities. This task also includes coordination and communication with the City, the City's civil engineering consultant, the City's selected contractor, and Ecology (or other regulatory agencies, as needed) during planning and construction implementation. The budget for this task assumes that project management will occur for a duration ofupto 12 months for this phase of roadway project construction planning and implementation. The budget also assumes participation in up to three meetings in Yakima with the City, Ecology, and/or other project stakeholders (up 8 hours each including meeting, travel, and preparation time) for two individuals (project manager and field engineer/geologist/technician). Additionally, the budget assumes Landau's participation in weekly teleconference status meetings (I hour each) attended by the project manager o/ appropriate task manager, for the duration ofconstruction (assumed tobeupto3months). Task 2: Interim Action Work Plan Addendum Landau will prepare an addendum to the IA Work Plan (or other applicable or equivalent submittal) to provide Ecology with notification and documentation of the planned roadway project construction activities, including the removal, management, and disposal of known contaminated media (identified in the Mill Site remedial investigation report [Barr 20211) and management of wood debris that is expected to be encountered during the installation of the roadway utilities, and the management of methane risks during construction to mitigate potential explosive gas hazards and protect worker and public health and safety. The IA Work Plan addendum will provide Ecology with necessary and required information in compliance with MTCA regulations, and supplement (as necessary) the excavated materials management plan (EMMP) and sampling and analysis plan (SAP) in the 1A Work Plan (Appendices C and D of the IA Work Plan, respectively) for the contractor if unexpected contamination \sencountered during construction. The |AWork Plan Addendum will include adescription of: ° Planned roadway project construction activities (i.e,location/alignment ofplanned utility corridors, estimated volumes of soil removal/backfilling, construction methods). w Location and summary of known contaminated soil and wood debris anticipated to be encountered during construction. ~ Management/disposal procedures for excavation, stockpiling, loading, hauling, and disposal of contaminated soil and excavated wood debris during roadway construction activities. • Contingency procedures for responding to unexpected areas of contamination encountered in the roadway project utility excavations, including sampling, analysis, characterization, and management of the contaminated media (addendum to EMMP and/or SAP, as necessary). An initial draft of the 1A Work Plan Addendum will be submitted for the City's review. Upon receipt of the [it\/s written comments, Landau will prepare an agency -review draft for Ecology's review. Upon receipt of Ecology's comments, Landau will discuss the comments with the City, address the Yakima Roadway Project —Environmental and Construction Support Proposal comments asappropriate, and prepare ofinal version for submittal tuthe City and Ecology. The budget for this task assumes that City and Ecology comments will be minimal and require no more than 8 hours to address each set of comments (text, figures, tables, document quality assurance/quality control/production) and prepare the subsequent versions of the work plan. Task 3: ~v'U ~~onsuUtan*y 0 � � 0 ocu ent u 0 , ort Landau will provide as -needed support tothe Cit/scivil consultant (HVVLochner) related tothe environmental aspects of the project design, specifications, and/or bid documents for construction of the roadway project utility corridors. This may include: • Preparation of plan view and/or cross sections of the roadway alignment including estimated areas where contaminated soil and wood debris may be encountered during utility installation. • Preparation of individual sections of the technical specifications related to management of contaminated media and wood debris and/or applicable environmental health and safety related tumanagement ofcontaminated soil and methane. • Preparation of text or sections of the construction bid documents related to the presence and/or management ofcontaminated soil and methane. Landau will work directly with HW Lochner to determine the specific needs for the project planning and bid documents. The budget for this task assumes that Landau may prepare: Uptothree plan sheets for inclusion inthe master plan set: 1. Plan view sheet showing the locations of soil contamination and wood debris in roadway Z. Cross section sheet showing location and depth of soil contamination and wood debris in roadway ROW; and 3. Miscellaneous details sheet. Uptothree separate sections for the special provisions sections for inclusion in the master technical specifications: 1. Environmental Health and Safety (Contaminated Soil and Methane) section; 2. Solid Waste (Contaminated Soil) and Wood Debris Removal section; and 3. Hazardous Materials Management section. m Miscellaneous text, details, and descriptions related to environmental issues needed for the bid documents. Up to three versions of each of the above items may be prepared (e.0, 60 percent' 90 percent' out -to - bid), Task A enera8 onstKuct^on/ ontractoK 0 " ort Landau will provide as -needed support to the Contractor related to removal of the contaminated soil and wood debris, and implementation of the EK4MP(Appendix [tnthe |AWork P|an),asamended by the |AWork Plan Amendment, This support includes the following: Yakima Roadway Project —Environmental and Construction Support Proposal xxarch10, 2023 Reviewing the following required Contractor submittals: — Health and Safety Plan Construction Sequencing Plan/Schedule Responding toContractor requests for information (KF|s)related to: Health and safety or other issues related to the management or disposal of contaminated soil and wood debris Implementation of the EIVIMP — Regulatory requirements applicable to environmental issues and construction activities that are related tnthe |A(roadway construction). � Providing oversight of contaminate soil excavation and supporting implementation of the EIVIMP — Construction observation and oversight services related tothe excavation ufcontaminated soil and wood debris, asneeded — Field support, as needed, for the Contractor relating to implementation of applicable portions of the EIVIMP, including waste characterization for any unanticipated contamination discovered during construction and determination of waste management and disposal requirements. SSU t^ons This task assumes that the City, City's civil consultant, or others will provide support for submittal review and RF| response related togeneral construction -related tasks (civil designs, specifications, back0Uin#,etcland archaeological/cultural resources/natural resources services. These activities are not included in this proposed scope of services. This task also assumes that Landau will be onsite for up to 4 weeks in conjunction with excavation through known areas of contaminated soil to generally evaluate whether the Contractor is properly performing excavation, hauling, and disposal of the material; and up to 1 additional week if previously unidentified contamination, dangerous waste, or other dangerous materials/special wastes are encountered during construction. (tisassumed that utility installation and associated excavation will not come into contact with groundwater; therefore, characterization and management ufimpacted groundwater will not be necessary and is not included in Landau's scope of services, Specifically, Landau will: Observe and, as needed, screen materials being excavated from the ROW toevaluate appropriateness for transport-ation and disposal of the material to the designated disposal faci|ity(ies)selected/approved for the project. Provide guidance to City staff or City construction management representatives on how to execute the [IVIMP. � If necessary, provide field analytical testing and/or collect and submit samples for laboratory analysis to characterize materials that are identified as potentially hazardous or other special waste. Yakima Roadway Project —Environmental and Construction Support Proposal xxooh 10,2023 0 If necessary, direct the Contractor on how tosegregate, manage, transport, and dispose of wastes not suitable to be disposed at the designated Subtitle D disposal facility for the project. 0 Landau's site visits will either be on a specified/scheduled days or weeks as agreed to between Landau, the City, the City's representative, and the Contractor; or on an on -call basis. For on -call services, Landau will be onsite or available to be onsite within 48 hours (during normal business days) to execute the SAP (Appendix D to the IA Work Plan) as needed or to assist the Contractor with implementation of the EW1yNP. 0 When onsite, Landau will bring appropriate monitoring equipment for screening of solid materials and/or laboratory sampling containers needed to sample, identify, and analyze the materials to determine appropriate management and disposal requirements. The City will be responsible for providing its own equipment for such screening activities when Landau is not unsite. = The proposed budget for this task is based on the proposed time onsite indicated above and a budget of up to $5,000 for laboratory analytical services. The laboratory budget is not based on any specific number of samples or analytes (which will be determined based on Landau's professional judgement); it is only an allowance to allow Landau to be responsive to the needs of the project. This budget will need to be adjusted if the allowance is exceeded. w 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 City (or City's representative) and is not included in Landau'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 requests additional oversight tasks and time onsite, Landau will provide an estimate of the additional time and cost necessary tocomplete 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. ZU16'1OQbetween Landau and the City. The schedule for performance of this work is dependent on the overall roadway project construction schedule (not yet determine6/avai|ab|e). While this schedule is outside of Landau's direct control, Landau will work with the City, City's representative, and Contractor to identify and meet construction milestones and deadlines. The estimated cosLforthesemicesout|inedinthisppoposa|wmsdeve|opedunncost-p|u*fixe6-fee basis consistent with the Local Agency Guidelines (LAG) Manual prepared by the Washington State Department of Transportation using Landau's most recent audited overhead rates. Accordingly, we propose to update the compensation schedule included in Contract No. 2016-109 (i.e., update Exhibit 8 —Professiuna| Fees and Exhibit [—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. Yakima Roadway Project —Environmental and Construction Support Proposal March 10, 2023 Task Task 1. Project Management, Administration, and Task 2. Interim Action Work Plan Addendum Task 3. Civil Consultant/Bid Document Support Task 4. General Construction/Contractor Support Estimated Total Cost Estimated Budget ,900 $8,900 $15,000 $63,900 $109,700 As noted above, Landau's 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 Landau billing category calculated using our proposed contract rates. 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, 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. ut orization Approval for adding the additional services described above can be authorized by signing the attached authorization form, or by the City's preferred method. An email authorization to proceed is acceptable. roject taff Landau staff for this project will include Piper Roelen, PE, Principal Engineer, who will be the 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 of services. 6 landauinc.com Yakima Roadway Project -Environmental and Construction Support Proposal Thank you for giving Landau the opportunity to provide this proposal for the contracted scope of services. We look forward to working with the City team on this project. Please give us a call if you have any questions regarding this proposal. LANDAU ASSOCIATES, INC. - --- --- '- nwn/SnoN| au23-0yzo (X:\C YAKINIA\2023-03YA,�N/A,F ROADWAY CON STR SU 'FOR I \YA<1 VA,_, ROADWAYCONS, RS1, 11PO H I PRO, 1_03 0,'G)3fXhX Attachments: ExhibbB-[onoukantProfessional Fees Exhibb[-Schedu|eofRatps References Barr. 2021. Revised Draft Remedial Investigation Report, Yakima Mill Site (aka Boise Cascade Mill Site). Barr Engineering. November 15. Landau. 2019. Final (Revision 1), Interim Action Work Plan - Roadway Project, Closed City of Yakima Landfill Site, Yakima, Washington. Landau Associates, Inc. July 29. 7 |and*uinczom Yakima Roadway Project —Environmental and Construction Support Proposal A� � U " U " The scope of services and contractual conditions as described in this proposal and its attachments are accepted and Landau Associates, Inc. isauthorized toproceed. By For Signature* *Name of person with contractual authority and firm responsible for payment of Landau Associates, Inc. billing. Scope and Budget Proposal: mst-westmmum/ m.o Co. Boulevard Roadway po4e* Environmental and Construction Support Services Closed City orYakima Landfill, Yakima, Washington Exhibit B Consultant Professional Fees - Summary Sheet Landau Associates, Inc. Project: City of Yakima - East-West Corridor/Bravo Co. Blvd Roadway Project Support Subconsultant: Landau Associates Direct Salary Cost (DSC): passification (131 Hours = Tveleal Rate (a) = Cost Principal* 65 X $85.34 $5,546.78 Senior Associate 0 X $67.31 $0.00 Associate 0 X $58.90 $0.00 Senior 90 X $55.00 $4,950.00 Senior Project 75 X $49.28 $3,696.00 Project 0 X $44.48 $0.06 CAD Designer/GIS Technician 33 X $48.35 $1,595.55 Senior Staff 239 X $40.87 $9,767.93 Staff/Senior Technician II 0 X $0.00 $37.26 Data Specialist 8 X $36.30 $290.40 CAD Operator/GIS Technician 0 X $41.35 $0.00 Project Coordinator 8 X $39.50 $316.00 Assistant/Senior Technician I 0 X $28.00 $0.00 Technician Support Staff 12 X $23.50 $282.00 6 X $28.00 $168.00 Total Hours = 536 Total Direct Salary = $26,612.66 Overhead Cost @ 222.81% of Direct Labor Cost (c) = $59,295.66 Fixed Fee @ 30% of Direct labor Cost = $7,983.80 Total Direct Labor = $93,892.11 Subconsultants (d) Laboratory Analytical $5,000.00 Driller $0.00 Excavation Contractor $0.00 Other Subconsultant (Utility Locator, Surveyor) $0.00 Injection Material Vendors (Oxygen, ISCO/ORC) $0.00 Subcontractor Markup (10%) $500.00 Total Subcontractor/Subconsultant Cost = $5,500.00 Reimbursables (d) Travel Expenses (est. #miles @ $0.655/mile IRS) 4250 X $0.655 $2,783.75 Per Diem (WSDOT Rates - Yakima) 36 X $98.00 $3,528.00 Other Non -Labor Expenses (equipment and supplies) $3,988.25 Total Reimbursables Subconsultant Total $10,300.00 $109,692.11 Prepared By: Piper Roelen Date: 3/1/2023 (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 employees specific discipline for e.g., Senior Engineer, Senior Geologist, Senior Planner. (c) Per WSDOT analytical review of Landau Associatesfinancial statements for the year ended 6/30/19, (d)Per terms of Contract No. 2016-109, subcontractor and reimbursable expenses include a markup not to exceed 10%. IRS allowable mileage charges apply. • Excludes CEO EXHIBIT C Schedule of Rates Landau Associates, Inc. Classification Hourly Rates Principal $301.07 Senior Associate $237.48 Associate $207.81 Senior $194.05 Senior Project $173.86 Project $156.93 CAD Designer/GIS Analyst $170.58 Senior Staff $144.19 Staff $131.46 Data Specialist $128.07 Senior Technician II $130.72 Assistant/Senior Tech I $98.79 Technician $82.91 CAD Operator $128.78 GIS Technician $145.89 Project Coordinator $139.36 Support Staff $98.79