HomeMy WebLinkAbout06/07/2016 05H Landfill Gas Evaluation Agreement with Landau AssociatesBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 5.H.
For Meeting of: June 7, 2016
ITEM TITLE: Resolution authorizing an agreement with Landau Associates, not to
exceed $180,000, for wood debris and landfill gas evaluation on the
proposed alignment of Bravo Company Boulevard and the East -West
Corridor
SUBMITTED BY: Brett Sheffield, Chief Engineer— 509 - 576 -6797
SUMMARY EXPLANATION:
The redevelopment of the Cascade Mill Site is an Economic Development priority of the City
Council. Since 2011, the City has been working with consultants and Yakima County to determine the
most feasible locations for roadways to access the former Cascade Mill Site. Recently, the preferred
alignments for the north -south roadway (Bravo Company Boulevard) and the East -West Corridor
(which will connect northern Yakima with Terrace Heights) have been determined.
This proposed professional services agreement provides for the investigation and evaluation of the
existing wood debris and landfill gas along these proposed roadway alignments. The professional
services of this contract are eligible expenses that have been, and will continue to be, reimbursed by
the LIFT funding since the City of Yakima initiated the Sales and Use Tax process of the LIFT (the
"Pay -Go Period ") on April 19, 2011, by adopting Resolution 2011 -17.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL: Interim City Manager
STAFF RECOMMENDATION:
Adopt resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
Resolution 5/3112016 Go Mem
Agreement Landau 5/31/2016 Ccoer Merno
RESOLUTION NO. 2016 -
A RESOLUTION authorizing the City Manager to execute a Professional Services
Agreement with Landau Associates, not to exceed $180,000, for wood
debris and landfill gas evaluation on the proposed alignment of Bravo
Company Boulevard and the East -West Corridor.
WHEREAS, the Yakima City Council has established that redevelopment of the former
Boise Cascade Mill (known as the Cascade Mill Redevelopment Project site) is an economic
development priority; and,
WHEREAS, on April 19, 2011, the City of Yakima approved the Yakima State - shared
Sales and Use Tax as authorized under RCW 82.14.475 to initiate the 5 -year "pay -go" period of
the Local Infrastructure Financing Tool (LIFT). Project construction and /or bonding must occur
within that 5 -year period; and
WHEREAS, the City of Yakima is a partner in the redevelopment project with Yakima
County, the Washington State Department of Transportation, Federal Highway Administration,
the Yakima Valley Conference of Governments, New Vision and private land owners. The
overall redevelopment project includes complex tasks and an array of technical components;
and,
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project which by
necessity has expanded to accommodate the complexity of the redevelopment project, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services Agreement
with Landau Associates, attached hereto and incorporated herein by this reference not to
exceed One Hundred Eighty Thousand Dollars ($180,000) to provide the professional services
as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of June, 2016.
Avina Gutierrez, Mayor
ATTEST:
Sonya Claar -Tee, City Clerk
For City of Yakima Use Only,
Contract No—
Project No
Resolution No.-
SOQ No.
• YAKIMA, WASHINGTON
AND
VITIVCTR*V�
rowrom 0=0 503=463111
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
AN-611 WV- W- I- "-,-# 0- "-N- "-- NAMA "-- AN
TECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
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 thos�-'
services specifically set forth herein.
E.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assigFv,-
Dave Pischer as Principal-in-Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
0 M.
CITY
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 accordingly.
222 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the hourly rates set forth in Exhibit C, 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 da'I
of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
possession relating tothe 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 byan authorized regulatory agency.
Page 2
5.1.1.1 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 reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may bg
adjusted on a yearly basis.
~
That air travel shall be by coach olaae, and shall be used only when
absolutely necessary.
5.1.2 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.
5.1.3 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.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on t
unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month
the maximum interest rate permitted by law, whichever is less; provided, however, that no intere
shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice
dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RC
39.76.020(4). 1
�4� 111�6�0
1.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, repor,"
and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINE
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and t
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
construed to operate as a waiver of any rights under this Agreement or at law or any cause of act'
arising out of the performance of this Agreement.
Page 4
dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from 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
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost,
or expense shall be shared between the ENGINEER and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed 10 create o liability
or a right of indemnification in any third party.
Page 5
Ill"TIRM I ipij I igiij:11:111 W�
7.2 Not later than the tenth (10) day of each calendar month during the performance 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 request of the CITY
for presentation to other governmental agencies and/or to the public.
8.3 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.
�Ml IM I AN P 11011-2-- 11 LIF R7-M P RM P i Me 1 #1 Rome I I Ir-P-3; Im go pla I Le M 11 a RNM 154 ir-M
9.3 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 written
comments, if any, of the ENGINEER.
Page 6
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract 11
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be rei
9.8 All records relating to ENGINEER'S services under this Agreement must be made available to the
CITY, and the records relating to the WORK and PROJECT are CITY 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
State Secretary of State's records retention schedule,
9.9 The terms of this section shall survive any expiration or termination of this Agreement.
10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall
provide and maintain in force insurance in limits no less than that stated below, as applicable. The
City reserves the rights to require higher limits should it deem it necessary in the best interest of
the public.
A I - - -a 0 -
RNMEMMMOMMINAMIMMME Iffe]NIFUMMI - a - - 0 0 0 0
Page 7
LOW I M1 M tol K 1 WN 1(611 Its] $I I DA I to-1
HF.1no U1111110, 011flar IMA1711
lail I 11-2 11 PEKE-14 I I I I t--I*m Ian 4 1 r-A 01*11
40Two Million Dollars (�2,UUU,000.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply to "Any Auto" and be shown on thz
certificate.
0 A 0 Igo = -0
11 Ifill"T ^ NOW laff�* �1#*
M sw 11 1 -
iiisimeii-alliqo MIM111110
11r F I I L; [ 11151,111111 0 , - 0 -
5arflt� Fidt 5t�(;LIUII U1 U115 k-,U11UdU, Z)eCllon 1 J7
,77
"Commercial General Liability Insurance".
10.1.1 Statutory workers' compensation and employer's liability insurance as required by state
law.
10 e No o al Insureas to report a Mcn insurance
shall not prejudice the rights of the CITY, its 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.
ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
I
SECTION 17 TERMINATION OF WORK
17.1 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.
Page 9
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate thi:tA e e
'r m
for its convenience, in whole or in part, provided the ENGINEER is given, (1) not le& than �fifte
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent
terminate; and (2) an opportunity for consultation with CITY before termination.
Page 10
19.1 Any notice required to be given under the terms of this Agreement shall be directed to t e art
the address set forth below. Notice shall be considered issued and effective upon rece�iptptlhere
by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place
business set forth below, whichever is earlier, I
CITY, City ofYakima
12QN. 2nd Street
Yakima, VVA98&O1
Attn: Brett Sheffield
ENGINEER Landau Associates
130 2nd Avenue South
Edmonds, WA 98020
Attn: Jeffrey Fellows
COPY TO: City ofYakima
12QN. 2nd Street
Yakima, WA 98901
Attn: City Manager
The foregoing sections of this Agreement, inclusive, shall survive the expiration or termination ofthis
Agreement in accordance with their terms.
Jeff Cutter
Printed Name: Jeff Cutter
Title: Interim City Manager
Attest
City Clerk
City Contract No, 2016-
Resolution No. R-2016-
���
Signature
Printed Name:
STATE OF WASHINGTON
)ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that is the person who appear-9-9
before me, and said person acknowledged that he signed this instrument, on oath stated that he w
authorized to execute the instrument, and acknowledged it as the CITY MANAGER of the CITY
YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in t
instrument. I
Dated"
§ 7-74 TA M M. IN me
Title
Printed Name
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:
(Signature)
Title
Printed Name
My commission expires:
Page 13
The scope of services and associated cost estimate outlined below addresses the anticipated
level of effort for initial investigations and data evaluation to support the City and Lochner/HLA
team with the design for the planned transportation corridor.
The proposed scope of services includes:
Surveying and staking the planned transportation corridor alignment based on the
information proved by the Lochner/HLA team in March 2016 (see Figure 1).
Conducting test pit investigations to evaluate and document the lateral and vertical extent,
occurrence, and physical characteristics of the wood debris present along the proposed
roadway alignments.
0 Evaluating the quality of the wood debris encountered for reuse/resale potential (e.g., fuel,
mulch, etc.)
0 Installing additional ILFG monitoring probes, conducting LFG probe monitoring (including
monitoring at the new and a selected number of existing LFG probe locations), and modeling
LFG production to inform design and permitting requirements.
Coordinating with the City and the Lochner/HLA team regarding the design for a stab
roadway subgrade and necessary LFG control measures for the planned transportati
corridor. I
Page 14
of each staked location to facilitate comparison of ground elevations associated with pasl
explorations within/near the roadway corridor with the elevations of the proposed 201re
Toxicity Characteristic Leaching Procedure (TCLP) Resource Conservation and Recovery Act
(RCRA) 8 metals - U.S. Environmental Protection Agency [EPA] Method 601OC/7470A,
0 High Heat British thermal unit (BTU) Value (BTU/pound [lb]) - Method ASTM Internation
[ASTM] D2015', and i
� Northwest Total Petroleum Hydrocarbon-Diesel extended range (NWTPH-Dx) Method with
silica gel cleanup
zRepresentatives of the Lochner/*LA team may also participate during the course uf subsurface exploration activities.
Scope of work and estimated costs for that secondary oversight it not considered as part of this proposal language.
' The five sample with the highest BTU value results will also be analyzed for total chlorine, which is require to interpret
potential of reuse of wood debris axa fuel resource.
General Assumptions for Level of Effort and Associated Costs to Support Task 3:
* LAI assumes that access to the Site will be coordinated by City representatives.
The scope of services and associated estimated costs for this wood debris investigation are
based on the following assumptions:
— An initial 2-day site visit will be conducted by one LAI staff member to identify plann
exploration locations and coordinate initial utility locate services. This 2-day site visit
will also include the pre-investigation evaluation to support Task 4. 1
Note that potential Method NWTPH-Dx results will likely be qualified based on the potential ||ike|ihoodofimederenas
from wood debris materials,
Page 16
.III
a � - I Ift'OMMMOMM 0=0 IMMM;
The scope of services and associated estimated costs for this 2016 investigation are based on
the following assumptions:
— Drilling and LFG probe installation will require approximately 5 days in the field, and 1
additional day will be spent during that mobilization for the initial round of
monitoring.
probes in the network, if necessary.
MM-1
Rates for analytical laboratory testing are based on the rate schedule provided by
Atmospheric Analysis & Consulting, the analytical laboratory in Ventura, California
identified to support this investigation. Estimated LFG analytical costs are $5,960.
Analytical costs assume 10-day standard turnaround time and $500 is estimated for
required sample shipment costs.
pill !1111 !11
Deliverable(s):
Client review draft and final technical memoranda, with appropriate data summary tables and
pro Lj C31 I U LU
.tr Meetin I III= %-I
at Lochner's offices in Bellevue, including one pre-investigation meeting and one post-
investigation meeting.
Additionally, two LAI professionals will attend two 2-hour meetings with the City team and
others, as appropriate, with one meeting held at the City offices in Yakima and second
meeting held via conference call/teleconference.
9�
Coordination with Site owners, tenant, and the City
Early June 2016 and ongoing, as necessary
for access for the investigation activities.
PLSA Roadway Alignment Survey
Mid-June 2016
Initial Site Visit
• Exploration location identification
• Private utility locating
Mid-June 2016
• Marking of exploration locations based on site
conditions and utility locating
Wood Debris Investigation
• Public utility locating
June-early July 2016
• Test Pit excavations and sampling
Soil Vapor/LFG Investigation
June-early July 2016
Gas Probe Installation
Gas Probe Surveys
Early July 2016
PLSA Exploration Location Survey
Early July 2016
Investigation Data Evaluation and Reporting
Data validation
August 2016
• Technical memoranda preparation
Hourl Overhead Fee
Landau Labor Total: $117,196.46
Subconsultants
y
@
@
Billing
$2,500.00
Laboratory Testing Subconsultant
Classification
Rate
204.07%
30%
Rate
Hours
Cost
Principal
78.03
159.24
23.41
260.68
49
$12,773.32
Senior Associate
60.53
123.52
18.16
202.21
145
$29,320.45
Associated
45.87
93.61
13.76
153.24
89
$13,638.36
Senior
44.71
91.24
13.41
149.36
0
$0.00
Senior Project
40.24
8112
12.07
134.43
46
$6,183.79
Project
32.21
6533
9.66
107.60
324
$34,862.40
Senior Staff
31.25
63.77
9.38
104.40
12
$1,252.80
Senior Technician 11
33.84
69.06
10.15
113.05
0
$mo
Staff
27.21
55.53
8.16
90.90
40
$3,636.00
Assistant/Senior Technician -1
20.50
41.83
6.15
68.48
0
$0.00
Project Coordinator
32.97
67.28
9.89
110.14
67
$7,379.38
/IS Technician
33.08
67,51
9.92
110.51
61
$6,741.11
Technician
19.25
39.28
5.78
64.31
0
$0.00
Support Staff
23.43
47.81
7.03
78.27
18
$1,408.86
Landau Labor Total: $117,196.46
Subconsultants
Survey Subconsultant
$6,800.00
Utility Locate Subconsultant
$2,500.00
Laboratory Testing Subconsultant
$12,690.00
Drilling Subconsultatn
$23,600.00
Excavator Subconsultant
$7,000.00
Subconsultant Total: $52,590.00
Direct Cost
Travel
$3,181.40
Shipping
$1,000.00
Equipment, etc.
$5,379.00
Waste Disposal
$525.00
Direct Cost Total: $10,085.40
Total: $179,871.86
Classification
Hourly Rate
Principal
$260.68
Senior Associate
$202.21
Associate
$153.24
Senior
$149.36
Senior Project
$134.43
Project
$107.60
Senior Staff
$104.40
Senior Technician 11
$113.05
Staff
$90.90
Assistant/Senior Technician 1
$68.48
Project Coordinator
$110.14
CAD/GIS Technician
$110.51
Technician
$64.31
Support Staff
$78.27
Page 23