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HomeMy WebLinkAboutR-2016-072 Landfill Gas Evaluation Agreement with Landau AssociatesRESOLUTION NO. R-2016-072 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 une, 2.16. ATTEST Sonya Ig: ar Tee, City Cler For City of Yakima Use Only,: Contract No, .2/9/k -W9 Project No. Resolution Noe. -,20/ .10724 SOQ No. AGREEMENT BETWEEN CITY OF YAKIMA, WASHINGTON AND LANDAU ASSOCIATES FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this /O day of 3- GI1?- , 2016, 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, with its principal office at 130 2nd Avenue South, Edmonds, WA, 98020, hereinafter referred to as "ENGINEER"; said corporation and its principal engineers are licensed and registered to do business in the State of Washington, and will provide exploratory engineering services under this Agreement for determination of the extent and condition of the existing wood debris and landfill gas along the proposed alignments of Bravo Company Boulevard and the East-West Corridor, on behalf of the City of Yakima, Project No 2337, herein referred to as the "PROJECT " WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and 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, Dave Pischer 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 "Transportation Corridor Investigation Scope of Work" (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." Page 1 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 2.2.2 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 date 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 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 3.2 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. 3 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 for its profession 3 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 3 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 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 there from SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION 4 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 5 COMPENSATION 5 1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of SpecificHourly. Rates; attached hereto and incorporated herein by this reference. The estimated cost to perform this work, on a time spent basis, plus reimbursement for direct non -salary expenses is as shown in Exhibit B. Page 2 51 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 PROJECJT-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 51.1.1 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 51,2 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. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT shall not exceed One Hundred Eighty Thousand Dollars ($180,000) The ENGINEER will make 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. 5.3 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 period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary 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 required Page 3 5 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 (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is Tess, 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) 5.5 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 written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER 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. 5 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 ENGIN EER to satisfactorily perform the PROJECT WORK as required under this Agreement. SECTION 6 RESPONSIBILITY OF ENGINEER 6 1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, 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 and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations, and permits. 6.2 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. 6 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 will 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 employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom 6 4 INDEMNIFICATION: (a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected and appointed officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2) judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the -extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence Page 4 or willful misconduct of the Engineer, the Engineer shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the ENGINEER harmless from Toss, 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 PROJECT (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 to create a liability or a right of indemnification in any third party 6 5 ENGINEER'S Waiver of Employer's Immunity under Title 51 RCW ENGINEER intends that its indemnification, defense, and hold harmless obligations set forth above in Section (a) shall operate with full effect regardless of any provision to the contrary in Title 51 RCW, Washington's Industrial Insurance Act. Accordingly, to the extent necessary to fully satisfy the ENGINEER'S indemnification, defense, and hold harmless obligations set forth above in section A, ENGINEER specifically waives any immunity granted under Title 51 RCW, and specifically assumes all potential liability for actions brought by employees of the ENGINEER against the CITY and its elected and appointed officials, officers, employees, attorneys, agents, and volunteers The parties have mutually negotiated this waiver ENGINEER shall similarly 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, to comply with the terms of this paragraph, waive any immunity granted under Title 51 RCW, and assume all potential liability for actions brought their respective employees 6 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 compliance by contractors 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 contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability 6 7 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 and judgment in such investigations. 6 8 The provisions of Section 6 shall survive the expiration or termination of this Agreement. Page 5 SECTION 7 PROJECT SCHEDULE AND BUDGET 7 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 attachments. 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 performan:e 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 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. SECTION 8 REUSE OF DOCUMENTS 8 1 All internal WORK products of the ENGINEER are instruments or service 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 were caused by the ENGINEER's own negligent acts or omissions. 8 2 The ENGINEER agrees that ownership of any 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 vested in the CITY 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 SECTION 9 AUDIT AND ACCESS TO RECORDS 9 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. 9.2 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 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 9A The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for 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 reimbursed to the CITY 9 6 The records relating to the WORK shall at all times be subject to inspection by and with the approval of the CITY, bu the making of (or failure or delay in making) such inspection or approval shall not relieve ENGINEER of responsibility for the performance of 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 and PROJECT will be provided to the CITY upon the CITY'S request. 9 7 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 the final day of work on the PROJECT, whichever is later, or for a longer period if required by law or by the Washington State 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. 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. SECTION 10 INSURANCE 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 10 1 1 Commercial General Liability Insurance. Before this Contract 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 Two Million Dollars ($2,000,000 00) general 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 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. 10 1.2 Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, ENGINEERshall provide the City with a certificate of insurance as proof of Page 7 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 Contract, 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 Contract. 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 10 1 3. Statutory workers' compensation and employer's liability insurance as required by state law 10 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 Two Million Dollars ($2,000,000 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 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 SECTION 11 SUBCONTRACTS 11 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. 11.2 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. Page 8 11 3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 11 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 SECTION 12 ASSIGNMENT 12 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 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 13 INTEGRATION 13 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 14 JURISDICTION AND VENUE 14 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 and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of Washington SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15 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, and any other classification protected under federal, state, or local law 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 SECTION 16 SUSPENSION OF WORK 16 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 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 17 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 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 and for cure with the terminating party 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. 17 2 In addition to termination under subsection 17 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 termination 17 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. 17 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 17 5 Upon receipt of a termination notice under subsections 17 1 or 17.2 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. 17 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 17.7 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 17 4 of this Section 17 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 17 3 of this Section Page 10 SECTION 18 DISPUTE RESOLUTION 18 1 In the event that any dispute shall arise as to the interpretation 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 either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19 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 Brett Sheffield ENGINEER: Landau Associates 130 2nd Avenue South Edmonds, WA 98020 Attn Jeffrey Fellows SECTION 20 SURVIVAL COPY TO City of Yakima 129 N 2nd Street Yakima, WA 98901 Attn. City Manager 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 Jeff Cutt'r Printed Name Jeff Cutter Title Interim City Manager ztviw Signature Printed Name bAV A TSC( Title: ( I d.4 e- I F'Akl- Date: THE ( � ZO 1 (0 City Contract No. Resolution No Page 11 STATE ,OF WASHINGTON ) p ss COUNTY OF WAWA. ,106140rIA C 1 certify that I know or have satisfactory evidence that bA'✓e-- PiScli e✓'. :is the person who appeared before .me, and said person acknowledged that he signed this iinstrutent, ,on oath stated that ?e -le 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: f Seal or Stamp j 2016 CYNTHIA G. EASTERSON NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES FEBRUARY 9, 2019 (Signature) Title (4 - Printed Name My commission expires: Fel r 9., Zola Page 12 STATE OF WASHINGTON pss COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that 3-2.c{ ( 7/'er is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath, stated that he/she was au�/thorized to execute the instrument, and acknowledged it as the jffrj� C0-ft//V jr" of eiiy of 7!a ', Ina to be the free and voluntary act.of such party for the uses a purposes mentfoned in the instrument. Dated: /1 - /D ' 070//0 Seal or Stamp Notary Public State of Washington KAARRE ALLYN MY COMMISSION EXPIRES January 12, 2020 (Signature Title /V r t7 i<4 a. V' 1-1 Printed Name My commission expires: / /2 - 2 0.20 Page 13 EXHIBIT A Transportation Corridor Investigations Scope of Services The scope of services and associated cost estimate outlined below addresses tate 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 t• 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. • Evaluating the quality of the wood debris encountered for reuse/resale potential (e.g., fuel, mulch, etc.) ▪ Identifying the geotechnical implications of the presence of wood debris for the planned roadway project, and preliminary alternatives for subgrade preparation. • Installing additional LFG 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 stable roadway subgrade and necessary LFG control measures for the planned transportation corridor. The data collected during the proposed investigations will be used to develop preliminary geotechnical recommendations for the design for the roadway subgrade, to evaluate the volume of wood debris that could be excavated for processing/reuse or disposal, and to develop strategies for Tong -term mitigation of LFG, as warranted, and for worker safety during roadway construction. The scope of services is detailed in the six tasks below. Task 1: Scoping and Planning This task includes the level of effort for planning and coordination regarding implementation of the investigation program for the transportation corridor, including review of existing subsurface information along the planned roadway alignments, coordinating with the City Team to obtain access agreements for the various Site parcels that include the proposed alignments, obtaining and reviewing bids from and selecting subcontractors for the proposed investigations, and refining the scope of the investigations to address potential data gaps in coordination with the City and Lochner/HLA Teams, as appropriate Task 2: Roadway Alignment Survey A roadway alignment survey will be conducted by PLSA Engineering & Surveying (PLSA) to mark the locations of the roadway alignments to guide the field investigations The planned roadway corridor consists of an areas that is approximately 120 ft wide and approximately 5,300 ft long It is assumed that PSLA will have full access to the planned roadway corridor at the Site, and all surveying will be conducted using appropriate global positioning system (GPS) equipment and/or related survey equipment The centerline and edges of the proposed roadway alignments within the corridor will be staked in the field by PSLA at 100 -ft intervals to facilitate the subsurface exploration activities proposed in Tasks 3 and 4 PLSA will also survey the current ground surface elevation (i e , Z coordinates) Page 14 of each staked location to facilitate comparison of ground elevations associated with past explorations within/near the roadway corridor with the elevations of the proposed 2016 explorations Following implementation of field explorations, PLSA will also survey the location and elevation of each of the test pits and the LFG monitoring probes included as part of the exploration program. Task 3: Wood Debris Investigation An investigation will be conducted to evaluate the lateral and vertical extent of wood debris present along the planned roadway alignments, and to estimate wood debris volumes and provide recommendations/options for management of the wood debris that will be encountered as part of roadway construction The wood debris investigation will include a series of test pit excavations along the planned roadway alignments to observe and document the depth and types of wood debris encountered. Representative samples of the wood debris encountered will also be collected and analyzed at the ALS Environmental (ALS) analytical laboratory (Everett and/or Kelso, Washington) to help characterize the material for potential reuse and/or disposal. The previously prepared RI Work Plan for the closed City Landfill Site, which includes a site-specific Sampling and Analysis Plan (SAP), Quality Assurance Project Plan (QAPP), and Health and Safety Plan (HASP) developed to guide previous and ongoing data collection activities, will be reviewed and updated as needed to support this investigations outlined in this scope of services proposal Our proposed scope and cost estimate assumes that Ken Leingang Excavating, Inc , under subcontract to LAI, will provide an excavator and operator to advance test pit explorations at approximately 100 ft intervals (as feasible) along the planned roadway alignments Subsurface conditions exposed in the test pits will be observed and documented by an LAI field engineer or geologist.' The test pits will be excavated to a typical maximum depth of approximately 15 ft below ground surface (bgs) or to the bottom of the wood debris (if shallower than 15 ft bgs), and will be backfilled with the excavated materials However, if groundwater or MSW is encountered prior to reaching 15 ft bgs, the depth of groundwater or MSW will be noted and the test pit will be terminated and backfilled. The final test pit locations will be selected in the field based on the results of the public and private utility clearance surveys, access limitations, and the locations of previous subsurface explorations along/near the roadway alignments and remaining Site infrastructure (e.g., foundations, etc.). For cost estimating purposes, it is assumed that 5 days of test pit explorations will be conducted and that approximately 15 test pits can be completed per day Representative samples of the wood debris encountered in the test pits will be collected to document the various types of wood debris present along the planned roadway alignment and any associated contamination Selected samples will be analyzed at the ALS laboratory for one or more of the following: Toxicity Characteristic Leaching Procedure (TCLP) Resource Conservation and Recovery Act (RCRA) 8 metals - U.S. Environmental Protection Agency [EPA] Method 6010C/7470A, • High Heat British thermal unit (BTU) Value (BTU/pound [Ib]) - Method ASTM International [ASTM] D20152, and • Northwest Total Petroleum Hydrocarbon -Diesel extended range (NWTPH-Dx) Method with silica gel cleanup 1 Representatives of the Lochner/HLA team may also participate during the course of subsurface exploration activities. Scope of work and estimated costs for that secondary oversight it not considered as part of this proposal language. 2 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 as a fuel resource. Page 15 The sample analytical results will be used to evaluate potential reuse and/or disposal options for the wood debris that will be encountered during construction The need for NWTPH-Dx analysis will be based on visual or odor evidence of the potential presence of petroleum hydrocarbon contamination identified during the test pit excavations.3 For cost estimating purposes, it is assumed that 20 wood debris samples will be analyzed for TCLP RCRA 8 metals and High Heat BTU Value, and that 5 wood debris samples will be analyzed for petroleum hydrocarbons using Method NWTPH-Dx. The information collected on the lateral and vertical extent of the wood debris along the planned roadway alignments will be evaluated relative to the Lochner/HLA team's planned excavations for roadway subgrade improvement and utility installations to help estimate the wood debris volumes that will need to be managed as part of roadway construction. The information will also be used to develop initial recommendations and opinions on the quantity of wood debris that could be processed for beneficial reuse (e.g., fuel, mulch, etc) or that will need to be sent to appropriate facilities for disposal. The field observations and sampling results for the efforts outlined in Task 3 will also be used to support the LFG evaluation to be conducted under Task 4 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. 19 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 planned exploration locations and coordinate initial utility locate services. This 2 -day site visit will also include the pre -investigation evaluation to support Task 4. - The test pit investigation program will include conducting as many test pits as practicable during 5 days in the field. One LAI representative will support the test pit exploration, including sample collection. Each test pit will be backfilled with the excavated material. The final locations and total number of test pits excavated will be determined based on the field conditions encountered and coordination with the Lochner/HLA and City teams. - Rates for analytical laboratory testing are based on the rate schedule provided by ALS whose laboratories in Kelso and/or Everett, Washington will be utilized for the required sample analyses. The estimated wood debris analytical costs are $6,730, including the required quality control and archival samples (see below) Analytical costs assume 10 -day standard turnaround time and $500 is estimated for sample shipment costs. - Yakima County (2016) per diem rates have been utilized for cost estimating purposes. - No sampling of any MSW that may be encountered during the subsurface explorations is included in our scope of services or estimated costs. However, if potentially contaminated soil (above the MSW) is encountered during the subsurface explorations, soil samples may be collected at selected locations and archived at the ALS laboratory pending City authorization to conduct additional laboratory analysis (a $5/month/sample archival rate will be applied by the laboratory — the analytical costs noted above include a conservative assumption of up to 60 samples archived for 3 months). 3 Note that potential Method NWTPH-Dx results will likely be qualified based on the potential likelihood of interferences from wood debris materials. Page 16 Task 4: Landfill Gas Evaluation An evaluation of soil vapor conditions along the proposed roadway alignments is needed to support the design of necessary LFG mitigation elements, inform health and safety considerations during construction, and to support air permitting considerations This task will be accomplished by installing LFG monitoring probes along the roadway alignments, monitoring LFG conditions in selected existing and in the newly installed monitoring probes, and preparing a model of LFG generation The results of the investigation and modeling will be evaluated, and documented in a technical memorandum to support future design phases of the project. Based on our understanding of existing conditions, a passive ventilation system will likely be the preferred option to provide a natural ventilation pathway for LFG generated from the MSW and/or wood debris present in the subsurface Design of the ventilation system will require an estimate of the quantity of LFG anticipated Construction of the passive ventilation system will also require an evaluation of the anticipated emissions for comparison to threshold levels intended to protect air quality The activities described below will be conducted to develop the data required for these evaluations, and to document the results for later use in roadway design and construction Landfill Gas Monitoring Probe Installation Previous LFG investigations focused primarily on assessing conditions at the point of compliance for the closed City Landfill Site, which for regulatory purposes is the perimeter of the former landfill To collect the additional characterization data needed to support project design and planning for construction, this task includes installing 13 LFG monitoring probes along the proposed roadway alignments The spacing along the alignments will be approximately 400 ft between probes north of the railroad tracks, where no MSW is located and wood debris is anticipated to be less abundant, and approximately 250 ft between probes within the area of the former landfill. Five existing LFG probes that were installed as part of previous investigation activities are located within or proximal to the alignments and will be used to achieve the desired LFG probe spacing The proposed locations for the monitoring probes are presented on Figure 2 The final probe locations will be selected based on the conditions encountered in the field It is assumed for the purposes of this cost estimate that the LFG probes will be installed using a hollow -stem auger, in accordance with the installation procedures and materials of construction used for previous LFG probe installations at the Site As presented in the SAP (Appendix A of the RI Work Plan [Landau Associates 2014]), this includes the use of 1/2 -inch diameter PVC casing with a 1 -ft long, 0 030 -inch slot screen and a pea -gravel filter pack. The LFG probes are considered temporary installations, and will be completed with flush -mounted monuments encased in concrete, with an aboveground location marker, but no protective bollards will be installed around the monuments. Our cost estimate is based on a typical installation depth of 10 ft bgs The probes will be constructed by a licensed well driller and a field geologist or engineer will observe the drilling cuttings and prepare a boring and installation log at each location Drilling spoils will be placed into labeled drums and stored onsite, pending arrangement for offsite disposal at a Subtitle D solid debris disposal facility. The location and ground surface elevation of each new LFG probe will be surveyed by PLSA, as discussed in Task 2 Landfill Gas Monitoring Following probe installation, a survey of LFG conditions will be conducted by monitoring the LFG at each probe location using a Landtec GEM 5000 portable LFG analyzer. LFG monitoring at this time will include measuring and recording static pressure and the concentrations of methane, oxygen, carbon dioxide, and balance gases This survey of LFG conditions will occur at each of the newly installed LFG probes and at a selected subset of the existing LFG monitoring locations near the roadway corridor to provide reasonable areal coverage of the alignments. The subset of existing monitoring probes that will be used in this evaluation consists of GP -5, GP -11, GP -18, GP -19, and GP -28 Page 17 Subsequently, three additional monitoring events will be conducted to confirm LFG conditions, resulting in a total of four LFG monitoring events. At least 5 days will pass between each monitoring event, and each of the three final monitoring events will be conducted during a period when barometric pressure has been decreasing for at least 12 hours This frequency and timing is intended to capture reasonably worst-case conditions for use in design and air permitting evaluations (during decreasing barometric pressure trends) and provide a sufficient number of data points at each location to ensure conditions are reliably documented. Based on the results of the earlier monitoring events, additional probe locations may also be evaluated to fine-tune the understanding of Site conditions and support effective LFG modeling In addition to the data collected using the portable LFG analyzer, samples of LFG will be collected during the second and fourth monitoring events at the four LFG monitoring probe locations with the highest concentrations of methane (based on evaluation of the initial monitoring event results). The samples will be collected into certified -clean stainless steel Summa canisters for laboratory analysis for total reduced sulfur by ASTM D-5504, fixed gases (methane, carbon dioxide, carbon monoxide, oxygen, and nitrogen) by ASTM D-1945, non -methane volatile organic compounds (NMOCs) by EPA Method 25C, and volatile organic compounds (VOCs) by EPA Compendium Method TO -15. Landfill Gas Production Modeling LFG production will be estimated using modeling software [Landfill Gas Emissions Model (LandGEM)], developed by EPA. The EPA developed the modeling software to provide a consistent approach for landfill owners to estimate the rate of LFG production and evaluate potential emissions The model is commonly used to estimate LFG production for LFG control system design and to support air permitting LandGEM assumes a first -order decay to model the process of anaerobic decomposition of organic debris, which produces LFG The model inputs include the quantity of debris deposited during each year of operation However, because annual records of debris disposal quantities are not available, the total quantity of debris in place will be based on the thickness and extent of wood debris and MSW observed during past investigations and the test pit investigations described above The model will be based on an assumption that the debris was deposited equally throughout the known years of landfill operations. Separate estimates of LFG production from wood debris and MSW will be prepared, and the results will then be combined to estimate the total anticipated production Conducting individual modeling efforts for the wood debris and for the MSW will allow for the use of material -specific parameters, resulting in a more accurate model when the emissions data is combined The LFG production estimates will include consideration of the Clean Air Act (CAA) and the AP -42 (EPA 1995) emission factors for landfills to develop a range of potential production estimates. General Assumptions for Level of Effort and Associated Costs to Support Task 4: • LAI assumes that access to the Site will be coordinated by City representatives. • The scope of services and associated estimated costs for this 2016 investigation are based on the following assumptions: - The initial 2 -day day site visit noted under Task 3 (including necessary utility locating, etc.) will also include planning for the activities outlined under Task 4. - 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. — One LAI representative will be on site to for the LFG probe installation and monitoring efforts. Costs include $150 for materials to retrofit/upgrade damaged existing LFG probes in the network, if necessary. Page 18 - 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. - Yakima County (2016) per diem rates have been utilized for cost estimating purposes. Task 5: Data Management and Reporting The results of the wood debris investigation, including test pit logs and analytical results for the wood debris/soil samples, will be summarized in a technical memorandum The technical memorandum will also include preliminary geotechnical recommendations for the design for the roadway subgrade, an estimate of the lateral and vertical extent, volume, and type/quality of wood debris encountered along the roadway corridor, and initial recommendations/options for wood debris processing/reuse or disposal The LFG monitoring and modeling results, including LFG probe installation Togs, will also be documented in a technical memorandum The data will be tabulated to present concentrations of gases detected at each monitored location, and an estimate of emissions will be presented based on the measured concentrations and modeled LFG production rates. The laboratory analytical data will be reviewed in accordance with the QAPP to verify that the analytical results are reliable, defensible, and reproducible prior to the development of data summary tables and uploading to the project database. Once the data validation is completed, the analytical data will be presented in summary tables in the technical memoranda noted above for review and evaluation by the City and Lochner/HLA teams Deliverable(s): • Client review draft and final technical memoranda, with appropriate data summary tables and figures, findings, and recommendations resulting from the 2016 investigations. Task 6: Technical Support, Meetings, Communications, Management, and Administration LAI will provide technical support to the City and Lochner/HLA teams, as requested, regarding environmental and geotechnical considerations for design and construction of the planned roadway alignments at the Site To facilitate the tasks summarized above, we propose a series of meetings with the City and the Lochner/HLA teams to discuss the roadway design and our roadway corridor investigations. We propose that a meeting be held to coordinate activities prior to the start of our roadway corridor investigations, with a follow-up meeting held after the data from the investigations are evaluated and available for presentation and discussion LAI will also coordinate with the City team on the progress of the project as work proceeds, prepare monthly progress reports, prepare invoicing, and transmit correspondence. We will 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 Assumptions: • Two LAI professionals will attend two 2 -hour meetings with the City and Lochner/HLA teams 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. Page 19 Deliverable(s): • (Meeting summary notes Via erna!i!, including the identified action litems,'wull9 be prepared .and submitted to the City team to document the results sof each meeting. Estimated Schedule The estimated schedule for this scope ,of services iris 'outlined below„ based on LAI receiving .the City's notice to proceed by May 27, :2011'6 Activity , . '-1 r' • a." �E.r;;.;;2. , ' Coordination with Site owners, tenant, a.nd theCity iSchedu IEarilylune 20.16and ongoing, as necessary for access for the investigation activities. PISA Roadway Alignment Survey' Mid -June 2016 Initial Site Visit C (0 Exploration location identification Private utility locating • Marking of exploration locations based on site conditions and utility: locating (Mid -lune 2016 Wood Debris investigation • Public utility locating June -early July 2016 'e Soil Vapor/LFG Investigation June -early July 2016 Test Pit excavations and sampling Gas Probe Installation Gas Probe Surveys PLSA Exploration Location Survey Investigation Data Evaluation and Reporting • Data validation • Technical memoranda preparation Page 20 Early July 2016 Early July 2016 August 2016 Classification (EXHIBIT IB Professional Fees Wowrl iOuerihea:d (Fee @ @ !Billing Sate 20437% 30% Rae Hours Cost IPrriin iip*1 78203 159.24 23.41 260i58 49, $12.,773.32 508malate 60.53 13' : 57 18.16 7171 145 . $29.,320.45 .Assodiated 45.87 93.61 1336 153.24 .89. $13,638.36 Senior 4431 91.24 1141 149.36 0 5030 Senior Project 43.24 8712 12137 134.43 46 $5,183:78 Project 32.211 !65.73 9.66 137.60 324 $34,862.A1) ;Senior 31.25 6337 9.38 1c0440 12 $1,252.80 SenuiorTecifraoiiolaaa 9 3324 ;. .06 10.15 113.05 0 $0.00 Staff 27.21 55.'53 8.15 93.90 40 $3,536.00 Assistant/SeniorTechnician 1 20.50 41,83 6.15 68.48 0 50.00 Protect Coordinator 32.97 57.28 9.89 110.34 67 $7,379.38 CADIGi5 Technician 33.08 5751 9.92 110.51 61 $6;741.11 Technician 19.25 39.28 5.78 64.31 0 $0.00 Support Staff 23.43 4721 7.03 78.27 18 $1,408.86 Landau Labor Total: 5117,196.46 Subconsultants Survey Subconsultant $6,800.00 Utility Locate Subconsultant , 52,500.00 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 Page 21 EXHIBIT "C" SCHEDULE OF RATES 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 II $113 05 Staff $90.90 Assistant/Senior Technician I $68.48 Project Coordinator $110 14 CAD/GIS Technician $110.51 Technician $64 31 Support Staff $78.27 Page 23 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.H. For Meeting of: June 7, 2016 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 0 Resolution 5/31/2016 0 Agreement Landau 5/31/2016 Type Co\kr Memo Cover Memo Contract Supplemental Agreement Supplemental Agreement Number: 2 Original Contract Number: 2016-109 City Engineering Project Number: 2337 Project Title: Cascade Mill Redevelopment — Fair Avenue Extension Protect Maximum Total Amount Payable for the Agreement: Organization and Address: Landau Associates 130 2nd Avenue Edmonds, WA Execution Date of Supplement October 18, 2019 Completion Date of Supplement: December 31, 2020 Maximum Amount Payable this Supplement: $ 13,400 $369,400 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contractegr..ment entered into with Landau Associates and executed on June 10, 2016 b Resolution No. 2016-972 and identified as Oontra 2016 - la Ail 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 a ices The additional tasks to be performed as part of this Supplemental Agreement includes the coordination of excavating, and`health and safety oversight of cultural resource test pits within the str =t corridor* defined in the following tasks, and fully described in Exhibit A, Scope of Work: Preparation of Health and Safety Plan Coordination and Oversight of Utility Locating Coordination and Health and Safety Oversight of Trenching and H&S Oversight Project Management Section 5: Compensation Payment for this supplemented work, as shown on Exhibit A is not to exceed $13,400, bringing the total amount of the Agreement to $369,400. 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: Consult. nt Signature Jo Date Date CITY CONTRACT RESOLUTION NO: EXHIBIT A October 18, 2019 City of Yakima Legal Department 200 South Third Street Yakima, Washington 98901 Attn: Ms. Joan Davenport, Strategic Project Manager Re: Existing Budget Increase Request — Health and Safety Oversight Former Boise Cascade Mill Site and Closed City of Yakima Landfill Site Yakima, Washington; Facility/Site No. 1927 Dear Ms. Davenport: LANDAU ASSOCIATES Per the City of Yakima's (City) request, Landau Associates, Inc. (LAI) has prepared this request for modification to our scope of services and an associated increase in budget under our existing Contract No. 2016-104 with the City. The modified scope of services is proposed to address additional work required to complete Health and Safety Oversight during a cultural resource investigation being conducted at the Former Boise Cascade Mill Site and Closed City of Yakima Landfill Site. Scope of Services The scope of services outlined below addresses the anticipated level of effort to conduct Health and Safety Oversight during the cultural resource investigation at the Site. The proposed additional services include: Developing a site-specific health and safety plan (HASP) to support EHS oversight and planned Site investigation. In order to simplify this process, LAI will revise an existing Site HASP that already contains Site-specific information and covers similar planned activities, including excavation. • Conducting a public utility locate request and marking trench locations with white paint and/or flagging prior to calling in the locate request. Overseeing a private utility locator to identify conductible utilities within or adjacent to the proposed trench locations. • Coordinating trenching activities with cultural resources representatives, Widener & Associates, and the excavation contractor. Providing environmental health and safety oversight for the cultural resources trenching activities. Project management and administration associated with the tasks identified above. 130 2nd Avenue South • Edmonds, Washington 98020 • (425) 778-0907 • www.Iandauinc.com Yakima Transportation Corridor Modification Request — Health and Safety OversighLandau Associates LAI will also be subcontracting the private utility locator and excavation contractor necessary for the trenching activities; however, these activities and costs will be covered under separate contract with Widener & Associates (i.e., not covered under LAI's agreement/contract with the City). Estimated Budget The estimated cost for the scope outlined above was developed on a cost -plus -fixed -fee basis consistent with the compensation schedule in our existing Contract No. 2016-109 between LAI and the City of Yakima. LAI is requesting an approved budget increase of $13,400 to complete the above scope. Authorization Approval for adding the Additional Services and budget described above can be authorized by execution of a Contract Supplemental Agreement or by other method preferred by the City. An email authorization to proceed is acceptable. Thank you for giving LAI the opportunity to provide this request for modifying the contracted scope of services and budget. We look forward to working with the City team on this project. Please give us a caIJ if you have any questions regarding this proposal. LANDAU ASSOCIATESINC. � ~ Piper Roelen, PE Principal Engineer October 18, 2019 2