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."
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2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
and/or completion time adjustment pursuant to this Agreement shall 'be made and this
Agreement shall be modified in writing 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.
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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
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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
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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.
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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.
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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
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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.
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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