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HomeMy WebLinkAboutReg 2024-09-16 Item 5F - Contract - Comprehensive Landslide Assessment Plan with BGC Engineering USA for $134,500.00COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 09/16/24 JR ITEM INFORMATION ITEM No. 5.F. STAFF SPONSOR: SHERRY EDQUID ORIGINAL AGENDA DATE: 09/ 16/ 24 AGENDA ITEM TITLE Landslide Risk Assessment and Management Project Phase I Consultant Services CATEGORY ❑ Discussion Mtg Date a Motion Date 9/16/24 ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Meg Date Mtg SPONSOR ❑Council ❑Mayor ❑HR ❑DCD ❑Finance ❑Fire ❑TS ❑Pe.,R ❑Police 11PW 0 Court SPONSOR'S SUMMARY In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a landslide study. BGC Engineering will provide a report that be used by the City in ways to avoid, minimize and/or mitigate future landslide hazards. Council is being asked to approve the Consultant Agreement with BGC Engineering in the amount of $134,500.00. Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance ❑ LTAC ❑ Arts Comm. ❑ Parks DATE: 08/26/24 COMMITTEE Comm. Comm ❑ Planning/Economic Dev. REVIEWED BY ❑ Planning Comm. CHAIR: ARMEN PAPYAN RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Regular Consent Agenda Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $134,500.00 $0.00 $0.00 Fund Source: FEMA CTP GRANT Comments: MTG. DATE RECORD OF COUNCIL ACTION 09/16/24 MTG. DATE ATTACHMENTS 09/16/24 Informational Memorandum dated 08/23/24 Draft Scope Consultant Contract Minutes from Transportation and Infrastructure Committee meeting of 08/26/24 67 68 City of Tukwila Thomas McLeod, Mayor Public Works Department - Pete Mayer, Interim Director INFORMATIONAL MEMORANDUM TO: Transportation and Infrastructure Committee FROM: Pete Mayer, Interim Public Works Director BY: Sherry Edquid, Levee and Floodplain Project Manager CC: Mayor Thomas McLeod DATE: August 23, 2024 SUBJECT: Landslide Risk Assessment and Management Project Phase I Project No. Consultant Services ISSUE Request to execute a Consultant Agreement for services with BGC Engineering to conduct a landslide study. This work is being done in conjunction with DCD. BACKGROUND In 2023, the city received a FEMA's - Cooperating Technical Partners (CTP) grant to fund a landslide study. BGC Engineering will be identifying and understanding landslide hazards with the overall goal of reducing property damage and life loss. ANALYSIS BGC Engineering will provide a report that investigates existing and historical landslide information including forestry health and location of critical infrastructure within these areas. The information will then be summarized into a report which will includes GIS maps and recommendations. Additional studies and field work could occur in phase II should grant funding become available. This information can be used by the City in ways to avoid, minimize and/or mitigate future landslide hazards. FISCAL IMPACT BGC Engineering has provided a cost not to exceed $134,500.00 to perform the attached scope of work. This contract will be entirely funded by a FEMA CTP grant the city received which has no cost share. RECOMMENDATION Council is being asked to approve the Consultant Agreement with BGC Engineering in the amount of $134,500.00 and consider this item on the Consent Agenda at the September 16, 2024 Regular Meeting. Attachment: Draft Scope 69 70 City of Tukwila Comprehensive Landslide Assessment Plan - a citywide assessment of landslide hazard and urban forestry health V1 O U a) E V1 C co Q a) 0- 0 U N a) N r-i to +, Cr) O 0 la O O E N LN O in co $15,000 O O Ln {{} O O N fA CD O {{} $23,000 O in c-1 {f} N _a) 5 co L a7 a) 0 Provide supporting information for Tasks 3 and 5. Relevant and available data layers will be compiled in Cambio. LCD analysis results delivered in Cambio for review and interrogation by BGC for this analysis and by Tukwila staff. Custom configuration of Cambio workspace. 1-year Cambio subscription. Landslide inventory and susceptibility maps in Cambio, or other format as requested by Tukwila. Delineation of Management Units (MU's) polygons. Results presented in the final report. Relevant data layers and results of this task will be delivered in Cambio (as decided upon by the project team). Cost includes 10% markup. Draft and final report summarizing methods, findings, and recommendations for prioritization for areas of further study and potential mitigation. Data delivery in Cambio, with access for Tukwila staff, to include results of Task 1, 2, 3, and 4. Project management and meetings. co 0 R y LI U 14 Y V ca a) O y i 0 i: . i H a�° la a) ill a a. v cNI N Na a) 1 la CZ r Co) 0 M. O. $ '*-- * Compile relevant and available public data related to geology and geologic hazard maps, imagery, land use, and reasonably accessible/available consultant reports. Compile reasonably accessible/available built environment information (sources: City of Tukwila and other asset and landowners). Interviews with Tukwila staff to communicate relevant historical knowledge of the area, including known landslide events and histories, ground disturbance activities, mitigations, areas with drainage or groundwater seepage issues, and other relevant site context information. LCD analysis for the City of Tukwila to include two LCD comparisons with full -city coverage using datasets from 2005, 2011, 2016, and 2021 Data delivery in Cambio (a web -enabled earth science data platform). Cambio subscription for 1-year with access for up to 10 users. Review and analysis of data compiled in Task 1 and 2. Landslide inventory validation and additions, as needed. Landslide susceptibility map. Assessment of above with consideration for critical facilities and infrastructure, with the results of the urban forest health assessment (Task 4) integrated as appropriate. 4.1 Forest cover type mapping to include GIS-based Urban Tree Canopy Assessment (UTC) and delineation of Management Units (MU's) polygons with unique designations. 4.2 Field assessment, data collection, and ground proofing to include: - ground validation by ISA-certified arborists. - consideration for common urban forestry metrics. Final report and data delivery. Will include collaboration between BGC & DRG. Project management, maintaining communication between relevant parties, communicating project progress to Tukwila, maintaining schedule and budget, and planning and facilitating milestone meetings throughout the project (4 estimated meetings, varying from 1 to 2 hours in length). - Kick-off mtg. - Check -in mtg after Task 1 and 4.1. - Review mtg to discuss preliminary findings and draft report. - Final delivery mtg. C O I+ c4 Q. E O U co +' co 0 LCD Analysis & Data Delivery 4- C a) y N O N N Q a) -a y -a C O J Urban Forest Health Assessment Reporting & Final Delivery Milestone Meetings & Project Management a) P a C o y E U OC U CD co U CD m U CD co CD cc 0 CD cc 0 025 0 CD m CD cc 0 025 U CD m N co) v U) CO 71 72 DAVEYt Resource Group 08/12/2024 REVISED APPROACH -Tukwila 2024 DRG will complete a remotely sensed forest health assessment and inventory of forest cover types as well as ground - proofing inspections of priority areas as directed by the City of Tukwila. Priority areas identified with increased risk of slope failure and poor forest health will be field inspected. The data DRG collects can be used for long-range forest health management, prioritizing funding and forest enhancement efforts, and possibly informing slope stability assessments. Task 4.1: Forest Cover Type Mapping: After the kickoff meeting, DRG's GIS team will conduct an Urban Tree Canopy Assessment (UTC) to map forest cover types. This cost-effective and accurate analysis of tree canopy and forest composition (deciduous vs conifer forest) will be performed in the project area using remotely sensed and semi -automated feature extraction methods. DRG will use these results, GIS aerial imagery, LiDAR, and boundary data to delineate park/open space areas into Management Units (MU's) polygons. DRG will utilize elevation and contour data to process and record the aspect and slope for each MU. We will then assign each MU polygon one of the following land cover designations: Foresteth > 25% of the area Ls covered by forest canopy • Natural: Natural vegetation that has < 25% forest canopy cover • Open Water: Open water without woody vegetation • Hardscape: Impervious surface • Landscape: Landscaped or has been mechanically maintained within the last year Once these attributes have been established, DRG will run three years of vegetation health indices using multispectral imagery to determine foliar conditions. These indices will be clipped to the canopy layer to understand tree health conditions and how they have changed over time. Through this distinction by implementing statistical procedures, DRG will identify locations of canopy health that change due to seasonal variances or if they are actual health declines. Areas of moderate or major decline will be further inspected using field assessments by arborists. Additional information provided in Task 4.2. Ecosystem benefit data for air pollution, carbon storage and sequestration, and avoided runoff will also be calculated to determine the value of forests and any potential threat of potential loss to future canopy. COST FOR TASK 4.1: $29,884 73 DAVEYt Resource Group Task 4.2: Field Assessment/Data Collection/Ground Proofing After the forest cover mapping is completed, DRG will deploy ISA-certified arborists to supplement the information about the MUs in priority areas identified through remotely sensed data. Ownership of these management units may be public property parcels, private property parcels, or a combination of both. Ownership will have specific implications for slope stability risk management. Where MU's have private property, the team may need to consider visual evaluations or seek permission to trespass. DRG will consult with the City of Tukwila to finalize field data solutions. The team will work with City of Tukwila staff to evaluate the vegetation conditions in priority areas with steep slopes, active landslide activity, poor forest health, and/or low canopy. The results of DRG's fieldwork effort will provide the City with a vegetation management strategy for risk mitigation. Field staff will collect information about the management units using a customized approach adapted from FLAT. This could include the identification of hazardous trees, quantifying invasive vegetation, and quantifying tree sapling recruiting. The customizations are intended to provide the City with actionable risk mitigation tactics. COST FOR TASK 4.2 Preferred budget: $10,000 Applicable rates: $150 per hour (ISA Certified Arborist Consulting) $125 per hour (IT support and Customizations) 74 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: PROFESSIONAL SERVICES AGREEMENT (Includes consultants, architects, engineers, accountants, and other professional services) THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and BGC Engineering USA Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform a citywide assessment of landslide hazard and urban forestry health services in connection with the project titled City of Tukwila Comprehensive Landslide Assessment Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials_ equipment and supplies. The Consultant agrees to perform the services consistent with ordinarily exercised by other qualified consultants in the p comparable circumstances. The Consultant makes guarantee concerning the services. 3. Duration of Agreement; Time for Performanc, effect fora period commencing upon execution terminated under the provisions hereinafter spe commence upon written notice by the Ci the Co perform all services and provide all work than September 30, 2025 unless an ext 4. Payment. The Consultant sha and for services rendered u A. Payment for the work pr "B" attached her exceed the City. standard of reasonable care mance of similar services under ess or implied warranty or greemehall be in full force and September 30, 2025, unless sooner Work under this Agreement shall ant to proceed. The Consultant shall ursuant to this Agreement no later time is granted in writing by the City. City on a net 45-day basis for completed work as follows: y nsultant shall be made as provided on Exhibit at the total amount of payment to the Consultant shall not ress written modification of the Agreement signed by B. The Consultant sub ' vouchers to the City once per month during the progress of the work for partient for that portion of the project completed to date. Such vouchers will be chec d by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. {EFM4858-9204-2456;1/13175.000001/} 75 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings, reports, data and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. The Consultant shall not be responsible for any modification of the said documents, drawings, specifications or other materials by the City or the City's other consultants. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. Subject to Consultant's limitation of liability, the Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits includin• -asonable attorney fees but excluding claims for economic loss or diminution of propert : ue, to the extent caused by the Consultant's performance of this Agreement, except for ' i , and damages caused by the sole negligence of the City. In the event of liability for damages arising ou odil injury 'ersons or damages to property caused by or resulting from the concur ne nce of the Consultant and the City, its officers, officials, employees, and volunteers, nsultant's liability hereunder shall be only to the extent of the Consultant's - • ligence. is further specifically and expressly understood that the indemnification pro : _ - ein titutes the Consultant's waiver of immunity under Industrial Insurance, -'� , solely for the purposes of this indemnification. This waiver has ► - - n mu nego ated by the parties. The provisions of this section shall survive the e - i •r to nation of this Agreement. 8. Insurance. The Consulta all • - - maintain for the duration of the Agreement, insurance against claims for I o p- s or damage to property which may arise from or in connection with - or ce of the work hereunder by the Consultant, its agents, representatives, or ultant's maintenance of insurance as required by the agreement shall to II it the liability of the Consultant to the coverage provided by such insurance, •therwis: imit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts . Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop -gap independent contractors and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO endorsement form CG 20 26. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 76 Page 2 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher Commercial General liability insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insura► self-insurance, or insurance pool coverage maintained by the City shall be excess he Consultant's insurance and shall not be contributed or combined with it. D. E. F. Acceptability of Insurers. Insurance is to beced with urers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. Consultant shall copy of the amendatory endorsements, inc additional insured endorsement, evi. i. the before commencement of the work. evidence of all subcontractors' covera Notice of Cancellation. T policy cancellation, withi G. Failure to Maintain Ins insurance as requ may, after givi immediately t and pay any a repaid to the City the Consultant from e City with original certificates and a but not necessarily limited to the ance requirements of the Contractor e City, the Consultant shall furnish hall provide the City with written notice of any of their receipt of such notice. on the part of the Consultant to maintain the stitute a material breach of contract, upon which the City ays notice to the Consultant to correct the breach, or, at its discretion, procure or renew such insurance in connection therewith, with any sums so expended to be or at the sole discretion of the City, offset against funds due 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} Page 3 77 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The City gives written consent for the Consultant to assign certain services to their sub -consultant - Davey Resource Group. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by either party of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreemen�`any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner officer oil Consultant, or any of its supervisory personnel assigned to the proje e surviving bers of the Consultant hereby agree to complete the work under t term this Agreement, if requested to do so by the City. This section shall not be a bar gotiations of this Agreement between surviving members of the Consultan - nd the 'f the City so chooses. 15. Applicable Law; Venue; Attorney's F = . r ent shall be subject to, and the Consultant shall at all times comply wi a.. able federal, state and local laws, regulations, and rules, includin. •rovi of the City of Tukwila Municipal Code and ordinances of the City of Tu a. I he e t any suit, arbitration, or other proceeding is instituted to enforce any ter •f this - - •me the parties specifically understand and agree that venue shall be properly I. '• g .. y, Washington. The prevailing party in any such action shall be entitle • -as. - ble attorney's fees and costs of suit. Venue for any action arising from or rela o thi 're- t shall be exclusively in King County Superior Court. 16. Severabilit and ival. If y term, condition or provision of this Agreement is declared void or unenforceabl- limite' its application or effect, such event shall not affect any other provisions hereof and a • • . rovisions shall remain fully enforceable. The provisions of this Agreement, which by thsense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: BGC Engineering USA Inc. 600 12th Street, Suite 300 Golden, CO 80401 CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 78 Page 4 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. 19. Limitation of Liability. The term "Consultant Group" means the Consultant, its affiliated companies, and its and their respective employees, directors, officers, and subconsultants. When capitalized in this Agreement, "Losses" means any claims, injuries, damages, losses, suits, expenses, or other liability. Notwithstanding any other provision of this Agreement to the contrary, the Consultant Group's total aggregate liability to the City and anyone else claiming through or under the City for all Losses arising out of, resulting from, or related in any way to this Agreement or the services provided under this Agreement shall not exceed ONE MILLION U.S. Dollars ($1,000,000.00 USD). This aggregate limitation of liability applies: (i) to the fullest extent permitted by law; and (ii) whether one or more Losses arise due to breach of contr breach of warranty, strict liability, statutory liability, indem recovery or liability at law or in equity. This section sur this Agreement. 20. Waiver of Liability. In no event will either pa damages or losses arising out of, resulting from, services provided under this Agreement: (a) special, indirect, or consequential dama• or profit, lost revenue, lost product, lost goo t, tort (including negligence), duties, or any other theory of e expiry or any termination of le for anf the following kinds of in any way to this Agreement or the ry, aggravated, punitive, incidental, usiness, business interruptions, lost osts of capital, or lost data. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} Page 5 79 Docusign Envelope ID: 028D0875-A152-4CEA-BAED-44427880500D DATED this day of , 20 ** City signatures to be obtained by ** Consultant signature to be obtained by City Clerk's Staff ONLY. ** CITY OF TUKWILA Thomas McLeod, Mayor ATTEST/AUTHENTICATED: Andy Youn, City Clerk APPROVED AS TO FORM: Office of the City Attorne sponsor staff. ** CONSULTANT: BGC Engineering USA Inc DocuSigned by: B AOFF �,L t trod, y' CO22r716Er407... Printed Na► Geoff Claypool Title. CA revised May 2020 {EFM4858-9204-2456;1/13175.000001/} 80 Page 6 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes August 26, 2024, 5:30 p.m. - Hybrid Meeting; Duwamish Conference Room & MS Teams Councilmembers Present: Armen Papyan, Chair; Dennis Martinez, Hannah Hedrick Staff Present: Seong Kim, Adib Altallal, Griffin Lerner, Bryan Still, Laurel Humphrey, Sherry Edquid I. BUSINESS AGENDA A. Construction Bid Award: Cured -In -Place Sewer Mains Lining Staff is seeking approval of a bid award with Iron Horse LLC in the amount of $1,339,083.18 for construction of the project. Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. B. Consultant Agreement: Landslide Risk Assessment and Management Project Phase 1 Staff is seeking approval of an agreement with BCG Engineering in the amount of $134,500.00 to conduct a landslide study. * Committee Recommendation Unanimous approval. Forward to September 16, 2024 Regular Consent Agenda. The meeting adjourned at 5:42 p.m. AP Committee Chair Approval Minutes by LH 81