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HomeMy WebLinkAboutR-2010-036 Landau Associates Contract RE: Redevelopment of Former Landfill SiteRESOLUTION NO. R-2010-36 A RESOLUTION authorizing the City Manager to sign a Professional Services Agreement with Landau Associates to provide geotechnical and environmental services to provide evaluation of potential redevelopment options for the former City landfill and coordinate its analysis with SLR International (SLR) in the recommendations SLR is making for clean-up of the landfill site in its remedial investigation/feasibility study (RIFS) pursuant to the Model Toxics Control Act ("Toxics Control Act") RCW 70.105D and other applicable law WHEREAS, the approximately 240 -acre property located at 805 N. 7th Street, Yakima Washington was developed by the Cascade Lumber Company and operated as a mill for many years; WHEREAS, mill operations at the site ended in 2006; WHEREAS, a portion of the property was used as a landfill by the City from approximately 1963 to 1970; WHEREAS, the City initiated a remedial investigation/feasibility (RIFS), study of the landfill site by SLR pursuant to the Toxics Control Act which is near completion; WHEREAS, geotechnical and environmental support services arenecessary to evaluate potential redevelopment options for the site; WHEREAS, Landau has the experience and expertise necessary to provide the required services and is willing to provide them in accordance with the terms and conditions of the attached Professional Services Agreement, including: geotechnical and environmental services to support evaluation of potential redevelopment options for the landfill while conferring with City officials and SLR in its RIFS in order to integrate potential environmental clean-up with redevelopment options at the landfill site. WHEREAS, Landau Associates is prepared to commence the work described in this Resolution as directed by the City; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to sign the attached Professional Services Agreement with Landau Associates for geotechnical and environmental support services to provide evaluation of potential redevelopment options for the former City landfill and coordinate its analysis with SLR International (SLR) in the recommendations SLR is making for clean-up of the landfill site in its remedial investigation/feasibility study (RIFS) pursuant to the Model Toxics Control Act ("Toxics Control Act") RCW 70.105D and otherapplicable law, and the City Manager may make changes to the Professional Services Agreement as deemed necessary to achieve its purposes. ADOPTED BY THE CITY COUNCIL this 23`d day of March, 2010. Micah Cawley, Mayor ATTEST: City Clerk PROFESSIONAL SERVICES AGREEMENT CITY OF YAKIMA AND LANDAU ASSOCIATES THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and entered into by and between the City of Yakima, a Washington municipal corporation (hereinafter the "City") and Landau Associates (the "Consultant"), a company licensed to do business in Washington. WHEREAS, the City desires to engage the Consultant to provide geotechnical and environmental support services to provide evaluation of potential redevelopment options for the closed former City landfill, while conferring with City officials and SLR International Corp (SLR) in its remedial investigation/feasibility study in order to integrate potential environmental clean- up with redevelopment options at the landfill site; and WHEREAS, the Consultant has the experience and expertise necessary to provide said services and is willing to provide such services in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements set forth herein, it is agreed by and between the City and the Consultant as follows: 1. Scope of Services. The Consultant shall provide geotechnical and environmental support services to provide evaluation of potential redevelopment options for the closed former City landfill, while conferring with City officials and SLR International Corp (SLR) in its remedial investigation/feasibility study in order to integrate potential environmental clean-up with redevelopment options at the landfill site which shall include performance of the specific professional services contained in the PROPOSAL, dated March 9, 2010, marked Exhibit "A," attached and incorporated by this reference into this Agreement. 2. Term. The term of this Agreement shall commence upon execution hereof and shall continue until completion which is scheduled for May -t$, 2010. Ju c. 30 3. Consideration. The City shall pay the Consultant for services rendered hereunder in accordance with the cost set forth on page five (5) of the PROPOSAL. Unless this Agreement is otherwise modified by the parties, the total compensation paid to the Consultant for all services provided under this Agreement shall not exceed twenty-four thousand dollars and 00/100 ($24,000). The Consultant shall submit to the City monthly invoices itemizing tasks accomplished. Payment shall then take place, provided, however, that all payments are expressly conditioned upon the Consultant's providing services that are satisfactory to the City. The Consultant shall maintain adequate files and records to substantiate all amounts itemized on the monthly invoices. In the event that either party exercises its right to terminate this Agreement in accordance with Section 18, the Consultant shall be compensated in accordance with the above terms for all satisfactory services provided to the City up to the effective termination date or the Agreement. 4. Information Provided by the City. The Consultant shall provide guidance to the City in determining the data required for purposes of the contemplated services. The City agrees to use reasonable efforts to provide data and information specifically requested by the Consultant. 5. Status of Consultant. The Consultant and the City understand and expressly agree that the Consultant is an independent contractor in the performance of each and every part of this Agreement. No officer, employee, volunteer, and/or agent of Consultant shall act on behalf City of Yakima - Landau Associates Page 1 of 6 Professional Services Agreement of or represent him or herself as an agent or representative of the City. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Consultant expressly represents, warrants and agrees that its status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six -part independent contractor test set forth in RCW 51.08.195. The Consultant and its officers, employees, volunteers, agents and/or subcontractors shall not make any claim of City employment nor shall make any claim against the City for any related employment benefits, social security and/or retirement benefits. Nothing contained herein shall be interpreted as creating a relationship of servant, employee, partnership or agency between the Consultant and the City. 6. Ownership of Documents. The materials, computer spreadsheets, reports, calculations, analyses, etc., generated by Consultant under this Agreement including the final report shall be the joint property of the City and Consultant. Consultant may retain copies thereof for work paper documentation and their own use unless specifically restricted in writing by the City as to use. 7. Inspection and Audit. The Consultant shall maintain books, accounts, records, documents and other evidence pertaining to the costs and expenses allowable and consideration paid under this Agreement in accordance with generally accepted accounting practices. All such books of account and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the .Washington State Auditor at all reasonable times, and the Consultant shall afford the proper facilities for such inspection and audit. Such books of account and records may be copied by representatives of the City and/or the Washington State Auditor where necessary to conduct or document an audit. The Consultant shall preserve and make available all such books of account and records for a period of ten (10) years after final payment under this Agreement. 8. Taxes and Assessments. The Consultant shall be solely responsible for compensating his employees, agents and/or subConsultants and for paying all related taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City are assessed a tax or assessment as a result of this Agreement, the Consultant shall pay the same before it becomes due. 9. Nondiscrimination Provision. During the performance of this Agreement, the Consultant shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital status, political affiliation, or the presence of any sensory, mental or physical handicap. 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. 10. The Americans with Disabilities Act. The Consultant shall comply with the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations with regard to the activities and services provided pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, public transportation, state and local government services and telecommunications. City of Yakima — Landau Associates Page 2 of 6 Professional Services Agreement 11. Compliance with Law. The Consultant agrees to perform those services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local or otherwise. 12. No Conflict of Interest. The Consultant covenants that neither he nor his employees have any interest and shall not hereafter acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of this Agreement. The Consultant further covenants that it will not hire anyone or any entity having such a conflict of interest during the performance of this Agreement. 13. No Insurance. It is understood the City does not maintain liability insurance for the Consultant and its officers, directors, employees and agents. 14. Indemnification. a. The Consultant agrees to hold harmless, indemnify and defend the City, its elected officials, officers, employees and agents from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which result from or arise out of the negligence of the Consultant, its officers, agents, employees or subcontractors in connection with or incidental to the performance or non-performance of this Agreement. b. In the event that both the Consultant and the City are negligent, each party shall be liable for its contributory share of negligence for any resulting suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees). c. The foregoing indemnity is specifically and expressly intended to constitute a waiver of the Consultant's immunity under Washington's Industrial Insurance Act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the Consultant's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. 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. e. This Section of the Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. 15. Insurance Provided by Consultant. a. At all times during performance of the Services, the Consultant shall secure and maintain in effect insurance to protect the City and Consultant from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. The Consultant shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem it necessary in the best interest of the public. b. Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total minimum liability limit 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 City of Yakima — Landau Associates Page 3 of 6 Professional Services Agreement when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Agreement. The policy shall name the City, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. c. Commercial Automobile Liability Insurance. If the Consultant owns any vehicles, before this Agreement is fully executed by the parties, the Consultant shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total minimum liability limit 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. ii. If the Consultant does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may added to the commercial liability coverage at the same limits as required in that section of this Agreement, which is Section 15.b entitled "Commercial General Liability Insurance". iii. Under either situation described above, 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 Agreement. The policy shall name the City, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no obligation or liability of any kind upon the company" shall be crossed out and initialed by the insurance agent). 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. d. Professional Liability Coverage. Before this Agreement is fully executed by the parties, the Consultant shall , provide the City with a certificate of insurance as proof of professional liability coverage with a total minimum liability limit of Two Million Dollars ($2,000,000.00) per claim combined single limit bodily injury and property damage, 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 Agreement. The policy shall contain a clause that the insurer will not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice (any language in the clause to the effect of "but failure to mail such notice shall impose no 'obligation' or liability of any kind upon the company" shall be crossed out .and initialed by the insurance agent). 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. e. Insurance Provided by SubConsultants. The Consultant shall ensure that all subConsultants it utilizes for work/services required under this Agreement shall comply with all of the above insurance requirements. City of Yakima — Landau Associates Page 4 of 6 Professional Services Agreement 16. Delegation of Professional Services. The services provided for herein shall be performed by the Consultant and no person other than regular associates or employees of the Consultant shall be engaged upon such work or services except upon written approval of the City. 17. Assignment. This Agreement, or any interest herein or claim hereunder, shall not be assigned or transferred in whole or in part by the Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations and liabilities of the Consultant stated herein. 18. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 19. Termination. Either party may terminate this Agreement at any time, with or without cause, by providing the other .party with written notice of termination thirty (30) calendar days prior to the termination date. 20. Severability. If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand delivered to the parties to their addresses as follows: TO CITY: Richard A. Zais, Jr. City Manager (or) Dave Zabell Assistant City Manager City of Yakima 129 North Second Street Yakima, WA 98901 TO CONSULTANT: Scott Woerman Landau Associates 130 2"d Avenue South Edmonds, WA 98020 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified above. 22. Third Parties. The City and the Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly or otherwise, to third persons. City of Yakima — Landau Associates Page 5 of 6 Professional Services Agreement 23. Drafting of Agreement. Both the City and the Consultant have participated in the drafting of this Agreement. As such, it is agreed by the parties that the general contract rule of law that ambiguities within a contract shall be construed against the drafter of a contract shall have no application to any legal proceeding, arbitration and/or action in which this Agreement and its terms and conditions are interpreted and/or enforced. 24. Integration. This written document and the attachments constitute the entire Agreement between the City and the Consultant. There are no other oral or written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 25. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. 27. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement. CITY OF YAKIMA LANDAU ASSOCIATES By: R. A. Zai , Jr., City Manager Date: ��,�\ ATTEST: Debbie Kloster, Ci City Agreement No. LDiD / City Resolution No. fi c:D/C _3(� By: sa. , Date: 3/3 bit City of Yakima — Landau Associates Page 6 of 6 Professional Services Agreement • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 17 For Meeting of March 23, 2010 ITEM TITLE: Consideration of a Resolution authorizing execution of a Professional Services Agreement with Landau Associates for geotechnical and environmental support services related to the former landfill site. SUBMITTED BY: Michael Morales, CED Deputy Director Lawrence Watters, Senior Assistant City Attorney CONTACT PERSON/TELEPHONE: Michael Morales, 509-575-6113 SUMMARY EXPLANATION: Approval of a resolution authorizing the City Manager to sign a Professional Services Agreement with Landau Associates to provide geotechnical and environmental support services to provide evaluation of potential redevelopment options for the former City landfill and coordinate its analysis with SLR International (SLR) in the recommendations SLR is making for clean-up of the landfill site in its remedial investigation/feasibility study (RIFS) pursuant to the Model Toxics Control Act ("Toxics Control Act") RCW 70.105D and other applicable law. An SIED grant will fund these services. Resolution X Ordinance Other (Specify) Contract X Mail to (name and address): Funding Source Phone: APPROVED FOR SUBMITTAL: !9 . ,, !t City Manager STAFF RECOMMENDATION: Staff respectfully requests Council approve the resolution authorizing the City Manager 'to sign a Professional Services Agreement with Landau Associates. BOARD/COMMISSION/COMMITTEE RECOMMENDATION: COUNCIL ACTION: • • • 14 LANDAU ASSOCIATES March 9, 2010 City of Yakima 129 North 2nd Street Yakima, Washington 98901 Attn: Mr. Michael Morales, Deputy Director, Department of Community & Economic Development RE: PROPOSAL FOR GEOTECHNICAL AND ENVIRONMENTAL SUPPORT SERVICES FOCUSED REDEVELOPMENT FEASIBILITY EVALUATION CLOSED YAKIMA LANDFILL YAKIMA, WASHINGTON Dear Michael: Landau Associates is pleased to present this updated proposed scope of services and cost estimate to the City of Yakima (City) to provide geotechnical and environmental services to support evaluation of potential redevelopment options for the closed Yakima Landfill site in Yakima, Washington. We understand that our studies will focus on considerations associated with redevelopment on and adjacent to the closed Yakima Landfill near the southeast corner of the former Boise Cascade mill site, and just west of I-82 and south of the existing railroad tracks that cross the mill site. The proposed scope of services presented in this letter is based on our recent communications with you, Lawrence Watters, and Jeff Cutter, our past discussions with you and Kurt Peterson of Cascadia Law Group PLLC in November 2009; our initial review of the remedial investigation report for the Yakima Landfill prepared by SLR International Corp (SLR) in October 2009 and other previous investigation reports for the site; and our past experience in the project area. LANDFILL CONDITIONS We understand that the former Yakima Landfill site is approximately 28 acres in size, and "was formerly the location of a log pond that was drained and filled with municipal solid waste (MSW) and other wastes in the 1960s. The average depth to the bottom of the MSW at the unlined landfill is about 10 feet (ft), with the top of the MSW at about 2 to 12 ft below ground surface (BGS) and the bottom of the MSW at about 5 to 20 ft BGS. The landfill has a soil cover, and several feet of wood debris has been placed over portions of the landfill cover to support log storage and handling operations. Groundwater generally flows to the east/southeast toward the Yakima River and likely occurs at an elevation near or just below the bottom of the MSW layer. ENVIRONMENTAL 1 GEOTECHNICAL 1 NATURAL RESOURCES 130 2nd Avenue South • Edmonds, WA 98020 • (425) 778-0907 • fax (425) 778-6409 • www.landauinc.com . SEATTLE • SPOKANE • TACOMA • PORTLAND Specific information regarding environmental conditions in the vicinity of the MSW landfill is presented in various site reports and documents and is not summarized in this proposal. SITE REDEVELOPMENT CONCEPTS We understand that the area of the former Yakima Landfill is currently under control of the mill site ownership group, but that ownership of the property may be transferred to the City in the future. Redevelopment of the landfill area could potentially be conducted under a cooperative arrangement between the City and a development team. While the type of site redevelopment on or adjacent to the landfill has not been determined, we understand that potential concepts include construction of auto dealerships, public recreational facilities (such as soccer or ball fields), retail stores, etc., along with associated roadways and utility infrastructure. We understand that relocation of the existing I-82 off -ramp further to the north could potentially be part of overall redevelopment of the former mill site, but that any such off -ramp changes would be conducted well into the future and, therefore, will not be considered as part of this study. Landfill Redevelopment Considerations We anticipate that the following issues associated with development, on or adjacent to an existing MSW landfill will likely need to be addressed (to varying degrees) during planning, design, and construction for site improvements: • Site preparation and grading requirements to adequately support future structures, pavements, and utilities, and provide for proper stormwater management. • Requirements for excavation, handling, and disposal of landfill refuse that must be disturbed or removed as part of site redevelopment. o The potential for differential settlement of the refuse and associated damage to site structures and utilities. e Potential adverse disturbance of the landfill cover and other environmental control features. © The potential for increased leachate and landfill gas migration due to loading of, and placement of impervious surfaces over, the landfill refuse. o The potential for exacerbating existing groundwater quality conditions in the shallow sand and gravel aquifer below the landfill due to site preparation and the construction of below grade foundation elements. ® The potential for fire and explosion hazards associated with landfill gas buildup below structures and within confined spaces. 3/17/10 C:\Documents and Settings\dmoore\Local Settings\Temporary Internet Files\OLK581LW accepted - Focused Feasibility Evaluation -Rev 1.docLANDAU ASSOCIATES 2 • • The potential for human exposure to . landfill gas emissions, and the requirements for active and/or passive landfill gas control systems. • The potential for migration of landfill gas along subsurface corridors and into confined spaces created by site development. • Potential disturbance to established stormwater drainage patterns and use of proper erosion and sedimentation control measures during construction. • Requirements for cathodic protection of buried metallic elements. • . Requirements for worker health and safety during construction. • Requirements for ongoing and future groundwater and landfill gas monitoring. • Regulatory requirements for handling and disposal of soil and groundwater with concentrations of potential contaminants greater than applicable levels. • Regulatory requirements for cleanup under the Washington State Depattwent of Ecology (Ecology) Model Toxics Control Act (MTCA). PROPOSED SCOPE OF SERVICES Landau Associates proposes to support the Yakima Landfill redevelopment evaluation project by conducting a focused site redevelopment feasibility evaluation to assist the City in determining the most appropriate future use(s) of the landfill parcel. Due to the preliminary stage of site redevelopment planning, our proposed scope of services is general in nature, and we will work closely with the City and be flexible to provide the appropriate consulting services as requested by the City within the constraints of the budget authorized for this phase of the study. Our project approach and scope of services will likely need to be adjusted and refocused during the course of the project to suit the City's needs. This scope of services does not include any field investigations or environmental data collection and evaluation activities. Task 1.0 Existing Data Collection and Review We will collect and review readily available geotechnical and environmental information as it pertains to existing conditions at and near the landfill parcel that will affect planning and preliminary design of structures, roadways, and utility infrastructure at the site. We have previously been provided copies of certain reports and documents, but it is possible that we may identify and request copies of additional documents as part of this existing data review task. We assume that the City will provide a project area topographic base map suitable for use on this project, and that we will be provided access to 3/17/10 C \Documents and Settings\dmoore\Local Settings\Temporary Internet Files\0LK58\LW accepted - Focused Feasibility Evaluation -Rev 1.docLANDAU ASSOCIATES • 3 the latest versions of the remedial investigation and feasibility study reports for the Yakima Landfill being prepared by SLR. The scope for this task does not include preparation of a comprehensive document that compiles and summarizes existing site data that has been developed to date. However, any significant data gaps that are identified will be brought to the attention of the City and discussed in the project report, as appropriate. Task 2.0 Redevelopment Feasibility Evaluation Landau Associates will coordinate with the City and SLR and conduct a focused site redevelopment feasibility evaluation for selected redevelopment alternatives that the City considers appropriate for the landfill parcel and adjacent areas (these alternatives would include, but not necessarily be limited to: auto dealerships, public recreational facilities, retail stores, etc.). This evaluation will also address considerations for the primary site access roadway (currently considered to be the 10th Street corridor) and associated utility infrastructure. This feasibility evaluation will address many of the landfill redevelopment considerations listed above, but will focus on the primary issues that include: differential settlement, landfill gas control, groundwater impacts, protection of existing (and future, if known) landfill control measures, refuse handling (including the evaluation of onsite relocation), and construction considerations. While overall cost consideration may be discussed, preparation of cost estimates for various redevelopment alternatives would be beyond the scope of this study. The results of the landfill redevelopment feasibility evaluation will be presented in a written report that summarizes the evaluation of the alternatives and the major issues and constraints that will likely affect redevelopment on or adjacent to the landfill area. The report will also include our recommendations and considerations related to: the alignment of the primary roadway and associated utility infrastructure; locations for major site redevelopment facilities; and remedial measures/systems associated with site redevelopment. Recommendations for further study will be included, as appropriate. Task 3.0 Project Meetings and Coordination 3.1 Project Kickoff Meeting and Site Reconnaissance We will attend a project kickoff meeting in Yakima to further discuss project background information and identify project -specific issues and constraints that may affect the scope of our focused site redevelopment feasibility evaluation. We will also conduct a site reconnaissance to observe the current conditions of the redevelopment area and collect information on the general nature and physical features in the area that will likely affect potential site improvements. 3/17/10 C:\Documents and Settings\dmoore\Local Settings\Temporary Internet Files\OLK58\LW accepted - Focused Feasibility Evaluation -Rev 1.docLANDAU ASSOCIATES 4 • • 3.2 Project Coordination and Progress Meetings This task includes general coordination and communications, as well as participation in conference calls and progress meetings with the City and its project team to discuss redevelopment alternatives/options and further evaluate issues and constraints that may affect redevelopment on or adjacent to the former landfill area. This task includes coordination with SLR to confirm that the results of our redevelopment feasibility evaluation are reasonably consistent with the results of their ongoing landfill remedial investigation and feasibility study. If requested, we will also attend project meetings with representatives from the City, Ecology, or other agencies to discuss how certain landfill redevelopment issues can be addressed by proper planning, design, construction, and O&M activities. Task 4.0 Project Management This task includes our project management, invoice review/documentation, and project file retention activities. Task 5.0 Project Funding Landau Associates employs staff dedicated to finding a wide variety of alternative funding sources for projects including state and federal grants, low-interest loans, and tax incentives. We have been successful in obtaining grants for the Ports of Seattle, Port Townsend, and Edmonds as well as for the City of Enumclaw. By employing this no cost, value-added service of discovering and tapping external sources of capital, we can help determine if sufficient funds exist to see projects from investigation through clean-up to redevelopment. ESTIMATED COST We propose that our services be provided on a time -and -expense basis in accordance with the attached 2010 Compensation Schedule. We understand that a budget of $24,000 has been established by the City for this phase of the project, and we will provide our services with a level of effort appropriate for the established task budgets, as generally outlined below. In the event that project requirements require a different level of effort than assumed, or changes are needed to meet your project objectives, we will discuss the situation with you and seek your approval for any budget modification that may be appropriate prior to exceeding the established budget. We will invoice only for the time expended and expenses incurred on the project, and intend to adjust our scope of services and reallocate our authorized budget amounts between certain scope items as appropriate to meet the needs and constraints of the project. 3/17/10 C:\Documents and Settings\dmoore\Local Settings\Temporary Internet Files \0LK58\LW accepted - Focused Feasibility Evaluation -Rev 1.docL.ANDAU ASSOCIATES 5 Yakima Landfill Redevelopment Evaluation Services Task .1: Existing Data Collection and Review Task 2: Redevelopment Feasibility Evaluation Task 3: Project Meetings and Coordination Task 4: Project Management and Coordination Task 5: Project Funding Task Budget Estimate $ 5,000 $ 12,000 $ 5,000 $ 2,000 $ 0 Total Cost Estimate: $24,000 AUTHORIZATION We understand that our services will be provided . under a separate Professional Services Agreement with the City, and that this proposal will be attached as Exhibit A to that Agreement. ******** We appreciate this opportunity to submit this proposal and assist you with this project. Please call us at our main office 425-778-0907, or email us at swoerman(a,landauinc.com and dpischer@landauinc.com if you have any questions regarding our proposed scope of services and budget estimate for this phase of the project. LANDAU ASSOCIATES, INC. Scott A. Woerman Senior Business Development Manager Ja4/44( Acittel— David A. Pischer, P.E. Senior Associate DAP/SAW/kes 143.000 Attachments: Compensation Schedule - 2010 3/17/10 C:\Documents and Settings\dmoore\Local Settings\Temporary Internet Files\0LK58\LW accepted - Focused Feasibility Evaluation -Rev 1.docLANDAU ASSOCIATES 6 •