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HomeMy WebLinkAboutR-2014-121 Tiger Oil Site Cleanup Professional Services Agreement with Maul Foster Alongi, Inc. RESOLUTION NO. R- 2014 -121 A RESOLUTION authorizing the City Manager to execute a Professional Services Agreement with Maul Foster Alongi, Inc (MFA) not to exceed $230,000 to prepare remedial design, permitting and construction oversight for the environmental cleanup of the former Tiger Oil site at 2312 West Nob Hill Boulevard, now owned by the City of Yakima. WHEREAS, the Yakima City Council has established that the environmental cleanup and redevelopment of the former Tiger Oil property at 2312 West Nob Hill Boulevard is both an "Economic Development" and "Improving the Build Environment" priority; and WHEREAS, the City of Yakima has followed the procedures established by the State of Washington to select and recommend a professional firm using the Municipal Research and Service Center Professional Services Roster process to conduct the selection of a firm', to prepare the engineering plans and specifications for the construction bid process; and WHEREAS, Maul Foster Alongi, Inc. (MFA) submitted a Contractor Qualification Statement was determined to be the preferred firm to prepare the engineering plans; 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; 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 Maul Foster Alongi, Inc. (MFA) attached hereto and incorporated herein by this reference not to exceed Two Hundred Thirty Thousand Dollars ($230,000) to provide the Professional Services as described in the Agreement, now, therefore, ADOPTED BY THE CITY COUNCIL this 7 day of October 2014. tikA ATTEST: Micah Ca ley, Mayor ‘014 APA t 1---( \ W' Son ! Claar Tee, City Cle ,,P ,x... -- / �(D y to - c` yt. 5` AGREEMENT For City of Yakima Use Only: BETWEEN Contract Noi`ri'QI Project No. - CITY OF YAKIMA, WASHINGTON Resolution No SOQ No. AND MAUL FOSTER & ALONG!, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this 'day of�`�+� , 2014, 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 Maul Foster & Alongi, Inc. with its principal office at 400 East Mill Plain Boulevard, Suite 400, Vancouver WA 98660, 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 environmental science and engineering services under this Agreement for Remediation of the Former Tiger Oil Site located at 2312 West Nob Hill Road on behalf of the City of Yakima, Project No. EV2389, 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, Justin Clary 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 "Interim Remedial Action Plan 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." 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 Page 1 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 provisions set forth in Exhibit B, 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 Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non - salary expenses. 5.1.1 DIRECT NON - SALARY EXPENSES Direct Non - Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary Page 2 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 PROJECT - 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. 5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided, as follows: • That 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. 5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10 %) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT.shall not exceed TWO HUNDRED THIRTY THOUSAND Dollars ($230,000). The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. • 5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut -off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. Page 3 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less, 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 ENGINEER 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 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 Page 4 negligence 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 loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the 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 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 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. 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 performance 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. Page 5 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. 9.4 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. 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 Page 6 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 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 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 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. Page 7 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 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. 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 Page 8 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. 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. Page 9 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. 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, PE ENGINEER: Maul Foster & Alongi, Inc. 1329 North State Street, Suite 301 Bellingham, WA 98225 Attn. Justin Clary Page 10 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 • AKIMA MAUL FOSTER & ALONGI, INC. re Sip nat - Printed Name:Tony O'Rourke Printed Name: - — 7 1IC./✓ t tael Title: City Manager Title: NI Prv , -t‘,w Date: 0 —. 1,11%, e: IL)/ l 1 b 4 Attest - - =. ` y 4 (�- C' y ClerkI G �i I ... fr ., City Contract No. Resolution No. /49 f " - 14 07 / Page 11 STATE OF WASHINGTON ) ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that 1 ©'Kouv the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he 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: 6 �t 0 / I / Seal or Stamp 1� (Signature KAAP ALL YN Title NQiar'j Public v Sta V►iasngt k G� r e— // y C cn' i $sio hi Expires on Printed Name 2:k,;:+:.: It 2018 My commission expires: 1-7/ — / -- eD - v / to STATE OF WASHINGTON ) ss. COUNTY OF Cum I certify that I know or have satisfactory evidence that STtNkl.t - jA�l -',� is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged it as the l 1> xR . of hibillfg.41_11Tto be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: t D 1 t t t'1 Seal or Stamp p F (Signat re) \ \\ \\""" .�•�\\ P so n E4.** ... 0 � Title 44, o �pj AR V ��6"; •n: -. j p Nl & • N •v OPP• — Printed Name Poo° ; 02 02 1 b 1 t � %� o ?t8•ZD� ����� My commission expires: Page 12 EXHIBIT A SCOPE OF WORK Task 1— Remedial Design The objective of this task is to prepare an Engineering. Design Report, plan drawings, and specifications for implementing the Interim Cleanup Action Plan. Based on review of the Cleanup Action Plan, technical reports, and communications with the Department of Ecology (Ecology), the Interim Cleanup Action will focus on removal of the primary source of impacts on the property by: • Excavation of petroleum contaminated soil • Placement of oxygen releasing compound in the excavation to promote biodegradation of remaining contaminants in groundwater • Backfilling the excavation with clean fill and grading The interim cleanup action will be followed by groundwater monitoring to assess effectiveness and determine what if any additional actions are needed to achieve cleanup levels. The plan and specifications package will include the following items: • Erosion control • Building demolition plan • Earthwork: excavation, backfill • Soil management and disposal An asbestos and lead paint survey will be conducted for the existing building on the former Tiger Oil Property. A survey of the property will also be conducted. These two tasks will be subcontracted and MFA will seek approval from the City on the selection of subcontractors. Additionally, this task will include: • Support during the bid process, including conducting a site walk with potential bidders • Preparation of a Construction Quality Assurance Plan • Preparation of a construction cost estimate Assumptions: • Based on review of environmental reports for th'e property, it is assumed that additional soil and groundwater sampling will not be needed for preparation of the Engineering Design Report, plans and specifications. Task 2— Permitting and Agency Negotiations MFA will prepare all necessary documents to apply for and obtain permits for the Interim Cleanup Action. The Model Toxics Control Act provides a waiver for obtaining local jurisdictional permits for cleanups conducted under a Consent Decree, so long as the substantive requirements are met. The City may choose to obtain permits to address any potential public concerns or to provide an additional level of assurance. City permits (or their substantive equivalent) are likely to include the following: • Demolition Permit • Grading Permit Ecology typically requires that any cleanup project involving excavation obtain a construction stormwater permit, so this task will also include preparation of an application for that permit and Stormwater Pollution Prevention Plan. Note: Ecology has conducted a State Environmental Policy Act (SEPA) as part of the review of the Cleanup Action Plan. It is assumed that this review will also satisfy any SEPA requirement for the issuance of the permits listed above. Ecology will require that it review, comment, and approve draft and final design reports and plan sets. Ecology is a committed partner in this project with the City and will provide the funding for the cleanup. It is expected that there will continue to be a significant level of communication and coordination between MFA and Ecology to successfully implement this project. Page 13 Task 3 —Bid Support MFA will provide support to the City during the bid process to select a contractor to implement the Interim Remedial Action. This support will include assistance in preparing the bid advertisement, participation in a site walk with potential bidders, evaluation of the qualifications of bidders. Assumptions • City standard bid documents will be used • City will lead the public bid process and be responsible for placement of bid advertisement, opening and contracting Task 4— Construction Oversight MFA will provide construction oversight to ensure implementation meets the design and specifications and to address issues and changes that may arise during construction. This task will include the following elements: • Provide support in reviewing contractor submittals, establishing schedule commitments, and addressing logistical matters with construction contractor • Construction oversight, as required by Ecology and outlined in the Construction Quality Assurance Plan Samples of soil from the Property will be collected and analyzed during the cleanup to guide the extent of excavation and management of soil. This will involve field screening, waste profiling, and confirmation sampling. Field Screening. The MFA engineer providing construction oversight will take field readings of soil using specialized equipment'(photoionization detector) to determine approximate contamination level and evaluate need to dig extra soil to achieve remediation goals. Waste Profiling. Areas of elevated concentrations of petroleum hydrocarbons will be managed separately from overburden soil during the cleanup. Soil with high lead levels will be stockpiled and treated with chemicals to allow for disposal at a standard landfill. This process provides significant cost savings by reusing overburden material on site, and reducing the amount of backfill material needed. However, it requires additional laboratory analysis and oversight as well. This involves: • Collection and laboratory analysis of composite samples of excavated soil to determine if it is useable as backfill. • Coordinate laboratory analysis, provide quality assurance /quality control, and analyze data • Managing impacted soil— directing contractor on appropriate disposal • Waste volume and cost tracking Confirmation Sampling. An MFA engineer or scientist will collect soil samples from the sidewalls and bottom of the excavation. The samples will be sent to a certified laboratory for analysis of chemicals of concern. The laboratory data will be screened, validated, and evaluated to determine if remediation goals have been met. Assumptions • Construction schedule will not exceed 20 working days • Laboratory analysis of 36 soil samples for total petroleum hydrocarbons for confirmation sampling • Waste profiling will involve no more than 8 composite soil samples for Toxicity Characteristic Leaching Procedure (TCLP) and gasoline range organics • Cost estimate under this contract includes fees for laboratory analysis of confirmation and waste profiling samples • Costs for excavation, transport and disposal of soils and backfill will be contracted directly by the City through a competitive, bid process. Excavation, transport, disposal and backfill.costs are NOT included in this cost estimate. Task 5— Interim Cleanup Action Reporting As required by cleanup regulations and grant agreements, the City will need to provide a final report on implementation of the cleanup. This will include. • Final report documenting completion of the project and showing that the City met its obligations under the Consent Decree and Cleanup Action Plan • Post - construction support and project closeout Page 14 Assumptions • As -built survey of post- construction site topography will be prepared by Contractor responsible for conducting the excavation Task 6— Groundwater Monitoring Groundwater monitoring will be conducted to assess the effectiveness of the Interim Cleanup Action and support decision making regarding additional actions that may be needed to achieve cleanup levels. This task includes the following elements: • Collect groundwater samples from monitoring wells using industry standard low flow sampling methodology. • Perform laboratory analysis of samples for identified indicator hazardous substances. , • Complete data validation, interpretation, and reporting in 2015 and 2016 Assumptions: • Assumes 8 monitoring events (quarterly sampling for two years) • Assumes sampling of 7 monitoring wells for gasoline, and benzene, toluene, ethylbenzene, and xylenes. • Assumes sampling of 3 monitoring wells for indicators of natural attenuation • Cost estimate under this contract includes fees for laboratory analysis of groundwater samples • Existing monitoring wells will be used for groundwater monitoring. If new monitoring wells are determined to be needed, the construction of new wells will be conducted under a separate contract.. • Page 15 EXHIBIT B PROFESSIONAL FEES Maul Foster & Alongi, Inc. Task Subcontractors Total Hours - Labor Direct 1 Remedial Design 276 $31,900 $1,000 $7,975 $40,875 2 Permitting and Agency Coordination 84 $9,820 $645 $0 $10,465 31Bid Support 60 $7,190 $300 $0 $7,490 4 Construction Oversight 424 $48,130 $6,340 — $9,565 $64,035 5 Interim Cleanup Action Report 106 $11,630 $880 $0 $12,510 6Groundwater Monitoring 418 $42,260 $14,576 $15,690 $72,526 Contingency (10 %) I I I 1 $20,790 Total Estimated Cost $228,691 Note: Task 6 includes 8 Groundwater Monitoring Events (quarterly for two years) Page 16 00 MAUL FOSTER ALONGI www.maulfoster corn EXHIBIT C SCHEDULE OF CHARGES PERSONNEL CHARGES Principal $130 — 250 /hour Senior $110 - 160 /hour Project $95 - 130 /hour Staff $80 - 105 /hour GIS Professional $80 - 140 /hour Drafter /CADD Operator $55 - 85 /hour Technical Writer /Editor $50 - 85 /hour Administrative Assistant $50 - 85 /hour Depositions and expert witness testimony, including preparation time, will be charged at negotiated rates. Travel time will be charged m accordance with the above rates. OUTSIDE SERVICES Charges for outside services, equipment, and facilities not furnished directly by Maul Foster & Alongi, Inc. will be billed at cost plus 10 percent. Such charges may include, but shall not be hmited to the following: Printing and photographic reproduction Rented equipment Rented vehicles Shipping charges Transportation on public carriers Meals and lodging Special fees, permits, insurance, etc. Consumable materials SUBCONTRACTORS Charges for subcontractors will be billed at cost plus 10 percent. L. \MFA Policies & Procedures Manual \08 Project Management \Contract Forms \ Original \ MFA Schedule of Charges MS 2014.09.24.docx DIRECT CHARGES Vehicle per mile $0.56 COMPUTER CHARGES CADD, ArcGIS $20.00 /hour EQuIS, EVS, Modeling Applications $30.00 /hour FIELD EQUIPMENT The rates for field equipment are set forth m the Field Equipment Rate Schedule. DOCUMENT PRODUCTION The rates for document production are set forth m the Document Production Rate Schedule. RATE CHANGES Schedule of Charges and Standard Equipment Rates are subject to change without notice. BILLING AND PAYMENT Invoices will be submitted monthly and shall be due and payable upon receipt. Interest at the rate of one and one -half percent (1.5 %) per month, but not exceeding the maximum rate allowable by law, shall be payable on any amounts that are due but unpaid within (30) days from receipt of invoice, payment to be apphed first to accrued late payment charges and then to the principal unpaid amount. L. \MFA Policies & Procedures Manual \08 Project Management \Contract Forms \Original \MFA Schedule of Charges MS 2014.09.24.doex 2 F x.11 Ii ~ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: October 07, 2014 ITEM TITLE: Resolution authorizing a contract with Maul Foster Alongi and the City of Yakima to provide environmental services related to the Tiger Oil site at 2312 W. Nob Hill Blvd. SUBMITTED BY: Debbie Cook, Director of Engineering and Utilities Brett Sheffield, Chief Engineer Joan Davenport, Director of Community Development SUMMARY EXPLANATION: The City of Yakima, as property owner of the former Tiger Oil site at 2312 West Nob Hill Boulevard, is partnering with Department of Ecology on the cleanup of this site. The City of Yakima intends to use insurance funds for a professional services contract with this environmental consultant to draft the remediation plan and manage the cleanup. The contract amount will not exceed $230,000. The City conducted a Request for Qualifications using the Municipal Research Service Center Roster process. Maul Foster Alongi (MFA) is the preferred firm. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Yes Amount: Funding Source /Fiscal MFI to be paid using insurance trust funds Impact: specifically designated for cleanup of this site. Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: City Manager APPROVED FOR SUBMITTAL: RECOMMENDATION: Approve the Resolution to authorize participation in this project ATTACHMENTS: Description Upload Date Type ❑ Resolution Authorizing MFA Contract 9/29/2014 Cover Memo ❑ contract 10/1/2014 Contract ❑ MFA Schedule of Charges 9/29/2014 Backup Material Contract Supplemental Agreement Supplemental Agreement Organization and Address: Number: 3 Maul Foster and Alongi 1329 N. State Street, Suite 301 Bellingham, WA 98225 Original Contract Number: Execution Date of Supplement: 2014-180 October 10, 2018 City Engineering Project Number: 2389 Completion Date of Supplement: June 30, 2019 Project Title: Maximum Amount Payable this Supplement: Former Tiger Oil Site Interim Remedial Action $45,402 Maximum Total Amount Payable for the Agreement: $384,502 Section 1 : Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with Maul Foster Alongi, Inc, and executed on October 8, 2014 by Resolution No. 2014-121 and identified as Contract 2014-180 All 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 Services The additional task to be performed as part of this Supplemental Contract is to provide post interim action professional services, which includes 1 Perform one groundwater monitoring event, including fieldwork, laboratory analysis and investigation-derived waste disposal 2. Prepare a high-resolution site characterization and natural source zone depletion (NSZD) sampling plan to delineate the extent of residual light nonaqueous-phase liquids, determine the extent of the dissolved-phase petroleum hydrocarbons plume, evaluate/confirm the plume's stability and shrinking extent as well as its attenuation, and evaluate NSZD evaluation for achieving Site closure Section 5: Compensation Payment for this supplemented work will, as shown on Exhibit A is not exceed $45,402, bringing the total amount of the Agreement to $384,502. 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: a,chL( n.n By -Y /' 1' PerrJ j,Consulta ii Signature ity Manager V Date CITY CONTRACT NO: ' v/y'/- P RESOLUTION NO: EXHIBIT A SAMPLING PLAN AND GROUNDWATER MONITORING SCOPE OF WORK FORMER TIGER OIL WEST NOB HILL BLVD SITE, YAKIMA, WASHINGTON FACILITY SITE ID 469/CLEANUP SITE ID 4919 Task 11—Project Management Purpose Facilitate ongoing and consistent communication between the Washington State Department of Ecology (Ecology), City of Yakima (City), and Maul Foster&Alongi, Inc (MFA) team to ensure consensus regarding site characterization, data interpretation, and remedy approaches, and compliance with the amended consent decree Scope MFA will participate in meetings and/or conference calls with Ecology, City, and City-identified individuals, as appropriate, and will schedule and coordinate with MFA staff, Ecology, City, and other appropriate parties to complete this scope of work. This task includes participation in monthly project status conference calls, and periodic face-to-face meetings, quarterly project progress reporting, budget management and invoicing, and responding to City and/or Ecology communications related to invoicing, budget tracking, and other requests Assumptions • Up to three project status meetings held in the Yakima area • Project status conference calls will be held monthly Deliverables • Quarterly Progress Report(in letter format) Schedule • Activities will be conducted throughout the life of the change order associated with this scope of work (anticipated to be completed during the 2018-2019 biennium with all activities complete by June 30, 2019) • Progress reports will be issued quarterly based upon current issuance schedule Task 12—Groundwater Monitoring Purpose Assess effectiveness of completed interim remedial actions and to support decision making regarding additional actions that may be needed to achieve a satisfaction of consent decree Groundwater monitoring events will be conducted as per the Ecology approved Addendum to the Groundwater Monitoring Plan (August 17, 2018) Scope This task includes • Perform one groundwater monitoring event, including fieldwork, laboratory analysis, and investigation-derived waste disposal • Complete data validation, interpretation, and reporting following each groundwater monitoring event Schedule • The first monitoring event will be conducted within two months of notice-to-proceed Assumptions • Additional monitoring events will be contracted under a separate scope of work. • Draft versions will be issued in electronic format; final versions will be issued in electronic and hard copy (three) format. Deliverables • Groundwater monitoring summary report(one [1]total provided in letter report format consistent with prior reports) Task 14—Sampling Plan for High Resolution Site Characterization/Natural Source Zone Depletion Purpose Prepare a high-resolution site characterization (HRSC) and natural source zone depletion (NSZD) sampling plan to delineate the extent of residual light nonaqueous-phase liquids (LNAPL, i e , free product), determine the extent of the dissolved-phase petroleum hydrocarbons plume, evaluate/confirm the plume's stability and shrinking extent as well as its attenuation, and evaluate NSZD evaluation for achieving Site closure Scope MFA will prepare the HRSC sampling plan which will outline usages of laser-induced fluorescence (LIF), membrane interface probe (MIP), and hydraulic profiling tool (HPT) subsurface assessment technologies to conduct HRSC of the Site Tasks for NSZD evaluation will also be outlined to assess NSZD as a potential long-term remedial technology for Site management. Schedule • Sampling and analysis plan (draft)will be issued within eight weeks of notice-to-proceed • Fieldwork dependent upon sampling and analysis plan review/finalization timeframe Assumptions. • Fieldwork and subsequent data analysis will be contracted in a separate scope of work. Deliverables • HRSC and NSZD Sampling and Analysis Plan (in report format) EXHIBIT B Sampling Plan and Groundwater Monitoring Scope of Work Maul Foster&Alongi, Inc. Task Subcontractors Total Hours Rate Cost 11. Project Management Principal 12 $170.00 $2,040 $2,040 Senior Geologist 12 $165.00 $1,980 $1,980 Administrative Assistant 6 $80.00 $480 $480 Document Production (Direct) $50 $50 Travel (Direct) $345 $345 Total: $4,895 $4,895 12. Groudwater Monitoring 2018 Principal 2 $170.00 $340 $340 Senior Geologist 9 $165 00 $1,485 $1,485 Project Geologist 73 $115.00 $8,395 $8,395 Project Chemist 20 $120 00 $2,400 $2,400 Administrative Assistant 5 $59 00 $295 $295 CADD/GIS 6 $125 00 $750 $750 Field Equipment(Direct) $3,120 $3,120 Analytical Laboratory $4,614 $4,614 IDW Disposal Subcontractor $383 $383 Document Production (Direct) $1,000 $1,000 Total: $17,785 $4,997 $22,782 13. HRSC& NSZD Work Plan Principal 12 $170.00 $2,040 $2,040 Senior Geologist 59 $165 00 $9,735 $9,735 Project Geologist 20 $115.00 $2,300 $2,300 Project Chemist 6 $120 00 $720 $720 Administrative Assistant 9 $47.78 $430 $430 CADD/GIS 16 $125.00 $2,000 $2,000 Production (Direct) $500 $500 Total: $17,725 $17,725 Total Estimated Cost: $45,402 (i 1 Contract Supplemental Agreement Supplemental Agreement Organization and Address: Maul Foster and Alongi Number: 5 1329 N. State Street, Suite 301 Bellingham, WA 98225 Original Contract Number: Execution Date of Supplement: 2014-180 April 11, 2019 City Engineering Project Number: 2389 Completion Date of Supplement: December 31, 2019 Project Title: Maximum Amount Payable this Supplement. Former Tiger Oil Site Interim Remedial Action $19,970 Maximum Total Amount Payable for the Agreement: $779,452 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with Maul Foster Alongi, Inc, and executed on October 8, 2014 by Resolution No. 2014-121 and identified as Contract 2014-180 All 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 Services The additional task to be performed as part of this Supplemental Contract is to prepare a Site Management Plan (SMP)for the Tiger Oil West Nob Hill Blvd (Site), 2312 West Nob Hill Boulevard, Yakima WA 98902 The purpose of the SMP is to provide guidance for future earthwork, construction and operations on the site to manage risks associated with residual contaminated soil and groundwater The SMP will address future construction and operations on the site that could encounter contaminated soil and groundwater such as excavation, utility trenching, and storm water management. The SMP shall be referenced, reviewed and implemented by the City of Yakima and its subcontractors prior to any construction on site More detail on the SMP is included in Exhibit A. Site Management Plan Scope of Work. Section 5: Compensation Payment for this supplemented work will, as shown on Exhibit A is not to exceed $19,970, bringing the total amount of the Agreement to$779,452 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. Michael Stringer By //';7 . - C'i + /two^r /consultant Signature City Manager AUK G, Dates CITY CONTRACT NO: 2 0 t O SLIP S RESOLUTION NO: It r �► -I�( EXHIBIT A SITE MANAGEMENT PLAN SCOPE OF WORK TIGER OIL WEST NOB HILL BLVD SITE, YAKIMA,WASHINGTON Task 20—Site Management Plan Purpose Maul Foster&Alongi, Inc (MFA)will prepare a Site Management Plan (SMP)for the Tiger Oil West Nob Hill Blvd Site (Site) The purpose of the SMP is to provide guidance for future earthwork, construction, and operations on the Site to manage risks associated with residual contaminated soil and groundwater The SMP will address future construction and operations on the Site that could encounter contaminated soil and groundwater such as excavation, utility trenching, and stormwater management. This SMP shall be referenced, reviewed, and implemented by the City of Yakima (City) and its subcontractors prior to any construction on the Site MFA will prepare the SMP in accordance with the requirement of Washington Administrative Code (WAC) 173-340-440 and related provisions of the Washington State Model Toxics Control Act (MTCA) The SMP will clearly describe the extent of previous remedial actions and backfill and the location of residual contamination based on the findings of previous investigation activities The plan will outline excavation protocols, soil handling procedures, waste characterization and disposal requirements, erosion control (including dust control and stormwater protection measures), groundwater management requirements, and will provide recommended concepts for stormwater management and vapor mitigation for existing or new buildings on the Site MFA will also prepare a brief fact sheet intended as a reference for potential investors that clearly and concisely describes the measures and process for developing on the property Schedule • MFA will begin work on the SMP immediately • The (draft) SMP will be prepared within 60 days of approval of this scope Assumptions • Ecology will review and provide one round of comments on the draft SMP Deliverables • Two printed copies of the draft and the final SMP and an electronic PDF copy (in report format) • Draft and final electronic PDF copy of property development fact sheet. Estimated Budget Site Management Plan Former Tiger Oil 2312 West Nob Hill Blvd Yakima, Washington Maul Foster&Alongi, Inc. Task Subcontractors Total Hours Labor Direct 20 Site Management Plan 144 $19,270 $700 $0 $19,970 Total Estimated Cost $19,970 R:\0818.02 City of Yakima\Contract\01_2019 03 01 Change Order No 5\T1 Tiger Oil C005 Budget 2019 02.27.xls 3/1/2019 ESTIMATED BUDGET W NOB HILL TIGER OIL SITE: SITE MANAGEMENT PLAN Task Maul Foster&Alongi, Inc. Total Hours Labor Direct 20 Site Management Plan 144 $ 19,270 $ 700 $ 19,970 Principal 4 $ 720 - $ 720 Senior Engineer 34 $ 5,480 - $ 5,480 Senior Geologist 14 $ 2,450 - $ 2,450 Project Geologist 16 $ 2,080 - $ 2,080 Staff Engineer 48 $ 5,520 - $ 5,520 CADD/GIS 20 $ 2,300 $ 400 $ 2,700 Administrative Assistant 8 $ 720 - $ 720 Document Production - - $ 300 $ 300 Total Estimated Cost $ 19,970