HomeMy WebLinkAboutR-2022-174 Resolution authorizing an agreement with Haley & Aldrich Inc to perform the design and remediation for the environmental cleanup of the former Tiger Oil site at 2312 W Nob Hill Blvd EV2999A RESOLUTION
RESOLUTION NO. R-2022-174
authorizing an agreement with Haley & Aldrich to perform the design and
remediation for the environmental cleanup of the former Tiger Oil site at
2312 W Nob Hill Boulevard.
WHEREAS, the Yakima City Council has established that the environmental cleanup
and redevelopment of the former Tiger Oil site at 2312 W Nob Hill Boulevard is a priority; and
WHEREAS, the City of Yakima has previously received grant funding from the
Department of Ecology (DOE) to aid in the cleanup of this site requiring a 10% match of local
funds, and
WHEREAS, there is remediation work that is necessary on -site and the remaining funds
associated with the grant is adequate to cover the costs for the necessary work; and
WHEREAS, the City desires to enter into a Professional Services Agreement with Haley
& Aldrich to perform the work necessary to develop a plan and perform remediation of the
former Tiger Oil site at 2312 W Nob Hill Boulevard; and
WHEREAS, the City of Yakima used the procedure 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 select a firm to perform the design
work; and
WHEREAS, the Scope of Work included in this Professional Services Agreement
with Haley & Aldrich meets the needs and requirements of the City of Yakima for this
project; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to enter into the contract to prepare a plan and perform remediation for the
environmental cleanup of the former Tiger Oil site at 2312 W Nob Hill Boulevard; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the contract with Haley & Aldrich,
attached hereto and incorporated herein by this reference, not to exceed One Hundred Fifty
Thousand and Fifty Seven Dollars ($150,057) to provide the Professional Services as described
in the Agreement.
ADOPTED BY THE CITY COUNCIL this 13th day of December, 2022.
ATTEST:
Sony
Qfdtaas2
aar Tee, City Clerk
Janice Deccio, Mayor
AGREEMENT |
BETWEEN
CITY OFYAh3K8A.WASH|NGTON
AND
HALEY& ALDRICH'|NC
AND
HALEY&ADR|CHCONSTRUCTION SERVICES, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this 14th day of November, 2022. 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 Haley & Aldrich, Inc. with its principal office at
3131 Elliott Avenue, Ste GOO, Seatt|e, V&A 08121, and its wholly owned subsidiary, Haley &Aldhch
Construction Samkmo. Inc. (hereinafter referred toau''ENG|NEER'); said corporations being licensed and
registered to do business in the State of VVanhington, and will provide environmental engineering and
remediation services under this Agreement for Remedial Action and Long Term Monitoring Plan 2312 VV
Nob Hill Blvd (Tiger Oil) Site Cleanup on behalf of the City of Yakima, Project No. EV2999, herein referred
to as the "PROJECT."
WIT0ESSETH:
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
VVHEREAS. ENGINEER represents that it is 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 esfollows:
SECTION INCORPORATION C}FRECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OFSERVICES
2.01 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both partiee, 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,
Julie VVuke|io as Principal -in -Charge throughout the term of this Agreement unless other
personnel are approved bythe CITY.
2.1 ENGINEER agrees to perform those tasks described in Exhibit A. entitled
^Pvnpoo=Jand Scope ofWork for Task 1 Sub -Slab Depressurization System (SSDS)Pilot Testing
and Design" dated S October 2022 (WORK) which is attached hereto and mode a part of this
Agreement auiffully 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 axeouted, and that additional
WORK related to the Project and not covered in Exhibit Amay 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
Page
PROJECT. or request that the ENGINEER perform additional WORK beyond the scope ofthe
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
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 mutually agreed
upon contract price and/or completion time adjustment pursuant to this Agreement shall be
made and this Agreement shall be modified in writing and accepted by the parties hereto.
2.2"2 Compensation for each such request for Additional Services ahmU be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit A, 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 oo
authorized byCITY and agreed tobythe ENGINEER inwriting.
23 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the date
ofthe ENG|NEER'oreceipt ofthe written notification ofchange.
SECTION TERM
31. The term for this AGREEMENT aho|| be from the date of signature of both parties through
December 31.2O23.
SECTION C|TY'S RESPONSIBILITIES
4.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S
poaaooe/on relating tothe ENGINEER'S services onthe PROJECT including information on any
pre-existing conditions known to the CITY that constitute hazardous waste contamination on the
PROJECT site aedetermined byanauthorized regulatory agency.
4.2 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.
43 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, dnawingo.
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
aucountant, auditnr, bond and financial advioono, and other consultants as CITY deems
appropriate,- and render in writing decisions required of CITY in a timely manner. Such
examinations and deoieiona, hnwever, ehuU not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care applicable
to its profession.
4.4 CITY shall appoint eCITY'SRepresentative with respect to WORK to be performed under this
Agreement. C|TY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall beentitled tureasonably rely onsuch instructions made by
the C|TY'S Representative unless otherwise directed in writing bythe CITY, but ENGINEER shall
be responsible for bringing tothe attention ofthe C|TY'S Representative any instructions which the
ENGINEER believes one inodoqunte, inoomp|o&*, or inaccurate based upon the ENGINEER'S
knowledge.
4.5 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 professional
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
douumente, oen/iuoa, and reports and drawing conclusions from them.
SECTION 5 AUTHORIZATION, PROGRESS, AND COMPLETION
51 |nsigning this AGREEMENT, CITY and ENGINEER agree that atsuch time amthe CITY provides
EXHIBIT /\ ENGINEER shall begin work. The time for completion ofeach task shall beammutually
SECTION 6 COMPENSATION
6.1 COMPENSATION ONATIME SPENT BASIS ATSPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit A - Standard 'Fee Schedule 2022
PNVV, attached hereto and incorporated herein by this refevanco, on atime spent basis plus
reimbursement for direct non -salary expenses.
6.11 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those coots
incurred on or directly for the PROJECT inc|uding, but not limited to, necessary
transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging-,
laboratory teats 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
aimi|arcoato. Reimbursement for Direct Non -Salary Expenses will beonthe basis ofactual
charges plus a reasonable markup, not toexceed ten pencent(1OY6). and on the basis of
current rates when furnished by ENGINEER. Estimated Direct Non -Salary Expenses are
shown inExhibit A.
6.111 Travel costs, including traneportotion, lodging, aubsishanoe, and incidental
expenses incurred by employees of the ENGINEER and each of the
Guboonau|tantninconnection with PROJECT WORK; provided, aofollows:
^ That amaximum ofU.S.INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the npendion, maintenanoe, 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 ofground 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 onayearly basis.
* That accommodation shall beatareasonably priced hote|/mote|.
° That air travel shall be by coach o|aoe, and shall be used only when
absolutely necessary.
6�.2 Telephone charges, computer charges, in-house reproduction charges, firstclass postage,
and FAX charges are not included inthe direct expense costs, but are considered included
in the Schedule of Specific Hourly Billing Rates.
6.1.3 Professional Subnonau|tanta. Professional Gubcunau|tento are those costs for
onginenhng, amhdeotuva, geobaohnioa| services and similar professional services
approved by the CITY. Reimbursement for Professional Subconau|tantewiU be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for
services provided tothe CITY through this Agreement. Estimated Suboonau|tantcosts are
shown inExhibit A.
02 Unless specifically authorized inwriting bythe CITY, the total budgetary amount for this PROJECT
shall not exceed One Hundred Fifty Thousand Fifty -Seven Dollars ($150.057). The ENGINEER
shall make all reasonable offodo 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 budg*t, 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 extant an 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.
03 The ENGINEER shall submit tothe City'o 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
ofthe invoice and not covered bypreviously submitted invoices. The ENGINEER shall submit with
each invoice a summary of time expended on the PROJECT for the nu/rent billing period, copies
ofoubconau|tont invoioeo, and any other supporting materials and details determined necessary
by the City (osubstantiate 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 ifany 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
bem(o). The ENGINEER may resubmit such item(s) in a subsequent invoice together with
additional supporting information requested.
6.4 If payment is not made within sixty (60) days following receipt of approved invoices, intereston the
unpaid balance shall accrue beginning with the sixty-first (G1*)dayattherabenf1.0Y6permorkh
or the maximum interest rate permitted by |aw, whichever is less; provdod, however, that no
interest shall aoomo pursuant to Chapter 3976 RCVVwhen before the date of timely payment a
notice of dispute is issued in good faith by the CITY tothe ENGINEER pursuant tothe terms of
RCVV3Q76.O2O(4).
0.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-
five(45)dayoefterosdiufamhzryoomp|etkznoftheaamicoorequiredbythioAg/eementaonvidenued
by C|TY'avvrh±en acceptance and after such audit orverification as CITY may deem necessary,
together with ENGINEER's execution and delivery of a release of all known payment claims against
CITY arising under or by virtue of this Agnaement, other than such payment o|aimn, if any, as may
be specifically exempted by the ENGINEER from the operation of the release in stated amounts to
be set forth therein.
8.6 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 onnndbutn a wmiv*r, romiaoion, or discharge by CITY of any failure or fault
of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 7 RESPONSIBILITY OF ENGINEER
7.1 The ENGINEER shall beresponsible foxtheprofessional quality, technical adequacy and accuracy,
timely completion, and the coordination of all plans, designs, drawings, specifications, reports, and
other services furnished bythe ENGINEER under this Agreement. The ENGINEER shall, without
additional compensation, correct orreview any errors, omissions, orother deficiencies inits plans,
deoigns, dnawingo, upeoifivatkona, neporte, 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 budged, on time, and in compliance with applicable |awm,
msgu|ationo, and permits.
7.2 C|TY'Sreview orapproval of, nrpayment 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 adequany, oomp|ehanesa, or accuracy of its WORK and the
PROJECT WORK. C|TY'S naview, epprova|, 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.
7.3 in performing WORK and services hereunder, the ENGINEER and its ouboonbaohom,
aubconou8onta, emp|oyeeo, agenta, 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 shall not make any claim, demand, or application to or for any right or
privilege applicable toanofficer oremployee ofCITY. The ENGINEER shall besolely responsible
for any claims for wages or compensation by ENG|NEER'o emp|oyees, ag*/to, and
repreoentativeo, including oubonnou|tants and ouboontraobone, and shall save and hold CITY
harmless therefrom.
7.4INDEMNIFICATION AND HOLD HARMLESS:
7.41 ENGINEER shall take all necessary precautions in performing the WORK to prevent injury to
persons orproperty, The ENGINEER agrees torelease, indemnify, defend, and hold harmless
the City, its elected and appointed dfficia|e, offioera, emp|oyeee, aQontm, repmnentat|vea,
inxunam, atborneya, and volunteers from all liabilities, |ooaau, dama0as, and expenses va|cded
to all c|aimo, ouito, arbitration actinno, inventigationa, and regulatory or other governmental
proceedings arising from or in connection with this Agreement or the acts, failures to act, errors
or omissions of the ENG|NEER, or any of ENG|NEER'a agent(s) or oubcontnaobor(s), in
performance of this Agneement, except for claims caused by the Chy's sole negligence. The
City's right to indemnification includes attorney'm fees and costs associated with establishing
the right toindemnification hereunder infavor ofthe City.
7.4.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the
ENGINEER waives any immunity that may be granted to it under the Washington State industrial
insurance act. Title 51 RCN( solely for the purposes of this indemnification. ENG|NEER's
indemnification shall not be limited in any way by any limitation on the amount of damages,
compensation or benefits payable to or by any third party under workers' compensation ade,
disability benefit acts orany other benefits acts orprograms. ENGINEER shall require that its
subcontractors, and anyone directly or indirectly employed or hired by ENGINEER, and anyone
for whose acts ENGINEER may be liable in connection with its performance of this Agreement,
comply with the terms of this paragraph, waive any immunity granted under Title 51 RCVV.and
assume all potential liability for actions brought bytheir respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
7�4.3 Should a court of competent jurisdiction determine that this Agreement is subject to RCVV
4.24.115, then, in the event ofliability for damages arising out ofbodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the ENGINEER
and the City, the ENG|NEER'o |iobi|ky, including the duty and cost hodefend, ohoU beonly to
the extent ofthe ENG|NEER'onegligence.
74.4 Nothing contained in this Section or this Agreement shall be construed to create a liability or a
right of indemnification in any third party.
7.4.5 The terms of this Section shall survive any expiration or termination of this Agreement.
7.5 In any and all o|uime by an employee of the ENG|NEER, any ouboontnsotor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be |iab|e, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compennation, or benefits payable by orfor 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, RCVV. Such waiver has been mutually negotiated by the
ENGINEER and the CITY.
7.6 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
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for contractors' compliance with laws
and regulations. CITY aho|| use its best efforts to ensure that the construction contract requires
that the contractor(s) indemnify and name CITY, the C|TY'o and the ENG|NEER'o offioars,
prinoipa|u, emp|wyeao, ugento, noprenentadveo, and engineers as additional insureds on
contractor's insurance policies covering PR0JECT, exclusive of insurance for ENGINEER
professional liability.
77 ENGINEER shall be ao|a|y responsible for and shall pay all (exeo, deduntiono, and aoeaeumente,
including but not limited to federal income tox. HCA, social security tax, assessments for
unemployment and industrial injury inouuanoe, and other deductions from income which may be
required by law or assessed against either party as a naauU ofthis Agreement. In the event the
City is assessed a tax or assessment as a result of this Agreement, ENGINEER shall pay the same
before dbecomes due.
7.8 SUBSURFACE INVESTIGATIONS: In soils, foundabon, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive testpoints and
sample intervals and at locations other than whore obaen/ation, exp|nradon, and investigations
have been made. Because of the inherent uncertainties in subsurface eva|uadiono, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and/or
execution. These conditions and coot/execution effects are not the responsibility of the
ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard
of professional care, thoroughness and judgment in performing such investigations.
SECTION 8 PROJECT SCHEDULE AND BUDGET
81 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 attached Exhibits. 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 ofthis 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,
no/the budget increased because of any unwarranted delays attributable to the ENG|NEER, but
may be extended or increased by the CITY in the event of delay caused by special services
requested by the CITY orbecause ofunavoidable delay caused by any governmental action or
other conditions beyond the control of the ENGINEER which could not be reasonably anticipated
or avoided.
8.2 Not later than the tenth (1 0w) day of each calendar month during the performance of the PROJECT,
the ENGINEER shall submit to the C|TY'e 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 nna| or written reports shall be prepared at the C|TY'n request for
presentation toother governmental agencies and/or tothe public.
SECTION 9 REUSE OFDOCUMENTS
91 All internal WORK products of the ENGINEER are instruments or services of this PROJECT. There
shall be no nauae, changa, o/ alteration by the CITY or others acting through or on behalf ofthe
CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and
will beatthe C|TY's aoka risk. The CITY agrees to indemnify the ENGINEER and its officers,
employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs
inn|uding, but not limited to. litigation expenses and attorney'afeee arising out of or related to such
unauthorized reune, nhange, or alteration; provided, however, that the ENGINEER will not be
indemnified for such claims, damages, |naoeu, and costs including, without limitation, litigation
expenses and attorney fees if they were caused by the ENG|NEER'e own negligent acts or
omissions.
92 The ENGINEER agrees that any and all plann, drawingo, deoignu, npeoificaUono, computer
prognams, technical napodn, operating manuals, oobu|adona, nob*a, 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 Agneement, whether or not uomp|ehe, shall be owned by and vested in the
8.3 All rights hopatents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modificadone, 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 orlicense tosuch Intellectual Property.
SECTION10 AUDIT AND ACCESS TO RECORDS
101 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
C|TY'e duly authorized nepreaenbtive, shall have access tosuch books, reuorda, dooum*nta, 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 tosuch booka, nacon/a, and documents during the
performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER's
WORK and invoices.
102 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.
10.3 The ENGINEER agrees to the disclosure of all information and reports resulting from oco*ao to
records pursuant tothis 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 ENGINEER's
written comments, if any.
10.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK onthe Project.
10.5 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 11 INSURANCE
At all times during performance of the WORK or ob|kJoUono under this Agreement, ENGINEER
ohoU 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
ofthis Agreement. ENGINEER shall provide and maintain in force insurance in limits no less than
those stated ba|mw, as applicable. The CITY neoenx*o the right to require higher limits should it
deem knecessary inthe best interest ofthe public. |fENGINEER carries higher coverage limits
than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and
Endorsements and ENGINEER ohoU be named as an additional insured for such higher limits.
Failure by the City to demand such verification of coverage with these insurance requirements or
failure of the City to identify a deficiency from the insurance documentation provided shall not be
construed as e waiver of ENG|NEER'a obligation to maintain such insurance. ENG|NEER'o
insurance coverage shall be primary insurance with respect to those who are Additional Insureds
under this Agreement. Any ineunanoe, uo|Anounonce or insurance pool coverage maintained by
the City shall be in excess of the ENG|NEER's insurance and neither the City nor its insurance
providers shall contribute to any eett|emonte, defense ooate, or other payments made by
ENG|NEER'oinaurance.
Commercial General Liability Insurance. Before this Agreement 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 po|ioy, 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 ($2000.000.00) 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 Agreement. The policy shall name the C|TY, he elected and appointed
officials, officers, agents, employees, and volunteers as additional insureds. The insured
shall not cancel or change the insurance without first giving the CITY thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or
companies rated A-VII or higher in Best's Guide and admitted in the State of Washington.
11.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER mmno any wahiokae, before this Agreement is fully executed by the
partios. ENGINEER shall 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 po|icy, subject to minimum limits of
Two Million Dollars ($2.000.800.00) per occurrence combined single limit bodily injury
and property damage. Automobile liability will apply ho"Any Auto" and boshown onthe
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 Agreement, which is Section 10.1.1entit|ed
"Commercial General Liability Insurance".
C. Under either situation described above inSection 1O1.2.o.and Section 1O.12b,
the required certificate of insurance shall clearly state who the provider is, the coverage
amnunt, the policy number, and when the policy and provisions provided are in
effect. Said policy shall beineffect for the duration ofthis Agreement. The policy shall
name the C|TY, its elected and appointed offiuia|o, offioera, agonta, emp|oyeeu, and
volunteers aoadditional insureds. The insured shall not cancel orchange 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 inthe State ofWashington.
111.3. Statutory workers' compensation and employer's liability insurance as required by state
11.1/4. 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 po|icy, 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 boineffect for the duration ofthis 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 A4/|| or higher in Beat'n Guido. If the policy is written on a claims made basis the
coverage will continue in force for an additional two years after the completion of this
contract.
Failure of either or all of the additional insureds to report dein under such insurance
shall not prejudice the rights of the C|TY, its elected and appointed offickals, officers,
employees, agents, and representatives there under. The CITY and the C|TY'selected
and appointed officials, offioero, principa|n, emp|oyeea, n*pnysentativea, and agents shall
have no obligation for payment of premiums because of being named as additional
insureds under such insurance. None ofthe policies issued pursuant hothe requirements
contained herein shall be oanua|ed, allowed to expira, 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 nrchange.
11.2 If at any time during the life of the Agreement, or any extension, ENGINEER fails to maintain the
required insurance in full force and effec, all work under the Agreement shall be discontinued
immediately. Any failure to maintain the required insurance may be sufficient cause for the City to
terminate the Agreement.
SECTION 12 SUBCONTRACTS
121 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement. However, ENGINEER shall be
considered the Prime Contractor hereunder and shall be the sole point of contact with regard to all
contractual matters arising hareundor, including the performance of WORK and payment of any
and all charges resulting from contractual obligations,
122 Any euboonnultantu orsubcontractors tothe ENGINEER utilized on this PROJEC1, including any
substitutions thereof, will be subject to prior approval by C|TY, which approval shall not be
unreasonably withheld. Each subcontract shall besubject toreview bythe C|TY'eRepresentative,
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 baresponsible for the architectural and engineering performance, acts, and omissions ofall
persons and firms performing subcontract WORK.
12.3 The CITY anfic.ij)afr-,,-,, that the ENGWE-ER vvil/ requirp subcontractors to perform the
following work incluchog but not lit-nited to,Traffic Cootrol, drilling, and testing.
12.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed
by oubconsuUonte and subcontractors during the preceding month and copies of all invoices
12.5 If dissatisfied with the bookgmund, perfurmanue, and/or general methodologies of any
subcontractor, the City may request inwriting thattheouboontractorbenemoved. The ENGINEER
shall comply with this request at once and shall not employ the subcontractor for any further WORK
under this Agreement.
SECTION 13 ASSIGNMENT
13.1 This Agreement is binding on the heiro, eucoaaoom 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 beunreasonably withheld. The ENGINEER for itself and its heirs, executors,
adminiatnatom, successors and aanigns, does hereby agree to the full performance of all of the
covenants herein contained upon the part of the ENGINEER. It in expressly intended and agreed
that no third party beneficiaries are created by this AQreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 14 INTEGRATION
14.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. Noprior oral orwritten understanding shall beofany force oreffect with respect
(othose matters covered herein. This Agreement may not bemodified oraltered except inwriting
signed byboth parties.
SECTOWi5 JURISDICTION AND VENUE
151 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. Ifany part ofthis
Agreement infound to conflict with applicable |own, such part shall be inoperatiwa, nuU, and void
insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and
effect. Venue for all disputes arising under this Agreement shall lie in a court of competent
jurisdiction inYakima County, Washington.
SECTION 16 EQUAL EMPLOYMENT and NONDISCRIMINATION
16.1 During the performance of this Agnaement. ENGINEER and ENG|NEER's aubconaultanta and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or
regulation on the basis of age, nex, naoe, oveed, na|igion, co|or, national origin, marital etotua,
disabi|hy, honorably discharged veteran ormilitary status, pnagnancy, sexual orientation, and any
other classification protected under federal, state, nrlocal law. This provision shall include but not
be limited to the following: emp|oyment, upgrading, demotion, tnonsfer, recruitment, advertising,
layoff nrtermination, 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 17 SUSPENSION OFWORK
171 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond C|TY'a 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 ENG|NEER'o control are interfering with
normal progress ufthe WORK. ENGINEER may suspend WORK onthe PROJECT inthe 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 (SO) dayo, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended portion
ofProject inaccordance with SECTION 17.
SECTION 18 TERMINATION OF WORK
181 Either party may terminate this Agreement, inwhole orinpart, if the other party materially breaches
its obligations under this Agreement and is in default through no fault of the terminating party.
Mowaver, nnsuch termination may be effected unless the other party is given: (1) not less than
fifteen (15)calendar days written notice delivered by certified mai|, return receipt requested, of
intent to terminate; and (2) on 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.
18.2 |naddition totermination under subsection 17.1 o/this Section, CITY may terminate this Agreement
for its convenience, inwhole orin part. provided the ENGINEER iogiven: (1) not less than fifteen
(15) calendar days written notice delivered by certified mei|, return receipt requasted, ofintent tn
terminate; and (2) an opportunity for consultation with CITY before the effective termination date.
18.3 If CITY terminates for default on the part of the ENQNBER, 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,
o/ is likely to inour, 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 orofatype 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
nomp|eteit. 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.
18.4 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, un|000
CITY determines toassume said commitments.
18.5 Upon receipt nfatermination notice under subsections 181 or18.2above, 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, d/awingo, openifioationo, ca|cu|atinno,
naporte, eohmatea, oumma/ieo, and such other info,mation, douumento, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement,
whether completed or in progveoa, with the ENGINEER retaining copies of the same.
18.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK
to completion utilizing other qualified firms orindividua|n� provided, the ENGINEER shall have no
responsibility to prosecute further WORK thereon.
187 If, after termination for failure of the ENGINEER to fulfill contractual ob|igadona, 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 aeset forth in subparagraph 18.4ofthis Section.
18.8 If, because of death, unavailability or any other ocounenoo, it becomes impossible for any key
ENGINEER to render his services tothe 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 proviaion, payment
shall bemade aaset forth insubparagraph 18.3ofthis Section.
SECTION 19 DISPUTE RESOLUTION
191 In the event that any dispute shall arise as to the interpretation or performance 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 asameans toresolve the dispute. |fneither ofthe afore mentioned methods are
successful then any dispute relating tothis Agreement shall be decided in the courts of Yakima
County, inaccordance with SECTION 15. |fboth parties consent inwriting, other available means
of dispute resolution may be implemented.
SECTION 20 NOTICE
201 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 beconsidered issued and effective upon receipt thereof
bythe addraoaee-party. orseventy-two (72) hours after mailing by certified mail tothe place of
business set forth below, whichever ioearlier.
CITY� City of Yakima
12QNorth 2nuStreet
Yakima, VVAQ8QO1
Attn: Bill Preston
ENGINEER: Haley & Aldrich, Inc.
3131 Elliott Avenue, Ste 6UO
Seattle, VVAA8121
Attn: Julie Wukelic, CEM, Principal -in -Charge
SECTION 21 INSPECTION AND PRODUCTION OFRECORDS
211 All records in all formats relating to the WORK uhaU, at all timeo, be subject to inspection by and
with the approval of the Cby, but the making of (or failure or delay in making) such inspection or
approval shall not relieve ENGINEER of responsibility for performance of the WORK in accordance
with this Agreement, notwithstanding the City'a knowledge of defective or non -complying
porfonnanoe, its substantiality or the ease of its discovery. ENGINEER shall provide the City
aufhoiont, oafe, and proper faoi|itiem, and/or send copies of the requested documents to the City.
ENGINEER's records relating to the WORK will be provided to the City upon the City's request.
21.2 ENGINEER shall promptly furnish the City with such information and records which are related to
the WORK ofthis Agreement aomay berequested bythe City. Until the expiration ofsix (8)years
after final payment of the compensation payable under this Agn*emont, or for a longer period if
required by law orbythe Washington Secretary ofState'u record retention oohedu|e. ENGINEER
shall retain and provide the City access to (and the City shall have the right toexamine, audit and
copy) all ofENG|NEER'n booku, douumento, papers and records which are related tothe WORK
performed by ENGINEER under this Agreement. Prior to convnrtinq any paper records to
electronic format andior des\royinq any records, ENGINEER nheU contact C|Ty.s Records
Administrator_k5O9-575-6037� to discuss retention. In no event shall any record relating to the
WORK bedeotroyedwithout CITY consultation.
21.3 All records relating to ENS|NEER'u services under this Agreement must be made available to the
City, and the records relating tothe WORK are City ofYakima records. They must beproduced to
third parties, if required pursuant to the Washington State Public Records Act, Chapter 42.56 RCW,
or by law, All records relating to EN8|NEER's services under this Agreement must be retained by
ENGINEER forthe minimum period of time required pursuant to the Washington Secretary of State's
records retention schedule.
paov11
21.4 The terms of this section shall survive any expiration or termination of this Agreement.
SECTION 22 COMPLIANCE WITH THE LAW
221 ENGINEER agrees toperform all WORK under and pursuant tothis Agreement infull compliance
with any and all applicable |awo, m|ea, and nagu|edkzna adopted or promulgated by any
governmental agency or regulatory body, whether federal, obaha. |ooa|, or otherwise, including
policies adopted by the Chy, as those |ewo, ordinannen, ru|oa, nsgu|otiona, and policies now exist
or may hereafter baamended or enacted. ENGINEER shall procure and have all applicable and
necessary pennKo. licenses and oppmve|e of any federal, state. and local government or
governmental authority or this project, pay all charges and fees, and give all notices necessary and
incidental tothe due and lawful execution ofthe work.
222 ENGINEER shall procure and have all applicable and necessary pannite. licenses and approvals
of any federal, state, and local government or governmental authority or this project, pay all charges
and fees, and give all notices necessary and incidental tothe due and lawful executionofthewmrk.
2221 Procurement of City Business License. ENGINEER must procure e City of Yakima
Business License and pay all charges, fees, and taxes associated with said license.
22.2.2 ENGINEER must provide proof ofavalid Washington department of Revenue ababa excise
tax registration number, an required in Title 85 RCVV.
22.2.3 ENGINEER must provide proof ofa valid Washington Unified Business Identification (UB|)
number. ENGINEER must have ocurrent UB|number and not bedisqualified from bidding
onany public works contract under RCVV3Q.OS.1O1 or3G]2.UG5(3).
222/4 ENGINEER must provide proof ofa valid Washington Employment Security Department
number as required by Title 50 RCW.
22.2.5 Foreign (Non -Washington) Corporations: Although the City does not require foreign
corporate proposers to qualify in the City, County or State prior to submitting a proposal, it
is specifically understood and agreed that any such corporation will promptly take all
necessary measures to become authorized to conduct business in the City of Yakima, at
their own expenoe, without regard towhether such corporation iaactually awarded the
uontxmd, and in the event that the award is made, prior to conducting any business in the
SECTION 23 MISCELLANEOUS PROVISIONS
23.1 Nondiscrimination. During the performance mfthis Agreement, the ENGINEER agrees aafollows:
The ENGINEER shall not discriminate against any person onthe grounds of race, onaed, co|or,
ve|igion, national origin, eex, aQe, marital status, sexual orientation, gender identity, pnagnanoy,
veteran's otatue, political affiliation or belief, or the presence of any ooneory, mental or physical
handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or
the Americans with Disabilities Act (42USC12101eteeql This provision shall include but not be
limited tothe following: emp|oyment, upgnading, demotion, tmnsfer, recruitment, advertising, layoff
or termination, rates of pay or other forms of compensation, selection for training, and the provision
of WORK under this Agreement. /n the event of the ENG|NEER'a noncompliance with the non-
discrimination clause ofthis contract orwith any such ru|as, regu|ationa, or orders, this Agreement
may be conoeUod, temninated, or suspended in whole or in part and the ENGINEER may be
declared ineligible for any future City contracts.
232 Pay transparency nondiscrimination. The ENGINEER will not discharge or in any other manner
discriminate against employees or applicants because they have inquired ebout, dieouosed, or
disclosed their own pay or the pay ofanother employee or applicant. Howevar, employees who
have access to the compensation information of other employees or applicants as a part of their
essential job functions cannot disclose the pay of other employees or applicants to individuals who
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.
titt7erie-v
Printed Name:.
TteQjynaeJ
Date
Attest(
-City Cie
t At4C'
Resolution: R-2022- 11
Contract 20227.. ciit vii*D
HALEY & ALDRICH, INC.
Title:
Date' 40/V
AkA
A,AAA‘Ak
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Page 14
do not otherwise have access to compensation information, unless the disclosure is (a) in response
to a formal complaint or charge. (b) in furtherance of an investigation, proceeding, hearing, or
action, including an investigation conducted by the employer, or (c) consistent with the contractor's
legal duty tofurnish information.
23.3 Severabi|dy. If any term or condition of this Agreement or the application thereof to any person(s)
or circumstances is held inva|id, such invalidity shall not affect other tonme, conditions or
applications which can be given effect without the invalid tenn, condition or application. To this
end, the terms and conditions ofthis Agreement are declared severable.
234 Agreement documents. This Agreement, the Request for Qualifications & Proposals titled ^RFPfor
2313 VV Nob Hill Blvd (Tiger 0i|) Site Cleanup", Scope of VVork, oonditkzns, addenda, and
modifications and ENG|NEER'm proposal (to the extent consistent with Yakima City documents)
constitute the Agreement Documents and are complementary. Specific Federal and State |owm
and the terms of this Agreement, in that order respectively, supersede other inconsistent provisions,
These Agreement Documents are on file in the Office of the Purchasing Manager, 129 No. 2nd St
Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement.
23.5 Notice of change in financial condition. If, during this Agreement, the ENGINEER experiences a
change in its financial condition that may affect its ability to perform under the Agreement, or
experiences a change of ownership or control, the ENGINEER shall immediately notify the City in
writing, Failure tonotify the City ofsuch ochange infinancial condition orchange ofownership or
control shall besufficient grounds for termination.
23.6 No conflicts of interest. ENGINEER representeUhatdo/hu employees do not have any inbsn*e
and shall not hereafter acquire any interest, direct orindirect, which would conflict inany manner
or degree with the performance of this Agreement. ENGINEER further covenants that it will not
hire anyone or any entity having such a conflict of interest during the performance of this
237 Promotional advertising prohibited. Reference to or use of the Cdy, any of its departmentm,
agencies orother subunits, orany official uremployee for commercial promotion is prohibited
'
News releases pertaining to this procurement shall not be made without prior approval of the City'
Release of broadcast emails pertaining to this procurement shall not be made without prior written
authorization ofthe City.
23.8 Time isofthe essence. Timely provision ofthe WORK required under this Agreement shall beuf
the essence of the Agreement, including the provision of the WORK within the time agreed or on a
date specified herein.
23.9 Waiver of breach. A waiver by either party honabo of a breach of 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 ofany subsequent breach thereof. Lenienoy, delay or failure of either party to insist upon
strict performance of any agnyament, covenant or condition of this Agreement, or to exercise any
right herein given in any one or more inetonoea, shall not be construed an a waiver or
relinquishment ofany such agreement, covenant, condition orright.
23.10 Force Nia/eure. ENGINEER will not be responsible for delays in delivery due to acts of God, fina,
strikes, riots, delay in transportation, or those effects of epidemics or pandernics that could not have
been reasonably anticipated or mitigated through ooto of the ENGINEER; provided ENGINEER
notifies the City immediately in writing of such pending or actual delay. Normally in the event of
such delays, the date of delivery of WORK will be extended for a period of time equal to the time
lost due tothe reason for delay.
23.11 Authority. The person executing this Agreement onbehalf ofENGINEER represents and warrants
that they have been fully authorized by ENGINEER to execute this Agreement on its behalf and to
legally bind ENGINEER to all terms, performances, and provisions of this Agreement.
2312 Survival. The foregoing sections of this Agnaement, induoive, ahoU survive the expiration or
STATE OF WASHINGTON
) ss..
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Bob Harrison is 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:
Seal or Stamp
Title
Printed Na
My commission expires;,
Page 15
STATE OF WASHINGTON
COUNTY OFYA < I A 1 16 ,,y
/ certify that |know or have satisfactory evidence thatis the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that
he/she was authorized toexecute the instrument, and acknowledged haethe _ of
to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Seal or Stamp
�Ut%%%�
]I,
ITG
EXHIBIT
SCOPE OF,",ORK
HALEY & ALDRICH, INC.
3131 Elliott Avenue, Suite 600
Seattle, WA, 98121
206.324.9530
5 October 2022
File No. P204793-000
City of Yakima, Office of the City Clerk
Yakima City Hall
129 N. 2nd Street
Yakima, WA 98901
Attention: Mr. Bill Preston, P.E., Yakima City Engineer
Subject: Former Tiger Oil West Nob Hill Site
Facility Site ID: 469, Cleanup Site ID: 4919
2312 W. Nob Hill Blvd, Yakima, Washington 98902
Proposal and Scope of Work for Task 1
Sub -Slab Depressurization System (SSDS) Pilot Testing and Design
Haley & Aldrich, Inc. (Haley & Aldrich) is pleased to submit this proposal for engineering and
environmental services in connection with the above -referenced site (the Site).
Project Understanding
The Site (Washington State Department of Ecology [Ecology] Facility Site No. 469, Cleanup Site No. 4919)
is located at 2312 West Nob Hill Boulevard, in Yakima, Washington. Site is specific to where
contamination resulting from former operations at the former Tiger Oil facility (the Property) has
come to lie, irrespective of property boundaries. A retail gasoline station had operated on the Property
from 1978 until 2001. Currently, there are no commercial activities at the gravel -surface undeveloped
Property. Several fuel releases at the Property during its active facility operations had resulted in
gasoline petroleum fuel impacts to soil and groundwater at the Property as well as to the adjoining
parcels to the east, south, and southeast (the Site — Figure 1). Interim remediation and groundwater
monitoring activities conducted at the Site are conducted under Amended Consent Decree
No. 02-2-00956-22.
The Property is owned by Heyden Properties, LLC (Heyden Properties). The City of Yakima was formerly
the property owner until 2019. The Property is currently zoned as "B-2" with designation of future land
use as Community Mixed Use. Access to the Property is from West Nob Hill Boulevard and South 24th
Avenue, adjacent north and west, respectively, of the Property.
Until it was purchased by Tiger Oil Corporation (New Tiger) in 1987, the Property was operated by the
Tiger Oil Company as a retail fuel station. New Tiger operated the Property as an Exxon -branded fuel
station and convenience store from 1987 until 2001. All commercial operations ceased in 2001 and the
Property has remained vacant since (Ecology, 2021). The fuel station included four underground storage
www.haleyaldrich.com
City of Yakima
5 October 2022
Page 2
tanks (USTs) (one 20,000-gallon, two 10,000-gallon, and one 8,000-gallon tank) and associated product
lines. The system was used for bulk petroleum storage and distribution.
It was estimated that approximately 20,000 gallons of petroleum -related product had been released
from the Property's UST system in the early 1980s. Several recovery wells had been installed by early
1983 at the Property and on adjacent parcels to the east and south. By March 1984, approximately
16,000 gallons of LNAPL had been extracted from the recovery wells (Ecology, 2021).
Groundwater monitoring was being conducted on a semiannual basis at the Site. Figure 1 presents the
location of monitoring wells at the Site. Groundwater monitoring events in 2021 indicated that LNAPL
thicknesses had ranged from 0.005 to 2.79 feet within the source area at the Property and at immediate
area downgradient to the east-southeast. Figure 2 presents the estimated extent of residual LNAPL.
Groundwater analytical results of the 13 compliance monitoring wells sampled during the May 2021
monitoring event indicated that gasoline -range total petroleum hydrocarbons (TPHs) exceedances
ranged from 1,800 micrograms per liter (ug/L) to 15,000 ug/L, above the Washington State Model Toxics
Control Act (MTCA) cleanup level (CUL) of 800 ug/L. Groundwater analytical results also showed that
benzene exceedances had ranged from 5.1 ug/L to 680 ug/L— above the MTCA Method A CUL of 5 ug/L.
The core of the dissolved -phase plume includes monitoring wells exhibiting the highest concentrations
of gasoline -range TPH and benzene, toluene, ethylbenzene, and total xylenes (BTEX) constituents.
Monitoring wells YMW-1, YMW-2, YMW-3, MW-13, and S-2 are adjacent to and/or downgradient of the
area where residual petroleum -contaminated soil was not accessible during the interim remedial action
Figure 2).
Additionally, groundwater at the Site is also impacted by halogenated VOCs, typically associated with
solvents from dry cleaning operations. Groundwater at the Site exhibits detections of tetrachloroethene
(PCE), at concentrations (11 ug/L to 28 ug/L) above the MTCA Method A CUL (5 ug/L). Vinyl chloride, a
breakdown product of PCE, was also exhibited at concentrations (0.63 ug/L and 0.98 ug/L) above its
MTCA Method A CUL (0.5 ug/L) (Ecology, 2022).
It is our understanding that indoor air quality assessment at the three adjoining businesses (Xochimilco
Mexican Restaurant, Barber HQ, and 1Up Games) to the Property) has indicated the presence of
gasoline -range TPH, benzene at concentrations above Ecology Indoor Air Method B Cancer CULs. and
PCE and trans-1,2-dichloroethene were detected at the Xochimilco Mexican Restaurant (Xochimilco)
albeit below their respective Indoor Air Method B CULs.
Haley & Aldrich is proposing to install an active sub -slab depressurization system (SSDS) to mitigate
vapor intrusion from shallow groundwater and sub -slab soil into the indoor air of the adjacent three
businesses to the Property. The proposed SSDS will consist of fans/blowers that draw vapors from the
soil beneath the buildings through suction pits and discharges the vapors to the atmosphere through a
series of pipes. The system will be designed to decrease the air pressure in the soil beneath the
building's floor slab. By maintaining a pressure slightly lower than ambient air pressure beneath the
buildings, soil vapors are prevented from entering the buildings where they could pose a threat to
human health.
City of Yakima
5 October 2022
Page 3
We are proposing to conduct a SSDS field diagnostic pilot test (pilot test) before the design and
installation of the SSDS to aid in the design of the most suitable and cost-effective mitigation strategy, as
well as to better quantify the overall magnitude and size of the required mitigation system. The results
of the pilot testing will be used to finalize the optimum system layout, SSDS well radius of influence
(ROI) and well placement spacing, fan/blower specifications, the number of SSDS suction points/vapor
extraction points (VEPs), and fan/blower installation location (i.e., roof/wall mounted vs. a centralized
on -ground skid/shed enclosed process equipment) as presented in the preliminary conceptual system
design included in this proposal.
Preliminary SSDS Conceptual Design
The SSDS well placement is based upon the predicted ROI of the SSDS wells that is also referred to as the
design basis. The assumed ROI of each VEP is 20 feet, minimum. Based on the on -site and off -site extent
and distribution of the constituents of concern (COC) soil vapor concentrations, groundwater impacts,
indoor air COC concentration exceedance locations at the three adjoining businesses to the Property,
and the assumed SSDS well ROI of 20 feet (equivalent to a center -to -center well spacing design of
approximately 35-feet on -center), the preliminary SSDS conceptual design consists of a total of 12
vertical VEP locations. The proposed VEP locations are shown on Figure 3. The assumed vapor extraction
ROI will be verified based on the results of the planned SSDS pilot testing, and hence, the system layout,
well placement spacing, number of wells, well locations, blower/fan specifications, blower/fan
installation location (i.e., roof/wall mounted vs. a centralized on -ground skid/shed enclosed process
equipment) proposed herein will be revised accordingly, as needed.
The preliminary SSDS conceptual design is presented in Figure 3. The system is proposed to be
comprised of 12 exterior VEPs with approximately 35-foot on -center spacing. The extraction points will
be constructed of 2-inch polyvinyl chloride (PVC), Schedule 80 riser pipe, with 0.020-inch slot screens
from 6 to 11 feet below ground surface (bgs) and include flush -mounted well completion with a traffic
rated 3-foot by 2-foot steel well vault, air flow control gate valve, vacuum gauge, and sampling port.
Typical VEP construction details are provided in Figure 4. The exterior VEPs will be installed on the west
and south sides of the Xochimilco building and on the north and east sides of the building housing the
Barber HQ and 1Up Games businesses, as shown in Figure 3.
The SSDS will also be comprised of exterior and interior vapor/vacuum monitoring points (VMPs). Each
building will have three exterior VMPs. In addition, four interior VMPs are proposed for the Xochimilco
Mexican Restaurant, and four interior VMPs are proposed for the Barber HQ and 1Up Games businesses.
The proposed VMP locations are shown on Figure 3. Typical VMP well construction details are provided
in Figure 4. The exterior VMPs will be constructed of 1-inch PVC, Schedule 40 riser pipe, with 0.020-inch
slot screens from 5 to 10 feet bgs and include flush -mounted well completion with a traffic rated 6-inch
diameter steel well box. The interior VMPs are proposed to be constructed of two slightly different
construction details. Two interior VMPs will be VaporPin® type which are small stainless steel Y-inch
diameter (or smaller) points. These points will be installed to shallow depths, just below the concrete
slab, using a small concrete coring machine and completed with a 1-X-inch stainless steel well cap which
will minimize disruptions to the businesses. The other two VMPs will also be installed to shallow depths
but will be constructed using a 1-inch-diameter, 2-foot-long PVC Schedule 40 casing and one 1-foot-long
City of Yakima
5 October 2022
Page 4
PVC Schedule 40, machine -slotted, well screen (0.020-inch slot). These VMPs will be completed within a
flush -mounted traffic rated 4-inch diameter steel well box.
SSDS wellhead assemblies will be provided within the flush -mounted precast steel well vaults (lockable
well box) for each VEP. Wellhead assembly instrumentation and controls (e.g., gate valve, vacuum
gauge, and sample port, etc.) will be located with the precast steel vaults. Below grade 4-inch PVC,
Schedule 80 conveyance piping (installed in trenches) will connect the VEPs to a centrally located SSDS
process equipment shed/container consisting of blower(s), instrumentation, a heat exchanger, and
vapor -phase granular activated carbon (VGAC) units. The SSDS process equipment container will be
located at the southeastern corner of the former Tiger Oil facility or alternatively the equipment will
consist of wall/roof mounted fans/blowers depending upon the equipment sizing to be determined
based on the upcoming SSDS pilot test results. The preliminary proposed VEP wellhead locations, below
grade conveyance piping layout, and the process equipment container location are shown on Figure 3.
The SSDS process equipment will be comprised of regenerative blower(s), a moisture separator, two
500 to 1,000 pounds (Ibs) VGAC units (depending upon the select blower sizing), a heat exchanger, and
an exhaust stack that extends above the roof of the SSDS process equipment container. The system will
be operated using a Sensa-Phone with Autodialer or a Programmable Logic Controller (PLC) with Remote
Telemetry System and Control Panels. A schematic of the proposed SSDS process equipment is provided
in Figure 5.
Scope of Work
We propose to undertake the following services:
Project Kick -Off Meeting, Pilot Test Design, Permitting, Planning, and Coordination
Drilling and Well Installation
Pilot Test Equipment Mobilization and Setup
Pilot Testing
• SSDS Design and Implementation Work Plan
All field construction and setup work (drilling, well installation, equipment setup, etc.) will be performed
under Haley & Aldrich's oversight. All pilot testing activities will be performed by Haley & Aldrich.
TASK 1A: PROJECT KICK-OFF MEETING, PILOT TEST DESIGN, PERMITTING, PLANNING, AND
COORDINATION
Haley & Aldrich proposes a project kick-off meeting with the City of Yakima (the City), Heyden Properties,
and Ecology to discuss the task objectives, details, site logistics, and permitting and planning details.
City of Yakima
5 October 2022
Page 5
Prior to the start of field pilot test activities, the following pilot testing design, permitting, planning, and
coordination activities will be performed:
1. Conduct a site reconnaissance to observe the existing conditions and access for performing a
pilot test;
2. Evaluate the readily available data relevant to the subsurface soil, groundwater, soil vapor, and
indoor air conditions at the Site from geologic maps, boring logs, construction records, and
previous environmental investigation and remedial design/implementation reports;
3. Gather readily available information on the building construction, and heating/ventilation/and
cooling (HVAC) specifications;
4. Design the pilot test program. The test will involve installation of two exterior VEPs and two
exterior VMPs at the west side of the Xochimilco Mexican Restaurant building, and four interior
VMPs; and
5. Arrange for special equipment (i.e., rental blower skid with a capacity of approximately 100
standard cubic feet per minute [scfm] air flow rate at approximately6 inches of mercury [in. Hg]
vacuum, necessary instrumentation and process monitoring equipment, electrical power
generator, two 200 Ibs VGAC units for off -gas treatment, etc.) and services required for
installation of the extraction and monitoring points, and for performing the pilot test. This
includes subcontractor coordination for installation of the extraction and monitoring points, and
a geophysical survey to clear the locations of sub -slab obstructions and buried utilities.
Prior to the start of field activities, a site -specific Health and Safety Plan (HASP) will be prepared to address
potential health and safety concerns for the proposed field activities. The HASP will be prepared in
accordance with the requirements of the Washington State Department of Labor and Industries, Division
of Occupational Safety and Health (DOSH), Washington Industrial Safety and Health Act (WISHA) and the
United States Occupational Health and Safety Administration 29 Code of Federal Regulations 1910.120,
Hazardous Waste Operations and Emergency Response.
The proposed SSDS pilot test rental equipment includes active process equipment components (e.g.,
blower) and VGAC units for the treatment of extracted soil vapors, and therefore will need to be
authorized by the Yakima Regional Clean Air Agency prior to construction, setup, and initiation of the pilot
test startup and operational activities. Accordingly, an air emissions discharge permit will be acquired
and/or notification to the Yakima Regional Clean Air Agency will be performed, as applicable, prior to
initiation of any field activities at the Site.
Haley & Aldrich's drilling contractor will mark each of the planned pilot test VEP and VMP installation
location at the Site and notify the underground utility service alert (i.e., Washington Utility Notification
Center Call in at 811) prior to the start of drilling activities. Each boring location will also be screened and
cleared for utilities by a private utility locator and if necessary, cleared by manual excavation and/or air -
vacuumed to a depth of approximately 3 feet bgs as a final check for potential presence of underground
utilities.
City of Yakima
5 October 2022
Page 6
As previously presented, the pilot test will involve installation of two exterior VEPs and two exterior VMPs
at the west side of the Xochimilco Mexican Restaurant building, on the Property, and four interior VMPs
within the Xochimilco Mexican Restaurant building. Furthermore, the proposed pilot test rental process
equipment (i.e., blower skid, VGAC units, rental generator, etc.) is planned to be temporarily located near
the eastern property boundary of the Property. Prior to initiation of any fieldwork, written authorization
from Heyden Properties, Xochimilco, Barber HQ, and 1Up Games owners and/or tenants will be obtained
for the installation of temporary pilot test infrastructure (wells and equipment, etc.) and for the day-to-day
field activities to be performed at their respective properties as part of the pilot test.
All field activities will be coordinated with Heyden Properties, the City, and Ecology Site Manager,
Xochimilco, Barber HQ, and 1Up Games. Haley & Aldrich will be in direct communications with the City and
Ecology throughout all field activities.
This task is estimated to be completed in approximately 2-3 weeks from project authorization.
TASK 1B: DRILLING AND WELL INSTALLATION
A total of two exterior VEPs (VEP-1 and VEP-2), two exterior VMPs (VMP-1 and VMP-2), and four interior
VMPs (VMP-3 through VMP-6) will be installed for the pilot test. The VEPs will be placed at locations
that attempt to approximate the performance of an active SSDS. The interior VMPs will be placed
radially to evaluate vacuum propagation beneath the Xochimilco building slab. The proposed SSDS pilot
test well locations are depicted on Figure 6. This pilot test extraction and monitoring point network will
also be utilized for and integrated into the full-scale SSDS design. The VEPs will be screened from
approximately 6 to 11 feet bgs and the VMPs will be screened from approximately 5 to 10 feet bgs.
Typical well construction details are shown on Figure 4. The final well depths and locations will be
adjusted and determined during well installation activities based on the field conditions. The proposed
VEPs and VMPs will be installed as follows:
• For the VEPs, limited identification of specific soil intervals will be performed from 0 to 12 feet
bgs. Continuous soil cores will be collected using a split spoon sampler (or equivalent). Soil cores
will be examined visually for geological characteristics and logged, by a Haley & Aldrich geologist.
A dual use direct push & hollow -stem auger drilling unit (truck or track mounted) will be used to
first advance a 2.25-inch diameter boring to 12 feet for soil logging purposes, then ream the boring
with 6-inch or 8-inch diameter augers to construct the VEP.
The VEPs will be constructed using a 2-inch-diameter, PVC Schedule 80 casing and one 5-foot-long
PVC Schedule 80, machine -slotted, well screen (0.020-inch slot) with # 2 filter pack sand placed
from the bottom of the boring to approximately six inches above the top of each screen interval
(Figure 4). VEPs will be screened at approximately 6 to 11 feet bgs.
• Six inches of dry granular bentonite, and two feet of hydrated bentonite chips or pellets will be
placed above the upper filter pack interval to form a transition seal. Cement-bentonite grout will
be placed above the transition seal to ground surface.
• All VEP casing risers will be sealed with a 3-feet diameter geomembrane/well borehole seal near
the surface completion location at approximately 2 to 3 feet bgs.
City of Yakima
5 October 2022
Page 7
All VEPS will be completed with an 8-inch flush -mounted traffic rated cover/well box.
For each VEP, an air -water tight well casing cap (with a lockable plug) will be installed at the top
of well casing within the well box. Wellhead controls for the pilot test including a sample port, a
vacuum gauge, and a gate valve will be installed on an above ground manifold that will be
connected to the top of well casing within the well vault.
The exterior VMPs will be installed using direct push drilling technology to an approximate depth
of 11 feet bgs.
The exterior VMPs will be constructed using a 1-inch-diameter, PVC Schedule 40 casing and one
5-foot-long PVC Schedule 40, machine -slotted, well screen (0.020-inch slot) with # 2 filter pack
sand placed from the bottom of the boring to approximately six inches above the top of each
screen interval (Figure 4). The exterior VMPs will be screened at approximately 5 to 10 feet bgs.
Six inches of dry granular bentonite, and two feet of hydrated bentonite chips or pellets will be
placed above the upper filter pack interval to form a transition seal. Cement-bentonite grout will
be placed above the transition seal to ground surface.
All exterior VMPs will be completed with a 6-inch flush -mounted traffic rated cover/well box.
For each VMP, an air -water tight well casing cap (with a lockable plug) and a sample port will be
installed at the top of well casing within the well box.
The interior VMPs are proposed to be constructed of two slightly different construction details.
Two interior VMPs (VMP-3 and 6) will be VaporPin® type which are small stainless steel X-inch
diameter (or smaller) points. These points will be installed to shallow depths, just below the
concrete slab, using a small concrete coring machine and completed with a 1-X-inch stainless
steel well cap which will minimize disruptions to the businesses. The other two VMPs (VMP-4
and VMP-5) will also be installed to shallow depths but will be constructed using a 1-inch-
diameter, 2-foot-long PVC Schedule 40 casing and one 1-foot-long PVC Schedule 40, machine -
slotted, well screen (0.020-inch slot) with # 2 filter pack sand placed from the bottom of the
boring to approximately six inches above the top of the screen interval. These VMPs will be
completed within a flush -mounted traffic rated 4-inch diameter steel well box.
All drilling and well installation work shall be performed by a Washington licensed driller who will be a
subcontractor to Haley & Aldrich. All drilling and well installation work will be performed under Haley &
Aldrich's oversight.
The location of the VEPs and VMPs will be surveyed and reported as longitude and latitude relative to
North American Datum of 1983. The ground surface and top -of -casing elevation will be surveyed relative
to North American Vertical Datum of 1988.
Investigation -derived -waste (IDW) generated during drilling and well installation activities such as
equipment wash, and rinse water and soil cuttings will be placed into 55-gallon Department of
Transportation approved drums and temporarily stored on Site. The waste will be characterized and
disposed of within approximately 90 days once the characterization of the IDW has been completed and
approved by the regulated disposal facility.
This task is estimated to be completed in approximately 3 to 4 fieldwork days.
City of Yakima
5 October 2022
Page 8
TASK 1C: PILOT TEST EQUIPMENT MOBILIZATION AND SETUP
Rental process equipment, skid mounted, or a temporary container/shed/trailer mounted, meeting the
design specifications as provided in this section will be used at the Site for pilot testing. The rental process
equipment will be equipped with the capacity to extract vapors at approximately 100 scfm at an applied
vacuum of approximately 6 in. Hg or 68 in. H2O vacuum at the inlet of the blower skid. The rental process
equipment will primarily consist of:
A regenerative blower (or approved equivalent), with variable frequency drives (VFDs), with an
air flow rate capacity of approximately 100 scfm at approximately 6 in. Hg or 68 in. H2O vacuum
measured at the inlet of the blower;
One dilution air valve;
One inline particulate filter;
One 60 gallons capacity air moisture separator with demister;
One water/condensate transfer pump rated for 10 gallons per minute flow capacity at a total
discharge pressure head capacity of 50 feet;
Two 200 Ibs VGAC units (depending upon the select blower sizing), installed in series, to be sized
by the equipment supplier based on the SSDS design total air flow rate and anticipated low levels
of vapor concentrations in the system influent;
A heat exchanger, if needed based upon the selected blowers air discharge temperature;
Silencers, if needed, based on noise generated by the blower;
One 10 feet tall air discharge stack constructed of a 4-inches diameter PVC Schedule 40 solid pipe
with supports; and
Valves, instrumentation, and controls, as required.
The rental process equipment, instrumentation, and wiring associated with the enclosure will be
constructed to Class I, Division II Standards as per National Fire Protection Association (NFPA)
National Electric Code (NEC) standards (e.g., NFPA 70 and NFPA 496) and Underwriter Laboratories
(UL 1604) standards. Automatic controls will be provided to protect the process equipment. Process
gauges/indicators will be provided as required to monitor the performance of the system. The main
control panel for the rental equipment will be located inside of the preassembled enclosure and will
be constructed to National Electrical Manufacturer Association (NEMA) 4X standards.
The rental process equipment will be delivered and setup at the Site by the equipment supplier.
All equipment will be temporarily placed near the eastern property boundary of the Property
(Figure 6). A temporary chain -linked fence (approximately 60 linear feet) will be built around the
rental equipment with access gates. The rental equipment will be powered by a tow -behind,
appropriately sized, rental diesel/gasoline electrical generator. The connection of the rental process
equipment main power disconnect to the electrical generator will be provided by a Washington
licensed electrician or a trained professional from the equipment supplier company. The trained
professional from the equipment supplier company may also assist in performing the process
City of Yakima
5 October 2022
Page 9
equipment shakedown/startup to check the proper functionality of all components of the
equipment prior to initiating the SSDS pilot testing.
This task is estimated to be completed in approximately one to two fieldwork days.
TASK 1D: PILOT TESTING
The SSDS pilot test will be conducted for approximately two to three days at extraction well VEP-1. The
extraction well will be fitted with an above ground manifold containing wellhead controls including a
sample port, a vacuum gauge, and a gate valve. A total of three vacuum -air flow rate conditions will be
tested at the extraction well. Initially, a low vacuum will be applied at the extraction wellhead (less than
2 in. Hg). The vacuum will then be increased to the full capacity of the blower (i.e., 6 in. Hg). The vacuum
will then be gradually decreased to reach an approximate mid -point (i.e., 4 in. Hg) while measuring the
resultant air flow rates at the extraction well at all the three vacuum -air flow rate conditions. The
extraction air flow rates at the extraction well will be measured using a Pilot Tube® or a Thermal
Anemometer/Mass Flow Meter. The other extraction well, VEP-2, exterior VMPs (VMP-1 and VMP-2), and
interior VMPs (VMP-3 through VMP-6) will be used as observation points to collect vacuum
influence/propagation data (Figure 6).
Any groundwater and entrained moisture extracted from VEP-1 will be transferred to 55-gallon holding
tank(s) for characterization and off -site disposal. The extracted soil vapor will be treated via two 200 Ibs
VGAC units in series under the Yakima Regional Clean Air Agency permit/authorization.
The observation points used for vacuum observation will be covered with a plastic cap fitted with a %-
inch valve and barbed fitting. The caps will create a tight seal around the well and not allow the vacuum
to escape. Vacuum at the extraction well and observation points will be measured using a hand-held
Digital Manometer/Magnehelic Differential Pressure Gauges connected to the barbed fittings. Water
levels in the wells, if present, will be measured using a manual electronic sounder.
Baseline Data
The following baseline information will be collected and recorded.
Depth -to -water (DTW) measurements in the observation wells (VEP-2, VMP-1, VMP-2, VMP-4,
and VMP-5) and the extraction well (VEP-1) — Note that the DTW cannot be taken at VMP-3 and
VMP-6 since these points are VaporPin® Type;
Vacuum from the observation wells (VEP-2, and VMP-1 through VMP-6);
Hour meter reading at the process equipment unit; and
Totalizer readings at the process equipment unit.
A vapor sample will be collected (in a summa canister) from the extraction well (VEP-1) casings and
analyzed using U.S. Environmental Protection Agency (EPA) Method TO-15 for VOCs, and gasoline-range-
TPH. In addition, wellheads of all the observation points will be monitored with a hand-held photo
ionization detector (PID) during the prior to start of the pilot test extraction activities.
City of Yakima
5 October 2022
Page 10
Operational Field Data
The following data will be collected and recorded during the testing.
Data at the rental process equipment
— System vacuum (in. Hg or in. H2O);
— System air flow rate (scfm);
— Daily influent and effluent vapor concentrations via PID (parts per million by volume)
and via sampling using summa canisters for laboratory analysis using EPA Method TO-15
for VOCs and gasoline -range TPH;
— System hour meter (hour);
— Blower temperature (degrees Fahrenheit);
— Water/condensate knock -out (KO) pot totalizer (gallons);
— Hourly transfer rate of water from KO pot to Storage Tanks (gallons per hour);
— Blower hertz;
— Dilution air valve position;
• Data at Extraction Well
— DTW below top of well casing (feet); and
— Air flow rate at wellhead;
— Vacuum at wellhead (in. Hg or in. H2O); and
— Final (before completion of the pilot test) VEP-1 vapor concentration via PID (parts per
million by volume) and via sampling using summa canisters for laboratory analysis using
EPA Method TO-15 for VOCs and gasoline -range TPH.
Data at Observation Wells
— Well head vacuum (in. H2O);
— DTW below top of well casing (feet) with manual measurements; and
— Final (before completion of the pilot test) vapor concentrations at the observation wells
via PID (parts per million by volume ). Select vapor samples from some of the
observation wells may also be collected in summa canisters for laboratory analysis using
EPA Method TO-15 for VOCs and gasoline -range TPH.
For each vacuum -air flow rate condition, a minimum of three full sets of aforementioned data/readings
will be collected after reaching vacuum equilibrium/stabilization conditions. The frequency may be
modified during the test based on field observations.
Following completion of the test, all extraction and observation wells will be left in place and the risers
will be capped. The extraction and observation wells may be incorporated into the full-scale SSDS
design, assuming the resulting data support this approach.
City of Yakima
5 October 2022
Page 11
Following completion of the pilot test, the rental equipment, temporary manifold, and temporary chain -
linked fence will be disassembled and demobilized from the Site.
This task is estimated to be completed over three fieldwork days to perform the pilot test and a half
fieldwork day to disassemble the pilot testing manifold, equipment, and chain -linked fence.
TASK 1E: SSDS DESIGN AND IMPLEMENTATION WORK PLAN
Haley & Aldrich will evaluate the pilot test data and perform engineering calculations and computational
2D pneumatic modelling to select the appropriate remedial approach, and to support a preliminary
system design.
Based on the evaluation, the preliminary SSDS design as included in this proposal will be revised, as
needed, and the design will be finalized. The final SSDS design will include the system layout, and
process equipment needed for effective capture of sub -slab vapors and adequate vacuum propagation
underneath the buildings slab. We will identify the optimal layout for SSDS extraction points, piping,
process equipment (e.g., extraction fans/blowers and discharge manifold), and permanent sub -slab
sampling ports. The proposed system will be designed to minimize disruptions to future operations at
the Property's constructed building(s) and to achieve the objective of reducing concentrations of COCs
in the indoor air. Depending on the results of the evaluation, the design may include installation of
perforated/slotted horizontal pipe network (horizontal wells) to achieve adequate coverage across the
treatment area. Piping may be routed externally, or within the site building, for discharge above the
roofline. The design may involve multiple roof/wall mounted extraction fans/blowers or a centralized
on -ground skid/shed enclosed process equipment. The design may also incorporate secondary elements
to improve system performance, such as air inlet wells, or sealing the buildings slab with a product
designed to reduce vapor intrusion (e.g., Retro CoatTM)
An implementation work plan for the construction, startup, and initial operation, maintenance, and
monitoring (OM&M) of the SSDS at the Xochimilco and Barber HQ and 1Up Games buildings will also be
prepared during this task. In addition, a planning level engineer's cost estimate for the construction,
startup, and initial OM&M of the SSDS will be prepared.
The pilot test findings, final SSDS design, SSDS implementation work plan, and the planning level
engineer's cost estimate for SSDS implementation will be provided to the City and Ecology in a technical
memorandum which will be signed and stamped by a qualified professional engineer (PE) licensed in the
state of Washington. At a minimum, this document will include:
a. Presentation of the pilot test findings and associated engineering calculations and pneumatic
modelling;
b. A schematic of the proposed full-scale SSDS and equipment;
c. Identification of location for the proposed SSDS extraction and monitoring points;
d. System and process equipment general arrangement and layout;
e. Subsurface piping details;
City of Yakima
5 October 2022
Page 12
f. System process and instrumentation diagram (P&ID);
g. System general control logic;
h. System typical construction details;
i. A list of required permits for construction and operation of the proposed SSDS;
j. Implementation work plan for the construction, startup, and initial OM&M of the SSDS; and
k. Planning level engineer's cost estimate for the construction, startup, and initial OM&M of the
SSDS.
This task is estimated to be completed in approximately 8 to 12 weeks from conclusion of the pilot test,
and receipt of all requested documents including previous environmental reports, architectural and
construction details for the Property's anticipated future building construction (as applicable), and HVAC
specifications.
The scope of services does not include the following items:
1. Abandonment of the pilot test extraction points if the evaluation indicates that these locations
are not suitable for a SSDS, or if the Property owner decides to forego implementation of the
system.
2. Design services and deliverables beyond production of the design memorandum described in
Task 1E. Design modifications or additions may be required to make it "construction ready." For
example, these may result from the Ecology requests following their review of the SSDS design
and implementation work plan. Furthermore, the results of the pilot test may indicate that a
remedial solution consisting solely of a SSDS will not be effective for achieving the required
reduction of indoor air contaminants. In this case, pursuit of alternative remedial solutions such
as HVAC modifications to create a positive -pressure environment within the site buildings may
be required; the assessment of such alternative remedial solutions is not included in the scope
of this proposal.
3. Also excluded under this clause are any structural design elements that may be required for
installation of a proposed SSDS system. For example, installation of the proposed SSDS may
require structural calculations to determine if the roof can support the loads required for
placement of the extraction fan(s)/blowers and manifold.
4. Implementation of the proposed design. This includes solicitation of environmental construction
firms, system construction, air discharge permitting, overseeing construction activities, or
preparation of a construction completion report for submission to the City and Ecology.
5. Haley & Aldrich provides no guarantees that the proposed remedial design, if implemented, will
be sufficient to reduce the concentrations of indoor air contamination below the applicable
regulatory standards that may be required as a condition of regulatory closure for the Site.
City of Yakima
5 October 2022
Page 13
These aforementioned excluded services can be provided under the terms of a different agreement, if
acceptable to both parties.
We request that the following items be provided to us:
Available data relevant to the subsurface soil, groundwater, soil -vapor, and indoor air conditions
at the Site from geologic maps, boring logs, construction records, and previous environmental
investigation and remedial design/implementation reports; and
All available documents and specifications pertaining to future planned Site buildings
construction, as available and applicable. These documents may include structural diagrams,
floor plans, architectural drawings, and specifications for the building HVAC system.
Project Schedule
The proposed SSDS will be implemented after receiving approvals from the City and Ecology. A
preliminary tentative schedule for each of the key tasks is listed below:
Submittal of the SSDS Pilot Testing and Design Proposal and
SOW and Approval from the City of Yakima and the Washington
State, Department of Ecology
Task 1A: Project Kick -Off Meeting, Pilot Test Design, Permitting,
Planning, and Coordination
Task 1B: Drilling and Well Installation
Task 1C: Pilot Test Equipment Mobilization and Setup
Task 1D: Pilot Testing
Task 1E: SSDS Design and Implementation Work Plan Submittal
to the City of Yakima and the Washington State, Department of
Ecology
DURATION
4 weeks
3 weeks
1 week
1 week
1 week
8 weeks
ANTICIPATED
TIMELINE*
November -
December 2022
December 2022 -
January 2023
January 2023
February 2023
February 2023
February — March
2023
*The anticipated schedule presented herein is contingent upon the approval of this SSDS Pilot Testing and Design Proposal
and Scope of Work from the City of Yakima and the Washington State, Department of Ecology and approval of the pilot test
air discharge operating permit/notification for the temporary pilot test system operation from the Yakima Regional Clean
Air Agency.
City of Yakima
5 October 2022
Page 14
Proposed Budget and Terms and Conditions
Services for Tasks 1A through 1E will be conducted for a total estimated fee of $150,057, including a 10
percent contingency cost, to be provided on a time and materials basis, itemized as follows:
TASK
NO.
1A
1B
1C
1D
1E
TASK
DESCRIPTION
Project Kick -Off Meeting, Pilot Test
Design, Permitting, Planning, and
Coordination
Drilling and Well Installation
Pilot Test Equipment Mobilization and
Setup
Pilot Testing
SSDS Design and Implementation Work
Plan
Sub -Total Budget:
H8J
LABOR
$18,800
$12,130
$9,890
$18,635
$30,670
$90,125
SUBCONTRACTORS
$405
$23,000
$20,125
$2760
$46,290
TOTAL
BUDGET
$19,205
$35,130
$30,015
$21,395
$30,670
$136,415
10% Contingency Cost:
Total Budget:
*We reserve the right to negotiate adjustments to the proposed fee amount should the assumptions, in
authorized scope change from those noted herein.
$13,642
$150,057
ormation, schedule, or
We anticipate that the undersigned (Yen-Vy Van) will serve as the Project Manager on the project.
Services will be provided on a time and materials basis in accordance with our "Standard Terms and
Conditions, 2020" and "Standard Fee Schedule," dated January 2022, designated 2022 PNW, which are
integral to this proposal.
Closing
This proposal is valid fora period of 60 days from the date of this letter. If acceptance and authorization
to proceed are not received within that period, we reserve the right to renegotiate the estimated costs,
schedule for completion, and scope of services.
If the above arrangements are satisfactory to you, please indicate your acceptance by signing and
returning one copy of this letter. When accepted by you, this proposal together with the attached Terms
and Conditions and Fee Schedule will constitute our Agreement.
City ofYakima
SOctober 2O32
Page1S
VVeappreciate the opportunity tosubmit this proposal and look forward toour association with you on
this project. Please contact the undersigned if you wish to discuss this proposal or any aspect of the
Sincerely yours,
�
Yen-Vy Van, LHG
Senior Project Manager
OrnerUppa|
Senior Engineer, Technical Expert
Julie VVukeUc,CE&4
Principal -in -Charge
Attachments:
Figure 1—Former Tiger Oil Site Plan
Figure 2—Estimated Extent ofResidual LNAPL
Figure 3—Proposed Vapor Mitigation System
Preliminary Conceptual Design
Figure 4—Proposed SSDSVEP'VW1P,and Trench Typical
Construction Details
Figure S—Proposed SSDSProcess Equipment Schematic
Figure 6—Proposed Vapor Mitigation Pilot Test
Locations
Standard Terms and Conditions, 2OIO
Standard Fee Schedule 2O22PNVV
c: Mary Monahan (Ecology Site Manager)
proposal\2022-1005_HAI—Tiger Oil Site SSDS Pilot Testing and Design Proposal_F.docx
This proposal, and the attached "Standard
Terms and Conditions, 2O2O^and
"Standard Fee Schedule 2O22PNVV",are
understood and accepted:
City of Yakima
By
(authorized signature)
By
(print or type name)
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1. ALL LOCATIONS
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Standard Terms and Conditions 2020
I INTRODUCTION. These Standard Terms and Conditions, together with the accompanying proposal and any attachments
thereto ("Proposal"), constitute the Agreement between Haley &Aldrich, Inc., including its affiliates and subsidiaries
(^Ha|ey&x|dhch")'and the entity orperson tnwhom the proposal isaddnesed(^C||ent^)fo,thepnojectatthepnoject
site (^sue^)a,may bereferenced inthepmposaiocthpamesaQmethatnothird'partvbene0uariesaneimandedbvth|,
Agreement, which is defined to include these Terms and Conditions and Haley & Aldrich's Proposal.
z HEADINGS. The headings used mthese terms and conditions are inserted for the convenience of the parties and shall not
define, limit, or describe the scope or the intent of the provisions set forth herein.
3 PERFORMANCE OF SERVICES. Client agrees that Haley & Aldrich has been engaged to provide professional services only,
and that Haley & Aldrich does not owe afiduciary responsibility toClient. Haley &x]dnch'sservices will beperformed in
accordance with generally accepted practices of engineers and/or scientists providing similar services at the same time, in
the same locale, and under like circumstances ("Standard of Care"). No warranty, expressed or implied, is included or
intended bythis Agreement.
4. CLIENT RESPONSIBILITIES. Except as otherwise agreed, Client will secure the approvals, Site access, permits, licenses, and
consents necessaryfor performance of Haley & Aldrich's services underthis Agreement. Client shall provide Haley & Aldrich
with a plan delineating the boundaries of the Site and all documents, reports, surveys, plans, drawings, information
concerning known o,suspected Site conditions, above and below ground, information related to hazardous materials or
other environmental nrgemechn|o,| conditions at the Site, utility information and other information that is reasonably
foreseeable to be pertinent to Haley & Aldrich's services under this Agreement. If Client is not the owner of the Site, Client
will make all reasonable attempts to obtain these same documents and provide them to Haley & Aldrich. Unless otherwise
agreed to in writing byHaley &Aldrich, Haley &Aldrich shall beentitled to rely on documents and information Client
provides.
5. PAYMENT. Invoices will generally be submitted momh4, Payment will be due within thirty Bo days of invoice date.
interest will beadded toaccounts marrears atthe rate ofone and one-half (z.$)percent per month onthe outstanding
balance. In the event Haley &Aldrich must engage counsel to enforce overdue payments' Client will reimburse Haley &
Aldrich for all attomey'sfees and court costs.
6 |msunxm[s Haley & Aldrich will maintain: workers' compensation insurance asrequired under the laws ofthe state in
which the services will be performed; commercial general liability insurance with a combined single limit of $1,000,000 per
occurrence and $z'Oon'nOO)nthe aggregate for bodily injury, including death and property damage; automobile liability
insurance with a combined single limit of$z'OOU'000 per occurrence; professional liability insurance in the amount of
$1,000,000 per claim and in the aggregate; and contractor's pollution liability insurance in the amount of $1,000,000 per
occurrence and inthe aggregate.
z OWNERSHIP OF DOCUMENTS AND AUTHORIZED USE. All documents and all processes created, prepared or furnished
under this Agreement by Haley & Aldrich are its instruments of service and all ownership and copyrightrights ofthe same
shall remain with Haley & Aldrich. Haley & Aldrich's instruments of service are prepared solelyfor Client and made available
toClient only forthepurpose set forth inthe Proposal. Client may make and retain cop|esofHa|ey&4Jd,ich'sinstmments
of service, opinions, or reports or otherwise related documents ("Instruments of Services") for the project at the Site. Any
(1) reuse or modification of Haley & Aldrich's Instruments of Services without written verification or aclaption by Haley &
Aldrich for the specific purpose intended and/or (2) unauthorized use of, or reliance upon, Haley & Aldrich's Instruments
of Services by any other party, or for any other projector purpose, except and unless Haley& Aldrich provides oriorwritten
authorization, shall be at Client's and/or any third party's sole risk and without any liability or legal exposure to Haley &
Aldrich. Client shall indemnify, defend, and hold harmless Haley & Aldrich from all claims, damages, losses, and expenses,
including attomey'sfees, arising out of or resulting therefrom. Client agrees that any such verification or adaptation of
Haley & Aldrich's documents and processes shall entitle Haley & Aldrich to just and proper compensation.
u [OmnmsmT|AuTY. Haley & Aldrich will hold confidential all business and technical information obtained or generated in
performing of services under this Agreement. Haley & Aldrich will not disclose such information without Client's consent
except to the extent required for (z) performance of services under this Agreement; (z) compliance with professional
standards of conduct for preservation of the public safety, health, and welfare; (s) compliance with any court order,
statute, law, or governmental directive; and/or (4) protection of Haley & Aldrich against claims or liabilities arising from
the performance ofservices under this Agreement. Haley &x|dnch'sobligations hereunder shall not apply minformation
inthe public domain orlawfully obtainedonanon-con0dentia|bag,frnmotheo.
2020 Page 1of4
Standard Terms and Conditions 2020
y SUSPENSION OF WORK AND TERM INATI ON. Client may, at anytime, suspend further work byHaley &ANnchorterminate
this Agreement. Suspension or termination shall be by written notice effective thee (3) business days after receipt by
Haley & Aldrich. Client agrees to compensate Haley & Aldrich for all services performed and commitments made prior to
the effective date of the suspension or termination, together with reimbursable expenses including those of
subcontractors, svbcunsuhants, and vendors. Client acknowledges that its failure m pay all invoices untime and mfull,
including accrued interest, may result in a suspension of services by Haley & Aldrich. In the event of a suspension of services
due to Client's failure to pay all invoices on time and in full, Haley &x|dhch shall have no liability tuClient for delay v,
damage toClient orothers because ofsuch suspension ofservices.
ul FORCE xx/usUKs. Except for Client's obligation to pay for services rendered, no liability will attach to either party from
delay in performance or nonperformance caused by circumstances or events beyond the reasonable control of the party
affected, including, but not limited to, acts ofGod, fire, flood, unanticipated Site or subsurface conditions, pandemics,
explosion, war, terrorism, request or intervention of a governmental authority (foreign or domestic), court order (whether
at law or in equity), labor relations, accidents, delays or inability to obtain materials, equipment, fuel or transportation.
o. SUBSURFACE RISKS. Client shall disclose to Haley & Aldrich any known orsuspected subsurface conditions, below ground
structures, and information related tohazandvusmatehobormherenvimnmema|o/geutachnica|o»nditinnsat the Site.
Client recognizes that inherent risks occur in the exploration and evaluation of subsurface conditions. Evan with the
information the Client provides tu Haley & Aldrich and acompnehensivc sampling, testing and exploration program
performed in accordance with the Standard of Care, certain underlying conditions and/or structures may not be identified,
and Client agrees to accept this level of risk. Client agrees to indemnify and hold Haley & Aldrich, and each of their
subcontractors, consultants, officers, directors, and employees (Haley & Aldrich) harmless against any and all claims, losses,
liabilities or damages, direct or consequential, related to interference with subterranean structures, or other such
subsurface conditions, substances, or features that are not called to Haley & A|drich's attention in writing, shown on
documents provided by Client, or could not be reasonably detected by exercising the Standard of Care.
zz. HAZARDS AND HAZARDOUS MATERIALS.
12.1 Disclosure ofHazards (Right toKnow). Haley & Aldrich will take reasonable precautions for the health and safety of
Haley & Aldrich's employees while at the Site. Client will obtain from Site owner, and others as applicable, and furnish to
Haley & Aldrich, prior to Haley & Aldrich beginning services under this Agreement, all available information concerning Site
conditions, including, but not limited to: subsurface conditions, oil, hazardous material, toxic mold and biological conditions,
radioactive o, asbestos material in, on or near the Site. If such a material or condition is discovered that had not been
disclosed to Haley & Aldrich, then, upon notification, Client and Haley &Aldrich shall seek an equitable adjustment to be
made tothis Agreement. oyauthorizing Haley & Aldrich to proceed with the services, Client confirms that Haley & Aldrich
has not created nor contributed to the presence of any hazardous substances at or nearthe Site. Client agrees to assume all
liability and shall indemnify, defend and hold Haley & Aldrich harmless from any claims, losses, liabilities or damages arising
out nf(z) personal injury ordeath resulting from such hazardous material or condition and/or(Z) a release of hazardous
substances except to the extent the release was caused by Haley & Aldrich's gross negligence or willful misconduct in the
performance ofthe services.
zz.zHazonous Materials. Before any hazardous orcontaminated materials are removed from the Site, Client shall sign
manifests naming Client asthe Generator ofthe waste (or, ifClient isnot the Generator, Client will arrange fortheGenerator
to sign the manifest). Client shall select the treatment or disposal facility to which any waste is taken. Haley & Aldrich shall
not be the Generator, owner, Arranger, Operator, nor will it possess, take title to, or assume any legal liability for any
hazardous orcontaminated materials atorremoved from the Site. Haley & Aldrich shall not have responsibility for o,control
ofthe Site orofoperations o,activities atthe Site other than its own. Haley & Aldrich shall not undertake, arrange for or
control the handling, treatment, storage, disposal, removal, shipment, transportation or disposal of any hazardous or
contaminated materials at or removed from the Site, other than laboratory samples it collects or tests (which shall be
returned to Client for disposal). Client agrees to defend, indemnify and hold harmless Haley & Aldrich for any costs or liability
incurred by Haley & Aldrich in defense of or in payment for any legal actions in which it is alleged that Haley & Aldrich is the
Owner, Operator, Generator, Arranger, Treater, Storer orDisposer ofhazardous waste. Capitalized terms used herein shall
have the meanings assigned u,them mncnxand csncLx.
13. DIFFERING SITE CONDITIONS. If, during the course of performance of this Agreement conditions or circumstances are
discovered, which were not contemplated oranticipated byHaley & Aldrich, o,otherwise provided toHaley & Aldrich by
the Client, mthe commencement ofthis Agreement orwhich differ materially from those indicated mHaley &x|dhch's
Proposal, Haley & Aldrich may notify Client in writing of the newly discovered conditions or circumstances, and Client and
Standard Terms and Conditions 2020
Haley & Aldrich shall renegotiate, mgood faith, the scope of work and terms and conditions of this Agreement. ifamended
terms and conditions cannot be agreed upon within thirty (30) days after notice Haley &A|dhch may terminate this
Agreement.
m. SAMPLES. Samples of soil, rock, water, waste, orother materials collected from the Site may be disposed of sixty (60) days
from sampling date unless Client advises otherwise inwriting n,unless applicable law requires their retention. na|ey&
Aldrich will dispose ofsuch samples with a qualified waste disposal contractor. Client shall pay all costs associated with the
storage, transport, and disposal of samples, and agrees to indemnify, defend and hold Haley & Aldrich harmless for any
liability arising therefrom. |fsomp|esmustbegomdhyHa|ey&x|drichfor|onQerthans|my(GO)dayofrnmsamp|ingdate'
Client shall pay all associated storage costs. Client recognizes and agrees that Haley &x|dnch is a bailee and assumes
neither title to said waste or samples nor any responsibility as generator of said waste or samples.
zs.ENGINEERING/CONSULTING Aldrich shall not, during construction Site visits,
shop drawing review, or as a result ofobservations of construction work, supervise, direct, or have control over any
contractors' means, methods, work sequences or procedures of construction selected by contractors. Haley & Aldrich shall
not be liable for any ufcontractors' work, safety precautions or programs incident to contractors' work. Haley &Aldrich
shall not have any liability whatsoeverfor any failure of contractors to comply with any laws, rules, regulations, ordinances,
codes or orders. Haley & Aldrich neither guarantees nor warrants the performance of any contractors' work and does not
assume responsibility for any contractors' failure to furnish any labor, materials, equipment or related work in accordance
with any agreement nrcontract documents.
»G. ADDITIONAL SERVICES. Haley & Aldrich's compensation hereunder shall be subject to adjustment to recognize any increase
in costs due toadditional services requested orauthorized by Client. Such additional services shall include, but not be
limited to, additions in the manner or method of Haley & Aldrich's performance of Services or due to changes in schedule
or circumstances not solely caused by or under the control of Haley & Aldrich. These additional services shall be verified in
writing bvthe parties and performed unthe basis ofmutually agreed rates, u,othe,suchbasisagmedtobythepart|es.
zz WAIVER OF CONSEQUENTIAL DAMAGES. Neither party, nor their parent, affiliated or subsidiary companies, nor the
officers, directors, agents 'employees, nrcontractors ofany ufthe foregoing, shall beliable tnthe other inany action or
claim for incidental, indirect, special, collateral, punitive exemplary orconsequential damages arising out ufo, related to
the services, whether the action in which recovery ofdamages is sought is based upon contract, tort (indudmg,tothe
greatest extent permitted by law, the sole, concurrent or other negligence, whether active or passive, and strict liability of
any protected individual or entity), statute or otherwise.
18. WAIVER OF PERSONAL LIABILITY. moofficer, director, memployee ofHaley & Aldrich shall bear any personal liability m
Client for any injuries, claims, demands, losses, expenses or damages, of whatever kind or character, arising out of or in
any way related tuthis Agreement o,the performance ofservices hereunder.
19. LIMITATION OF REMEDIES. To the fullest extent permitted by law, the total aggregate liability of Haley &Aldrich, its officers,
directors, and employees to Client, and anyone claiming by, through, o,under Client, including all authorized Relying
Parties, as applicable, for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way
related to Haley & Aldrich's services, from any cause or causes whatsoever, including, but not limited to, negligence, errors,
omissions, strict liability or contract, shall be limited to an aggregate amount of $50,000 or Haley & A|dnch'sfee, whichever
is greater.
If Client prefers not to limit Haley & Aldrich's liability to this sum, Haley & Aldrich mayincrease this limitation upon Client's
written request, provided that Client agrees topay anadditional fee agreed tubvthe parties. The additional fee wfor the
additional risk assumed by Haley & Aldrich and is not a charge for additional liability insurance.
uu DISPUTE RESOLUTION. If a dispute arises out ofmrelates to this Agreement mdhe breach thereof, the parties will attempt
in good faith to resolve the dispute through negotiation. Except for payment matters, ifadispute isnot resolved bythese
negotiations, the matter will besubmitted tn non -binding mediation with a mutually agreed upon mediator. The parties
agree that they will participate in the mediation in good faith and that they will share equally in its costs. Except for
payment matters o,tnpreserve mechanics' lien rights, neither party will commence acivil action until after the completion
ofaninitial mediation session.
21. LEGAL ACTION. All legal actions by either party against the other for any cause or causes, including, but not limited to,
Standard Terms and Conditions 2020
Standard of Cane, however denominated, shall be barred two (2)years from the day after completion ofHaley &Aldrich's
Services. Client agrees u,compensate Haley & Aldrich for services performed in response to any legal action, subpoena, or
court order arising out of or related to Haley & Aldrich's services under this Agreement at Haley &A|d,ich',Standard Fee
Schedule then meffect.
aZ. TAXES. Unless otherwise provided for inthe scope ofservices, Haley &/Udhchs fee isexclusive ofsales, use, orsimilar tax
imposed by taxing jurisdictions on the amount of fees or services. Should such taxesbeimposed, Haley & Aldrich will
collect and remit any applicable sales taxes. Client's documentation ofexemption from sales oruse taxes, ifany, must be
provided to Haley &A|d,ich prior to services being performed.
23. SsvERAo|ulY. Ifany ufthese Terms and Conditions are finally determined to be invalid or unenforceable in whole or part,
the remaining provisions shall remain mfull force and effect and bebinding upon the parties. The parties agree mreform
these Terms and Conditions to replace any such invalid or unenforceable provision with a valid and enforceable provision
that comes a,close a,possible tothe intention ofthe stricken provision.
�SURVIVAL. All Terms and Conditions contained herein shall survive the completion of Haley &Aldrich's services on this
project or the termination of services for any cause.
Zs. GOVERNING LAW AND JURISDICTION. This Agreementshall besolely governed, and construed and enforced, in accordance
with the laws of the State o,Commonwealth where the services are performed, without regard mits conflict of laws rules.
Client agrees to submit and consent to the jurisdiction of the courts in that State or Commonwealth in any action brought
u,enforce (or otherwise arising from o,relating to) this Agreement.
26. ASSIGNMENT. This Agreement shall not be assigned by either party without the express written consent of the other.
27. PRECEDENCE. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions
contained in any proposal, contract, purchase order, requisition, notice to proceed, right of entry, or like document.
zn. ENTIRE AGREEMENT. Client and Haley & Aldrich agree that all provisions pfthese Terms and Conditions were mutually
negotiated and agreed upon, and that this Agreement represents the entire Agreement between the parties No
modification or alteration of any provision of this Agreement shall be binding upon either Client or Haley & Aldrich, unless
such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such
modification oralteration issought tobeenforced.
END mfTERMS AND CONDITIONS
Standard Fee Schedule
2022 PNW
FEES FOR SERVICES
Fees for services will be based on the time worked on the project by staff personnel plus reimbursable
expenses. The fee will be computed as follows.
1. Labor related fees will be computed based on personnel billing rates in effect at the time the services
are performed. Personnel billing rates are subject to revision on, or about, 1 January and 1 July of
each year. The hourly rates are fully inclusive of fringe benefits, burden, and fee. Current rates are
provided in the table below.
Classification
Project Support
Technician
Project Technician
Senior Technician
Project Controls
Staff Professional 1
Staff Professional 2
Project Professional
Technical Specialist/ Modeler
Project Manager / Senior Technical Specialist
Senior Project Manager/ Technical Expert
Program Manager/Senior Technical Expert / Principal
Senior Principal
Hourly Rate
$115
$110
$120
$135
$140
$125
$150
$165
$170
$200
$235
$270
$305
2. Pre-trial conferences, depositions, and expert testimony will be billed at one and one-half (1.5) times
the rates quoted above.
3. Second and Third Shift, Weekend, and Holiday hours will be billed at $40/hour premium. Second and
Third Shifts are those starting between 4 PM and 4 AM.
4. Field visits will be billed at 4-hour minimum; night shifts will be billed at 8-hour minimum. Cancellation
of scheduled night shift within 24 hours will be charged the full 8 hours.
5. Direct non -salary expenses will be billed at our cost plus fifteen (15) percent, except for employee
vehicle use which will be billed at IRS allowed mileage rates.
6. General project -related expenses such as mobile phone expenses (including mobile app fees);
in-house reproduction; printing costs for reports, drawings, and other project records; mail and
overnight document delivery; and long-term electronic and paper document storage will be billed as
a general communication fee at a rate of four (4) percent of the labor charges.
7. Subcontractors will be billed at our cost plus fifteen (15) percent.
8. Equipment and laboratory testing will be billed at rates listed in the attached Equipment and
Laboratory Rate Schedules, as applicable.
EQUIPMENT RATE SCHEDULE
AIR MONITORING EQUIPMENT
Daily
Drager/Rae Sampling Kit (tubes not included) $10
Dust Monitor
Four -Gas Meter
Photoionization Detector -10.6 or 11.7 eV
Seismograph - Manual
Seismograph - Remote Units
Vibration and Sound Monitoring Station
$70
Daily
$1,500
$350
$250
Weekly
$40
Weekly
Daily Weekly
$315 $1,000
$1,100
$400
$350
$1,400
$75 $225
$100
$125
$275
$325
Equipment Rate Schedule
2022 PNW
Page 1 of 2
Monthly
$120
$1,200
$516
$840
Monthly
Monthly
$3,000
$2,100
$3,100
$1,050
$2, 600
$240
$180
$825
$925
EQUIPMENT RATE SCHEDULE (continued)
MISCELLANEOUS
Camera - Digital
Decontamination Kit (each)
Drone
Field Truck (including fuel)
Generator
GeoTech Sample Jars 16 oz. (per box)
GPS Unit
Harness with Restraint Lanyard
Motorola CP200d Radio (pair)
Personal Protective Equipment - Level C (per person)
R/V Catalyst - 26 Ft Sampling Vessel
Research Nets
Sampling Tubing (roll)
Saximeter 11
Sound Level Meter
Tool Trailer
Daily
$10
$50
$250
$95
$50
$10
$150
$40
$45
$600
$60
$20
$35
$50
$300
Equipment Rate Schedule
2022 PNW
Page 2 of 2
Weekly Monthly
$1,000
$380
$200
$600
$160
$35
$1,140
$1,800
$480
$140
$140 $420
$200 $600
Laboratory Rate Schedule
2022 PNW
Page 1of1
LABORATORY RATE SCHEDULE
SOIL CLASSIFICATION AND INDEX TESTS Unit Price
Atterberg Limits -1 Point
$125
Atterberg Limits - 3 Point
$180
Grain Size - Hydrometer and Sieve Analysis $300
Grain Size - 200 Wash
$100
Grain Size- Sieve Analysis (Standard Sample) $125
Grain Size - Sieve Analysis (Bulk Sample) $150
Grain Size - Hydrometer $175
Water Content
$25
Organic Content
$ 75
Specific Gravity $125
Visual Classification
$15
SOIL MOISTURE -DENSITY TESTS Unit Price
Bulk Density $100
California Bearing Ratio (CBR) $650
Proctor -1 Point
Proctor - 4 Point
$120
$250
Proctor - 4 Point (Cohesive Soil) $300
SOIL CONSOLIDATION AND STRENGTH TESTS Unit Price
Consolidation - Constant Rate of Strain (CRS) $650
Consolidation - Incremental
$500
Unconfined Compression $100
Direct Simple Shear (DSS) $300
Cyclic Direct Simple Shear (CDSS) $650
Triaxial Compression - Isotropic Consolidation $500
Triaxial Compression - Ko/anisotropic Consolidation $800
Triaxial Compression -Unconsolidated $300
SURCHARGE RATES Unit Price
Atterberg Limits Dry Prep $15
Atterberg Limits Organic Classification $40
Sample Preparation $120
Triaxial High Pressure (over 100 psi) $100
Tube Cut (per cut)
$25
Tube Extrusion
$100
Additional H&A Laboratory analyses, pricing, and rush rates available upon request.
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.1.
For Meeting of: December 13, 2022
Resolution authorizing an agreement with Haley & Aldrich Inc to
perform the design and remediation for the environmental cleanup of
the former Tiger Oil site at 2312 W Nob Hill Blvd EV2999
Scott Schafer, Director of Public Works
*Bill Preston, City Engineer- (509) 576-6754
SUMMARY EXPLANATION:
The City of Yakima (City) has been working with the Department of Ecology (DOE) to clean up
the former Tiger Oil site located at 2312 W Nob Hill Blvd. Characterization of the site has been
completed and the existing agreement with Maul, Foster, Alongi has been closed. Department of
Ecology now wants to move into remediation efforts to clean up the site. Remediation is an iterative
process and this agreement with Haley Aldrich begins the design/monitoring efforts required for
cleanup. Supplements to this agreement will be forthcoming as remediation plans are finalized.
The City recommends entering into a Professional Services Agreement with Haley & Aldrich Inc
to perform the design and remediation of the 2312 W Nob Hill Blvd Site Cleanup project, which
includes contaminated soil removal, monitoring well replacements, and a groundwater interim
action. The Project estimated cost is $150,057 and is funded with a DOE grant requiring a 10%
match.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
❑ Resolution 11/17/2022
❑ Consultant Agreement 11/15/2022
Yes
Public Safety
Type
Resolution
Contract