HomeMy WebLinkAbout10/07/2014 05E Tiger Oil Site Cleanup Professional Services Agreement with Maul Foster Alongi, Inc.BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.E.
For Meeting of: October 07, 2014
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ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
Resolution authorizing a contract with Maul Foster Alongi and
the City of Yakima to provide environmental services related
to the Tiger Oil site at 2312 W. Nob Hill Blvd.
Debbie Cook, Director of Engineering and Utilities
Brett Sheffield, Chief Engineer
Joan Davenport, Director of Community Development
The City of Yakima, as property owner of the former Tiger Oil site at 2312 West Nob Hill
Boulevard, is partnering with Department of Ecology on the cleanup of this site. The City of
Yakima intends to use insurance funds for a professional services contract with this
environmental consultant to draft the remediation plan and manage the cleanup. The contract
amount will not exceed $230,000.
The City conducted a Request for Qualifications using the Municipal Research Service Center
Roster process. Maul Foster Alongi (MFA) is the preferred firm.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted: Yes
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
Ordinance:
Contract Term:
End Date:
Amount:
MFI to be paid using insurance trust funds
specifically designated for cleanup of this site.
Improve the Built Environment
City Manager
SUBMITTAL:
RECOMMENDATION:
Approve the Resolution to authorize participation in this project
ATTACHMENTS:
Description
Resolution Authorizing MFA Contract
contract
MFA Schedule of Charges
Upload Date
9/29/2014
10/1/2014
9/29/2014
Type
Cover Memo
Contract
Backup Mateniall
A RESOLUTION
RESOLUTION NO. R -2014 -
authorizing the City Manager to execute a Professional Services
Agreement with Maul Foster Alongi, Inc. (MFA) not to exceed
$230,000 to prepare remedial design, permitting and construction
oversight for the environmental cleanup of the former Tiger Oil site
at 2312 West Nob Hill Boulevard, now owned by the City of Yakima.
WHEREAS, the Yakima City Council has established that the environmental
cleanup and redevelopment of the former Tiger Oil property at 2312 West Nob Hill
Boulevard is both an "Economic Development" and "Improving the Build Environment"
priority; and
WHEREAS, the City of Yakima has followed the procedures established by the
State of Washington to select and recommend a professional firm using the Municipal
Research and Service Center Professional Services Roster process to conduct the
selection of a firm to prepare the engineering plans and specifications for the construction
bid process; and
WHEREAS, Maul Foster Alongi, Inc. (MFA) submitted a Contractor Qualification
Statement was determined to be the preferred firm to prepare the engineering plans; and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project;
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services
Agreement with Maul Foster Alongi, Inc. (MFA) attached hereto and incorporated herein
by this reference not to exceed Two Hundred Thirty Thousand Dollars ($230,000) to
provide the Professional Services as described in the Agreement, now, therefore,
ADOPTED BY THE CITY COUNCIL this 7th day of October 2014.
ATTEST: Micah Cawley, Mayor
Sonya Claar-Tee, City Clerk
For City of Yakima Use Only:
Contract No.
Project No.
Resolution No.
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
MAUL FOSTER & ALONG!, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2014, by and
between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and Maul Foster & Alongi, Inc. with
its principal office at 400 East Mill Plain Boulevard, Suite 400, Vancouver WA 98660, hereinafter referred
to as "ENGINEER"; said corporation and its principal engineers are licensed and registered to do
business in the State of Washington, and will provide environmental science and engineering services
under this Agreement for Remediation of the Former Tiger Oil Site located at 2312 West Nob Hill Road on
behalf of the City of Yakima, Project No. EV2389, herein referred to as the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary to satisfactorily accomplish the work within the required time and
that it has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and ENGINEER agree as follows:
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
Justin Clary as Principal -in -Charge throughout the term of this Agreement unless other
personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Interim Remedial Action Plan Scope of Work" (WORK) which is attached hereto and made a part
of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of
this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
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and/or completion time adjustment pursuant to this Agreement shall be made and this
Agreement shall be modified in writing accordingly.
2.2.2 Compensation for each such request for Additional Services shall be negotiated by the
CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing.
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'S services on the PROJECT including information
on any pre-existing conditions known to the CITY that constitute hazardous waste contamination
on the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably
accessible to ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access.
3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY
deems appropriate; and render in writing decisions required of CITY in a timely manner. Such
examinations and decisions, however, shall not relieve the ENGINEER of any contractual
obligations nor of its duty to render professional services meeting the standards of care for its
profession.
3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this
Agreement. CITY'S Representative shall have complete authority to transmit instructions and
receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall
be responsible for exercising customary professional care in using and reviewing such
documents, services, and reports and drawing conclusions there from.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis
plus reimbursement for direct non -salary expenses.
5.1.1 DIRECT NON -SALARY EXPENSES: Direct Non -Salary Expenses are those costs
incurred on or directly for the PROJECT including, but not limited to, necessary
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transportation costs, including current rates for ENGINEER'S vehicles; meals and
lodging; laboratory tests and analyses; printing, binding and reproduction charges; all
costs associated with other outside nonprofessional services and facilities; special CITY -
requested and PROJECT -related insurance and performance warranty costs; and other
similar costs. Reimbursement for Direct Non -Salary Expenses will be on the basis of
actual charges plus a reasonable markup, not to exceed ten percent (10%) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B.
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER and each of the
Subconsultants in connection with PROJECT WORK; provided, as follows:
• That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents
per mile will be paid for the operation, maintenance, and depreciation
costs of company or individually owned vehicles for that portion of time
they are used for PROJECT WORK. ENGINEER, whenever possible,
will use the least expensive form of ground transportation.
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($40) per day per person. This rate may be
adjusted on a yearly basis.
• That accommodation shall be at a reasonably priced hotel/motel.
• That air travel shall be by coach class, and shall be used only when
absolutely necessary.
5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class
postage, and FAX charges are not included in the direct expense costs, but are
considered included in the Schedule of Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for
engineering, architecture, geotechnical services and similar professional services
approved by the CITY. Reimbursement for Professional Subconsultants will be on the
basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed TWO HUNDRED THIRTY THOUSAND Dollars ($230,000). The
ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep
CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if
found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as
may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When
any budget has been increased, the ENGINEER'S excess costs expended prior to such increase
will be allowable to the same extent as if such costs had been incurred after the approved
increase, and provided that the City was informed in writing at the time such costs were incurred.
5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for
PROJECT services completed through the accounting cut-off day of the previous month. Such
invoices shall be for PROJECT services and WORK performed and costs incurred prior to the
date of the invoice and not covered by previously submitted invoices. The ENGINEER shall
submit with each invoice a summary of time expended on the PROJECT for the current billing
period, copies of subconsultant invoices, and any other supporting materials determined by the
City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such
invoices within thirty (30) days of receipt and upon approval of the WORK done and amount
billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required.
Page 3
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on
the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per
month or the maximum interest rate permitted by law, whichever is less; provided, however, that
no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment
a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of
RCW 39.76.020(4).
5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within
forty-five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER from the operation of the
release in stated amounts to be set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY
of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by
law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or
fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
ENGINEER shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in
compliance with applicable laws, regulations, and permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications,
reports, and incidental WORK or services furnished hereunder shall not in any way relieve the
ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK
and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not
be construed to operate as a waiver of any rights under this Agreement or at law or any cause of
action arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent
contractors and shall not be deemed or construed to be employees or agents of CITY in any
manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or
employee of CITY by reason hereof and will not make any claim, demand, or application to or for
any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6.4 INDEMNIFICATION:
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon the
City's property or any of the City's officers, employees or agents as a result of the
Page 4
negligence or willful misconduct of the Engineer, the Engineer shall at once cause
the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
of any kind claimed by third parties, including without limitation such loss, cost, or
expense resulting from injuries to persons or damages to property, caused solely by the
negligence or willful misconduct of the CITY, its employees, or agents in connection with
the PROJECT.
(c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss,
cost, or expense shall be shared between the ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party.
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
indemnification obligations under this Agreement shall not be limited in any way by any limitation
on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the
purpose of determining compliance with the technical provisions of PROJECT specifications and
does not constitute any form of guarantee or insurance with respect to the performance of a
contractor. ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, or for compliance by contractors with
laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points
and sample intervals and at locations other than where observation, exploration, and
investigations have been made. Because of the inherent uncertainties in subsurface evaluations,
changed or unanticipated underground conditions may occur that could affect total PROJECT
cost and/or execution. These conditions and cost/execution effects are not the responsibility of
the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
standard of professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates
and budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be
extended, nor the budget increased because of any unwarranted delays attributable to the
ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by
special services requested by the CITY or because of unavoidable delay caused by any
governmental action or other conditions beyond the control of the ENGINEER which could not be
reasonably anticipated.
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7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER and
subconsultants on each task, indicating a good faith estimate of the percentage completion
thereof on the last day of the previous month. Additional oral or written reports shall be prepared
at the request of the CITY for presentation to other governmental agencies and/or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its
officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses,
and costs including, but not limited to, litigation expenses and attorney's fees arising out of or
related to such unauthorized reuse, change, or alteration; provided, however, that the ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions.
8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted
or which are specified to be delivered under this Agreement or which are developed or produced
and paid for under this Agreement, whether or not complete, shall be vested in the CITY.
8.3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and
other evidence directly pertinent to performance of the WORK under this Agreement in
accordance with generally accepted accounting principles and practices consistently applied.
The CITY, or the CITY'S duly authorized representative, shall have access to such books,
records, documents, and other evidence for inspection, audit, and copying for a period of three
years after completion of the PROJECT. The CITY shall also have access to such books,
records, and documents during the performance of the PROJECT WORK, if deemed necessary
by the CITY, to verify the ENGINEER'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation
on the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the ENGINEER.
9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and the ENGINEER from and against all claims, damages, losses,
and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall
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provide and maintain in force insurance in limits no less than that stated below, as applicable.
The City reserves the rights to require higher limits should it deem it necessary in the best interest
of the public.
10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by
the parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two
Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of this Contract. The policy shall name the City, its elected
officials, officers, agents, employees, and volunteers as additional insureds. The
insured shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. The insurance shall be with an insurance company
or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
10.1.2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, ENGINEERshall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum
limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit
bodily injury and property damage. Automobile liability will apply to "Any Auto" and be
shown on the certificate.
b. If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 10.1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as
additional insureds. The insured shall not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice. The insurance shall be
with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10.1.4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject
to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million
Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The insured shall not cancel or change the insurance without first giving the City thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide. If the policy is written on a
claims made basis the coverage will continue in force for an additional two years after
the completion of this contract.
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Failure of either or all of the additional insureds to report a claim under such insurance
shall not prejudice the rights of the CITY, its officers, employees, agents, and
representatives there under. The CITY and the CITY'S elected officials, officers,
principals, employees, representatives, and agents shall have no obligation for
payment of premiums because of being named as additional insureds under such
insurance. None of the policies issued pursuant to the requirements contained herein
shall be canceled, allowed to expire, or changed in any manner that affects the rights of
the City until thirty (30) days after written notice to the CITY of such intended
cancellation, expiration or change.
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S
Representative, if requested, prior to the subconsultant or subcontractor proceeding with the
WORK. Such review shall not constitute an approval as to the legal form or content of such
subcontract. The ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This
Agreement may not be assigned by CITY or ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with
respect to those matters covered herein. This Agreement may not be modified or altered except
in writing signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of
this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and
void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force
and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors shall not discriminate in violation of any applicable federal, state and/or local law
or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
other classification protected under federal, state, or local law. This provision shall include but
Page 8
not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for
training, and the provision of services under this Agreement. ENGINEER agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement
if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the
WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event
CITY does not pay invoices when due, except where otherwise provided by this Agreement. The
time for completion of the WORK shall be extended by the number of days WORK is suspended.
If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to
renegotiation, and both parties are granted the option to terminate WORK on the suspended
portion of Project in accordance with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially
breaches its obligations under this Agreement and is in default through no fault of the terminating
party. However, no such termination may be effected unless the other party is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation and for cure with the terminating
party before termination. Notice shall be considered issued within seventy-two (72) hours of
mailing by certified mail to the place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less
than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,
of intent to terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated
profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at
the time of termination may be adjusted to the extent of any additional costs or damages CITY
has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event, CITY shall
consider the amount of WORK originally required which was satisfactorily completed to date of
termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at
the date of termination and the cost to CITY of completing the WORK itself or of employing
another firm to complete it. Under no circumstances shall payments made under this provision
exceed the contract price. In the event of default, the ENGINEER agrees to pay CITY for any
and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by
said default. This provision shall not preclude CITY from filing claims and/or commencing
litigation to secure compensation for damages incurred beyond that covered by contract
retainage or other withheld payments.
17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily
performed to the date of termination, in addition to termination settlement costs the ENGINEER
reasonably incurs relating to commitments which had become firm before the termination, unless
CITY determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver
or otherwise make available to CITY all originals of data, drawings, specifications, calculations,
reports, estimates, summaries, and such other information, documents, and materials as the
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same.
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17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the
WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall
have no responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment
shall be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at
the address set forth below. Notice shall be considered issued and effective upon receipt thereof
by the addressee -party, or seventy-two (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attn: Brett Sheffield, PE
ENGINEER: Maul Foster & Alongi, Inc.
1329 North State Street, Suite 301
Bellingham, WA 98225
Attn: Justin Clary
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA MAUL FOSTER & ALONG!, INC.
Signature Signature
Printed Name:Tony O'Rourke Printed Name:
Title: City Manager Title:
Date: Date:
Attest
City Clerk
City Contract No.
Resolution No.
Page 11
STATE OF WASHINGTON
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that 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
(Signature)
Title
Printed Name
My commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated
that he/she was authorized to execute the instrument, and acknowledged it as the
of to be the free and voluntary act of such party
for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
Page 12
EXHIBIT A
SCOPE OF WORK
Task 1—Remedial Design
The objective of this task is to prepare an Engineering Design Report, plan drawings, and specifications
for implementing the Interim Cleanup Action Plan. Based on review of the Cleanup Action Plan, technical
reports, and communications with the Department of Ecology (Ecology), the Interim Cleanup Action will
focus on removal of the primary source of impacts on the property by:
• Excavation of petroleum contaminated soil
• Placement of oxygen releasing compound in the excavation to promote biodegradation of
remaining contaminants in groundwater
• Backfilling the excavation with clean fill and grading
The interim cleanup action will be followed by groundwater monitoring to assess effectiveness and
determine what if any additional actions are needed to achieve cleanup levels.
The plan and specifications package will include the following items:
• Erosion control
• Building demolition plan
• Earthwork: excavation, backfill
• Soil management and disposal
An asbestos and lead paint survey will be conducted for the existing building on the former Tiger Oil
Property. A survey of the property will also be conducted. These two tasks will be subcontracted and MFA
will seek approval from the City on the selection of subcontractors.
Additionally, this task will include:
• Support during the bid process, including conducting a site walk with potential bidders
• Preparation of a Construction Quality Assurance Plan
• Preparation of a construction cost estimate
Assumptions:
• Based on review of environmental reports for the property, it is assumed that additional soil and
groundwater sampling will not be needed for preparation of the Engineering Design Report, plans
and specifications.
Task 2—Permitting and Agency Negotiations
MFA will prepare all necessary documents to apply for and obtain permits for the Interim Cleanup Action.
The Model Toxics Control Act provides a waiver for obtaining local jurisdictional permits for cleanups
conducted under a Consent Decree, so long as the substantive requirements are met. The City may
choose to obtain permits to address any potential public concerns or to provide an additional level of
assurance. City permits (or their substantive equivalent) are likely to include the following:
• Demolition Permit
• Grading Permit
Ecology typically requires that any cleanup project involving excavation obtain a construction stormwater
permit, so this task will also include preparation of an application for that permit and Stormwater Pollution
Prevention Plan.
Note: Ecology has conducted a State Environmental Policy Act (SEPA) as part of the review of the
Cleanup Action Plan. It is assumed that this review will also satisfy any SEPA requirement for the
issuance of the permits listed above.
Ecology will require that it review, comment, and approve draft and final design reports and plan sets.
Ecology is a committed partner in this project with the City and will provide the funding for the cleanup. It
is expected that there will continue to be a significant level of communication and coordination between
MFA and Ecology to successfully implement this project.
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Task 3—Bid Support
MFA will provide support to the City during the bid process to select a contractor to implement the Interim
Remedial Action. This support will include assistance in preparing the bid advertisement, participation in
a site walk with potential bidders, evaluation of the qualifications of bidders.
Assumptions
• City standard bid documents will be used
• City will lead the public bid process and be responsible for placement of bid advertisement,
opening and contracting
Task 4—Construction Oversight
MFA will provide construction oversight to ensure implementation meets the design and specifications
and to address issues and changes that may arise during construction. This task will include the following
elements:
• Provide support in reviewing contractor submittals, establishing schedule commitments, and
addressing logistical matters with construction contractor
• Construction oversight, as required by Ecology and outlined in the Construction Quality
Assurance Plan
Samples of soil from the Property will be collected and analyzed during the cleanup to guide the extent of
excavation and management of soil. This will involve field screening, waste profiling, and confirmation
sampling.
Field Screening. The MFA engineer providing construction oversight will take field readings of soil using
specialized equipment (photoionization detector) to determine approximate contamination level and
evaluate need to dig extra soil to achieve remediation goals.
Waste Profiling. Areas of elevated concentrations of petroleum hydrocarbons will be managed separately
from overburden soil during the cleanup. Soil with high lead levels will be stockpiled and treated with
chemicals to allow for disposal at a standard landfill. This process provides significant cost savings by
reusing overburden material on site, and reducing the amount of backfill material needed. However, it
requires additional laboratory analysis and oversight as well. This involves:
• Collection and laboratory analysis of composite samples of excavated soil to determine if it is
useable as backfill.
• Coordinate laboratory analysis, provide quality assurance/quality control, and analyze data
• Managing impacted soil—directing contractor on appropriate disposal
• Waste volume and cost tracking
Confirmation Sampling. An MFA engineer or scientist will collect soil samples from the sidewalls and
bottom of the excavation. The samples will be sent to a certified laboratory for analysis of chemicals of
concern. The laboratory data will be screened, validated, and evaluated to determine if remediation goals
have been met.
Assumptions
• Construction schedule will not exceed 20 working days
• Laboratory analysis of 36 soil samples for total petroleum hydrocarbons for confirmation sampling
• Waste profiling will involve no more than 8 composite soil samples for Toxicity Characteristic
Leaching Procedure (TCLP) and gasoline range organics
• Cost estimate under this contract includes fees for laboratory analysis of confirmation and waste
profiling samples
• Costs for excavation, transport and disposal of soils and backfill will be contracted directly by the
City through a competitive bid process. Excavation, transport, disposal and backfill costs are NOT
included in this cost estimate.
Task 5—Interim Cleanup Action Reporting
As required by cleanup regulations and grant agreements, the City will need to provide a final report on
implementation of the cleanup. This will include:
• Final report documenting completion of the project and showing that the City met its obligations
under the Consent Decree and Cleanup Action Plan
• Post -construction support and project closeout
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Assumptions
• As -built survey of post -construction site topography will be prepared by Contractor responsible for
conducting the excavation
Task 6—Groundwater Monitoring
Groundwater monitoring will be conducted to assess the effectiveness of the Interim Cleanup Action and
support decision making regarding additional actions that may be needed to achieve cleanup levels. This
task includes the following elements:
• Collect groundwater samples from monitoring wells using industry standard low flow sampling
methodology.
• Perform laboratory analysis of samples for identified indicator hazardous substances.
• Complete data validation, interpretation, and reporting in 2015 and 2016
Assumptions:
• Assumes 8 monitoring events (quarterly sampling for two years)
• Assumes sampling of 7 monitoring wells for gasoline, and benzene, toluene, ethylbenzene, and
xylenes.
• Assumes sampling of 3 monitoring wells for indicators of natural attenuation
• Cost estimate under this contract includes fees for laboratory analysis of groundwater samples
• Existing monitoring wells will be used for groundwater monitoring. If new monitoring wells are
determined to be needed, the construction of new wells will be conducted under a separate
contract.
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EXHIBIT B
PROFESSIONAL FEES
Task
Maul Foster & Alongi, Inc.
Subcontractors
Total
Hours
Labor
Direct
1 Remedial Design
276
$31,900
$1,000
$7,975
$40,875
2 Permitting and Agency Coordination
84
$9,820
$645
$0
$10,465
3 Bid Support
60
$7,190
$300
$0
$7,490
4 Construction Oversight
424
$48,130
$6,340
$9,565
$64,035
5 Interim Cleanup Action Report
106
$11,630
$880
$0
$12,510
6 Groundwater Monitoring
418
$42,260
$14,576
$15,690
$72,526
Contingency (10%) $20,790
Total Estimated Cost $228,691
Note: Task 6 includes 8 Groundwater Monitoring Events (quarterly for two years)
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MAUL FOSTER ALONGI
www.maulfoster.com
SCHEDULE OF CHARGES
PERSONNEL CHARGES
Principal $130 — 250/hour
Senior $110 - 160/hour
Project $95 - 130/hour
Staff $80 - 105/hour
GIS Professional $80 - 140/hour
Drafter/CADD Operator $55 - 85/hour
Technical Writer/Editor $50 - 85/hour
Administrative Assistant $50 - 85/hour
Depositions and expert witness testimony, including preparation time, will be charged at negotiated
rates.
Travel time will be charged in accordance with the above rates.
OUTSIDE SERVICES
Charges for outside services, equipment, and facilities not furnished directly by Maul Foster &
Alongi, Inc. will be billed at cost plus 10 percent. Such charges may include, but shall not be limited
to the following:
Printing and photographic reproduction
Rented vehicles
Transportation on public carriers
Special fees, permits, insurance, etc.
SUBCONTRACTORS
Rented equipment
Shipping charges
Meals and lodging
Consumable materials
Charges for subcontractors will be billed at cost plus 10 percent.
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DIRECT CHARGES
Vehicle per mile $0.56
COMPUTER CHARGES
CADD, ArcGIS $20.00/hour
EQuIS, EVS, Modeling Applications $30.00/hour
FIELD EQUIPMENT
The rates for field equipment are set forth in the Field Equipment Rate Schedule.
DOCUMENT PRODUCTION
The rates for document production are set forth in the Document Production Rate Schedule.
RATE CHANGES
Schedule of Charges and Standard Equipment Rates are subject to change without notice.
BILLING AND PAYMENT
Invoices will be submitted monthly and shall be due and payable upon receipt. Interest at the rate of
one and one-half percent (1.5%) per month, but not exceeding the maximum rate allowable by law,
shall be payable on any amounts that are due but unpaid within (30) days from receipt of invoice,
payment to be applied first to accrued late payment charges and then to the principal unpaid
amount.
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