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HomeMy WebLinkAboutR-1990-D5733 Environmental Assessment RESOLUTION NO. A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to enter into an Agreement for services to perform an environmen- tal assessment of property owned by the City of Yakima WHEREAS, the City of Yakima owns certain real estate located within the City of Yakima and desires to sell the same, and WHEREAS, the City of Yakima desires to have an environ- mental assessment of that property in order to facilitate the sale of the property, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized to enter into an Agreement for services with Chen Northern, Incorporated to perform an environmental assessment in an amount not to exceed $4,800.00. l ADOPTED BY THE CITY COUNCIL this day of P {tt 1990. c Mayor ATTEST: City Clerk (res /Chen) Chen - Northern, Inc. A member of the (HIH) group of companies AGREEMENT FOR SERVICES THIS AGREEMENT is by and between City of Yakima Community and Economic Development 129 N. Second Street, Yakima, WA 98901 herinafter called Owner and Chen - Northern, Inc. 2214 North 4T11 Avenue Pasco, WA 99301 hereinafter called CHEN- NORTHERN, who agree as follows: 1. DECLARATIONS. CLIENT DESIRES TO ENGAGE CHEN- NORTHERN to rovide services in connection with Owner's project ( "The Project ") described as follows: City o Ya)ima, West Nob Hill Blvd. CHEN- NORTHERN has submitted a fee schedule to Owner, a copy of which is attached hereto and made part hereof as Exhibit "A ", for such services, which fee schedule is acceptable to Owner. 2. SCOPE OF WORK. CHEN- NORTHERN shall provide services for The Project in accordance with the accompanying proposed "scope of services" made a part hereof as Exhibit "B ", and "terms and conditions" as set forth on the reverse side of this agreement. 3. OWNER DISCLOSURE OF HAZARDOUS & TOXIC MATERIALS AND CONDITIONS AT THE PROJECT. Owner warrants to CHEN- NORTHERN that to the best of its knowledge no hazardous wastes or conditions exist at The Project site. Owner warrants to CHEN- NORTHERN that to the best of its knowledge the only hazardous or toxic materials which exist at The Project site are as follows: Owner acknowledges and confirms that CHEN- NORTHERN is relying upon the above warranties in undertaking to perform the services described in this Agreement. EXECUTED THIS day of , 19 C. By ner �� i tle � G� A`I TEST: City Clerk By -- ��/��— Division Manager C -No ern, Inc. Title CITY CO?+ ACT O: Zb /6, 7 (rev. 1988) CNI -187 CHEN- NORTHERN INC. S IANDARL TERMS rA AND CONDITIONS Chen- Northern, Inc., herein "CHEN- NORTHERN" and /or its subsidiaries, affiliates, branches ARTICLE 10. HAZARDOUS SUBSTANCES: Owner agrees to advise CHEN - NORTHERN or divisions as an independent consultant agrees to provide the services as set forth in Exhibit B to the upon execution of this Agreement of any hazardous substances or any condition existing in, on, or "Owner" pursuant to the terms of these Standard Terms and Conditions. which constitute a part of near the site where CHEN- NORTHERN's personnel will be present which pose a potential danger the parties' Agreement. If this contract is with a party other than an owner, then the term Owner as to human health, the environment, or equipment. Owner agrees to provide continuing information used herein chalk apply to such client. as it becomes available to the Owner of such hazardous conditions. By virtue of entering into this ARTICLE 1 SCOPE OF SERVICES: The Scope of Services is as set forth in Exhibit B. Agreement or of providing services hereunder, CHEN - NORTHERN does not assume control of or ARTICLE 2. STANDARD OF CARE: The professional services to be provided by CHEN- responsibility for the site or the persons in charge of the site, nor undertakes responsibility for NORTHERN pursuant to this Agreement will be performed, findings obtained, and recom- reporting to any federal, state or local public agencies any conditions at the site that may present menrlations prepared in accordance with generally accepted engineering principles and practices potential dangers to public health, safety or the environment. Owner agrees to notify the appropriate existing at the time of performance for the locality where the services were performed. CHEN- federal, state or local public agencies as required by law, or otherwise to disclose, in a timely manner, NOR'! HERN will repertorm any service not meeting this standard without additional compensa- any information that may be necessary to pleveni any danger to health, safety, or the environment. lion. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS In connection with hazardous waste, Owner agrees to the maximum extent permitted by law to OR IMPLIED. def end, hold harmless and indemnify CHEN - NORTHERN from and against any and all claims and ARTICLE 3. RIGHT OF ENTRY: Owner grants a right of periodic entry to CHEN- liabilities resulting from: NORTHERN, its agents, staff, consultants and contractors or subcontractors, for the purpose of (a) Owner's violation of any federal, state or local statute, regulation or ordinance relating to the performing all acts, studies, and research, including without limitation the obtaining of samples and disposal or handling of hazardous substances or constituents; the performance of tests and evaluations, pursuant to the scope of services. Owner represents that (b) Owner's undertaking of or arrangement for the handling, removal, treatment, storage, Owner possesses all necessary permits and licenses required for the performance of the services transportation or disposal of hazardous substances or constituents found or identified at the site; herein and for the continuation of Owner and CHEN - NORTHERN's activities at the site. (c) Changed conditions or hazardous substances or constituents introduced at the site by Owner or ARTICLE 4. SAMPLING AND TESTING LOCATION: Field tests or boring locations third persons before or after the completion of CHEN - NORTHERN's services herein; described in CHEN-NORTHER N's report or shown on sketches are based on specific information (d) Allegations that CHEN- NORTHERN is a handler, generator, operator, treater, storey, furnished by others or estimates made in the field by CHEN - NORTHERN's personnel. Such transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended, dimensions, depths or elevations are approximations and are not warranted to be exact. Comprehensive Environmental Response Compensation and Liability Act, or any other similar ARTICLE 5. DOCUMENTS: Owner will furnish or cause to be furnished such reports, data, federal, state or local regulation or law. studies, plans, specifications, documents and other information deemed necessary by CHEN- The foregoing indemnity provision extends to any claims, causes of action or liability which may NORTHERN for the proper performance of CHEN - NORTHERN's services pursuant to this be asserted against CHEN - NORTHERN or which may arise out of any alleged contamination of Agreement. CHEN - NORTHERN may rely upon documents provided by the Owner in performing any aquifer as a result of contamination of certain subsurface areas, as for example when a probe, the services required under this Agreement; however, Owner - provided documents will remain the boring device or well device moves through a contaminated area, linking it to an aquifer, property of the Owner. All documents, including but not limited to drawings, specifications, reports, underground stream, or other hydrous body not previously contaminated which allegedly results in boring logs, field notes, laboratory test data, calculations and estimates prepared by CHEN- the spreading of hazardous materials, or wastes to any other areas or hydrous bodies. NORTHERN as part of the service pursuant to this Agreement, shall remain CHEN- ARTICLE 11. CONTAMINATED EQUIPMENT: All laboratory and field equipment NORTHERN's exclusive property Owner agrees that all documents of any nature furnished to contaminated in performing CHEN - NORTHERN's services and which cannot be reasonably Owner or Owner's agents or designees, if not paid for, will be returned upon demand and will not be decontaminated shall become the property and responsibility of Owner. All such equipment shall be used by Owner for any purpose whatsoever. Owner further agrees that under no circumstances shall delivered to Owner and disposed of in a manner similar to that indicated for hazardous samples. any documents produced by CHEN- NORTHERN pursuant to this Agreement be used at any Owner agrees to pay the fair market value to CHEN- NORTHERN of any such equipment which location or for any project not expressly provided for in this Agreement without CHEN- cannot reasonably be decontaminated. prior n rmrc NORTHERN's crnn _. 's Written pa _ If o uses all or aortion of CHFN- ARTICLE 12. UNFORESEEN OCCURRENCES: If, during the performance of services, any .. _ __ _ __�__.. _.. _ owner _ s_ _ _ _n_� y portion NORTHERN's work on another project without CHEN - NORTHERN's permission, Owner shall, unforeseen hazardous substances, constituents or other unforeseen conditions or occurrences are to the maximum extent permitted by law save CHEN - NORTHERN harmless from any and all encountered which, in CHEN - NORTHERN's sole judgment significantly affect or may affect the claims arising from such unauthorized reuse. No part of any document CHEN - NORTHERN services, the risk involved in providing the services, or the scope of services, CHEN - NORTHERN delivers to Owner shall be reproduced or distributed, whether for advertising or any other purpose, will agree with Owner to modify the scope of services and provide an estimate of additional charges without CHEN- NORTHERN's written consent. to include study of the previously unforeseen conditions or occurrences, such revision to be in ARTICLE 6. FIELD REPRESENTATIVE: CHEN - NORTHERN's personnel will be present, writing and signed by the parties and incorporated herein; or CHEN - NORTHERN will terminate either full or part time, to provide observation and field testing of specific parts of the project. Should the services effective on the date specified by CHEN - NORTHERN in writing. a contractor be involved in the project, CHEN - NORTHERN's work does not include supervision ARTICLE 13. DAMAGE AT SITE: CHEN- NORTHERN will not be liable for any property or direction of the actual work of the contractor, its employees or agents. The contractor should be so damage or bodily ip arising from damage to or interference with surface or subterranean advised by the Owner. Neither the presence of CHEN - NORTHERN's field representatives nor any structures (including, without limitation, pipes, tanks, telephone cables, etc.) which are not called to observation or testing by CHEN- NORTHERN shall excuse the contractor in any way for the acts of CHEN - NORTHERN's attention in writing and correctly shown on the plans furnished by Owner omission of the contractor. it is agreed that CHEN - NOR T HER will not be responsible for job or in connection with work performed under this Agreement. Owner recognizes that the use of site safety on the project and that CHEN- NORTHERN does not have the right to stop the work of exploration and test equipment may unavoidably affect, alter, or damage the terrain and affect any contractor or other person at the site. subsurface, vegetation, buildings, structures and equipment in, at, or upon the site. Owner accepts ARTICLE 7. PUBLIC LIABILITY: CHEN- NORTHERN maintains workers' compensation the fact that this in inherent to CHEN - NORTHERN's work and will not hold CHEN - and employer's liability insurance for CHEN - NORTHERN employees as may be required by state NORTHERN liable or responsible for any such effect, alteration or damage. law as well as liability and auto liability insurance as required by law A Certificate of Insurance can ARTICLE 14. LITIGATION ASSISTANCE: The Scope of Services does not inetude costs of be supplied evidencing the coverage currently held by CHEN - NORTHERN. Subject to Article 8, CHEN - NORTHERN for required or requested assistance to support, prepare, document, bring, CHEN - NORTHERN wilt not be liable or responsible for any loss, damage, or liability beyond the defend, or assist in litigation undertaken or defended by the Owner. All such services required or amounts, limits, coverage, or conditions of such insurance specified above. In the event any third requested of CHEN- NORTHERN, except for suits or claims between the parties to this Agreement, party brings suit or claim for damages against CHEN- NORTHERN alleging exposure to or damage will be reimbursed as mutually agreed, and payment for such services shall be in accordance with from material, elements or constituents at or from Owner's site before, during, or after the services this Agreement, unless and until there is a finding by a court or arbitrator that CHEN - are performed by CHEN- NORTHERN or any of its agents pursuant to this Agreement, which is NORTHERN's sole negligence caused Owner's damage. alleged to have resulted in or caused disease or any adverse health condition to any third party or ARTICLE 15. CHANGES: The Owner may make or approve changes within the general scope resulted in costs for remedial action, uninhabitability of the property, or other property damage, of services in this Agreement. If such changes affect CHEN-NORTHERN's cost of or time required then: Owner agrees at its cost to defend CHEN- NORTHERN in any such suit or claim and pay on for performance of the services, an equitable adjustment in fees to be paid CHEN - NORTHERN will CHEN - NORTHERN's behalf any judgment entered against CHEN- NORTHERN, including any be made by an amendment to this Agreement. interest thereon. Owner will have the right to investigate, negotiate and settle, with CHEN- ARTICLE 16. FORCE MAJEURE: CHEN- NORTHERN is not responsible for damages or NORTHERN's concurrence, any such suit or claim, and CHEN- NORTHERN will cooperate in delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the the defense of any such suit or claim. control of CHE n- NORT!IERN. ARTICLE 8. PROFESSIONAL LIABILITY: Owner agrees to limit NORTHERN's liability ARTICLE 17. NO THIRD PARTY BENEFICIARIES: This Agreement gives no rights or to Owner or any third party arising from negligent or other acts, errors, or omissions, such that benefits to anyone other than the Owner and CHEN- NORTHERN and this Agreement has no CHEN - NORTHERN's total aggregate liability for any cause and based upon any legal theory, third -party beneficiaries. including strict liability, shall not exceed $50,000 or CHEN- NORTHERN's total fee received by it ARTICLE 18. LEGAL ACTION: Al! legal actions by either party against the other arising from pursuant to this Agreement, whichever is greater. If Owner desires to have higher limits of this Agreement, or for the failure to perform in accordance with the applicable standard of care, or professional liability, CHEN- NORTHERN agrees, upon receipt of Owner's written request at the any other cause of action, will be barred 2 years from the date the claimant knew or should have time of accepting CHEN - NORTHERN's Proposal, to engage in reasonable efforts to increase the known of its claim, but in any event no later than 4 years from the date of substantial completion of limits of liability by the purchase of a liability insurance policy for Owner's benefit, if available, for a CHEN - NORTHERN's services. fee to be negotiated between CHEN - NORTHERN and Owner. A Certificate of Insurance shall ARTICLE 19. BILLING: Unless otherwise indicated in CHEN - NORTHERN's Proposal, then be supplied evidencing the coverage obtained by agreement of the parties. billings will be based on actual accrued time, test costs and expenses. Owner agrees to pay invoices ARTICLE 9. SAMPLE HANDLING AND RETENTION: Test samples or specimens are upon receipt. Should payment not be received within 30 days of the invoice date, the amount due consumed or substantially altered during testing, and CHEN- NORTHERN, at CHEN- shall bear a service charge of 1.5 percent per month or 18 percent per annum and the costs of NORTHERN's sole discretion, will dispose (subject to the following) of any remaining residue collection, including reasonable attorneys' fees, if collected through an attorney If 1.5 percent per immediately upon completion of tests. month exceeds the maximum allowed by law, the charge will automatically be reduced to the A. NON - HAZARDOUS SAMPLES. At Owner's written request, CHEN - NORTHERN will maximum legally allowed. If Owner has any objections to any invoice or part thereof submitted by maintain preservable test samples and specimens or the residue therefrom for 30 days after the CHEN- NORTHERN, Owner shall so advise CHEN - NORTHERN in writing giving Owner's report date free of storage charges. After the initial 30 days, upon written request, CHEN- reasons within 14 days of receipt of such invoice. Payment of the invoice shall constitute final NORTHERN will retain test specimens or samples for a mutually acceptable storage charge approval of all aspects of the work performed to date as well as the necessity thereof. If the project is and time period. Owner agrees that Owner will not hold CHEN- NORTHERN responsible or terminated in whole or part then CHEN- NORTHERN shall be paid for services performed prior to liable for any loss of test specimens or samples retained in storage. CHEN - NORTHERN's receiving or issuing written notice of such termination, in addition to B. HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES. In the event that CHEN - NORTHERN's reimburseable expenses and any shut -down costs incurred. samples contain substances or constituents deeded hazardous or detrimental to health, safety, or ARTICLE 20. SURVIVAL: All obligations arising prior to the termination of this Agreement the environment as defined by federal, state or local statutes, regulations, or ordinances; and all provisions of this Agreement allocating the r or liability between Owner and CHEN- NORTHERN will, after completion of testing and at Owner's expense, (i) return such CHEN- NORTHERN shall survive the completion of the services and the termination of this samples to Owner, or (ii) using a manifest signed by Owner as generator, CHEN - NORTHERN Agreement. will have such samples transported to a location selected by Owner for final disposal. Owner ARTICLE 21. INTEGRATION: This Agreement and the documents attached hereto and agrees to pay all costs plus a reasonable handling charge associated with the storage, transport, which are incorporated herein constitute the entire Agreement between the parties and cannot be and disposal of samples. Owner recognizes and agrees that CHEN - NORTHERN is acting as a changed except by a written instrument signed by all parties hereto. bailee and does not at any time assume title to the waste. ARTICLE 22. GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the State of Idaho unless otherwise agreed between the parties, Ch en 1 o the1 11, iflC. Consulting Engineers and Scientists RECE IVED 2 Bo o h 4th Avenue Tri- Cities, Washington 99302 A �- OPMEAI 509 547 -, 671 509 547 -1673 Facsimile OOMMUM OF �°AKIM April 16, 1990 O City of Yakima Community and Economic Development 129 N. Second Street Yakima, WA 98901 ATTN: Mr. Glenn Rice Subject: Phase I and Phase II Environmental Assessment City of Yakima Property, 3204 -06 -08 West Nob Hill Blvd. Yakima, Washington Gentlemen: At your request, we are pleased to submit this proposal for a Phase I and Phase II environmental assessment at the subject site. Based on information you provided and our site visit, the property is presently a vacant lot surrounded by commercial and residential property. Commercial property adjacent to the site includes an existing Texaco Service Station to the east and an abandoned Chevron Service Station site to the west. Scope of Work The purpose of Chen- Northern's assessment will be to render an opinion on the presence of petroleum products or hazardous material in the subsurface soil and groundwater at the site. In order to complete this assessment, the following tasks will be required. Task 1 Visual Site Review - perform a visual site review in order to observe surficial evidence of a possible release of hazardous material or petroleum products to the soil or the groundwater. Task 2 Public Agency Contact - contact public officials in order to inquire about possible environmental concerns at the site. Task 3 Site History Review - review the history of the site and the surrounding area to identify possible previous activity that might have led to the presence of hazardous materials or petroleum products in the subsurface soil or the groundwater. A member of the (HIM group of companies City of Yakima Yakima, Washington page 2 Task 4 Subsurface Investigation - four exploration borings will be drilled in an apparent down gradient position to the service station property located adjacent to the subject site. We expect the depth of the borings to range from 15 to 20 feet. The actual depths will be determined by our on -site Hydrogeologist or Engineer. Our on- site representative will maintain a lithologic log using the Unified Soil Classification System (ASTM D2487) during drilling activities. Samples obtained during drilling will be screened for volatile organic compounds with a photoionization detector. Drilling equipment will be decontaminated prior to mobilizing on site and between each hole to prevent cross contamination. Task 5 Laboratory Analysis - in order to assess subsurface conditions at the site, soil samples will be collected from each boring for laboratory and head -space analysis. Due to the usage of the adjacent property, laboratory analysis will include tests for total petroleum hydrocarbon (EPA Method 418.1 or 8015) and volatile organic constituents (benzene, toluene, ethylebenzene and xylenes). Task 6 Reporting - a report will be prepared summarizing all data obtained and presenting observations and conclusions relating to the apparent environmental conditions at the site. The report will contain analytical laboratory results and an opinion with the regard to the presence of hazardous materials or petroleum products in the subsurface soil and groundwater at the site, and will define the limitations regarding this opinion. The report and opinion will not be based on scientific tasks or procedures beyond the scope of the described services. The findings and conclusions of this limited site assessment will not be scientific certainties, but rather probabilities based on our professional judgement concerning the significance of the data gathered during the course of the site assessment as outlined above. Chen- Northern will not be able to represent that the site contains no hazardous material, petroleum products, or other latent condition beyond that detected or observed by Chen- Northern during the site assessment. Basis of Billing Billing will be based on actual accrued time and expenses in accordance with the attached Unit Price Schedule. The anticipated cost of this assessment will be $3800 to $4800. This estimate is based on the anticipated scope of work outlined above, which represents our best judgement as to the level of effort required. City of Yakima Yakima, Washington page 3 Enclosed are two copies of our Standard Agreement for Services. If you should find this proposal acceptable, please sign and return one copy as our authorization to proceed. We appreciate the opportunity to submit this proposal. If you have any questions or require additional information, please contact me at your convenience. Respectfully submitted, C EN NOM E:RN, INC. Dee J. e ie, P.E. Division Manager DJB:GGH /dmm Enclosure: Budget Estimate Contract UNIT PRICE SCHEDULE AND BUDGET ESTIMATE CITY OF YAKIMA ENVIRONMENTAL SITE SERVICES WEST NOB HILL SITE ESTIMATED UNIT ESTIMATED OUANTITY PRICE TOTAL Task 1 - Site Reconnaissance - Phase I Senior Technician/Staff Engineer per hour 1.0 42.00 42.00 Task 2 - Agency /Adjacent Landowner Inquiry Project Hydrogeologist, per hour 3.0 54.00 162.00 Task 3 - Land Use Survey, Ownership History Project Hydrogeologist, per hour 3.0 54.00 162.00 SUBTOTAL 366.00 Task 4 - Borings Mobilization Drill Rig, per mile 180 2.50 450.00 Tender Vehicle, per mile 180 .30 54.00 Hydrogeologist, per hour 3.0 42.00 126.00 Drill Crew, per hour 3.0 70.00 210.00 Drilling and Logging Drill Rig and Crew, per hour 7.0 110.00 770.00 Hydrogeologist, per hour 7.0 42.00 294.00 Steam Cleaner, per day LS 75.00 75.00 Photoionization Detector, per day LS 75.00 75.00 SUBTOTAL 2054.00 Task 5 - Laboratory Analysis Total Petroleum Hydrocarbon 4 70.00 280.00 BTEX 4 90.00 360.00 Moisture 4 14.00 56.00 Shipping, cost + 15% LS 50.00 50.00 SUBTOTAL 746.00 Task 6 - Data Analysis and Reporting Project Hydrogeologist, Grade III, per hour 8.0 54.00 432.00 Senior Project Engineer, Grade V, per hour 3.0 75.00 225.00 Drafting, report preparation, lump sum LS 150.00 150.00 SUBTOTAL 807.00 TOTAL ESTIMATED COST $ 3973.00