HomeMy WebLinkAboutR-1990-D5734 Environmental Assessment RESOLUTION NO. p'
A RESOLUTION authorizing the City Manager and City Clerk of
the City of Yakima to enter into an Agreement for
services to perform an environmental assessment
of property located in the City of Yakima
WHEREAS, the City of Yakima desires to purchase certain
real estate located within the City of Yakima, and
WHEREAS, the City of Yakima desires to have an environ-
mental assessment of that property in order to determine the
suitability of the property for purchase, 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 $4,500.00.
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ADOPTED BY THE CITY COUNCIL this �day of 1)
1990.
Mayor
ATTEST:
/ ins_
City Clerk
(res /Chen.2)
Chen - Northern, Inc.
A member of the (HIHM 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 4TH Ave
Pasco, WA 99301
hereinafter called CHEN- NORTHERN, who agree as follows:
1. DECLARATIONS. CLIENT DESIRES TO ENGAGE CHEN- NORTHERN to provide services in
connection with Owner's project ( "The Project ") described as follows: Environmental Assessment
Don J. Young Company Property, S. 3rd Avenue and West pine, Yakima, WA
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.
Chen— Northern's fee shall not exceed $4,000.00 without obtaining advance written
approval from the City of Yakima.
EXECUTED THIS i day of VIA-e---\ , 19 9 0
(\ `O; �` \ CITY CONThACI
B City Manager
ty o Yakima Title Attest: KC.i -.---
��� City Clerk
By
Division Manager
en- Northern, Inc. Title
(rev. 1988) CNI - 187
CHEN - NORTHERN INC .
TA MI' ADP TERMS AND D r(UIJ11ITUWQ
1JiA1 \YJAi�V YLY�1ri1J AL \L 6iVr \EJt aiVi\t.s
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 shall 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, CIIEN-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
mendations 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,
NORTHERN wiii reperform any service not meeting this standard without additional compensa- any information that may be nec asary to ptevcut any danger to health, safety, or the environment.
non. 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. defend, 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 - NORTHERN's report or shown on sketches are based on specific information (d) Allegations that CHEN- NORTHERN is a handler, generator, operator, treater, Storer,
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 Enviromrientai 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 pact of the service pursuant to this Agreement, shall remain CHEN- ARTICLE 1 a 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.
NORTHERN's prior written permission. If Owner uses all or any portion of CHEN- ARTICLE 12. UNFORESEEN OCCURRENCES: If, during the performance of services, any
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 shoWd be so damage or bodily itrinry arising front 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 ':' 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
h i CH NORTHERN ill k performed
omtsston of the contractor. n is agreed that CHEN-NORTHERN nntcry ww not be responsible for job or in connection with wot re 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 include 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 will 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 sun or claim. control of CHEN- NORTHERN.
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: All legal actions by either party against the other arising from
. pursuant to this Agreement, whichever is greater. If Owner desire; to have higher limits of this Agreement, or for the failure to perform in a ccordance with the applicable standard of care, or
professional liability, CHEN - NORTIIERN 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, fora 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 reimburse-able 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 ordinanc and all provisions of this Agreement allocating the responsibility or liability between Owner and
CHEN- NORTHERN will, after completion of testing and at Owner's expense, (1) 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.