HomeMy WebLinkAboutR-2023-141 Resolution authorizing Supplemental Agreement 1 to the Professional Services Agreement with Haley & Aldrich Inc to perform the design and remediation for the environmental cleanup of the former Tiger Oil site at 2312 W Nob Hill Blvd EV2999 RESOLUTION NO. R-2023-141
A RESOLUTION authorizing Supplemental Agreement 1 to the Professional Services
Agreement with Haley &Aldrich Inc to perform the design and
remediation for the environmental cleanup of the former Tiger Oil site at
2312 W Nob Hill Boulevard.
WHEREAS, the City of Yakima previously entered into a contract with Haley & Aldrich
Inc (C-2022-225) to provide remediation work on the environmental cleanup and redevelopment
of the former Tiger Oil site at 2312 W Nob Hill Boulevard; and
WHEREAS, the Scope of Services for Supplement 1 includes Tasks 1e2 — 1g to provide
engineering and environmental services, which include a pilot study work plan and groundwater
monitoring event; and
WHEREAS, the City of Yakima has previously received grant funding from the
Department of Ecology (DOE) to aid in the cleanup of this site requiring a 10% match of local
funds; and
WHEREAS, the Scope of Work included in this Supplemental Agreement with Haley
& Aldrich Inc meets the needs and requirements of the City of Yakima for this project; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests of
the City and its residents to enter into Contract Supplement 1 of the Professional Services
Agreement with Haley & Aldrich Inc for tasks associated with remediation of the environmental
cleanup of the former Tiger Oil site at 2312 W Nob Hill Boulevard; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute Supplemental Agreement 1 with
Haley & Aldrich Inc, attached hereto and incorporated herein by this reference, not to exceed
One Hundred Twelve Thousand Five Hundred and Sixty-Two Dollars ($112,562) to provide the
Professional Services as described in the Supplemental Agreement 1.
ADOPTED BY THE CITY COUNCIL this 17th day of October, 2023.
i
Janice Deccio, Mayor
ATTEST: ,
s-cFNA
Rosalinda Ibarra, City Clerk �HiNG'.c,
Contract Supplemental Agreement
Supplemental Agreement Organization and Address:
Haley & Aldrich Construction Services
Number: 1 3131 Elliott Ave, Ste 500
Seattle, WA 98121
Original Contract Number: Execution Date of Supplement:
2022-225
City Engineering Project Number: Completion Date of Supplement:
2999 12/31/2024
Project Title: Maximum Amount Payable this Supplement:
Nob Hill Blvd (Tiger Oil) Site Cleanup $112,562
Maximum Total Amount Payable for the
Agreement: $262,619 ($150,057 PSA+$112,562 Supp 1)
Section 1: Supplemental Agreement
The City of Yakima, Washington desires to supplement the contract agreement entered into with Haley &
Aldrich Construction Services, Inc, and executed on 12/14/22 by Resolution No. 2022-174 and
identified as Contract 2999. All provisions in the basic contract remain in effect except as expressly
modified by this supplement. The changes to the agreement are described as follows:
Section 2: Scope of Services
See attached Scope of Work dated 9/29/23
Section 5: Compensation
Payment for this supplemented work will, as shown on Exhibit A is not to exceed $112,562, bringing the
total amount of the Agreement to$262,619
Section 7: Project Schedule and Budget
If you concur with this supplement and agree to the changes as stated above, please sign the appropriate
spaces below and return to this office for final action.
By: JJL1 e w. wl .)kG‘i c By: RD %r+ fir,
Consultant Signature City Manager
aa Date
CITY CONTRACT NOGlTI
RESOLUTION NO '
HALEY&ALDRICH, INC
HIREM 3131 Elliott Avenue
'CH Seat e
Seattle,,
WA 98121
206 324 9530
29 September 2023
File No. P204793-000
City of Yakima,Office of the City Clerk
Yakima City Hall
129 North 2nd Street
Yakima,Washington 98901
Attention: Bill Preston, P.E.,Yakima City Engineer
Subject: Former Tiger Oil West Nob Hill Site
Facility Site ID:469, Cleanup Site ID:4919
2312 West Nob Hill Boulevard,Yakima, Washington 98902
Proposal and Scope of Work for Supplemental Task 1B Work Order
NEBS Pilot Study Work Plan & Baseline Groundwater Monitoring Event with Microbial
Sampling/Analyses
Dear Bill Preston:
Haley&Aldrich, Inc. (Haley&Aldrich) is pleased to submit this proposal for engineering and
environmental services in connection with the above-referenced site (the Site) and supplemental tasks
to the previously approved Task 1, Sub-Slab Depressurization System (SSDS) Pilot Testing and Design,on
14 December 2022.The Supplemental Task iB Work Order is comprised of tasks requested by the City
of Yakima (City) and the Washington State Department of Ecology(Ecology).
Project Understanding
The Site (Ecology Facility Site Number[No.]469, Cleanup Site No.4919) is located at 2312 West Nob Hill
Boulevard, in Yakima, Washington.The Site is specific to where contamination resulting from former
operations at the former Tiger Oil facility(the Property) has come to lie, irrespective of property
boundaries. A retail gasoline station had operated on the Property from 1978 until 2001. Currently,
there are no commercial activities at the gravel-surface undeveloped Property. Several fuel releases at
the Property during its active facility operations had resulted in gasoline petroleum fuel impacts to soil
and groundwater at the Property as well as to the adjoining parcels to the east, south, and southeast
(the Site-Figure 1). Interim remediation and groundwater monitoring activities conducted at the Site
are conducted under Amended Consent Decree No. 02-2-00956-22.
The Property is owned by Heyden Properties, LLC(Heyden Properties).The City was formerly the
Property owner until 2019.The Property is currently zoned as "B-2" with designation of future land use
as Community Mixed Use. Access to the Property is from West Nob Hill Boulevard and South 24th
Avenue, adjacent north and west, respectively, of the Property.
www.haleyaldrich.com
City of Yakima
29 September 2023
Page 2
Until it was purchased by Tiger Oil Corporation (New Tiger) in 1987,the Property was operated by the
Tiger Oil Company as a retail fuel station. New Tiger operated the Property as an Exxon-branded fuel
station and convenience store from 1987 until 2001. All commercial operations ceased in 2001 and the
Property has remained vacant since 2001.The fuel station included four underground storage tanks
(USTs) (one 20,000-gallon,two 10,000-gallon, and one 8,000-gallon tank) and associated product lines.
The system was used for bulk petroleum storage and distribution.
Groundwater monitoring was being conducted on a semiannual basis at the Site. Figure 1 presents the
location of monitoring wells at the Site. Groundwater monitoring events in 2021 indicated that Light
Nonaqueous-Phase Liquid (LNAPL)thicknesses had ranged from 0.005 to 2.79 feet within the source
area at the Property and at immediate area downgradient to the east-southeast. Figure 2 presents the
estimated extent of residual LNAPL.
Groundwater at the Site is also impacted by halogenated volatile organic compounds (VOCs),typically
associated with solvents from dry cleaning operations. Groundwater at the Site exhibits detections of
tetrachloroethene (PCE) and vinyl chloride, at concentrations above their respective Model Toxics
Control Act (MTCA) Method A cleanup levels (CULs).
Haley&Aldrich had conducted a SSDS pilot study in February 2023 to evaluate whether SSDS was a
viable and effective approach for vapor mitigation at the Property,to aid in the design of the most
suitable and cost-effective vapor mitigation strategy,and to better quantify the overall magnitude and
size of the required vapor mitigation system.The results of the pilot testing indicated that vacuum
propagation in the subsurface at the Property was limited;therefore,SSDS is not a viable vapor
mitigation strategy at the Site. A full-scale barrier soil vapor extraction system was recommended for
vapor mitigation.This system has the added benefits of mass removal and remediation of the shallow
soils.
Scope of Services
The tasks outlined in this Task 1B,Supplemental Work Order,are designed to be completed prior to
conducting the primary tasks under Task 2,Targeted Reduction of Residual LNAPL involving the nutrient
enhanced biological stimulation (NEBS) remedial technology.This technology uses the PHOSter nutrients
injection technology as well as air-and gas-phase nutrients to promote cell divisions of indigenous
microbes to sufficient numbers to quickly oxidize carbon-based contaminants such as petroleum
hydrocarbons and chlorinated solvents.
The supplemental tasks for Task 1B include the following services:
• Prepare a NEBS remedial technology pilot study work plan, and
• Conduct a baseline groundwater monitoring event at the Site involving its 23 monitoring wells
with additional monitoring/sampling activities for Microbial Insight QuantArray Petroleum and
QuantArray Chlor analyses,at four selected monitoring wells,to provide an updated baseline
understanding of the Site's groundwater quality conditions and insights into the existing
- 1CH
City of Yakima
29 September 2023
Page 3
microbial populations conditions at selected monitoring wells located within and downgradient
of the proposed NEBS pilot study remedial action, respectively.
All field construction and setup work(drilling,well installation, equipment setup, etc.)will be performed
under Haley&Aldrich's oversight. Haley&Aldrich personnel will also conduct the groundwater
monitoring/sampling activities.
TASK 1F: PREPARE NEBS PILOT STUDY WORK PLAN
The NEBS pilot study work plan will present the details for the construction,startup, and operation,
maintenance, and monitoring(OM&M) of the NEBS system.
The work plan will include the following:
a. A schematic of the proposed NEBS system and equipment;
b. System and process equipment general arrangement and layout;
c. A system process and instrumentation diagram (P&ID);
d. System electrical panels and requirements;
e. Identification of the proposed locations for the three injection wells;
f. An as-built schematic for the injection wells;
g. Identification of the four selected monitoring wells for sampling and analyses of Microbial
Insight QuantArray Petroleum and QuantArray CHLOR analyses during the baseline groundwater
monitoring event and for the final groundwater monitoring event after the completion of the
NEBS pilot study;
h. A schedule of the implementation for the construction, startup, and OM&M of the NEBS system;
and
i. A planning level engineer's cost estimate for the construction, startup, and OM&M of the NEBS
system.
The NEBS implementation work plan, and the planning level engineer's cost estimate will be signed and
stamped by a qualified professional engineer(PE) licensed in the State of Washington.
All field activities will be coordinated with Heyden Properties,the City, Ecology Site Manager,
Xochimilco, Barber HQ, and 1Up Games. Haley&Aldrich will be in direct communications with the City
and Ecology throughout all field activities.
This task is estimated to be completed in approximately 4 to 6 weeks from project authorization.
IlibRICH
City of Yakima
29 September 2023
Page 4
TASK 1G: BASELINE GROUNDWATER MONITORING AND SAMPLING EVENT WITH MICROBIAL
SAMPLING/ANALYSES
A baseline groundwater monitoring/sampling event with microbial sampling and laboratory analyses will
be conducted prior to conducting the NEBS pilot study to provide a baseline and current understanding
of the Site's groundwater quality conditions.The baseline groundwater monitoring event will include
the following services, based on the Site's 2015 Groundwater Compliance Monitoring Plan and
subsequent updated findings involving the Site's halogenated volatile organic compounds impacted
groundwater:
• The static water level at the Site's 23 monitoring wells(Figure 1)will be measured using a water
level probe.
• If LNAPL(i.e.,free product) is encountered,the thickness of the LNAPL will be measured using
an oil/water interface meter.
• Groundwater monitoring/sampling activities will be conducted at the Site's designated
17 compliance monitoring wells.
• The integrity of each well seal and cap will be observed to ensure potential surficial
contaminants would not enter the well and will be documented.
• Groundwater monitoring and sampling activities will be conducted in general accordance with
industry standard sampling protocols and consistent with the Site's Groundwater Compliance
Monitoring Plan with at least one pore volume extracted from each well and field parameters
stabilized before sample collection.
• Water quality parameters will be measured with a YSI meter and a turbidity meter before
sample collection and will be recorded on field sampling data sheets.
• Groundwater samples will be collected using low-flow sampling techniques involving a
peristaltic pump and newly replaced dedicated disposable tubing.
• A field duplicate groundwater sample will be collected.
• Groundwater samples from non-LNAPL-containing monitoring wells will be analyzed for the
following constituents of concern (COCs)and geochemical parameters:
— Gasoline-range total petroleum hydrocarbons (TPHs) by Northwest TPH Method Gx;
— Petroleum fuel associated VOCs, specifically benzene,toluene, ethylbenzene, and
xylenes (BTEX) and naphthalene by U.S. Environmental Protection Agency(EPA)
Method 8260D;
— Halogenated VOCs by EPA Method 8260D;
— Nitrate by EPA Method 353.2;
— Total manganese by EPA Method 200.8;
— Sulfate by American Society for Testing and Materials (ASTM) International D516-07;
— Methane by EPA National Risk Management Research Laboratory Method 175;and
— Ferrous iron will be measured in the field, using a Hach test kit(Model IR-18C).
ICH
City of Yakima
29 September 2023
Page 5
• The Site's four soil vapor point monitoring wells (SVP-01 through SVP-04)screened interval
(shallow, medium,and deep)will be monitored using a multi-gas meter.
Investigation-derived waste (IDW),such as purged water,generated during the groundwater monitoring
event will be placed into 55-gallon Washington State Department of Transportation-approved drums
and temporarily stored on Site.The waste will be disposed of once a sufficient number of drums (at least
four) have been accumulated and the characterization of the IDW has been completed and approved by
the regulated disposal facility.
All field activities will be coordinated with Heyden Properties,the City, and Ecology Site Manager,
Xochimilco, Barber HQ and 1Up Games. Haley&Aldrich will be in direct communications with the City
and Ecology throughout all field activities.
This task is estimated to be completed in approximately three fieldwork days.This task is tentatively
scheduled for 9 and 10 October 2023.
Project Schedule
The proposed tasks will be implemented after receiving approvals from the City and Ecology. A
preliminary tentative schedule for each of the key tasks is listed below:
EVENT/TASK DURATION ANTICIPATED
TIMELINE
October through
Task 1F: Prepare a NEBS Pilot Study Work Plan 4 to 6 weeks November 2023
Task 1G: Baseline Groundwater Monitoring Event with 3 days October 2023
Microbial Sampling and Analyses
*The anticipated schedule presented herein is contingent upon the approval of this Task 18 Supplemental Work Order from
the City and Ecology.
Proposed Fee Estimate
Services for Tasks 1E2, 1F, and 1G will be conducted for a total estimated fee of$112,562 to be provided
on a time-and-materials basis, itemized as follows. Note:Task 1E2 was pre-authorized work by the City
for Haley&Aldrich to draft the proposed approach and scope of services for the NEBS remedial action
technology,engaging with Smith Monitoring& Maintenance Engineering, Inc.for the NEBS remedial
action technology and construction of the system, and preparing the cost estimate for the upcoming
Task 2,Targeted Reduction of Residual LNAPL via the NEBS technology.
ID ICH
City of Yakima
29 September 2023
Page 6
TASK TOTAL
TASK DESCRIPTION HALEY& SUBCONTRACTORS
NO. ALDRICH LABOR BUDGET
Pre-authorized work for preparation of a
1E2 Scope of Services and Cost Estimate for $22,762 $0 $22,762
construction, implementing,and
conducting the NEBS Pilot Study
1F Prepare a NEBS Pilot Study Work Plan $24,500 $3,450 $27,950
1G Baseline Groundwater Monitoring Event $39,750 $22,100 $61,850
with Microbial Sampling and Analyses
Sub-Total Budget: $87,012 $25,550 $112,562
Total Budget: $112,562
*We reserve the right to negotiate adjustments to the proposed fee amount should the assumptions,information,schedule,or
authorized scope change from those noted herein.
We anticipate that the undersigned (Yen-Vy Van)will serve as the Project Manager on the project.
Authorization
Services will be provided on a time-and-materials basis in accordance with our"Standard Terms and
Conditions, 2020" and "Standard Fee Schedule,"dated January 2022, designated 2022 PNW,which are
integral to this proposal.
This proposal is valid for a period of 60 days from the date of this letter. If acceptance and authorization
to proceed are not received within that period, we reserve the right to renegotiate the estimated costs,
schedule for completion, and scope of services.
If the above arrangements are satisfactory to you, please indicate your acceptance by signing and
returning one copy of this letter. When accepted by you,this proposal together with the attached Terms
and Conditions and Fee Schedule will constitute our Agreement.
'LDRICH
City of Yakima
29 September 2023
Page 7
We appreciate the opportunity to submit this proposal and look forward to our association with you on
this project. Please contact the undersigned if you wish to discuss this proposal or any aspect of the
project.
Sincerely yours, This proposal, and the attached ""Standard
HALEY&ALDRICH, INC. Fee Schedule" and "Standard Terms and
Conditions",are understood and accepted:
City of Yakima
Yen-Vy Van, L.H.G.
Senior Project Manager By
(authorized signature)
By
Julie K.W.Wukelic, CEM (print or type name)
Senior Principal Engineer
Title
Attachments:
Figure 1-Former Tiger Oil Site Plan Date
Figure 2- Estimated Extent of Residual LNAPL
Standard Fee Schedule 2022 PNW
Standard Terms and Conditions, 2020
c: Washington State Department of Ecology;Attn.: Mary Monahan, Ecology Site Manager
\\haleyaldrich com\share\sea_proiects\Notebooks\0204793-000_Yakima_Remedial_Action_and_Long_Term_Monitonng_Plan\Deliverables\Proposal\UPDATED
Task 1B Suppl WO\2023_0929_HAI_Tiger Oil Site Task 1B Suppl WO docx
ICH
.. LEGEND
- - - GROUNDWATER MONITORING NETWORK WELL
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LEGEND
PROPOSED DATA GAP MONITORING WELL
GROUNDWATER MONITORING NETWORK WELL
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-------______________—_._ SENTRY MONITORING WELL
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ESTIMATED EXTENT OF
RESIDUAL LNAPL
- JUNE 2022 FIGURE 2
Standard Fee Schedule
"EbNIcH 2022 PNW
FEES FOR SERVICES
Fees for services will be based on the time worked on the project by staff personnel plus reimbursable
expenses. The fee will be computed as follows.
1. Labor related fees will be computed based on personnel billing rates in effect at the time the services
are performed. Personnel billing rates are subject to revision on, or about, 1 January and 1 July of
each year. The hourly rates are fully inclusive of fringe benefits, burden, and fee. Current rates are
provided in the table below.
Classification Hourly Rate
Project Support $115
Technician $110
Project Technician $120
Senior Technician $135
Project Controls $140
Staff Professional 1 $125
Staff Professional2 $150
Project Professional $165
Technical Specialist/Modeler $170
Project Manager/Senior Technical Specialist $200
Senior Project Manager/Technical Expert $235
Program Manager/Senior Technical Expert/Principal $270
Senior Principal $305
2 Pre-trial conferences,depositions, and expert testimony will be billed at one and one-half(1.5)times
the rates quoted above.
3 Second and Third Shift,Weekend, and Holiday hours will be billed at$40/hour premium. Second and
Third Shifts are those starting between 4 PM and 4 AM.
4. Field visits will be billed at 4-hour minimum; night shifts will be billed at 8-hour minimum.Cancellation
of scheduled night shift within 24 hours will be charged the full 8 hours.
5. Direct non-salary expenses will be billed at our cost plus fifteen (15) percent, except for employee
vehicle use which will be billed at IRS allowed mileage rates.
6. General project-related expenses such as mobile phone expenses (including mobile app fees);
in-house reproduction; printing costs for reports, drawings, and other project records; mail and
overnight document delivery; and long-term electronic and paper document storage will be billed as
a general communication fee at a rate of four(4) percent of the labor charges.
7. Subcontractors will be billed at our cost plus fifteen (15) percent.
8 Equipment and laboratory testing will be billed at rates listed in the attached Equipment and
Laboratory Rate Schedules, as applicable.
Equipment Rate Schedule
H 'CH 2022 PNW
Page 1 of 2
EQUIPMENT RATE SCHEDULE
AIR MONITORING EQUIPMENT Daily Weekly Monthly
Drager/Rae Sampling Kit(tubes not included) $10 $40 $120
Dust Monitor $100 $400 $1,200
Four-Gas Meter $43 $172 $516
Photoionization Detector-10.6 or 11.7 eV $70 $280 $840
FIELD TESTING Daily Weekly Monthly
Double Ring Infiltrometer $250 ---
Field Supplies $28 $112 $448
Guelph Permeameter $150
Inclinometer Readings $250 ---
Sand Cone Field Density Kit $75 $225 $725
pH Meter $15 $60 $180
Pile Load Testing(per test) $1,500 ---
Plate Load Tester(per day) $50 ---
Pit Box Test(per day) $400 ---
Slug Test Kit(per day) $350 ---
Wood Pile Load Testing(per test) $250 ---
SAMPLING EQUIPMENT Daily Weekly Monthly
Groundwater Sampling Bundle with Bladder Pump $315 $1,000 $3,000
Groundwater Sampling Bundle with Peristaltic Pump $250 $750 $2,100
Groundwater Sampling Bundle with Grundfos Pump $350 $1,100 $3,100
Rotohammer Drill $100 $400
Soil Sampling or Tank Pull Equipment Bundle $150 $350 $1,050
Soil Vapor Sampling Bundle $400 $1,400 $2,600
Turbidity Meter $20 $80 $240
YSI Meter with Flow Cell $100 $400 $1,200
WATER LEVEL METERS AND INTERFACE PROBES Daily Weekly Monthly
Barologger $10 $40 $120
Levelogger $25 $100 $300
Oil/Water Interface Probe $50 $200 $600
Water Level Indicator $20 $80 $240
GEOTECHNICAL INSTRUMENTATION Daily Weekly Monthly
Cone Penetrometer $15 $60 $180
Dynamic Cone Penetrometer $150 ---
Electronic Readout Box $25 $100 $300
In-Place Inclinometer Rental --- --- $1,250
Nuclear Density Gauge $100 $300 $900
Power System-Battery $5 $20 $60
Power System-Solar $15 $60 $180
Seismograph-Manual $75 $225 $725
Seismograph-Remote Units $100 $275 $825
Vibration and Sound Monitoring Station $125 $325 $925
Equipment Rate Schedule
FIREBNICH 2022 PNW
Page 2 of 2
EQUIPMENT RATE SCHEDULE(continued)
MISCELLANEOUS Daily Weekly Monthly
Camera-Digital $10
Decontamination Kit(each) $50
Drone $250 $1,000 ---
Field Truck(including fuel) $95 $380 $1,140
Generator $50 $200 $600
GeoTech Sample Jars 16 oz. (per box) $10 --- ---
GPS Unit $150 $600 $1,800
Harness with Restraint Lanyard $40 $160 $480
Motorola CP200d Radio(pair) --- $35 $140
Personal Protective Equipment-Level C(per person) $45 --- ---
R/V Catalyst-26 Ft Sampling Vessel $600 --- ---
Research Nets $60 --- ---
Sampling Tubing(roll) $20 --- ---
Saximeter ll $35 $140 $420
Sound Level Meter $50 $200 $600
Tool Trailer $300 --- ---
•
Laboratory Rate Schedule
HEb'CH 2022 PNW
Page 1 of 1
LABORATORY RATE SCHEDULE
SOIL CLASSIFICATION AND INDEX TESTS Unit Price
Atterberg Limits-1 Point $125
Atterberg Limits-3 Point $180
Grain Size-Hydrometer and Sieve Analysis $300
Grain Size-200 Wash $100
Grain Size-Sieve Analysis(Standard Sample) $125
Grain Size-Sieve Analysis(Bulk Sample) $150
Grain Size-Hydrometer $175
Water Content $25
Organic Content $75
Specific Gravity $125
Visual Classification $15
SOIL MOISTURE-DENSITY TESTS Unit Price
Bulk Density $100
California Bearing Ratio(CBR) $650
Proctor-1 Point $120
Proctor-4 Point $250
Proctor-4 Point(Cohesive Soil) $300
SOIL CONSOLIDATION AND STRENGTH TESTS Unit Price
Consolidation-Constant Rate of Strain(CRS) $650
Consolidation-Incremental $500
Unconfined Compression $100
Direct Simple Shear(DSS) $300
Cyclic Direct Simple Shear(CDSS) $650
Triaxial Compression-Isotropic Consolidation $500
Triaxial Compression-Ko/anisotropic Consolidation $800
Triaxial Compression-Unconsolidated $300
SURCHARGE RATES Unit Price
Atterberg Limits Dry Prep $15
Atterberg Limits Organic Classification $40
Sample Preparation $120
Triaxial High Pressure(over 100 psi) $100
Tube Cut(per cut) $25
Tube Extrusion $100
Additional H&A Laboratory analyses,pricing, and rush rates available upon request.
RICH Standard Terms and Conditions 2020
1. INTRODUCTION.These Standard Terms and Conditions,together with the accompanying proposal and any attachments
thereto ("Proposal"), constitute the Agreement between Haley & Aldrich, Inc., including its affiliates and subsidiaries
("Haley&Aldrich"),and the entity or person to whom the proposal is addressed("Client")for the project at the project
site("Site")as may be referenced in the Proposal.Both parties agree that no third-party beneficiaries are intended by this
Agreement,which is defined to include these Terms and Conditions and Haley&Aldrich's Proposal
2 HEADINGS The headings used in these terms and conditions are inserted for the convenience of the parties and shall not
define,limit,or describe the scope or the intent of the provisions set forth herein.
3. PERFORMANCE OF SERVICES.Client agrees that Haley&Aldrich has been engaged to provide professional services only,
and that Haley&Aldrich does not owe a fiduciary responsibility to Client. Haley&Aldrich's services will be performed in
accordance with generally accepted practices of engineers and/or scientists providing similar services at the same time,in
the same locale, and under like circumstances ("Standard of Care"). No warranty, expressed or implied, is included or
intended by this Agreement.
4. CLIENT RESPONSIBILITIES.Except as otherwise agreed,Client will secure the approvals,Site access,permits,licenses,and
consents necessary for performance of Haley&Aldrich's services under this Agreement.Client shall provide Haley&Aldrich
with a plan delineating the boundaries of the Site and all documents, reports, surveys, plans, drawings, information
concerning known or suspected Site conditions,above and below ground,information related to hazardous materials or
other environmental or geotechnical conditions at the Site, utility information and other information that is reasonably
foreseeable to be pertinent to Haley&Aldrich's services under this Agreement.If Client is not the owner of the Site,Client
will make all reasonable attempts to obtain these same documents and provide them to Haley&Aldrich.Unless otherwise
agreed to in writing by Haley&Aldrich, Haley&Aldrich shall be entitled to rely on documents and information Client
provides.
5. PAYMENT Invoices will generally be submitted monthly. Payment will be due within thirty (30) days of invoice date.
Interest will be added to accounts in arrears at the rate of one and one-half(1.5)percent per month on the outstanding
balance. In the event Haley&Aldrich must engage counsel to enforce overdue payments,Client will reimburse Haley&
Aldrich for all attorney's fees and court costs
6. INSURANCE. Haley&Aldrich will maintain. workers'compensation insurance as required under the laws of the state in
which the services will be performed;commercial general liability insurance with a combined single limit of$1,000,000 per
occurrence and$2,000,000 in the aggregate for bodily injury,including death and property damage;automobile liability
insurance with a combined single limit of$1,000,000 per occurrence; professional liability insurance in the amount of
$1,000,000 per claim and in the aggregate;and contractor's pollution liability insurance in the amount of$1,000,000 per
occurrence and in the aggregate.
7 OWNERSHIP OF DOCUMENTS AND AUTHORIZED USE. All documents and all processes created, prepared, or furnished
under this Agreement by Haley&Aldrich are its instruments of service and all ownership and copyright rights of the same
shall remain with Haley&Aldrich.Haley&Aldrich's instruments of service are prepared solely for Client and made available
to Client only for the purpose set forth in the Proposal.Client may make and retain copies of Haley&Aldrich's instruments
of service,opinions,or reports or otherwise related documents("Instruments of Services")for the project at the Site.Any
(1)reuse or modification of Haley&Aldrich's Instruments of Services without written verification or adaption by Haley&
Aldrich for the specific purpose intended and/or(2)unauthorized use of,or reliance upon,Haley&Aldrich's Instruments
of Services by any other party,or for any other project or purpose,except and unless Haley&Aldrich provides prior written
authorization,shall be at Client's and/or any third party's sole risk and without any liability or legal exposure to Haley&
Aldrich.Client shall indemnify,defend,and hold harmless Haley&Aldrich from all claims,damages,losses,and expenses,
including attorney's fees, arising out of or resulting therefrom. Client agrees that any such verification or adaptation of
Haley&Aldrich's documents and processes shall entitle Haley&Aldrich to just and proper compensation.
8 CONFIDENTIALITY. Haley&Aldrich will hold confidential all business and technical information obtained or generated in
performing of services under this Agreement. Haley&Aldrich will not disclose such information without Client's consent
except to the extent required for. (1) performance of services under this Agreement, (2) compliance with professional
standards of conduct for preservation of the public safety, health, and welfare, (3) compliance with any court order,
statute, law,or governmental directive;and/or(4) protection of Haley&Aldrich against claims or liabilities arising from
the performance of services under this Agreement.Haley&Aldrich's obligations hereunder shall not apply to information
in the public domain or lawfully obtained on a non-confidential basis from others
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9 SUSPENSION OF WORK AND TERMINATION.Client may,at any time,suspend further work by Haley&Aldrich or terminate
this Agreement. Suspension or termination shall be by written notice effective three (3) business days after receipt by
Haley&Aldrich.Client agrees to compensate Haley&Aldrich for all services performed and commitments made prior to
the effective date of the suspension or termination, together with reimbursable expenses including those of
subcontractors, subconsultants, and vendors. Client acknowledges that its failure to pay all invoices on time and in full,
including accrued interest,may result in a suspension of services by Haley&Aldrich.In the event of a suspension of services
due to Client's failure to pay all invoices on time and in full, Haley&Aldrich shall have no liability to Client for delay or
damage to Client or others because of such suspension of services.
10 FORCE MAJEURE. Except for Client's obligation to pay for services rendered, no liability will attach to either party from
delay in performance or nonperformance caused by circumstances or events beyond the reasonable control of the party
affected, including, but not limited to, acts of God, fire, flood, unanticipated Site or subsurface conditions, pandemics,
explosion,war,terrorism,request or intervention of a governmental authority(foreign or domestic),court order(whether
at law or in equity),labor relations,accidents,delays or inability to obtain materials,equipment,fuel or transportation.
11 SUBSURFACE RISKS.Client shall disclose to Haley&Aldrich any known or suspected subsurface conditions,below ground
structures,and information related to hazardous materials or other environmental or geotechnical conditions at the Site
Client recognizes that inherent risks occur in the exploration and evaluation of subsurface conditions Even with the
information the Client provides to Haley & Aldrich and a comprehensive sampling, testing and exploration program
performed in accordance with the Standard of Care,certain underlying conditions and/or structures may not be identified,
and Client agrees to accept this level of risk Client agrees to indemnify and hold Haley & Aldrich, and each of their
subcontractors,consultants,officers,directors,and employees(Haley&Aldrich)harmless against any and all claims,losses,
liabilities or damages, direct or consequential, related to interference with subterranean structures, or other such
subsurface conditions, substances, or features that are not called to Haley & Aldrich's attention in writing, shown on
documents provided by Client,or could not be reasonably detected by exercising the Standard of Care.
12 HAZARDS AND HAZARDOUS MATERIALS
12.1 Disclosure of Hazards (Right to Know). Haley&Aldrich will take reasonable precautions for the health and safety of
Haley&Aldrich's employees while at the Site.Client will obtain from Site owner,and others as applicable,and furnish to
Haley&Aldrich,prior to Haley&Aldrich beginning services under this Agreement,all available information concerning Site
conditions,including,but not limited to.subsurface conditions,oil,hazardous material,toxic mold and biological conditions,
radioactive or asbestos material in, on or near the Site. If such a material or condition is discovered that had not been
disclosed to Haley&Aldrich,then, upon notification,Client and Haley&Aldrich shall seek an equitable adjustment to be
made to this Agreement. By authorizing Haley&Aldrich to proceed with the services,Client confirms that Haley&Aldrich
has not created nor contributed to the presence of any hazardous substances at or near the Site Client agrees to assume all
liability and shall indemnify,defend and hold Haley&Aldrich harmless from any claims,losses,liabilities or damages arising
out of(1) personal injury or death resulting from such hazardous material or condition and/or(2) a release of hazardous
substances except to the extent the release was caused by Haley&Aldrich's gross negligence or willful misconduct in the
performance of the services.
12.2 Hazardous Materials Before any hazardous or contaminated materials are removed from the Site, Client shall sign
manifests naming Client as the Generator of the waste(or,if Client is not the Generator,Client will arrange for the Generator
to sign the manifest).Client shall select the treatment or disposal facility to which any waste is taken.Haley&Aldrich shall
not be the Generator, Owner, Arranger, Operator, nor will it possess, take title to, or assume any legal liability for any
hazardous or contaminated materials at or removed from the Site.Haley&Aldrich shall not have responsibility for or control
of the Site or of operations or activities at the Site other than its own. Haley&Aldrich shall not undertake,arrange for or
control the handling, treatment, storage, disposal, removal, shipment, transportation or disposal of any hazardous or
contaminated materials at or removed from the Site, other than laboratory samples it collects or tests (which shall be
returned to Client for disposal).Client agrees to defend,indemnify and hold harmless Haley&Aldrich for any costs or liability
incurred by Haley&Aldrich in defense of or in payment for any legal actions in which it is alleged that Haley&Aldrich is the
Owner,Operator,Generator,Arranger,Treater,Storer or Disposer of hazardous waste.Capitalized terms used herein shall
have the meanings assigned to them in RCRA and CERCLA.
13. DIFFERING SITE CONDITIONS. If, during the course of performance of this Agreement, conditions or circumstances are
discovered,which were not contemplated or anticipated by Haley&Aldrich,or otherwise provided to Haley&Aldrich by
the Client,at the commencement of this Agreement or which differ materially from those indicated in Haley&Aldrich's
Proposal,Haley&Aldrich may notify Client in writing of the newly discovered conditions or circumstances,and Client and
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Haley&Aldrich shall renegotiate,in good faith,the scope of work and terms and conditions of this Agreement.If amended
terms and conditions cannot be agreed upon within thirty (30) days after notice, Haley & Aldrich may terminate this
Agreement.
14 SAMPLES.Samples of soil,rock,water,waste,or other materials collected from the Site may be disposed of sixty(60)days
from sampling date unless Client advises otherwise in writing or unless applicable law requires their retention. Haley&
Aldrich will dispose of such samples with a qualified waste disposal contractor.Client shall pay all costs associated with the
storage,transport,and disposal of samples, and agrees to indemnify,defend and hold Haley&Aldrich harmless for any
liability arising therefrom.If samples must be stored by Haley&Aldrich for longer than sixty(60)days from sampling date,
Client shall pay all associated storage costs. Client recognizes and agrees that Haley &Aldrich is a bailee and assumes
neither title to said waste or samples nor any responsibility as generator of said waste or samples.
15 ENGINEERING/CONSULTING SERVICES DURING CONSTRUCTION. Haley&Aldrich shall not,during construction Site visits,
shop drawing review, or as a result of observations of construction work, supervise, direct, or have control over any
contractors'means,methods,work sequences or procedures of construction selected by contractors.Haley&Aldrich shall
not be liable for any of contractors'work,safety precautions or programs incident to contractors'work Haley&Aldrich
shall not have any liability whatsoever for any failure of contractors to comply with any laws,rules,regulations,ordinances,
codes or orders. Haley&Aldrich neither guarantees nor warrants the performance of any contractors'work and does not
assume responsibility for any contractors'failure to furnish any labor,materials,equipment or related work in accordance
with any agreement or contract documents.
16. ADDITIONAL SERVICES.Haley&Aldrich's compensation hereunder shall be subject to adjustment to recognize any increase
in costs due to additional services requested or authorized by Client. Such additional services shall include, but not be
limited to,additions in the manner or method of Haley&Aldrich's performance of Services or due to changes in schedule
or circumstances not solely caused by or under the control of Haley&Aldrich.These additional services shall be verified in
writing by the parties and performed on the basis of mutually agreed rates,or other such basis agreed to by the parties.
17. WAIVER OF CONSEQUENTIAL DAMAGES. Neither party, nor their parent, affiliated or subsidiary companies, nor the
officers,directors,agents,employees,or contractors of any of the foregoing,shall be liable to the other in any action or
claim for incidental,indirect,special,collateral,punitive,exemplary or consequential damages arising out of or related to
the services,whether the action in which recovery of damages is sought is based upon contract,tort(including,to the
greatest extent permitted by law,the sole,concurrent or other negligence,whether active or passive,and strict liability of
any protected individual or entity),statute or otherwise.
18. WAIVER OF PERSONAL LIABILITY. No officer,director, or employee of Haley&Aldrich shall bear any personal liability to
Client for any injuries,claims,demands, losses,expenses or damages, of whatever kind or character,arising out of or in
any way related to this Agreement or the performance of services hereunder.
19. LIMITATION OF REMEDIES.To the fullest extent permitted by law,the total aggregate liability of Haley&Aldrich,its officers,
directors, and employees to Client, and anyone claiming by, through, or under Client, including all authorized Relying
Parties,as applicable,for any and all injuries,claims,losses,expenses,or damages whatsoever arising out of or in any way
related to Haley&Aldrich's services,from any cause or causes whatsoever,including,but not limited to,negligence,errors,
omissions,strict liability or contract,shall be limited to an aggregate amount of$50,000 or Haley&Aldrich's fee,whichever
is greater.
If Client prefers not to limit Haley&Aldrich's liability to this sum,Haley&Aldrich may increase this limitation upon Client's
written request,provided that Client agrees to pay an additional fee agreed to by the parties.The additional fee is for the
additional risk assumed by Haley&Aldrich and is not a charge for additional liability insurance.
20. DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement or the breach thereof,the parties will attempt
in good faith to resolve the dispute through negotiation. Except for payment matters,if a dispute is not resolved by these
negotiations,the matter will be submitted to non-binding mediation with a mutually agreed upon mediator.The parties
agree that they will participate in the mediation in good faith and that they will share equally in its costs. Except for
payment matters or to preserve mechanics'lien rights,neither party will commence a civil action until after the completion
of an initial mediation session.
21. LEGAL ACTION. All legal actions by either party against the other for any cause or causes, including, but not limited to,
breach of this Agreement,negligence,misrepresentations,breach of warranty or failure to perform in accordance with the
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Standard of Care,however denominated,shall be barred two(2)years from the day after completion of Haley&Aldrich's
Services.Client agrees to compensate Haley&Aldrich for services performed in response to any legal action,subpoena,or
court order arising out of or related to Haley&Aldrich's services under this Agreement at Haley&Aldrich's Standard Fee
Schedule then in effect.
22. TAXES. Unless otherwise provided for in the scope of services,Haley&Aldrich's fee is exclusive of sales,use,or similar tax
imposed by taxing jurisdictions on the amount of fees or services. Should such taxes be imposed, Haley&Aldrich will
collect and remit any applicable sales taxes. Client's documentation of exemption from sales or use taxes,if any,must be
provided to Haley&Aldrich prior to services being performed.
23. SEVERABILITY.If any of these Terms and Conditions are finally determined to be invalid or unenforceable in whole or part,
the remaining provisions shall remain in full force and effect and be binding upon the parties The parties agree to reform
these Terms and Conditions to replace any such invalid or unenforceable provision with a valid and enforceable provision
that comes as close as possible to the intention of the stricken provision.
24. SURVIVAL. All Terms and Conditions contained herein shall survive the completion of Haley &Aldrich's services on this
project or the termination of services for any cause
25. GOVERNING LAW AND JURISDICTION.This Agreement shall be solely governed,and construed and enforced,in accordance
with the laws of the State or Commonwealth where the services are performed,without regard to its conflict of laws rules.
Client agrees to submit and consent to the jurisdiction of the courts in that State or Commonwealth in any action brought
to enforce(or otherwise arising from or relating to)this Agreement
26. ASSIGNMENT This Agreement shall not be assigned by either party without the express written consent of the other.
27. PRECEDENCE. These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions
contained in any proposal,contract,purchase order,requisition,notice to proceed,right of entry,or like document
28. ENTIRE AGREEMENT.Client and Haley&Aldrich agree that all provisions of these Terms and Conditions were mutually
negotiated and agreed upon, and that this Agreement represents the entire Agreement between the parties. No
modification or alteration of any provision of this Agreement shall be binding upon either Client or Haley&Aldrich,unless
such modification or alteration is mutually agreed to, is in writing, and is signed by the party against whom such
modification or alteration is sought to be enforced.
END OF TERMS AND CONDITIONS
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1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.M.
For Meeting of: October 17, 2023
ITEM TITLE: Resolution authorizing Supplemental Agreement 1 to the
Professional Services Agreement with Haley&Aldrich Inc to
perform the design and remediation for the environmental cleanup
of the former Tiger Oil site at 2312 W Nob Hill Blvd EV2999
SUBMITTED BY: Scott Schafer, Director of Public Works
*Bill Preston, City Engineer- (509) 576-6754
SUMMARY EXPLANATION:
The City of Yakima has been working with the Department of Ecology(DOE)to clean up the
former Tiger Oil site located at 2312 W Nob Hill Blvd. Characterization of the site has been
completed. DOE has now moved the City into remediation efforts to clean up the site. The City
Council selected Haley Aldrich in Resolution R-2022-174 to begin the remediation efforts at this
site on 12/14/2022. Remediation is an iterative process and Task 1 a - 1 a have been completed.
The City recommends entering into a Supplemental Agreement 1 with Haley&Aldrich Inc to
continue the design and remediation of the 2312 W Nob Hill Blvd Site Cleanup project, which
includes contaminated soil removal, monitoring well replacements, and a groundwater interim
action. Tasks 1e2 - 1 g are estimated at$112,562 and is funded with a DOE grant requiring a 10%
match.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
Description Upload Date Type
D Resolution 10/2/2023 Resolution
D Supplemental Agreement 1 10/2/2023 Contract