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HomeMy WebLinkAboutR-2001-008 Floyd & Snider, Inc. Contract - Kissel Park Remediation & DevelopmentRESOLUTION NO. R-2001- 8 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute a Professional Services Contract with Floyd and Snider, Inc for Kissel Park Remediation and Development Activities. WHEREAS, the City desires to complete the development plans for Kissel Park in order to achieve a summer 2001 construction schedule; and WHEREAS, in the preparation of development plans for Kissel Park, it was discovered that the underlying soil contained lead and arsenic which at or near a threshold level; and WHEREAS, the City requires professional services in the preparation of a soil remediation plan for park development which would be acceptable to the Washington State Department of Ecology and for the application of a grant under the Local Toxic Program; and WHEREAS, Floyd and Snider Inc., is an environmental consulting firm which specializes in strategy and technical solutions for contaminated property and has the experience and expertise to provide the required services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into an agreement with Floyd and Snider, Inc., for professional services in accordance with the terms and conditions of the attached agreement; 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 and directed to execute the attached and incorporated agreement with Floyd and Snider, Inc., for professional services related to cleanup and development of the Kissel Park property. ADOPTED BY CITY COUNCIL this 1 61-h day of January, 2001. ATTEST: 4-44f1.L, City Clerk • • • SERVICE AGREEMENT PARTIES. This Service Agreement is made as of the last date written below between The City of Yakima, Washington ("Client") and Floyd & Snider Inc. ("Floyd & Snider"). PROJECT. Client retains Floyd & Snider to provide professional environmental consulting services in regard to the environmental study, cleanup, and assistance in receiving reimbursement of eligible costs from Ecology of Kissel Park located in Yakima,WA ("Project"). SCOPE OF SERVICES. The Scope of Services to be performed by Floyd & Snider on the Project is described on the attached Exhibit A. CONTRACT DOCUMENTS. The following documents are incorporated into and made part of this Service Agreement: x Exhibit A — Proposal/Scope of Services, letter dated 1/11/01 x Schedule of Charges The documents indicated above, along with this Service Agreement, shall collectively constitute the "Contract Documents". In case of conflict between provisions in two or more of the Contract Documents, the order of precedence shall be, first, the provisions in this Service Agreement, and then the documents indicated above in descending order. The Contract Documents together represent the entire and integrated agreement between Client and Floyd & Snider and supersede all prior negotiations, representations or agreements, whether oral or written. The Contract Documents may be amended only by a written instrument signed by both Client and Floyd & Snider. FEE. Floyd & Snider agrees to provide services described in this Service Agreement on the following basis: x Time and expense in accordance with the attached Schedule of Charges. Floyd & Snider estimates the total fee will not exceed $73,000.00 without Client's authorization. This fee estimate is intended as a good faith projection of the fee based on Floyd & Snider's current level of knowledge regarding Client's needs. Lump sum basis for a total fee of $ This fee quotation is effective provided that Floyd & Snider receives Client's authorization to proceed within thirty days after the date of this Service Agreement. SCOPE AND FEE REVISIONS. Client recognizes the scope and fee required for successful completion of Floyd & Snider's services on the Project can be influenced by changes in the Project and its schedule required by Client, or by presently unforeseen conditions and circumstances. In order to prevent delays and possible resulting costs, Floyd & Snider may request Client to verbally authorize a scope and fee amendment to this Service Agreement. Should Client authorize a revision without written amendment,Floyd & Snider shall be compensated for services actually performed. RISK ALLOCATION. Many risks potentially affect Floyd & Snider by virtue of entering into this Service Agreement. Floyd & Snider's fee stated herein does not include more than a nominal allowance to cover Floyd & Snider's liability in assuming these risks. To obtain this benefit, Client agrees that, to the fullest extent permitted by law, Floyd & Snider's total liability to Client is limited to an amount not to exceed the total fee paid under this Service Agreement or $50,000, whichever is greater, for any and all injuries, damages, claims, losses, expenses or claim expenses (including attorney's fees) arising out of this Service Agreement from any cause or causes. Such causes include, but are not limited to, Floyd & Snider's negligence, errors, omissions, strict liability, breach of contract, or breach of warranty. In the event Client makes a claim against Floyd & Snider, at law or otherwise, for alleged negligence, error, omission, breach, or other act arising out of the performance of Floyd & Snider's professional services, and Client fails to prove such claim, Client shall pay all costs incurred by Floyd & Snider in defending itself against the claim. C:\TEMP\Service Agmt with T C.doc Page 1 of 4 Rev. 1/98 Client will not seek damages in excess of the above limitation indirectly through suits with other persons or entities not signatory hereto who may join Floyd & Snider as a third -party defendant. Both Client and Floyd & Snider agree that they will not be liable to each other, under any circumstances, for special, indirect, consequential, or punitive damages arising out of or related to this Service Agreement. RELATIONSHIP. Floyd & Snider is an independent professional consultant and not an employee or agent of Client. RIGHT OF ENTRY/UTILITIES. Client warrants that it has the right to furnish, and shall furnish, right of entry for Floyd & Snider, its employees, agents and its subcontractors. Client shall provide to Floyd & Snider information regarding the property location, property limits, the location of any buried utilities or structures, and shall identify and assist Floyd & Snider in obtaining any requirements for entry or work permits, security clearances, licenses, or any other required permissions. Floyd & Snider, along with its employees and subcontractors, shall have no responsibility to Client resulting from damage done to utilities or underground structures (pipes, tanks, pipelines, etc.) whose locations are not accurately indicated on documents provided by Client or the owners of the utilities. Any pre-existing damage to utilities or underground structures coming to the attention of Floyd & Snider will be brought to Client's attention and shall be the sole responsibility of Client. DOCUMENTS. All reports, exploration logs, field data, field notes, laboratory test data, calculations, plans, specification, estimates. and other documents prepared by Floyd & Snider in performance of this Agreement (the "Work") are and remain the joint ;.-:,perry of Client and Floyd & Snider. Floyd & Snider and Client agree not to assert any rights anc not to establish any claim under patent or copyright laws with respect to the Work. Floyd & Snider agrees not to release the Work to third parties without prior Client authorization unless Floyd & Snider is required to do so by any applicable law, regulation, ordinance or court order. Floyd & Snider will retain all pertinent documents for a period of at least three years from the date of final invoice, during which period the records will be made available to Client at all reasonable times. Floyd & Snider shall be entitled to rely upon the accuracy and .'mpleteness of all documents concerning the Project which are furnished by Client. The Work may be used by the C:tent for any purpose without additional compensation to Floyd & Snider; provided, however, that any and all informat;-,. and recommendations contained in the Work are provided for ani are relevant to specific projects, as identified, and any reuse of the Work f T any other purpose or any other project shall be at the Client's sole risk and without liability or legal exposure to Floyd & Snider. HAZARDOUS MATERIALS. Client shall furnish Floyd & Snider all .._-...; ;tents and information within Client's possession and knowledge that relate to the identity. location, quantity, nature ::aaracteristics of any hazardous materials associated with the Project. Client understands and agrees that Floyd & Snider has had no role in handling, generating, treating, storing, transporting or disposing of such hazardous materials prior to providing services for the Project. If, as part of its services, Floyd & Snider disposes of or treats any hazardous materials, Client recognizes and agrees that Floyd & Snider is acting as a bailee and at no time assumes ownership of, or title to, such materials. SAMPLES/DISPOSAL OF CONTAMINATED MATERIAL. All non -hazardous samples of soil and rock will be discarded thirty days after report submittal. Upon Client's written authorization, such samples will be either delivered in accordance with Client's instructions or stored for an agreed charge. Client understands and agrees that, unle-:- specifically provided otherwise in this Agreement. any hazardous materials or samples will be left on-site or returned following evaluation, and their proper handling and disposal is the sole responsibility of Client. STANDARD OF CARE. Floyd & Snider will conduct its services in a manner consistent with generally accepted professional standards or the level of care and skill exercised by professional cons:, snts and engineers in the same locale under similar circumstances and time n: -mods. No warranty or representation. _:::-:er express or implied, is included or intended in Floyd & Snider's proposals. contracts, reports, and communications. Floyd & Snider's interpretations and recommendations will be based solely on information made available to Floyd & Snider by Client or by the results of borings, surveys or other explorations performed by Floyd & Snider. Client recognizes that subsurface conditions elsewhere at he Project may differ from those at the exploration locations and that CO;:.;tions may change over time. INDEMNIFICATION. Client and Floyd & Snider each agree to indemnify, defers::. and hold harmless the other (along with the other's officers, directors, employees, consultants and subcontractors) agautst all claims, damages, losses and: expenses, whether direct, indirect or consequential, including, but not limited to attorneys' fees and costs on arbitration, trial or appeal, caused by or arising out of negligence of the indemnifying party, to the extent that the claim, loss, damages C:\TEMP\Service Agmt with T C.doc Page 2 of 4 Rev. 1/98 • or expense is caused by that party's sole or concurrent negligence. In no event shall a party be required to indemnify the other against the other's sole negligence. SITE SUPERVISION. Floyd & Snider has no overall supervisory authority or actual and/or direct responsibility for the specific working conditions at the site and/or for any hazards resulting from the actions of any trade contractor. Unless expressly provided in the scope of services, Floyd & Snider has no duty to inspect, supervise, note, correct or report any health or safety deficiencies of Client, contractors or other entities or persons at the Project site not employed by Floyd & Snider. INSURANCE. Floyd & Snider is covered by general liability and automobile insurance. Floyd & Snider also maintains professional liability insurance with commercially reasonable limits of liability to cover negligent errors or omissions for which Floyd & Snider becomes legally obligated to pay. Certificates of insurance shall be provided to Client upon request in writing. Floyd & Snider is covered by Workers' Compensation insurance as required by applicable state law. In no event shall Floyd & Snider be liable for any loss, damage, or liability beyond the amounts, limits and conditions of such insurance. INVOICES. Floyd & Snider will submit invoices to Client monthly and a final bill upon completion of services. Payment is due upon presentation of invoice and is past -due thirty days from invoice date. Client agrees to pay a late payment charge of one and one-half percent per month on past -due accounts. Failure to pay invoices in a timely manner is a substantial breach of a material term of the parties' agreement, and payment of late charges does not excuse Client's failure to pay. Any attorneys' fees or other costs incurred by Floyd & Snider in collecting any delinquent amount shall be paid by Client. TERMINATION. This Agreement may be terminated without cause by either party upon fifteen days written notice or if Client suspends the work for more than three months. Floyd & Snider may suspend or terminate services if Client fails to pay past -due amounts. Except in the case of substantial failure of performance, Floyd & Snider shall be paid for services performed prior to the termination notice date plus reasonable termination expenses, including but not limited to the cost of completing analyses, records and reports necessary to document job status at the time of termination. DISPUTES. In the event of a dispute arising under this Agreement, or the breach or alleged breach thereof, the substantially prevailing party shall be awarded its reasonable costs incurred, including staff time at current billing rates court costs, expert witness fees, attorney's fees upon trial, arbitration or appeal, collection or lien fees, late payment charges and interest, and other claim related expenses. Venue for any litigation shall be the Superior Court of King County, in the state of Washington, and applicable law shall be the laws of the state of Washington. Nothing stated herein shall preclude the parties from later agreeing, in writing, to submit any dispute to arbitration or other alternative dispute resolution procedure. ASSIGNMENT/SUBCONTRACTING. Neither Client nor Floyd & Snider shall assign this Agreement to any other person or entity without the express, written consent of the other, which consent may be withheld for any reason. Subject to the foregoing restrictions on assignment, the Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Floyd & Snider may enter one or more subcontracts for the performance of some of the services undertaken by Floyd & Snider under the terms of this Agreement, provided that Floyd & Snider is ultimately liable for ensuring all work under this Agreement is conducted in a manner consistent with the level of care and skill exercised by professional engineers or•consultants in the same locale under similar circumstances and time periods. MISCELLANEOUS. Third Parties. Nothing stated herein shall create a contractual relationship with or cause of action in favor of any person or entity not a party hereto. There are no intended third party beneficiaries of this Agreement, and there shall be no incidental third party beneficiaries. Notices. Notices required to be given to either party shall be delivered by first class or certified mail to the address of the party shown below unless a different address has been designated in writing. Notice shall' be deemed received three business days after mailing, or if earlier, upon actual receipt. C:ITEMP\Service Agmt with T C.doc Page 3 of 4 Rev. 1/98 Severability. If any term in this Agreement is ruled to be unenforceable, all remaining terms shall continue to be in full force and effect. Survival. All terms of this Agreement allocating or limiting liability shall survive the completion of the services hereunder and the termination of this Agreement. Accrual. Causes of action between Client and Floyd & Snider (along with their respective officers, directors and employees) shall be deemed to have accrued, and the applicable statue of limitations shall commence to run, not later than the date of Floyd & Snider's final invoice for services performed and/or expenses incurred. Headings. The section headings of the Agreement have been inserted only to facilitate reference and shall have no bearing on the construction or interpretation of this agreement. EXECUTION. Executed by the parties in duplicate on the dates written below. The individuals executing this Service Agreement on behalf of the respective parties warrant that they are authorized to bind their principals hereto. Floyd & Snider Inc. 83 South King Street Suite 614 Seattle, WA 98104 By: 14ofl vy,vi H . ;wid&v (Please print or type) Title: P n n i/ (N G6 Date: 4/1 1 % o l C:\TEMP\Service Agmt with T C.doc City of Yakima (Client) [Client address] Richard A. Zais, Jr. (Please print or type) Title: City Manager Date: 1 —0/ Contract No. 2001-04 Resolution No. R-2001-8 Page 4 of 4 Rev. 1/98 � F1oydL� Smder inc. • Exhibit A Strategy and Technical Solutions 83 South King Street Suite 614 Seattle, Washington 98104 206:292.2078 Fax for Contaminated Properties 682.7867 • January 11, 2001 Mr. Christopher Waarvick Public Works Director, City of Yakima . 2301 Fruitvale Blvd. Yakima, WA 98902 Dear Chris, At your request, we are pleased to provide you with this revised proposal for technical services related to cleanup and development of the Kissel parcel as a City park. This proposal revises our earlier proposal letter of December 7th, 2000 by including the estimated costs for performing the fieldwork at Kissel Park. Floyd & Snider Inc. is an environmental consulting .firm in Seattle, Washington that specializes in strategy and technical solutions for contaminated properties. We will work with Preston Gates & Ellis to achieve the following: 1. Work with the Department of Ecology in developing a cleanup action plan that integrates the cleanup remedy (e.g. capping) into the overall park development, thereby reducing the overall cost of the project from what it would otherwise be if cleanup and redevelopment were implemented separately from each other. r 2. Assist the City in obtaining Ecology remedial action grant funding, thereby reducing the expense to the City in implementing the cleanup. • 3. Performing the fieldwork necessary to develop a cleanup action plan. 4. Performing a field pilot study of various remedial technologies in concert with the Department of Ecology To achieve this result, we have already met with Ecology staff to discuss the project and submitted a draft work plan for remedial investigation. To be completed . items include performing the remedial investigation, developing a cleanup action plan consistent with the park design, assisting Preston Gates & Ellis in the development of an agreed order with Ecology, and preparing the remedial action grant application. The level of our effort would be that required to obtain Ecology grant funding and meet all applicable Ecology assessment and cleanup requirements. Specific Scope of Services:III . Floyd 8 Snider Inc. will be responsible for the followingat an estimated costof $73,000. A breakdown of this total into tasks based on the attached rate table is quoted below. C:\TEMP\Kisselparkrevisedproposal l . doc ms 01/11/01 Page 1 of 4 Mr. Christopher Waarvick January 11, 2001 EXHIBIT A Floyd & Snider Inc. • Site visit, along with arranging a meeting with Ecology ($1,200) • Supplemental meeting to discuss details of project integration (permit, scheduling, design) details with the park architect and City Parks personnel ($1,200) • Assistance in applying for grant funding; support for the development of an agreed order; and overall strategy ($2,500) • Development of a focused Work Plan for soil sampling (approx. 5-€ :.ages, 1 figure) for a Site Investigation ($2,000) • Performing the fieldwork (limited to soil sampling) as specified in the work plan. To save costs, we plan on subcontracting with a qualified local contractor, but to ensure quality, be onsite for the first 2 days. This task includes all analytical laboratory and subcontractor fees as shown in the attachec post breakdown as well as administrative costs for subcontractor selection/coordination, and developmen- of a health and safety plan ($30,000- see attached cost breakdown) • Interpretation of the data and development of site-specific remediation levels per the revised MTCA ($1,500) • Performing a pilot study of new remediation techniques for lead -arsenate sites such as Kissel Park. The pilot study planning would be jointly developed with the Department of Ecolocy but executed by us. By having the City perform the pilot study, Ecology has informed us that the percentage of Ecology reimbursement for the entire project would increase to 90% from the current limit of 75% ($25,000). • Development of a Draft and Final Cleanup Action Plan (25-30 pages) including a limited analysis of 2-3 preferred remedial altematives preparing with input from the park architect (e.g.- dig and haul, capping, stabilization) along with first order cost estimates for each altemative ($7,600). • Technical representation at one public presentation ($2,000) Please note what is not included in the above costs. Development of bid documents, construction or engineering plans and specifications as well as detailed cost estimates are not included, nor are other documents that may be required such as a compliance monitoring plan, or quality assurance plan, etc., which may be required by Ecology. Our cost =:timates given for each of the above scope items are based upon professional judgmer :...-d experience with projects of similar complexity and scope. They are also based upon the �7sumption that there will be a cooperative working environment with the regulatory agencies involved. Even so, please note that these are estimates only and subject to change due to unexpected site conditions, extent of regulatory involvement, and other variables typical of environmental projects. C:1TEM PUGsselparkrevisedproposall. doc ms 01/11/01 Page 2 of 4 • • Mr. Christopher Waarvick January 11, 2001 Direct Charges: EXHIBIT A Floyd & Snider Inc. We do not charge for the following items: routine faxes, routine photocopies, phone calls (up to $25/month), shipping and mailing (up to $25/month), office supplies, or computer time. They are included in our overhead rate. We look forward to working with you on this project, and are ready to proceed when given authorization to do so. Please give me a call if you have any questions conceming our proposal. Sincerely yours, Floyd & Snider Inc. Thomas H. Colligan Senior Project Manager C:ITEMP1F isselparkrehsedproposal .doc ms 01/11/01 • Page 3 of 4 Floyd & Snider Inc. PERFORMING STUDY PLAN INVESTIGATION Kissel Park Cleanup I 1 tM Rate UNITS COST Floyd&Snider- Project Management' $125.001 20 $2,500.00 Field work oversight, 2 days (includes 8 hrs travel time) $85.00 32 $2,720.00 Admin (includes subcontracting, bids, etc.) Subtotal $50.00 10 $500.00 labor $ 5,720.00 Rebillables I Analytical -Metals Analytical $40.00 1 ea 242 $9,680.00 -Pesticides Geotechnical $135.00 lea 5 $675.00 Analysis Per $90.00 ! ea 10 $900.00 diem Vehicle, $90.00 I ea 2 $180.00 Field Supplies Subtotal $85.00 day I 5 $425.00 Rebillables $ 11,860.00 Subcontractors Surveyors $1,500.00 Is 1 Geologist $1,500.00 (5.5 days field, +1.5 day Prep, 10 hr days) Backhoe $850.00 day 7 $5,950.00 + Operator $600.00 day 5 $3,000.00 Standard Utility Locate Subtotal $250.00 Is 1 $250.00 Subcontractors $ 10,700.00 TOTAL Contigency $ 28,280.00 (5%) $ 1,414.0: Grand TOTAL $ 29,694.0. Note: Subcontractor and Lab Fees include 10% markup F:\projects\PGE-Kissel\Budgeting-Invoice-Scope\fieldworkcost EXHIBIT A ill PAGE 4 of 4 01/11/2001 .loydgz Snider Inc. Strategy and Technical Solutions for Contaminated Properties PROFESSIONAL STAFF 83 South King Street Suite 614 Seattle, Washington 98104 206.292.2078 fax 206.682.7 2000 Schedule of Charges Effective January 1, 2000 Teri A. Floyd, Ph.D. Principal $ 150/hour Kathryn H. Snider, PE, RLA Principal $ 150/hour Dan McCarthy, PE Principal $ 150/hour John Leder, MS Sr. Project Manager $ 135/hour Thomas Colligan, R.G. Sr. Project Manager $ 125/hour Paul Michel Sr. Policy Analyst $ 125/hour Steve Reimers, PE Sr. Engineer $ 125/hour Roy Kuroiwa, PE Sr. Engineer $ 105/hour Tamre Cardoso Sr. Database Manager $ 90/hour Thomas J. Cammarata Project Geochemist $ 90/hour John LaManna Project Geologist $ 90/hour Kris Breton, MBA Business Manager $ 75/hour Christy Schmidt Sr. Project Coordinator $ 55/hour Various Part-time Professionals Staff Scientists $ 50 to $ 100/hour depending on individual illoPECIAL SERVICES All work by a testifying expert Database Design Project Coodination Accounting Services Word Processing Project Assistance Environmental Compliance/Pollution Prevention Project dependent Library Services (through Fern Honore at AGI) 2.0 times general consulting rate $ 80/hour $ 50/hour •$ 50/hour $ 45/hour $ 45/hour Scientist Librarian $ 55/hour Graphics & GIS Project dependent • DIRECT CHARGES . We do not charge for the following items: routine faxes, routine photocopies, phone calls (up to $25/month), shipping and mailing (up to $25/month), office supplies, or computer time. They are included in our overhead rate. We do charge for large mailings, courier services, report reproduction, library charges, outside services (such as graphics), special supplies (including field supplies), and travel (including parking and mileage). These charges will be invoiced at the price of the item plus a 10% markup to cover taxes, fees, and handling. Outside services (except for word processing and library searches) are invoiced with a.10% markup to cover taxes, •e5, and handling. flcontractsimasters/fsi rates/ts, rates 2000 -Rates are subject to adjustment annually- 1BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 01/16/01 ITEM TITLE: Resolution Authorizing City Manager and City Clerk to Execute a Professional Engineering Contract with Floyd and Snider Inc. for Kissel Park Remediation and Development Activities SUBMITTED BY: Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Denise Nichols, Parks and Recreation Manager 576-6416 SUMMARY EXPLANATION: Staff respectfully requests City Council approval of the attached resolution authorizing the City Manager and City Clerk to execute a professional environmental consulting contract with Floyd and Snider Inc. (out of Seattle, Wa.) to assist the City in preparing to remediate, develop and receive reimbursement from the State for eligible costs for the construction of Kissel Park. A separate, yet companion, Council Agenda Item will be brought before Council in February to provide for the specific authority to engage KDF Architects to perform the design and create bid documents for the Park construction. (...continued...) Resolution _ Ordinance Contract _ Other (Specify) Funding Source Parks Capital Budget Project 1800 — 73.000 for his project element APPROVED FOR SUBMITTAL: 4 City an ger STAFF RECOMMENDATION: Staff respectfully requests Council approval of the attached resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: kp rem&dev 1/11/01 cw In the process of preparing for Kissel Park development, it was discovered that the underlying soil contained threshold or near threshold levels of lead and arsenic. Lead arsenate was a common pesticide in the control of orchard pests in the early 1900's. It is likely that these atomic elements are to be found widespread throughout the historical fruit growing areas of eastern Washington. This consultant agreement with Floyd and Snider Inc. of Seattle formalizes their role in assisting the City in developing a remediation plan acceptable to the Department of Ecology (Ecology) and in applying for Local Toxics grant funding to cover an eligible costs in the project. Our discussions to date with Ecology have been very encouraging and very helpful. They have stated that they are looking for a pilot project to fund which would address the issue of lead arsenate contamination in eastern Washington. Staff's most recent discussion with Floyd and Snider indicates that 90% of the costs associated with the remediation of the property are slated for reimbursement from Ecology. The three major areas of Floyd and Snider's assistance are: (1) working with Ecology in developing a cleanup action plan that integrates the cleanup remedy into the overall park development; (2) assisting the City in obtaining Ecology remedial action grant funding; and (3) performing the fieldwork necessary to develop a cleanup action plan. We have used Preston Gates and Ellis to get us "jump started" on this process. Ray Paolella, City Attorney, has been involved from the beginning because of his and his offices' expertise on the matter and to contain legal costs. The first formal step with Ecology has been accomplished -- that being notifying them of the soil contamination. We have worked closely with the local architects charged with designing the park (KDF) so that eligible expenses will be clearly identifiable when reimbursement is requested from Ecology. We have developed an aggressive project schedule to lead us to construction in the summer of 2001. We have yet, at legal counsels advice, taken the park development through the required Class III review by Phil Lamb, Hearing Examiner. This is expected to occur in early 2001 when we have a clearer and more concise picture of the development requirements at Kissel Park. After the Hearing Examiner's work is completed and a decision rendered, the matter may or may not come back before City Council depending on Councils' wishes on the matter and if any public appeal of the Hearing Examiners decision comes forth. Please do not hesitate to contact any of the City staff involved in this project with questions, concerns or comments. kp rem&dev 1/11/01 cw INTERLOCAL AGREEMENT This Interlocal Agreement is made by and between the CITY OF YAKIMA, a Washington municipal corporation, hereinafter "Yakima," and the CITY OF UNION GAP, a Washington municipal corporation, hereinafter "Union Gap," each being duly authorized and acting under the laws of the State of Washington, pursuant to authority vested in each by the Interlocal Cooperation Act, RCW Chapter 39.34, as follows: 1. Union Gap is involved in the development of a project known as the "Valley Mall Boulevard Extension," which is an effort to purchase right of way and construct an extension of Valley Mall Boulevard from its present location near the I-82 Interchange in Union Gap to the Yakima Air Terminal, some distance to the West. Yakima supports this project and has allocated $590,000.00 of federal highway safety funds for the project. The Valley Mall Boulevard project is a cooperative venture between the Washington State Department of Transportation, the City of Yakima, the City of Union Gap, and Yakima County. The project is of major significance to the entire region as it would provide an important direct link between the air terminal and the I-82 freeway. 2. Union Gap Ordinance No. 2271 authorized the Union Gap City Attorney to initiate condemnation proceedings for acquisition of the necessary right of way in Yakima County Superior Court Cause No. 01-2-00041-1. 3. In the course of the hearing required for adjudication of use and necessity of this project, some land owners have argued that the Property sought to be condemned is located within the boundaries of the City of Yakima and not within the boundaries of the City of Union Gap. The Property which is the subject of this Interlocal Agreement shall hereinafter be referred to as the "Property" and is legally described in Exhibit A, which is attached hereto and incorporated by reference herein. 4. The parties hereto are authorized by RCW 39.34.030 to exercise their powers of condemnation jointly, and for that purpose, the City of Yakima herewith assigns to the City of Union Gap all of its authority and attendant ability to condemn the Property for the Valley Mall Boulevard Project, as described in Exhibit A. For these purposes, the City of Union Gap may act on behalf of the City of Yakima, in its place and stead, in the negotiation for, condemnation and acquisition of the Property located within the boundaries of the City of Yakima. 5. As partial consideration for this joint undertaking, Union Gap shall protect, defend, indemnify, and hold Yakima harmless from and against any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other proceedings and costs and expenses (including attorney's fees and disbursements), which accrue to or are incurred by Yakima on or after execution of this Interlocal 11 1111 11 AKIMA C TY CLERK 11 1 1 1 1 II 11 1 1 11 7209509 Page: 2 of 4 03/3G/2001 03;45P AGR $ 1.00 Yakima Co, WR Agreement and arise directly or indirectly from or out of, relate to, or in any way are connected with (1) The eminent domain proceedings or any related actions contemplated by this Interlocal Agreement. (2) Challenges concerning the legal authority to enter into or implement this Interlocal Agreement or the ordinance authorizing condemnation. Any activities on the Property during Union Gap's ownership, possession, or control of the Property which directly or indirectly result in the Property or any other property becoming contaminated with hazardous substances. (4) The presence, discovery, or cleanup of any hazardous substances released or existing on or under the property at any time after the date of execution of this Interlocal Agreement. The design, construction, reconstruction, installation, repair, maintenance, operation, alteration, or modification of the Valley Mall Boulevard street and transportation improvements (or other public improvements) on the Property, including, but not limited to, intentional, negligent, or tortious acts, occurrences or omissions that result in accidents, personal injuries, death, or property damage. (6) Compliance with environmental statutes, rules, and regulations pertaining to this Property, including but not limited to, Federal Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; Federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 4:....S.C. § 9601 et seq.; Federal Clean Air Act, 42 U.S.C. § 7401-7626; Feaeral Water Pollution Control Act, Federal Clean Water Act of 1977, 33 U.S.C. § 1257 et seq.; Washington Clean Air Act, RCW Chapter 70.94; Washington Model Toxics Control Act, RCW Chapter 70.105D; National Environmental Policy Act (NEPA) 42 U.S.C. §§ 4321 et seq.; State Environmental Policy Act (SEPA), RCW Chapter 43.21C; Shoreline Management Act (SMA), RCW Chapter 90.58; federal, state and local laws pertaining to wetlands. (3) (5) 6. Because of the timing of the Valley Mall Boulevard project and the need for expeditious commitment of acquisition of the right of way and the signing of construction contracts, the City of Yakima will, contemporaneous herewith, adopt an emergency ordinance authorizing its City Manager to execute this Interlocal Agreement and confirming assignment to the City of Union Gap of its powers hereunder. 11 11 11 11 AkIMA CITY CLERK 11 1 1 1 1 II 1111 11 7209509 Page: 3 of 4 63/3012001 G3:45P AGR $11.00 Yakima Co, WA 7. Yakima and Union Gap agree that this Interlocal Agreement shall have an indefinite duration and cannot be terminated unless both parties consent in writing to such termination. DA11.D this day of March, 2001. ATTEST: egaiw, Karen Roberts, City Clerk. CITY OF YAKIMA By: R. A. Zais, Jr , City Manager City Contract No. 2001-28 Ordinance No. 2001-8 CITY OF UNION GAP By: . C. Reeves r., Mayd 1 11111111111 111111111 1111 1111 01111111 101 .P71;9::4:13.4:4„ YRKIMA CITY CLERK AGR $11,00 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of March 6, 2001 ITEM TITLE: Ordinance Authorizing Condemnation of Property within the City of Yakima for Valley Mall Boulevard Extension Project SUBMI 1"1 ED BY: Department. of Community and Economic Development - Engineering Division CONTACT PERSON/TELEPHONE. William R. Cook, CED Department Director, 575-6227 SUMMARY EXPLANATION: The City of Union Gap is in the process of extending the Valley Mall Boulevard to the west to connect with Washington Avenue and Ahtanum Avenue. During the acquisition of needed right-of-way for this project, some difficulties were discovered. Specifically, property owned by Gary Long, the so-called Wonder property is in litigation with Union Gap to contest that City's right to impose condemnation. The City of Union Gap is facing serious deadlines that would jeopardize funding needed to accomplish this project. Since this project will also benefit the City of Yakima, they are requesting that we exercise our eminent domain powers. Union Gap needs to let contracts for this project by May 1St this year or they will lose significant funding. If the condemnation does not proceed in a timely manner, the City of Union Gap could lose approximately $5 million in project funding from the State of Washington. Language in the proposed ordinance will indemnify the City of Yakima from any and all claims, demands, losses, etc... , arising from this condemnation, as well as street operations and environmental compliance. The City of Union Gap will be providing legal counsel and personnel for initiating and completing this action through the Inter -local Agreement. Resolution Ordinance X Contract Other (Specify) Map of Properties Authorize Condemnation Authority to Union Gap Funding Source APPROVED FOR SUBMITTAL: Manager 1 — March 1, 2001 STAFF RECOMMENDATION: Approve the Ordinance to authorize the condemnation. This will allow Union Gap to certify to the Approve state that they have the right to possession of the real estate. A unanimous vote by Council is required to pass this "Emergency Ordinance". BOARD/COMMISSION RECOrtMENrDATION: COUNCIL ACTION: 2 — March 1, 2001 W4/;46/U1 lb. 40 rAA Guo 44/ » t uo r r 0. FOSTER PEPPER & SHEFELMAN PLLC ATTok N ET5 AT LAT, February 28, 2001 Mr. Ray Paolella City Attorney City of Yakima - Legal Department 200 S. 3rd Street Yakima, WA 98901-2830 Re: Union Gap - Valley Mall Boulevard Dear Ray: The City of Union Gap has worked in conjunction with state funding agencies, the City of Yakima, Yakima County and others in providing for the development of this important regional project. Attached for your reference is a Valley Mall Boulevard Extension Project Summary prepared by the consulting engineering firm of Bucher, Willis & Ratliff. The report emphasizes the regional nature of the project and its importance to the general public health, safety and welfare of the Yakima community. It also identifies the funding sources (including City of Yakima) for the project. The City of Union Gap has made every effort to acquire the property necessary for this project by voluntary acquisition. In fact, certain property has been donated to the project. However, the City has determined to proceed to condemnation in order to maintain the critical schedule_ The court has entered an Order of Public Use and Necessity on the property within the City of Union Gap. However, the court has determined that the City of Union Gap was without authority to acquire property necessary for the Boulevard within the corporate limits of the City of Yakima As a result, the City ofUnion Gap has worked with your office and the City of Yakima to adopt the necessary approvals to proceed forward under the authority of the City of Yakima. The properties involved are described in Attachment A to the draft Ordinance. The parties involved with these properties are identified as follows: Scott E. Wonder, Margaret W. Wonder Mautner, Aileene Roche, John M. Roche and Mary Roche, Bradley P. Busey, Brian J. Busey, J. Lawrence Wright and Mary A. Wright, Kevin J. Busey, and First Interstate Bank of Washington as trustee of Winifred Roche Estate. 5027012.01 Direct Phone (206) 447.6971 Direct Factimiie (Z00) 749-1927 E -Mail dlispGtl(orter.eam 1T71 MIX)? Avt{NUE Suitt' 3400 SEATTLY, Washington 94101-3199 Telephone (D6)447.44" Facsimile (1061447-97oa Wehsite www.iosTta.com Anc[[ORAG9 Alaska PORTLAND Oregon ]LATTLX Washington SroRANt Washington 02/28/01 WED 16:51 [TX/R$ NO 9012] IJ002 02/28/01 18:46 FAX 206 447 9700 Mr. Ray Paolella February 28, 2001 Page 2 ego S Lialuvo We appreciate the efforts of your office, and that of the City of Yakima in the prompt processing of the City of Union Gap's request and the emergency response to this cnticai need the Yakima community- PSD:sgb Enclosures cc: City of Union Gap 502d90120t Very truly yours, FOSTER PEPPER & S I -LLP l ev PLL:. or /, P. Stephen DiJulio Special Cort ns_l for the City of Union Gap plvaaa 02/28/01 WED 16:51 [T%/R% NO 9012] tJ 003 CITY OF YAKIMA, WASHINGTON ORDINANCE NO. An Ordinance of the City of Yakima, Washington, relating to transportation facilities; authorizing condemnation; assigning to the City of Union Gap, Washington, authorization to acquire certain real property for the improvement of Valley Mall Boulevard, located within Section 31, Township 13 N., Range 19 E. W. M., Yakima, County, Washington; and authorizing the City Manager of the City of Yakima to execute an Interlocal Agreement implementing this Ordinance. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Recitals and Findings. 1.1 The City of Yakima is engaged in a cooperative venture with the City of Union Gap, Yakima County, and the Washington State Department of Transportation for the design and construction of a new east -west corridor from I-82 to the Yakima Air Terminal, known as Valley Mall Boulevard. This new 5 -lane facility, including the only grade -separated railroad crossing in the area, has become a project of regional significant. The roadway will be designated the major truck route in the area as well as being part of the National Highway System and will include 5 - foot sidewalks and Class II bikeways connecting to the existing trail system both within the Cities of Yakima and Union Gap. The new roadway will improve and enhance the Yakima Valley's role in international trade and provide an important new east -west corridor between the Yakima Air Terminal and the Interstate 82. 1 1.2 The Valley Mall Boulevard extension project is also necessary for vehicle and pedestrian safety. It will divert traffic away from two elementary schools. It would also facilitate avoidance of conflict with rail traffic by providing the only grade -separated crossing in the vicinity. 1.3 The Valley Mall Boulevard construction project is subject to financing and other guidelines imposed as conditions of the grant of both federal and state money, including the requirement that construction contracts be signed by May 1, 2001. The timely development and construction of the project is necessary for the public health, safety and general welfare of the City and greater Yakima community. Section 2. Interlocal Agreement 2.1 The City of Union Gap, Washington has commenced condemnation proceedings to implement the design and construction of Valley Mall Boulevard, as described, under Yakima County Superior Court Cause No. 01-2-00041- 1. In the course of those proceedings, property owners have raised a question as to the statutory authority of the ability of Union Gap to condemn two parcels, being parcels numbered 191332-33004 and 191331-44001 which are located within the City of Yakima and not within the boundaries of the City of Union Gap. Although both cities believe that the applicable statute authorizes Union Gap to proceed (see RCW 8.12.030), they intend to clarify any question surrounding this matter by authorization of the City Councils of the respective cities to execute an Interlocal Agreement, a true copy of which is annexed to this Ordinance as Exhibit "A" and by 2 this reference incorporated herein. The purpose of the Agreement is to authorize the City of Union Gap to proceed, in the place and stead and on behalf of the City of Yakima, insofar as delegation of City of Yakima authority is necessary, to perfect the condemnation, acquisition, purchase of the two parcels above described necessary for the project. 2.2 The City Manager of the City of Yakima is hereby authorized to execute the attached Interlocal Agreement after this Ordinance becomes effective. Section 3. Condemnation Authorized 3.1 The public convenience, use and necessity demand that the real property described in Exhibit A hereto in Yakima County, Washington be and the same is hereby condemned for the improvement of Valley Mall Boulevard. 3.2 All lands, rights, privileges and other property lying within the lots, blocks and tracks of land described in Exhibit A hereof are hereby condemned, appropriated, taken and damaged for the purpose of improving Valley Mall Boulevard and other public use, and all lands, rights, privileges and other properties are to be taken, damaged and appropriated only after just compensation has been made, or paid into court, for the owners thereof in a manner provided by law. 3.3 Funding. The cost of the improvement and acquisition provided for by this Ordinance shall be paid by project funds, including those funds appropriated and authorized by the City Union Gap and other fund sources as may be authorized by law. 3 3.4 The City of Union Gap be and is hereby authorized and directed to prosecute the actions and proceedings in the manner provided by law to condemn, take, damage and appropriate the lands and other property necessary to carry out the provisions of this ordinance. The City of Union Gap shall promptly provide copies of all pleadings to the Yakima City Attorney. Section 4. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED by the City Council, signed and approved this 6th day of March, 2001. CITY OF YAKIMA Attestation: City Clerk Effective Date: Publication Date: f:\clients\dws\uniongap\valley mall blvd. ezt\yakima.ordinance.doc 2/13/2001 2:26 pinks 4 Mary Place, Mayor OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 Fax (509) 576-6614 March 9, 2001 Aubrey Reeves, Mayor City of Union Gap 102 W Ahtanum Road Union Gap, WA 98903 REFERENCE: Interlocal Agreement Dear Mr. Reeves: Enclosed are two originals of the referenced agreement signed by the City Manager and requiring your signature. Please sign both originals and have one returned to my attention. I have also enclosed a certified copy of Ordinance 2001-8 covering this agreement for your records. Sincerely, Linda Watkins Records Clerk Enclosure Yakima 1994 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Interlocal Agreement Parties: R i -w r:. 141.)b, City of Yakima & City of Union Gap 11 11 11 YAKIMA C TY CLERK u 1 1 1 1 111 11 7209509 Page: 1 of 4 03/30/2001 03:45P AGR $11.00 Yakima Co, WA EXHIBIT B 4 7,—(,1-(.€ ci,L0‘.( BYLAWS B-1 P9SC\SC091 01/06/18 BYLAT YTQ OF Tut YAKIMA REGIONAL PUBLIC FACILITIES DISTRICT ARTICLE I Board Section 1.1. Nominations - Expired Terms. Nominations for appointment or reappointment to fall expired terms on the Board shall be submitted along with resumes on the forms provided, to the City Manager of the City responsible for appointing the Boardmember not later than two months prior to the date the term is due to expire. The bodies so designated in the Charter shall make nominations. Nominations from local organizations or any other interested group or agency may be submitted to the Yakima City Manager for consideration as set forth in the Charter. Section 1.2. Vacancies. Subject to Section 3 hereof, vacancies on the Board shall be filled by appointment of the City Manager of the City that made the original appointment to the vacant position, subject to confirmation by the City Council of the City that made the original nomination to the vacant position. A vacancy or vacancies on the Board shall be deemed to exist in the case of the death, disability, resignation or removal from office of any Board member as provided herein. Upon such an occurrence, the Board shall notify the body that has the power to nominate a replacement for such a member and said body shall have the opportunity to nominate another person as Board member to fill the vacant term, subject to confirmation as prescribed in the Charter. If the appointing body has not appointed another person as Board member to fill the vacant term described herein within two calendar months from that body's receipt of notice of said vacancy, the vacancy shall be filled by the Yakima City Manager. Such person shall serve pending, and be subject to confirmation as prescribed in the Charter. Section 1.3. Status of Appointed Members. Members appointed by the applicable City Manager, under Article VI of the Charter shall serve in an acting capacity unless confirmed by the applicable City Council. Acting members may attend meetings and participate in the discussions of the Board's business, but shall not have a vote on matters before the Board nor shall they be considered "in office" for purposes of determining a quorum. Once confirmed, appointees shall have the full power and responsibility of a Board member provided by the Charter and these Bylaws. ARTICLE II Officers and Committees Section 2.1. Officers Designated. The officers of the District shall be a President, Vice President, Secretary, and Treasurer, each of who shall be elected by the Board. Such other officers and assistant officers as may be deemed necessary may be elected or appointed by the Board. No person may simultaneously occupy the office of President and that of Treasurer, or any office responsible for custody of funds and maintenance of accounts and finances. In addition to the powers and duties specified below, the officers shall have such powers and perform such duties as the Board may prescribe. Section 2.2. Election, Qualifications and Term of Office. The Board shall elect each of the officers from among its members. The officers shall be elected by the Board at the first regular meeting after the term of new or reappointed Board members commences each year, for a one-year term, and each officer shall hold office during said one-year term and until his or her successor is elected. The Board at its organizational meeting shall elect the first officers of the Board. Section 2.3. Powers and Duties. a) President. The President shall be the chief executive officer of the District and shall have general supervision over the business of the District, subject, however, to the control of the Board of Directors. The President shall preside at all meetings of the Board. The President may sign and execute, in the name of the District deeds, mortga- ges, leases, bonds, contracts and other instruments duly authorized by the Board, and -2- P•1SC\SC09R 01/08131 generally shall perform all duties incident to the office of President and such other duties as may from time to time be assigned to such office by the Board, b) Vice -President. At the request of the President or in case of his or her absence or disability, the Vice -President shall perform all duties of the President and, when so acting, shall have all the powers of, and be subject to all restrictions upon, the President. In addition, the Vice -President shall perform such other duties as may from time to time be assigned to that office by the Board or the President. c) Secretary, The Secretary shall: 1. Certify and keep at the office of the District, or at such other place as the Board may order, the original or a copy of the Bylaws, as they may have been amended; 2. Keep at the office of the District, or at such other place as the Board may order, a book of minutes of all meetings of the Board, recording therein the time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, and the proceedings thereat; 3. See that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; 4. Be custodian of the records and seal of the District; 5. Exhibit at all reasonable times to any director, upon request, the Bylaws and minutes of the proceedings of the directors of the District; and 6. In general, perform all duties of the office of Secretary and such other duties as may from time to time be assigned to such office by the Board of Directors or the President. d) Treasurer, The Treasurer shall receive and have charge of all funds of the District and shall disburse such funds only as directed by the Board. The Treasurer shall, in general nerfnrrn all duties incident to the office of chief financial officer and such a- - --7 r -3- P\SC\SCO9R 01/08/31 other duties as may from time to time be assigned to such office by the Board or the President. Section 2.4. Removal. Upon reasonable prior notice to all Board members of the alleged reasons for dismissal, the Board by an affirmative vote of the majority of all the Board members may remove any officer from his or her office (but not from his or her membership on the Board) whenever in its judgment the best interests of the District will be served thereby. Section 2.5. Vacancies. The Board shall fill any office that becomes vacant with a successor who shall hold office for the unexpired term and until his or her successor shall have been duly elected. Section 2.6. Establishment of Committees. The Board, by resolution, may designate from among its members one or more committees, each consisting of at least three members, to represent the Board and, except as prohibited by the Charter, act for and on behalf of the Board. The designation of any such committee and the delegation thereto of authority shall not operate to relieve any member of the Board of any responsibility imposed by law. Section 2.7. Executive Committee. The Executive Committee of the District shall consist of the President, Vice President, the Secretary and the Treasurer of the Board and one member -at -large elected by the Board. The provisions for election, quali- fications, term of office and removal of the member -at -large of the Executive Committee shall be identical to those of officers of the Board as provided herein in Sections 2.2, 2.4, and 2.5 of this Article. Except as provided in the Charter, the Executive Committee shall have and exercise such powers of the Board as the Board may from time to time provide by resolution. -4- P \SC\SCO9R 01/08/31 ARTICLE III Meetings Section 3.1. Regular Board Meetings. Regular meetings of the Board shall be held at least once every quarter at a location within the District. The Board shall establish such regular meeting time and place by resolution. Section 3.2. Special Board Meetings. Subject to Article VII of the Charter, special meetings of the Board may be held at any place at any time whenever called by the President or a majority of the members of the Board. Section 3.3. Notice of Regular Board Meetings. No notice of the regular meeting shall be required, except of the first regular meeting and after any change in the time or place of such meeting adopted by resolution of the Board as above provided. Notice of such changed regular meeting shall be given by the Secretary or by the person or persons calling the meeting by personal communication over the telephone to each Board member at least 24 hours prior to the time of the meeting or by at least three days' notice by mail, telegram or written communication. If mailed, notice shall be mailed by U.S. mail, postage prepaid, to the last known address of each Board member. In addition, the District shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. At any regular meeting of the Board, any business may be transacted and the Board may exercise all of its powers. Section 3.4. Notice of Special Board Meetings. Notice of all special meetings of the Board shall be given by the Secretary or by the person or persons calling the special meeting by delivering personally or by mail written notice at least 24 hours prior to the time of the meeting to each Board member and to each local newspaper of general circulation and to each radio or television station that has requested notice as provided in RCW 42.30.080, In addition, the District shall provide notice of special meetings to any individual specifically requesting it in writing. -5- P\SC\SCO9R 01/08/31 The time and place of the special meeting and the business to be transacted must be specified in the notice. Final disposition shall not be taken on any other matter at such meetings. Section 3.5. Waiver of Notice. Notice as provided in Sections 3.3 and 3.4 hereof may be dispensed with as to any member of the Board who at or prior to the time the meeting convenes files with the Board a written waiver of notice or who is actually present at the meeting at the time it convenes. Such notice may also be dispensed with as to special meetings called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, where time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage. Notice, as provided in Article IX of the Charter concerning proposed amendments to the Charter or Bylaws and votes on such amendments, may not be waived. Section 3.6. Notice to the Cities. Notice of all meetings and minutes of all meetings of the Board shall be given to the City Clerks of Yakima, Selah and Union Gap. ARTICLE IV Amendments to Charter and Bylaws Section 4.1. Proposals to Amend Charter and Bylaws. 1. Proposals to amend the Charter or Bylaws shall be presented in a format that strikes over material to be deleted and underlines new material. 2. Any Board member may introduce a proposed amendment to the Charter or to the Bylaws (which may consist of new Bylaws) at any regular meeting or at any special meeting of which 30 days' advance notice has been given. Section 4.2. Board Consideration of Proposed Amendments. If notice of a proposed amendment to the Charter or to the Bylaws, and information including the text of the proposed amendment and a statement of its purpose and effect, is provided to -6- P•1SC\SCO9R 01/08/31 members of the Board 15 days prior to any regular Board meeting or any special meeting of which 30 days' advance notice has been given, then the Board may vote on the proposed amendment at the same meeting as the one at which the amendment is introduced. If such notice and information is not so provided, the Board may not vote on the proposed amendment until the next regular Board meeting or special meeting of which 30 days' advance notice has been given and at least 15 days prior to which meeting such notice and information is provided to Board members. Germane amendments to the proposed amendment within the scope of the original amendment will be permitted at the meeting at which the vote is taken. Section 4.3. Vote Required for Amendments to Charter or Bylaws. Resolutions of the Board approving proposed amendments to the Charter or approving amendments to the Bylaws require an affirmative vote of a majority of the Board members then in office as provided in the Charter. As provided in the Interlocal Agreement, as necessary and appropriate in the discretion of the Yakima City Council, the Yakima City Council may amend the Bylaws by ordinance adopted at or after a public meeting held with notice to the District, the City of Selah and the City of Union Gap. Amendments to the Bylaws adopted by the Yakima City Council may not be further amended by the District for one year except with Yakima City Council approval. Section 4.4. Cities' Approval of Proposed Charter Amendments. Proposed Charter amendments adopted by the Board shall be submitted to each of the Parties to the Interlocal Agreement. The District's Charter may be amended only as provided in Article IX of the Charter. -7- P•\SC\SCO9R 01/08/31 ARTICLE V Administrative Provisions Section 5.1. Books and Records. The District shall keep current and complete books and records of account and shall keep minutes of the proceedings of its Board and its committees having any of the authority of the Board. The District shall provide no less than 90 days' written notice to the City of Yakima, the City of Selah, and the City of Union Gap prior to the destruction of any permanent books and records. Section 5.2. Indemnification of Board Members. The District elects to defend and indemnify its present and fouuer Board members and officers and their successors, spouses and marital communities to the full extent authorized by law and the Charter. In addition, the right of indemnification shall inure to each Board member or officer and his or her spouses and marital communities upon his or her appointment to the Board and in the event of his or her death shall extend to his or her heirs, legal representatives and estate. Each person who shall act as Board member or officer of the District shall be deemed to do so in reliance upon such indemnification and such rights shall not be exclusive of any other right that he or she may have. Section 5.3. Principal Office. The principal office of the District shall be located within the District. The Board shall establish the principal office by resolution. Section 5.4. Fiscal Year. The Fiscal Year of the District shall begin January 1 and end December 31 of each year, except the first fiscal year, which shall run from the date the Charter was issued to December 31, 2001. ARTICLE VI Approval of Bylaws APPROVED by Interlocal Agreement by and among the City of Yakima, Washington, the City of Selah, Washington and the City of Union Gap, Washington, dated June 25, 2001, and by Ordinance No. 2001-28 of the City of Yakima adopted on _8- P'1SC\SC09R 01/08/31 June 19, 2001, motion of the City of Selah City Council approved on June 12, 2001, and Ordinance Nos. 2298 and 2300 of the City of Union Gap adopted on June 11, 2001 and June 25, 2001, respectively. -9- P\SC\SC09R 01/08/31 APPENDIX A TO INTERLOCAL AGREEMENT A-1 Table Of Contents Paae ARTIC.I..E I Name and Seal: Definitions 1 Section 1.1. Name 1 Section 1.2. Seal 1 Section 1.3. Definitions 1 ARTICLE II Authority and Limit on .Liability 1 Section 2.1. Authority Section 2.2. L,irnit on L.iab.ility 2 Section 2.3. Mandatory Disclaimer 2 ARTICLE III Duration ARTTCL.E TV purpose ARTICLE V Powers Section 5.1. Powers 4 Section 5.2. Limitation of Powers 6 2 4 ARTICLE VI Section 6.1. Section 6.2. Section 6.3. Section 6.4. Section 6.5. Section 6.6. Section 6.7. Section 6.8. ARTICLE VII Sectio.n 7.1. Section 7.2. Section 7.3. Board of Directors And Corporate Officers 10 Powers 10 Board Composition 10 Termsof Office.......................................•....................,,,,,..,11 Quorum and Manner of Action 12 Officers and Division of Duties 13 Bondin27 of Corporate Officers 13 Executive Committee 13 Removal of Board Members 13 Meetings 15 Board Meetings 15 Parliamentary Authority 15 Minutes 16 ARTICLE VIII Procedural Requirements 16 Section 8.1. Board Review and Concurrence 16 Section 8.2. Establishment and Maintenance of Office and Records 17 Section 8.3. Access to Records 17 Section 8.4. Deposit of Public Funds 17 Section 8.5. Reports and Information 18 Section 8.6. Audits and Insnectirn_ n.s Section 8.7. Insurance 10 10 19 P \SC\SC09Q 01/07/03 Section 8.8. Bylaws Section 8.9. Section 8.10 19 Conflict of Interest 19 . Discrimination 21 ARTICLE IX Section 9.1. Section 9.2. Section 9.3. ARTICLE X Amendments to Charter and Bylaws 22 Proposals to Amend Charter 22 Charter Amendments 22 Amendments to Bvlaws 23 Commencement 23 ARTICLE XI Section 11.1 Section 11.2 ARTICLE XII P \SC\SCO9Q Dissolution. 24 . Dissolution Process 24 . Trusteeship 24 Approval of Charter 25 P'SC\SCO9Q 01/07/03 CHARTER OF THE YAKIMA REGIONAL PUBLIC FACILITIES DISTRICT ARTICLE I Name and Seal; Definitions Section 1.1. Name. The name of this public facilities district shall be the YAKIMA REGIONAL PUBLIC FACILITIES DISTRICT (hereinafter referred to as the "District"). Section 1.2. Seal. The District's seal shall be a circle with the name "YAKIMA REGIONAL PUBLIC FACILITIES DISTRICT" inscribed therein. The Board shall approve the seal by resolution. Section 1.3. Definitions. All capitalized terms used but not defined herein shall have the meanings set forth in the Interlocal Cooperation Agreement To Form a Public Facilities District by and among the City of Yakima; Washington ("Yakima"), the City of Selah, Washington ("Selah") and the City of Union Gap, Washington ("Union Gap" and collectively with Yakima and Selah, the "Cities"), dated June 25, 2001 (the "Interlocal Agreement"). ARTICLE II Authority and Limit on Liability Section 2.1. Authority. The District is a public facilities district organized pursuant to RCW 35.57.010, the Interlocal Agreement, Ordinance No. ',001-28 of Yakima, Ordinance Nos. 2298 and 2300 of Union Gap, and motion of the Selah City Council approved on June 12, 2001. Section 2.2. Limit on Liability. All liabilities incurred by the District shall be satisfied exclusively from the assets, credit, and properties of the District, and no creditor or other person shall have any right of action against or recourse to the Cities, their assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the District. Section 2.3. Mandatory Disclaimer. The following disclaimer shall be posted in a prominent place where the public may readily see it in the District's principal and other offices. It shall also be printed or stamped on all contracts, notes, bonds, and other documents that may entail any debt or liability by the District. The YAKIMA REGIONAL PUBLIC FACILITIES DISTRICT is organized pursuant to RCW 35.57.010, the Interlocal Financing Agreement by and among the City of Yakima, Washington, the City of Selah, Washington and the City of Union Gap, Washington, dated June 25, 2001 (the "Interlocal Agreement"), Ordinance No. 2001-28 of the City of Yakima, Ordinance Nos. 2298 and 2300 of the City of Union Gap, and motion of the City of Selah City Council approved on June 12, 2001. The Interlocal Agreement provides as follows: "All liabilities incurred by the District shall be satisfied exclusively from the assets, credit, and properties of the District, and no creditor or other person shall have any right of action against or recourse to the Cities of Yakima, Selah or Union Gap, their assets, credit, or services, on account of any debts, obligations, liabilities or acts or omissions of the District." ARTICLE III Duration The duration of the District shall be perpetual except as provided in the Interlocal Agreement. ARTICLE IV Purpose The purpose of the District is to provide a legal entity under RCW 35.57.010 and the Interlocal Agreement to acquire (by purchase, lease or otherwise), construct, own, remodel, maintain, equip, reequip, repair, finance, and operate (either directly or by contract) one or more -2- P:\SC\SC09Q 01/07/03 Regional Centers, as defined in RCW 35.57.020, including, but are not limited to, the Convention Center consisting of the following components: a) Operation of Convention Center facilities, includingmeeting space, ballroom and other event facilities, with related activities; b) Operation of Convention Center programs and exhibits; c) Acquisition, display and maintenance of Convention Center exhibits; d) Restaurant or other food, beverage and banquet service facilities to enhance the attractiveness of the Convention Center to visitors; f) Any other uses reasonably or necessarily related to the operation of convention center facilities; and g) Related parking. To the extent appropriate and consistent with the needs and objectives of the Cities and the District's purpose, the District may acquire, lease and/or operate and manage real property, including but not limited to the Convention Center; secure financing; undertake or otherwise provide for the construction and development of the Project; and otherwise undertake and accomplish all activities and projects necessary for the Project and the operation of the Convention Center. The District shall have no purpose other than acquisition, construction, ownership, remodeling, maintenance, equipping, reequipping, repair, financing, and/or operation (either directly or by contract) of the Convention Center and any other Regional Center approved under the terms of the Interlocal Agreement. For the purpose only of securing the exemption from federal income taxation for interest on obligations of the District, the District constitutes an authority and instrumentality of Yakima (within the meaning of those terms in federal regulations and rulings pursuant to Section 103 of the Code). -3- P1SC\SC09Q 01/07/03 ARTICLE V Powers Section 5.1. Powers. The District shall have and may exercise all lawful powers conferred by State law, the Interlocal Agreement, ordinance, this Charter and its Bylaws, including the usual powers of a corporation for public purposes and, without limitation, the power to: A. Hire employees, staff, and services; prescribe their duties, qualifications, and compensation; and secure the services of consultants for professional services, technical assistance, or advice; B . Contract for any corporate purpose with the United States, a state, and any political subdivision or agency of either, and with individuals, associations and corporations and other entities (including public or private entities) including the financing, construction, equipping, operation or management of the Convention Center and expansion Project, related parking or for any other Regional Center owned or operated by the District; C. Sue and be sued in its name; D . Purchase, lease, exchange, mortgage, encumber, improve, use, or otherwise transfer or grant security interests in real or personal property or any interests therein; grant or acquire options on real and personal property; and contract regarding the income or receipts from real and personal property; E. Accept and expend gifts, grants, and donations, including funds or property from the United States, a state, and any municipality or political subdivision or agency of either, property acquired by any such governmental unit through the exercise of its power of eminent domain, and funds or property from corporations, associations, individuals or any other source, and comply with the terms and conditions therefor; -4- P \SC\SC09Q 01/07/03 F. Impose the following charges, fees, and taxes authorized in RCW 35.57.040: Admission Charges, Parking Charges and any other fees or charges for services, goods or use of any of its facilities; Admission Taxes; Parking Taxes; Voted Sales Taxes; and Sales Taxes at a rate not to exceed the limit set forth in RCW 82.14.390; G. Use Sales Tax Revenue, Additional Revenue and other receipts for its corporate purposes; H. Use the supplemental alternative public works contracting procedures set forth in Chap. 39.10 RCW; Borrow or lend its funds, property, credit or services for corporate purposes, or act as a surety or guarantor for corporate purposes; issue revenue bonds or general obligation bonds in conformity with the debt limitations set forth in RCW 35.57.030 and other applicable provisions of State law in such principal amounts as in the discretion of the District shall be necessary or appropriate to provide sufficient funds for achieving any corporate purposes; provided, however, that all bonds and notes or liabilities occurring thereunder shall be satisfied exclusively from the assets, properties or credit of such District, and no creditor or other person shall have any recourse to the assets, credit or services of the Cities thereby, unless any or all of the Cities shall by ordinance expressly guarantee such bonds or notes; J. Manage, on behalf of the United States, a state, and any municipality or political subdivision or agency of either, any property acquired by such entity through gift, purchase, construction, lease, assignment, default, or exercise of the power of eminent domain; K. Recommend to the United States, a state, and any municipality or political subdivision or agency of either, consistent with all applicable laws, such tax, -5- P•\SC\SCO9Q 01/07/03 financing, and security measures as the District may deem appropriate to maximize the public interest in activities in which the District by this Charter has a particular responsibility; L. Control the use and disposition of corporate property, assets, and credit; M. Invest and reinvest its funds; N. Establish the consideration (if any) for property transferred, all in pursuit of corporate purposes; 0. Maintain books and records as appropriate for the conduct of its affairs; P. Conduct corporate affairs, carry on its operations, and use its property as allowed by law and consistent with this Charter, and its Bylaws; name corporate officials; Q. Identify and recommend to the United States, a state, and any municipality or political subdivision or agency of either, the acquisition by the appropriate governmental entity for transfer to or use by the District of property and property rights, which, if so acquired, whether through purchase or the exercise of eminent domain, and so transferred or used, would materially advance the purpose for which the District is chartered; and R. Exercise and enjoy such other powers as may be authorized by law. Section 5.2. Limitation of Powers. The District organized under this Charter in all activities and transactions shall be limited in the following respects: A. The District shall have no power of eminent domain; B. The District may not incur or create any liability that permits recourse by any party or member of the public to any assets, services, resources, or credit of the Cities. All liabilities incurred by the District shall be satisfied exclusively from the assets and credit of the District; no creditor or other person shall have any r -6- P\SC\SCO9Q 01/07/03 recourse to the assets, credit, or services of the Cities on account of any debts, obligations, liabilities, acts, or omissions of the District; C. No funds, assets, or property of the District shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or ballot proposition; nor shall any funds or a substantial part of the activities of the District be used for publicity or educational purposes designed to support or defeat legislation pending before the Congress of the United States, or the legislature of the State or the Cities; provided, however, that funds may be used for representatives of the District to communicate with members of Congress, State legislators or City council members concerning funding and other matters directly affecting the District, so long as such activities do not constitute a substantial part of the District's activities and so long as such activities are not specifically limited elsewhere in this Charter or the Interlocal Agreement; D. All Sales Tax Revenue, Additional Revenue, receipts, assets, or credit of the District shall be applied toward or expended upon services, projects, and activities authorized by this Charter. No part of the net earnings of the District shall inure to the benefit of, or be distributable as such to, the Board members, officers of the District or other private persons, except that the District is authorized and empowered to: i. Compensate those persons or entities performing services for the District, including District employees and legal counsel, a reasonable amount for services rendered, and reimburse Board members and others for reasonable expenses actually incurred in performing their duties; ii. Assist District officials as members of a general class of persons to be assisted by a District -approved project or activity to the same extent as other -7- P\SC\SC09Q 01/07/03 members of the class so long as no special privileges or treatment accrues to such corporate official by reason of his or her status or position in the District; iii. Defend and indemnify any current or former Board member or employee and their successors, spouses and marital communities against all costs, expenses, judgments, and liabilities, including attorneys' fees, reasonably incurred by or imposed upon him or her in connection with or resulting from any civil claim, action, or proceeding in which he or she is or may be made a party by reason of being or having been a corporate official, or by reason of any action alleged to have been taken or omitted by him or her as such official, provided that he or she was acting in good faith on behalf of the District and within the scope of duties imposed or authorized by law. This power of indemnification shall not be exclusive of other rights to which corporate officials may be entitled as a matter of law; iv. Purchase insurance to protect and hold personally harmless any of its officials, its employees, and its agents from any civil action, claim, or proceeding instituted against the foregoing individuals arising out of the performance, in good faith, of duties for, or employment with, the District and to hold these individuals harmless from any expenses connected with the defense, settlement, or monetary judgments from such actions, claims, or proceedings. The purchase of such insurance and its policy limits shall be discretionary with the Board, and such insurance shall not be considered to be compensation to the insured individuals. The powers conferred by this subsection shall not be exclusive of any other powers conferred by law to purchase liability insurance; and v. Sell assets for a consideration greater than their reasonable market value or acquisition costs, charge more for services than the expense of providing -8- P \SC\SCO9Q 01/07/03 them, or otherwise secure an increment in a transaction, or carry out any other transaction or activity, so long as such gain is not the principal object or purpose of the District's transactions or activities and is applied to or expended upon services, projects, and activities otherwise authorized as corporate purposes; E. The District organized under this chapter shall not issue shares of stock, pay dividends, make private distribution of assets, make loans to its board members or employees or otherwise engage in business for private gain; F. The District's power to acquire (by purchase, lease or otherwise), construct, own, remodel, maintain, equip, reequip, repair, finance, and operate (either directly or by contract) any Regional Center other than the Convention Center, the Project and related parking facilities is subject to the approval of Yakima; G. In consideration for Yakima's agreement to issue the Bonds and apply Net Proceeds to pay Predevelopment Costs and Costs of the Project under the terms of the Development Agreement and Yakima's agreement to apply Lodging Taxes to pay a portion of Operation and Maintenance Costs under the terms of the Development Agreement, the following District powers shall be subject to the approval of the Yakima City Council: i. The District shall not impose Admission Charges or Parking Charges without the prior approval of the Yakima City Council; ii. The District shall not impose Admission Taxes or Parking Taxes without the prior approval of the Yakima City Council; iii. The District's annual budget, including Administrative Costs, shall be subject to annual approval by the Yakima City Council; -9- P \SC\SC09Q 01/07/03 iv. Any acquisition or transfer of real and personal property with a value over $100,000 by lease, sublease, purchase, or sale by the District shall be subject to approval by the Yakima City Council; v. Any gambling activity under the authority of the District at the Convention Center shall be subject to approval by the Yakima City Council; and vi. Any public display of artwork under the authority of the District at the Convention Center shall be subject to approval by the Yakima City Council. H . The District's power to impose Voted Sales Taxes authorized under RCW 82.14.048 is subject to the approval by each of the Parties prior to placement on the ballot. ARTICLE VI Board of Directors And Corporate Officers Section 6.1. Powers. The Board shall govern the affairs of the District. All corporate powers of the District shall be exercised by or under the authority of, and the business, property and affairs of the District shall be managed under the direction of, the Board except as may be otherwise provided in this Charter, the Interlocal Agreement or State law. Section 6.2. Board Composition. Pursuant to RCW 35.57.010, the Board shall be composed of seven members. The initial members of the Board shall be appointed as follows. One Boardmember shall be appointed by the Yakima City Council, one Boardmember by the Selah City Council and one Boardmember by the Union Gap City Council. Four Boardmembers shall be appointed by the Yakima City Council based on recommendations from Local organizations such as the local chamber of commerce, local economic development council, and local labor council. The Boardmembers shall not be council members of the Cities either at the time of their appointment or at any time thereafter. -10- P1SC\SC09Q 01/07/03 Section 6.3. Terms of Office. A. The terms of office of the initially appointed members of the Board shall commence on the effective date of this Charter and shall be staggered as follows: 1. Group I. One member for a one-year term; 2. Group II. One member for a two-year term; 3. Group III. One member for a three-year term; and 4. Group IV. The remainder for four-year terms. B. With respect to the appointments of the initial Board members, the following members are assigned to the four groups identified in subsection 6.3.A above for purposes of determining the length of terms of such initial Board members: the Group I member shall be appointed by the Yakima City Council, based on recommendations from local organizations; the Group II member shall be appointed by the Yakima City Council; the Group III member shall be appointed by the Yakima City Council, based on recommendations from local organizations; the remainder of the appointments shall be Group IV members. C. The expired term of the Group I member shall be filled by the Yakima City Council, based on recommendations from local organizations. D. The expired terra of the Group II member shall be filled by appointment of the Yakima City Council. E. The expired term of the Group III member shall be filled by appointment of the Yakima City Council; based on recommendations from local organizations. F. The expired term of one of the Group IV members shall be filled by the Selah City Council, the expired terra of one of the Group IV members shall be filled by the Union Gap City Council and the expired term of the remainder of the Group IV members shall he filled by the Yakima City Cnnncil paced on recommendations from local organizations. -11- P•1SC1SC09Q 01/07/03 G. Except for the initial members of the board, each member shall be appointed to serve for a four-year term. Each member shall continue to serve until his or her successor has been appointed and qualified as provided in the bylaws. Members may be reappointed to serve not more than four consecutive full terms. H. Terms shall expire on June 30of the year in which the respective group is scheduled to teiiuinate. Nominations for new appointees or for reappointment of existing members shall be processed in the manner provided in the Bylaws. I. Vacancies occurring during the course of a term shall be filled by appointment by the City Manager of the City that made the original appointment to the vacant position, subject to confirmation by the City Council of the City that made the original appointment to the vacant position, in the manner and to the effect provided in the Bylaws to complete the unexpired term to which appointed. Section 6.4. Quorum and Manner of Action. At all meetings of the Board a majority of directors then in office shall constitute a quorum. The Board may adopt resolutions of the Board only by an affirmative vote of a majority of the Boardmembers then in office. Section 6.5. Officers and Division of Duties. A. The initial officers of the District shall be the President, Vice President, Secretary and Treasurer of the Board. In no event shall there be less than two officers designated, nor shall the same person occupy the office of president and that of treasurer, or any office responsible for custody of funds and maintenance of accounts and finances. Additional officers may be provided for in the Bylaws. B. The President shall be the agent of the District for service of process; the Bylaws may designate additional corporate officials as agents to receive or initiate process. The corporate officers, who shall be selected from among the membership of the Board as provided in the Bylaws, shall manage the daily affairs and operations of the District. -12- P1SC1SC09Q 01/07/03 C. The Board shall oversee the activities of the corporate officers, establish and/or implement policy, participate in corporate activity in matters prescribed by the Interlocal Agreement, and shall have stewardship for management and determination of all corporate affairs, Section 6.6. Bonding of Corporate Officers. Each corporate official responsible for handling accounts and finances shall file as soon as practicable with the District a fidelity bond in an amount determined by the District to be adequate and appropriate, and may hold the corporate office only as long as such a bond continues in effect. Section 6.7. Executive Committee. The Bylaws may provide for an Executive Committee, which shall be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the management between meetings of the Board, as may be specified in the Bylaws. Section 6.8. Removal of Board Members. The City Council of each City may by ordinance remove from the Board with or without cause any member of the Board appointed by that City at or after a public meeting, with prior notice to the District and the other Cities. In the event of removal, members shall be replaced in the same manner as provided for in filling vacancies on the Board. -13- P1SC\SC09Q 01/07/03 ARTICLE VII Meetings Section 7.1. Board Meetings. A. The Board shall meet at least quarterly each year; special meetings of the Board may be called as provided by the Charter, the Bylaws or RCW 42.30.010 et seq. B. The Board shall be the governing body of a public agency as defined in RCW 42.30.020, and all meetings of the board shall be held and conducted in accordance with RCW 42.30.010 et seq. ("The Open Public Meetings Act"). Notice of meetings shall be given in a manner consistent with RCW 42.30.010 et seq. In addition, the District shall routinely provide reasonable notice of meetings to any individual specifically requesting it in writing. C. All Board meetings, including executive and all other permanent and ad hoc committee meetings, shall be open to the public to the extent required by RCW 42.30.010 et seq. The Board and committees may hold executive sessions to consider matters enumerated in RCW 42.30.010 et seq., or privileged matters recognized by law, and shall enter the cause therefor upon its official journal. At all public meetings, any citizen shall have a reasonable opportunity to address the Board either orally or by written petition. Voting by telephone or by proxy is not permitted. Section 7.2. Parliamentary Authority. The rules in Robert's Rules of Order (revised) shall govern the District in all cases to which they are applicable, where they are not inconsistent with the Charter or with the special rules of order of the District set forth in the Bylaws. -14- P \SC\SC09Q 01/07/03 Section 7.3. Minutes. Copies of the minutes of all regular or special meetings of the Board shall be available to any person or organization that requests them. The minutes of all Board meetings shall include a record of individual votes on all matters requiring Board concurrence or approval. ARTICLE VIII Procedural Requirements Section 8.1. Board Review and Concurrence. A. At least quarterly, the Board shall review monthly statements of income and expenses, which compare budgeted expenditures to actual expenditures. The Board shall review all such information at regular meetings, the minutes of which shall specifically note such reviews and include such information. B. General or particular authorization or review and concurrence of the Board by resolution shall be necessary for any of the following transactions: 1. Transfer or conveyance of an interest in real estate other than release of a lien or satisfaction of a mortgage after payment has been received and the execution of a lease for a current term less than one year; 2. The contracting of debts, issuances of notes, debentures, or bonds, and the mortgaging or pledging of authority assets or credit to secure the same; 3. The donation of money, property or other assets belonging to the District; 4. An action by the District as a surety or guarantor; 5. All capital expenditures in excess of twenty-five thousand dollars ($25,000), and all other transactions in which: (i) the consideration exchanged or received by the District exceeds the greater of one percent of the previous year's operating budget or twenty-five thousand dollars ($25,000) or (ii) the performance by the District shall extend over a period exceeding one year from the date of execution of an agreement therefor; -15- P'1SC\SC09Q 01/07/03 6. Adoption of an annual budget approved by the Yakima City Council. The District shall forward its proposed annual budget to the Cities (for review and comment by Selah and Union Gap and for approval by the Yakima City Council) no later than September 1 of the year prior to the budget year. The annual budget shall include a projected operating and capital budget for the next fiscal year as well as a summary of projects and activities to be undertaken during the next fiscal year; 7. Certification of annual reports and statements to be filed with the Cities as true and correct in the opinion of the Board and of its members; 8. Proposed amendments to the Charter and Bylaws; and 9. Such other transactions, duties, and responsibilities as the Charter shall repose in the Board or the Board may reserve. Section 8.2. Establishment and Maintenance of Office and Records. The District shall: A. Maintain a principal office at a location within the boundaries of the Cities; B. File and maintain with each City a current listing of all Board officials, their positions and their home addresses, their business and home phone numbers, the address of the District's principal office and of all other offices used by it, and a current set of its Bylaws; and C. Maintain all of its records in a manner consistent with the Preservation and Destruction of Public Records Act, RCW Chapter 40.14. Section 8.3. Access to Records. A. The District shall keep an official journal containing the minutes of proceedings at all meetings of the Board and the resolutions of the Board. B. Any person shall have access to records and information of the District to the extent required by State law. Section 8.4. Deposit of Public Funds. All money belonging to or collected for the use of the District, coming into the hands of any corporate official or officer thereof, shall be deposited in a qualified public depositary as determined by the Washington Public Deposit Protection -16- P.\SC1SC09Q 01/07/03 Commission. Such monies may be invested at the direction of the Board, by resolution, in investments that would be lawful for the investments of Yakima funds. Section 8.5. Reports and Information, The District shall, within five months after the end of its fiscal year, file an annual report with each City containing financial statements of assets and liabilities, revenue and expenditures and changes in its financial position during the previous year; a summary of significant accomplishments; a list of depositories used; a list of authority officials and a list of officials bonded pursuant to Section 6.6 of this Charter. Section 8.6. Audits and Inspections. The District is subject to review and audit by the State Auditor, as provided by law. The District shall send a copy of its audited financial statements to each City no later than 30 days after such audited financial statements are available. In addition, the District shall, at any time during normal business hours and as often as the Yakima City Council, the Yakima City Manager or his designee, or the State Auditor deem necessary, make available to the Yakima City Council, the Yakima City Manager or his designee, the State Auditor and, at the request of the City, an independent auditor for examination all of its financial records, and shall permit the Yakima City Council, the Yakima City Manager or his designee, State Auditor and, at the request of the City, an independent auditor to audit, examine and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all the aforesaid matters. The District shall review with the Yakima City Manager or his or her designee within 45 days of receipt and take immediate corrective action to address any audit findings or qualifications in its audit reports. Section 8.7. Insurance. The District shall maintain in full force and effect public liability insurance in an amount sufficient to cover potential claims for bodily injury, death or disability and for property damage, which may arise from or be related to projects and activities of the District, naming Yakima as an additional insured if such insurance shall he available at a -17- P'\SC\SCO9Q 01/07/03 reasonable price as determined by the Board. If insurance is not maintained the District shall maintain adequate reserves to cover potential claims and losses. Section 8.8. Bylaws. A. The properly adopted Bylaws of the District shall be the official rules for the governing of meetings and the affairs of the District. B. The Bylaws may be amended as provided in Article IX of this Charter in order to provide additional or different rules for governing the District and its activities as are not inconsistent with this Charter. C. Amendments to the Bylaws shall be effective 10 days after filing of same with the City Clerks of Yakima, Selah and Union Gap, unless such amendment(s) shall have been passed by unanimous vote of the Board and an earlier effective date shall have been set. Section 8.9. Conflict of Interest. A. Except as provided in this section, a Board member or employee of the District may not participate in Board decisions if that person or a member of that person's immediate family has a financial interest in the issue being decided unless the financial interest is a remote financial interest and participation is approved under subsection B of this section. B. A Board member or employee may participate in a decision if that person or a member of that person's immediate family has only a remote financial interest, the fact and extent of the interest is disclosed to the Board in a public meeting and is noted in the minutes of the Board before any participation by the member in the decision, and thereafter in a public meeting the Board by vote authorizes or approves the participation. If the person whose participation is under consideration is a Board member, that person may not vote under this subsection. For purposes of this subsection, "remote financial interest" means: (i) that of a nonsalaried officer or director of a nonprofit corporation; -18- P'1SC\SCO9Q 01/07/03 (ii) that of an employee or agent of a contracting party where the compensation of the employee or agent consists entirely of fixed wages or salary and the contract is awarded by hid nr by nther rmmpetitive nrnnecc• (iii) that of a landlord or tenant of a contracting party, except in cases where the property subject to the lease or sublease is owned or managed by the public corporation; (iv) that of a holder of less than one percent of the shares of the corporation or cooperative that is the contracting party; or (v) that of an owner of a savings and loan or bank savings or share account or credit union deposit account if the interest represented by the account is less than two percent of the total deposits held by the institution. C. A Board member or employee is not considered to be financially interested in a decision when the decision could not affect that person in a manner different from its effect on the public. D. No Board member or employee of the District shall accept, directly or indirectly, any gift, favor, loan, retainer, entertainment or other thing of monetary value from any person, firm or corporation having dealings with the District when such acceptance would conflict with the performance of a Board member or employee's official duties. A conflict, or possibility of conflict, shall be deemed to exist where a reasonable and prudent person would believe that it was given for the purpose of obtaining special considerations or influence; provided that application of this provision shall take into consideration the established customs and practices of the District. E. The Board may adopt additional conflict of interest and ethical rules it considers appropriate. F. For purposes of this section, "participate in a decision" includes all discussions, deliberations, preliminary negotiations, and votes, G. For purposes of this section, "immediate family" means: 1. A spouse; 2. Any parent, parent -in-law, child, son-in-law, or daughter-in-law; and -19- P 15C\SC090 01/07/03 3. Any sibling, uncle, aunt, cousin, niece or nephew residing in the household of the corporate official or employee. Section 8.10. Discrimination. A. Board membership may not directly or indirectly be based upon or limited by creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. -20- P'\SC1SCO9Q 01/07/03 B. To ensure equality of employment opportunity, the District shall not discriminate in any matter related to employment because of creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. The District shall, in all solicitations or advertisements for employees placed by or on behalf of the District, state that all qualified applicants will receive consideration for employment without regard to creed, age, race, color, religion, sex, national origin, marital status or the presence of any sensory, mental or physical disability, unless such limitations are necessary for the performance of the role and no less discriminatory alternatives are available. ARTICLE IX Amendments to Charter and Bylaws Section 9.1. Proposals to Amend Charter. A. Subject to Section 8 of the Interlocal Agreement, the District may propose to the Yakima City Council that its Charter be amended by resolution passed by a procedure outlined in its Bylaws at a regular or special meeting of the Board for which 30 days' advance written notice was given. B. When required by law, the District shall propose to the Yakima City Council an amendment to this Charter that will conform to and be consistent with said law. C. As necessary and appropriate in the discretion of the Yakima City Council, the Yakima City Council may propose to amend this Charter on its own initiative. Section 9.2. Charter Amendrnents. Pursuant to Section 8 of the Interlocal Agreement, the Charter may be amended only with the approval of all of the Parties to the Interlocal Agreement, whether in response to a resolution passed by the District's Board of Directors, or on the initiative of Yakima. After approval of a Charter amendment by all of the Parties, the revised Charter shall be deemed issued and shall he filed in the came manner ac the nrioin21 Charter. -21- P \SC\SCO9Q 01/07/03 Section 9.3. Amendments to Bylaws. The Bylaws of the District may be amended by a resolution passed by a majority of the Board members in office at the time. Bylaws shall be reviewed annually after the election of officers with recommendations, if any, for amending the bylaws proposed by the Executive Committee, if such committee is established, otherwise by an ad hoc Bylaws Committee appointed by the Board President. At any other time, any Board member may introduce necessary amendments to the Bylaws to the Board for consideration. As provided in the Interlocal Agreement, as necessary and appropriate in the discretion of the Yakima City Council, the Yakima City Council may amend the Bylaws by ordinance adopted at or after a public meeting held with notice to the District, Selah and Union Gap. Amendments to the Bylaws adopted by the Yakima City Council may not be further amended by the District for one year except with Yakima City Council approval. ARTICLE X Commencement The District shall commence its existence effective upon the issuance of its Charter. -22- P'ISC\SCO9Q 01/07/03 ARTICLE XI Dissolution Section 11.1. Dissolution Process. A. Subject to the dissolution procedures set forth in Section 14 of the Interlocal Agreement, if the Board makes an affirmative finding that dissolution is necessary or appropriate because the purposes of District may not be fulfilled for any reason, the Board may adopt a resolution requesting Yakinia to dissolve the District. B. Upon adoption of a motion by the Yakima City Council requesting the following information, or upon adoption by the District board of a resolution requesting its own dissolution, the District shall file a dissolution statement with the City Clerk of Yakima setting forth: 1. The name and principal office of the District; 2. The debts, obligations and liabilities of the District, including conditions of grants and donations, and the property and assets available to satisfy the same; the provisions to be made for satisfaction of outstanding liabilities and performance of executory contracts; and the estimated time for completion of its dissolution; 3. Any pending litigation or contingent liabilities; 4. The Board resolution requesting such dissolution and the date(s) and proceedings leading toward its adoption, whenever the dissolution be voluntary; and 5. A list of persons to be notified upon completion of dissolution. Section 11.2. Trusteeship A. Jurisdiction over dissolution arises in the event the dissolution ordinance enacted by the Yakima City Council (or by all of the Cities, as set forth in Section 14 of the Interlocal Agreement) requests Superior Court trusteeship. In the event that the dissolution ordinance(s) so provide(s), the Superior Court of Yakima County shall have jurisdiction and authority to appoint -23- P\SC\SC09Q 01/07/03 trustees or receivers of corporate property and assets and supervise such trusteeship or receivership. B. The trustees appointed by the Superior Court shall take such actions as necessary during the trusteeship to achieve the object thereof as reasonable. The trustees shall have the power and authority to reorganize the District and recommend amendment of its Charter and/or its Bylaws; suspend and/or remove District officials, and manage the assets and affairs of the District; and exercise any and all District powers as necessary or appropriate to fulfill outstanding agreements, to restore the capability of the District, to perform the functions and activities for which it is chartered, to reinstate its credit or credibility with its creditors or obligees, and, if so authorized by the Superior Court, to oversee its dissolution and appropriate subsequent transactions. ARTICLE XII Approval of Charter APPROVED by Interlocal Agreement by and among the City of Yakima, Washington, the City of Selah, Washington and the City of Union Gap, Washington, dated June 25, 2001, and by Ordinance No. 2001-28 of the City of Yakima adopted on June 19, 2001, motion of the City of Selah City Council approved on June 12, 2001, and Ordinance Nos. 2298 and 2300 of the City of Union Gap adopted on June 11, 2001 and June 25, 2001, respectively. ATTEST City Clerk City of Yakima, Washington -24- P\SC1SC09Q 01/07/03 Kissel Park Cleanup Action Report Prepared for The City of Yakima Yakima, Washington Prepared by Floyd Snider McCarthy, Inc. 83 South King Street Suite 614 Seattle, Washington 98104 JANUARY 2003 Floyd Snider McCarthy, Inc. Kissel Park Table of Contents 1.0 Introduction 1 1.1 SITE HISTORY AND DESCRIPTION OF PRE -CLEANUP CONDITIONS 1 1.1.1 Pre -Cleanup Environmental Conditions 1 2.0 Summary of Remedial Investigation Findings 3 2.1 ARSENIC CONCENTRATIONS 3 2.2 LEAD 3 2.3 VARIATION WITH DEPTH 3 3.0 Remedial Action Description 5 3.1 DESIGN CRITERIA 6 3.1.1 Design Criteria for Engineered Covers 6 3.1.2 Design Criteria for Stormwater Management 7 3.2 CLEANUP ACTION OBSERVATIONS AND DEVIATIONS FROM THE PLANS AND SPECIFICATIONS 7 3.2.1 Area 1 7 3.2.2 Area 2 7 3.2.3 Area 3 8 3.2.4 Area 4 8 3.3 CONFIRMATION SOIL SAMPLING 9 3.3.1 Area 1 9 3.3.2 Area 2 10 3.3.3 Area 3 10 3.4 INSTITUTIONAL CONTROLS 10 3.5 SUMMARY OPINION 11 4.0 References 12 List of Tables Table 1 Summary of Confirmation Sampling F\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKisseI CARFi nal. d oc FINAL 01/28/2003 Cleanup Action Report Pagel Floyd Snider McCarthy, Inc. Kissel Park Figure 1 Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Appendix A Appendix R Appendix C Appendix D Appendix E List of Figures Location Map Conceptual Site Plan Arsenic Concentration Contours Lead Concentration Contours Extent of Cleanup Areas Following Construction Sample Locations List of Appendices Site Photos Filter Fabric Specification Confirmation Samples Laboratory Reports Park Management Plan Restrictive Covenant F-\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final \Text\COYKi ssel CA RFi na I. doc FINAL 01/28/2003 Cleanup Action Report Page ii Floyd Snider McCarthy, Inc. Kissel Park 1.0 Introduction This report was prepared for the City of Yakima (City) to document the remediation of environmental contaminants from Kissel Park. The City, in order to be eligible for remedial action grant funding, entered into an Agreed Order (AO) with the Washington State Department of Ecology (Ecology). The cleanup action described in this report was a requirement of the AO (dated March 21, 2001). Per the Model Toxics Control Act (MTCA), cleanups performed under an AO shall be documented in a report submitted to Ecology for review and approval. According to the AO, once approval of this report is granted, the provisions of the AO shall be deemed satisfied upon the City's receipt of written notification from Ecology. 1.1 SITE HISTORY AND DESCRIPTION OF PRE -CLEANUP CONDITIONS Kissel Park (the "site") is composed of 17 acres of recently developed parkland along the banks of Wide Hollow Creek in Yakima, Washington. Refer to Figure 1 for a location map. The site is owned by the City. The site was originally developed as an orchard, probably during the 1930s to 1940s. A small farmhouse occupied the northeastern corner of the site based upon a 1945 aerial photograph on file with Ecology. According to a local Tong -term resident, by 1948 the site was used as a hay field. In 1956, private individuals sold this farmland to the Metropolitan Park District, the predecessor to the Department of Parks and Recreation. The land lay dormant until 1970, when it was leased by the Metropolitan Park District for use as a hayfield. This continued until 1987, at which time the Eisenhower High School started to use the site as a land lab to supplement its agricultural program, primarily for growing hay. Land lab activities ceased in 2000. Concurrent with the cleanup action, the site was redeveloped into an active city park that now includes nine tennis courts and three multi-purpose courts, located in the southern half of the site. Other park elements include an 80 -space parking lot, restroom/storage building, picnic shelter, and paved promenade. The northern third of the park is developed for more passive, open space use as is the western third. An 8 -foot wide walking trail circles the park. Figure 2 presents a site plan. 1.1.1 Pre -Cleanup Environmental Conditions In the first half of the 20th Century, acid lead arsenate (PbHAsO4) was commonly used as a spray -on insecticide in eastern Washington to control the codling moth in commercial apple orchards. As a consequence, many current and past orchard lands in eastern Washington contain levels of lead and arsenic at levels greater than naturally -occurring background concentrations. Because of this concern, the City tested soils at the site in September 2000. Results from 15 samples showed concentrations of arsenic and lead in site soil at levels greater than their respective MTCA Method A cleanup levels of 20 mg/kg and 250 mg/kg. The City decided to cleanup the park under an AO with Ecology. The AO specified that the City perform a Remedial Investigation/Feasibility Study (RI/FS) of the site and produce a Cleanup Action Plan (CAP). The RI, performed in the spring of 2001, provided detailed data about how lead and arsenic concentrations varied across the site and at different depths. Using these data, the FS evaluated several cleanup options and selected a cleanup action for implementation that F1projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKi sseI CARFi na I. doc FINAL 01/28/2003 Cleanup Action Report Page 1 of 12 Fioyd Snider McCarthy, inc. Kissel Park was custom-tailored to site conditions. Also included within the FS are the results of an Ecology -funded study of four deep tilling methodologies for remediation of lead arsenate contaminated topsoil. Following the RI/FS, a CAP was developed that detailed the cleanup action and how it was to be integrated into the o1Prall park redevelopment. The RI/FS/CAP report was reviewed and approved by Ecology and the public was given the opportunity to review and comment on the proposed cleanup action. A public meeting was also held. Several comments were received at the public meeting and were addressed in a Responsiveness Summary prepared by Ecology. Both Ecology's comments to the draft R!/FS/CAP and a copy of their Responsiveness Summary are contained in the final RI/FS/CAP (FSM 2001). F \projects\City of Yakima -Kissel Park\Cleanup Action Report \Final\Text\COYKisseICAR Fi nal. doc FINAL 01/28/2003 Cleanup Action Report Page 2 of 12 Floyd Snider McCarthy, Inc. Kissel Park 2.0 Summary of Remedial Investigation Findings Significant findings from the remedial investigation (RI) are discussed in the following sections. 2.1 ARSENIC CONCENTRATIONS Prior to cleanup, arsenic was detected in surface soils site -wide at concentrations exceeding the 20 mg/kg cleanup level. Figure 3 shows a contour map of the concentration of arsenic in the surface samples (0 to 0.5 feet) across the site. The contours indicate the arsenic concentrations increase from northwest to southeast. The highest concentrations are clustered in the southeastern part of the site and the lowest concentrations were in the upper northwestern corner, with a few higher concentrations in the northeastern corner. The maximum concentration of arsenic in surface samples was 113 mg/kg. The mean concentration of the surface samples was 40 mg/kg, or twice the state cleanup level. Overall, the arsenic concentrations were uniformly distributed in soil with little evidence of isolated areas of anomalously higher concentrations (i.e., hot spots) potentially indicative of mixing areas, spills or tree drip lines. 2.2 LEAD Figure 4 shows a contour map of the pre -cleanup concentrations of lead in the surface samples across the site. The distribution pattern mimics that of arsenic in that samples with high arsenic levels also contain high lead levels. This is expected given that the application of lead arsenate results in the simultaneous deposition of both metals. The maximum lead concentration in surface soil was 335 mg/kg with a mean of 108 mg/kg. 2.3 VARIATION WITH DEPTH Samples were collected at five different depth intervals with notations for each depth as follows: Surface 0 to 0.5 feet Shallow 0.5 to 2 feet Intermediate 2 to 3 feet Deep 1 3 to 5 feet Deep 2 5 to 7 feet The mean concentration for both contaminants was found to be highest in the surface samples. The mean concentrations decreased with depth, with a much greater percentage decrease occurring for lead as compared to arsenic, which decreased in concentration more gradually with depth. For both lead and arsenic, the mean concentrations of the deep samples (3 to 5 feet and 5 to 7 feet) were generally similar, at around 10 mg/kg each, meaning that background concentrations are likely reached by these depths. The important finding provided by the depth data was that arsenic occurred at roughly equal concentrations from the surface to a depth of 2 feet, whereas the lead was much more highly F\projects\City of Yakima -Kissel Park\Cleanup Action Report \Final \Text\COYKi sseI CARFi n al.doc FINAL 01/28/2003 Cleanup Action Report Page 3 of 12 Floyd Snider McCarthy, Inc. Kissel Park concentrated in the surface samples. The lack of lead or arsenic enrichment above background in soil deeper than 5 feet indicates that downward contaminant migration has terminated by that depth and so groundwater under the site (no shallower than 25 feet based on nearby well logs) is not threatened. F\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKisseICARFinal.doc FINAL 01/28/2003 Cleanup Action Report Page 4 of 12 Floyd Snider McCarthy, Inc. Kissel Park 3.0 Remedial Action Description The remedial action was a combination of deep tilling, excavation, and an engineered soil cover, each applied in a different part of the site. This combination of remedies was preferred because in addition to being cost-effective, it achieved a permanent cleanup for as much of the site as possible, thereby freeing these areas of the park from the institutional controls described below. This remedy also blended well into the park development, and did not cause redesign or relocation of the tennis courts or parking area, as originally planned. The areas of each selected remedial alternative are shown in Figure 5 and are as follows: • Area 1 (Passive Park) — Deep Tilling. This technique permanently cleaned up Area 1 soils by deep tilling the upper 6 inches of contaminated soil with 18 inches of deeper, clean soils resulting in an blended arsenic concentration across the tilled zone that averaged less than the cleanup level. As this mixing is permanent, it was of the highest preference. However, deep tilling was limited to Area 1 due to the higher concentrations of arsenic in the other areas of the site that render deep tilling ineffective. Within Area 1, deep tilling was proven to be effective in the pilot test performed during the RI/FS. Estimated volume of soil treated (to 24 inches): 7,100 cubic yards. • Area 2 (Perimeter of Play Courts and Parking Lot) — Regrade and Engineered Cover. Area 2 was extensively regraded to meet park design requirements. For example, the bioswale area (located along the eastern site boundary) was excavated to remove overlying contaminated soil so stormwater would infiltrate through clean soils. Soil from excavated areas was moved to areas that needed filling. Following this rough grading, an engineered soil cover was placed atop Area 2. The cover consists of a penetration -resistant filter fabric covered by 6 inches of clean topsoil taken from Area 1 (following deep tilling). The topsoil was then seeded and irrigated to establish a permanent turf to protect the cover soil from erosion. Institutional controls (discussed in Section 3.4) will be implemented to maintain the turf and properly handle contaminated soil exposed during any future excavation activities that breach the cover. Estimated acreage of engineered soil cover: 3.2 acres. • Area 3 (Passive Park) — Excavate Contaminated Soil and Relocate to Area 4. Within Area 3, the depth to which arsenic concentrations exceeded the cleanup level was generally limited to the upper 1.5 feet of soil. Excavation was chosen as the preferred alternative because it permanently cleaned up Area 3 soils in the passive park area where inadvertent digging is more likely to occur. Accordingly, Area 3 was excavated until remaining arsenic concentrations were less than the cleanup levels. Excavated soils were relocated to Area 4 and placed atop existing contaminated soils. Estimated volume of soil excavated: 11,000 cubic yards. • Area 4 (Parking Lot and Play Court Area) — Regrade and Pavement or Engineered Soil Cover. Area 4 consists mostly of paved areas. The contaminated soil in the footprint and perimeter of the parking lot area was excavated to the design Fi\projects\City of Yakima -Kissel Park\Cleanup Action Report \ Final \Text\COYKi sseI CA RFi nal.doc FINAL 01/28/2003 Cleanup Action Report Page 5 of 12 Floyd Snider McCarthy, Inc. Kissel Park grade. This contaminated soil was placed under the play courts and picnic shelter/.- str Th.. :I ....I.. 4h.. .-1. 1..4 and .-.I.-. courts JI ICI LGI/1 e0tl VVI II1 arca. The contaminated 0V11 UI under 1.110. parking lg lUt aI lU play I.IJUI LJ was compacted and covered by 4 to 6 inches of base course aggregate and paved with 2 inches of asphaltic concrete. The remaining unpaved areas were covered by a penetration -resistant filter fabric and 6 inches of topsoil and turf. Institutional controls (discussed in Section 3.4) will be implemented to maintain the turf and pavement. Estimated acreage of contaminated soil under paved areas: 3.1 acres. Estimated acreage of contaminated soil under engineered cover: 3.3 acres. 3.1 DESIGN CRITERIA The following sections present the design criteria for the cleanup elements of the park development. These criteria clarify major elements of the selected remedy and establish minimum requirements that were met during construction. The final construction plans and specifications, including amendments, for Kissel Park contain the details of implementation (KDF Architecture 2001). 3.1.1 Design Criteria for Engineered Covers Design criteria for the asphalt pavement covering contaminated soil are as follows: • Provide sufficient load carrying capacity to meet maximum load or use conditions. • vV itlistai U intended use without requiring ig signif ii.ant maintenance Ince over the 20— to 30—year minimum life spans of these structures. • Provide a visual demarcation barrier such that exposure of contaminated soil caused by loss of cover thickness can be readily identified. Design criteria for the engineered soil cover are as follows: • Provide for a minimum cover of 6 inches of clean soil over contaminated soil. • Cover soil shall function as a suitable medium for growing grass or other vegetation. • Cover soil and vegetation shall result in a durable surface that can withstand moderate recreational use expected in public parks that could act to reduce cover soil thickness over time. • Provide irrigation to optimize healthy turf while controlling irrigation to minimize ponding/runoff that might reduce the durability of the cover soil. • Provide a visual demarcation and penetration barrier to reduce the risk of breaching of the barrier by children via digging and allow identification of breaches in the cover during inspection. F \projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKi sseI CARFi na I. d oc FINAL 01/28/2003 Cleanup Action Report Page 6 of 12 Floyd Snider McCarthy, Inc. Kissel Park 3.1.2 Design Criteria for Stormwater Management Design of the stormwater management system shall comply with the requirements of the City of Yakima and the Ecology Stormwater Manual (Ecology 1992). Select design criteria consistent with these standards include the following: • Stormwater shall not be allowed to leave the site other than via infiltration. • Stormwater runoff from paved areas shall be routed to bioswales that will provide for infiltration through soil meeting MTCA Method A cleanup levels for lead and arsenic. • Grassed or vegetated areas shall be sloped and contoured in a manner that does not promote ponding or erosion. 3.2 CLEANUP ACTION OBSERVATIONS AND DEVIATIONS FROM THE PLANS AND SPECIFICATIONS During the development of Kissel Park, oversight of the contractor (Jim Evans and Sons, Inc. of Yakima, Washington) was performed primarily by City personnel (Jim Maine, Steve Wingerter). Construction documentation (e.g., field notes, as-builts, elevations, grading plans, unit quantities, change orders, etc) is on file with the City. General observations relevant to the cleanup as well as deviations from the written plans and specifications are discussed below. The Ecology site manager (Norm Heppner) inspected the site several times during construction and approved of the deviations from the original plans and specifications. Photographs of the park taken during construction are included as Appendix A. 3.2.1 Area 1 The cleanup of Area 1 occurred mostly as planned. A road reclaimer (CSI Model RS -650, owned and operated by M&M Recycling of Redmond, Washington) was used to deep till Area 1 in July 2002. Prior to deep tilling, soil amendments (approximately 800 cubic yards of steer manure and 1,600 cubic yards of wood chips) were delivered to the site and spread out atop Area 1 soils. The deep tilling blended these amendments into the upper 20 inches of soil to make a topsoil suitable for growing turf. In September 2002, the deep tilled topsoil was relocated to form the soil cover for Areas 2 and 4. The depth of soil excavation in Area 1 was greater than the 18 inches originally estimated. This was primarily due to the' need for additional cover material for Area 4, which was expanded in size as discussed below. Following excavation, the underlying untilled soil was rototilled, fertilized, seeded and irrigated. 3.2.2 Area 2 The cleanup of Area 2 was accomplished as planned, with the following three modifications: 1. The plans and specification indicated that an engineered soil cover was unnecessary in those locations where excavation exceeded 24 inches (e.g., the bioswale area). However, it was the contractor's preference to install the engineered cover over all of 1 M&M Recycling also performed the deep tilling for the pilot test. F\projects\City of Yakima -Kissel Park\Cleanup Action Report \Final \Text\COYKisse!CAR Fi nal.doc FINAL 01/28/2003 Cleanup Action Report Page 7 of 12 Floyd Snider McCarthy, Inc. Kissel Park Area 2, including those areas excavated to a clean soil horizon. This decision was mnr-in ,rimnriltr r♦1 In t.. +k - ,-fl fin, Ilhr ref "nl Ic+r-m fi+finri" fhe nnver +n mnh o+Oo e hirrnl II�r 111uVc F./1111'cm IIy tA174 Lk/ 1.1I u11114talty 1.J1 vt.1JLV111 11tu1I 1.1 V,/ V 41 1.V 111u1Ao11 Ll Iv 111 vylAlul areas of clean soil and the difficulty of keeping these clean zones free from recontamination during subsequent grading activities involving contaminated soil. 2. The specified filter fabric was modified at the request of Ecology to be a heavier weight fabric, Ecology was concerned that the original fabric would not provide enough penetration resistant to children attempting to dig into the underlying contaminated soils. Appendix B contains the exact fabric specifications of the fabric used. 3. Following rough grading the City, at the request of the neighbors, fenced the entire southern boundary of the site. The fence is located approximately 4 to 5 feet from and parallel to the steep bank of Wide Hollow Creek (Figure 5). Relocated soil outside of the fence to the edge of the bank did not receive an engineered cover due to the presence of the fence. Testing of the topsoil in this strip by Ecology indicated that it contained arsenic at concentrations greater than the cleanup levels. It is the City this 5 -foot strip soil fence with 12 inches of intent of the city to cover this 5 -foot strip of soil outside of the of crushed rock and/or structural fill soil following the completion of the park. According the City of Yakima, the entire area along the banks of Wide Hollow Creek, including up to the fence line, will eventually be replanted with native plantings. Field inspections by both the City and FSM personnel during the placement of the soil cover verified that its thickness (at the time of placement) met the 6 -inch minimum requirement. 3.2.3 Area 3 The cleanup of Area 3 deviated from its original tal pial l of excavating fg tl le top 18 inches ties of soil followed by deep tilling and if necessary, hot spot excavation. Following the initial soil excavation to 18 inches, it was apparent that additional soil needed to be excavated from Area 3 to meet the design grades in Areas 2 and 4. Between 12 to 20 inches (approx. 3,500 cubic yards) of additional soil depth was subsequently excavated. However, confirmation samples (Section 3.3) following excavation indicated hot spots of arsenic along the southern and eastern boundaries (i.e., between Areas 3 and 4). After consultation with Ecology, it was decided to extend the limits of Area 4 to cover these hot spots with an engineered cover area. This was chosen as a more cost-effective solution than excavation to deeper depths, which would have had the undesirable effect of creating low spots at the border between Areas 3 and 4. 3.2.4 Area 4 The cleanup of Area 4 was accomplished as planned, with the following three deviations: 1. The boundaries of Area 4 were expanded as discussed above. The final extent of Area 4 is shown on Figure 5. 2 Approximately 1,000 square feet of Area 2 did not receive a filter fabric. The filter fabric was not placed In the area shown in Figure 5, due to a slight field shortage of filter fabric needed elsewhere. Prior testing indicated that the soil under the fabric was clean. F'\projects \City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKisseICA R Fi nal.doc FINAL 01/28/2003 Cleanup Action Report Page 8 of 12 Floyd Snider McCarthy, Inc. Kissel Park 2. Due to the over excavation of Area 3, the grade for the parking lot, which was not planned to be regraded, was excavated to meet the new, lower grade of Area 3. The contaminated soil was relocated to the play court area, which needed fill. 3. According to the original plans, filter fabric was to be placed under pavement to function as a visual indication that the pavement had worn through and needed repaving/patching. However, it was decided by Ecology that the base course aggregate under the pavement acts as an adequate visual indication of pavement failure. 3.3 CONFIRMATION SOIL SAMPLING Confirmation soil sampling for arsenic and lead was performed in accordance with the Model Toxics Control Act (WAC 173-340-740, Compliance Monitoring). Soil samples were collected from the upper 6 inches of soil following deep tilling of Area 1, excavation of Areas 2 and 3. The sample collection density was approximately two samples per acre, equivalent to the density of samples collected for the RI. Ecology assisted with the confirmation sampling by collecting samples along the perimeter of Area 3 following excavation and also from Area 1 following deep tilling. The samples collected by Ecology were analyzed using an X-ray fluorescence meter (XRF) and an EPA -approved analytical protocol (Appendix C). Sample results are included in Table 1 and discussed by area below. Copies of laboratory analytical reports are contained in Appendix C. Confirmation soil sample locations were collected at the locations shown on Figure 6. 3.3.1 Area 1 Following deep tilling, 14 samples were collected by Ecology from the upper 6 inches of soil. The samples were analyzed in the field for lead and arsenic using a portable X -Ray fluorescence meter (XRF). The sample results indicated that two of the 14 samples contained arsenic at concentrations slightly greater than 20 mg/kg, and an exceedance rate of 14 percent. The mean of all of the samples collected following deep tilling was 15 mg/kg. According to MTCA, no one confirmation sample may contain concentrations twice the cleanup level and the exceedance rate shall be no more than 10 percent, except when the cleanup level is based on natural background, when slightly higher rates are acceptable, as is the case here (WAC 173- 340-740 7,e, i). Three field samples were submitted to an analytical laboratory to verify the XRF results. The analytical lab results confirmed the XRF results. The 12 samples collected during the RI from the 2— to 3—foot depth interval within Area 1 were used to confirm that soils excavated to 2 to 3 feet were clean. Of these 12 samples, the mean arsenic concentration was 13 mg/kg. All samples contained arsenic at concentrations less than the cleanup level, except for one sample that contained arsenic at 22 mg/kg, which is an acceptable exceedance (refer to above paragraph). F\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKisseI CARFi na I. doc FINAL 01/28/2003 Cleanup Action Report Page 9 of 12 Floyd Snider McCarthy, Inc. Kissel Park 3.3.2 Area 2 Five soil samples were collected along the southern perimeter of Area 2 in areas that had been excavated to greater than approximately 2 feet. Samples were collected to determine if an engineered cover was necessary in this area. All five samples showed arsenic and lead levels less than the cleanup levels, so the engineered soil cover was not necessary in this area. less the %�cai au However, the contractor elected to place an engineered cover over all of Area 2 except for a small area, as described in Section 3.2.2. 3.3.3 Area 3 Eight soil samples were collected along a grid pattern in Area 3 following the final excavation of this area. Results revealed that two samples close to the boundary with Area 4 contained arsenic at concentrations considerably greater than the cleanup level. Ecology followed up by collecting an additional 19 samples along the eastern and southern perimeter to accurately define extent of the hot spot. The additional samples indicated that the hot spots were of limited extent and therefore an acceptable solution was to expand Area 4 to cover these areas rather than re -excavate to deeper depths. 3.4 INSTITUTIONAL CONTROLS Institutional controls are administrative or maintenance measures implemented to limit or prohibit activities that may cause future exposure to hazardous substances left in place at concentrations greater than cleanup levels. Institutional controls are necessary at this site for the purposes of ensuring that physical cleanup measures, such as the paved surfaces and soil covers, are regularly inspected and maintained over time. Institutional controls are also necessary to plan for and limit activities that could result in exposure to contaminated soil. Specific institutional controls for this site include: • The black filter fabric between the contaminated soil left in place and the clean cover soil cover. It is resistant to penetration and will prevent unintentional digging down to the contaminated soils. It will also indicate when contaminated soils have been reached while intentionally digging at the site (e.g., when making repairs to the irrigation system or when digging for a new light standard) as well as provide a prominent visible indication of any unintentional breaches in the soil cover during regular inspection. • A sign at the park will be placed informing the public of the cleanup action and prohibiting digging activities without City permission. • An irrigation system capable of maintaining the turf in Areas 2 and 4. The irrigation system was laid out prior to the placement of the filter fabric. The irrigation schedule for the site is designed to maintain turf in Areas 2 and 4, while delivering the water at a rate and schedule that minimizes ponding and does not exceed the evapotranspiration rate. • A landscaping plan to ensure that the turf cover and plantings are constantly maintained. This wiii inciude a minimum fertilization, mowing, and weed control schedule during the growing season maintain the turf. F \projects\City of Yakima -Kissel Park\Cleanup Action Report\Final \Text\COYKi ssel CA RFi nal.doc FINAL 01/28/2003 Cleanup Action Report Page 10 of 12 Floyd Snider McCarthy, Inc. Kissel Park • Quarterly inspection and maintenance of paved areas and turf of Areas 2 and 4. The inspections will be performed by City personnel. They will look for cracks, potholes and other damage to the paved areas and for exposure of the filter fabric in the turf areas. Patches of dead vegetation or sod will be noted and maintained as necessary. • A plan for properly managing soil brought up by planned digging activities in Areas 2 and 4. Digging activities may include trenching for additional utilities, adding Tight standards, drilling, etc. To the degree possible, excavated contaminated soil will be placed back in the hole and the 6 inches of import soil cover/sod replaced. Any soil not able to be placed back in its original location will need to be disposed of at an appropriate off-site location, such as a regional landfill. All of the institutional controls and plans described above will be combined into an overall Park Management Plan, contained in Appendix D of this document. The plan will be tied to the existing park plans for the City. To ensure that the institutional controls are maintained over time and tied to the property, they will be described in a restrictive covenant to be placed on the property's deed following cleanup. The restrictive covenant shall obligate the City to maintain the park according to the park - specific management plan. Finally, the restrictive covenant will serve to notify future owners of the site of their obligation to continue the institutional controls. Appendix E contains a copy of the restrictive covenant. 3.5 SUMMARY OPINION It is FSM's opinion, with the exception of the soil strip outside of the southern fence line (refer to Section 3.2.2), that the cleanup described in this report was conducted in substantial compliance with the cleanup requirements of both the MTCA and the cleanup action plan prepared specifically for this site. Approved by: Date F\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKissel CA R Fi nal.d oc FINAL 01/28/2003 Cleanup Action Report Page 11 of 12 Floyd Snider McCarthy, inc. Kissel Park 4.0 References Floyd Snider McCarthy (FSM) 2001. Final Remedial Investigation/Feasibility Study and Cleanup Action Plan RI/FS/CAP. Prepared for City of Yakima. Seattle, Washington. 31 August. KDF Architecture 2001. Project Manual, City of Yakima, Kissel Park Site Improvements, Yakima, Washington, Project 200012. 9 November. Washington State Department of Ecology (Ecology). 1992. Stormwater Management Manual for the Puget Sound Basin. Ecology Publication 91-75. Oiyrnpia, Washington. February. F'\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Text\COYKisseICARFi nal.doc FINAL 01/28/2003 Cleanup Action Report Page 12 of 12 Kissel Park Cleanup Action Report Tables Floyd Snider McCarthy, Inc. Kissel Park Table 1 Summary of Confirmation Sampling Sample ID Cleanup Area Collected By Analytical Method Concentration Comments Arsenic (mg/kg) Lead (mg/kg) CS -3B 3 FSM Laboratory (EPA 6000/7000) 5.3 11 CS -3D 3 FSM Laboratory (EPA 6000/7000) 6.7 9.4 CS -3F 3 FSM Laboratory (EPA 6000/7000) 25.9 30.3 Covered by Expanded Area 4 CS -4A 3 FSM Laboratory (EPA 6000/7000) 4.6 8.8 CS -4C 3 FSM Laboratory (EPA 6000/7000) 5.7 9.9 CS -4E 3 FSM Laboratory (EPA 6000/7000) 9.7 12.3 CS -6B 3 FSM Laboratory (EPA 6000/7000) 7.0 9.1 CS -6D 3 FSM Laboratory (EPA 6000/7000) 56.4 10.9 Covered by Expanded Area 4 CS -2I 2 FSM Laboratory (EPA 6000/7000) 18.1 18.7 CS -2J 2 FSM Laboratory (EPA 6000/7000) 5.3 9.4 CS -6J 2 FSM Laboratory (EPA 6000/7000) 8.8 11.7 CS -7J 2 FSM Laboratory (EPA 6000/7000) 6.2 9.5 CS -7K 2 FSM Laboratory (EPA 6000/7000) 6.4 11.4 84 4 Ecology XRF 42.5 88.4 85 4 Ecology XRF 35.5 16.3 Duplicate of 84 - 6 -inch depth at same location as Sample ID 84. 88 3 Ecology XRF 18.1 21.2 89 3 Ecology XRF 9 6 17.8 90 3 Ecology XRF ND 16.3 91 3 Ecology XRF ND 18.6 92 3 Ecology XRF ND 15.2 93 3 Ecology XRF ND 21.6 Fi\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Tables\COYKisseICA RFi n a ITabl e 1. doc FINAL 01/28/2003 Page 1 of 2 Cleanup Action Report Table 1 Floyd Snider McCarthy, inc. Kissel Park Sample ID Cleanup Area Collected By Analytical Method Concentration Comments Arsenic (mg/kg) Lead (mg/kg) 94 3 Ecology XRF 14.5 16.4 95 3 Ecology XRF ND ND 96 3 Ecology XRF 31.1 73.3 Covered by Expanded Area 4 97 3 Ecology XRF 14.4 27.9 Covered by Expanded Area 4 98 3 Ecology XRF ND 24.2 99 3 Ecology XRF ND 16.3 100 3 Ecology XRF ND 50.4 101 3 Ecology XRF ND 57.8 102 3 Ecology XRF ND 14.2 Duplicate of 101 103 3 Ecology XRF ND 17.2 104 3 Ecology XRF ND ND 1-K50' 1 Ecology XRF 23.3 93.4 Lab confirmed arsenic at 26 mg/kg 2-K125' 1 Ecology Field XRF 15.1 41.3 3-K200' 1 Ecology Field XRF 16.8 64 4-K400' 1 Ecology Field XRF 15.5 81.6 5-K600' 1 Ecology Field XRF 22.7 80.3 6-KM50' 1 Ecology Field XRF 13.4 59.6 7-M150' 1 Ecology Field XRF 16.8 56.6 8-KM350' 1 Ecology Field XRF 14.3 33.5 9-KM450' 1 Ecology Field XRF 12.8 44.7 10-KM600' 1 Ecology Field XRF 17.2 66.8 Lab confirmed arsenic at 15 g/kg 11-K050' 1 Ecology Field XRF 19.1 67.2 12-K0200' 1 Ecology Field XRF 13.5 39.9 13-K0200' 1 Ecology Field XRF ND 24.5 14-K0400' 1 Ecology Field XRF ND 23.5 Lab confirmed arsenic at 6 mg/kg Notes: ND = not detected XRF = x-ray fluorescence meter Flprojects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Tables\COYKi sseI CA RFi na1Ta bl e 1. d oc FINAL 01/28/2003 Page 2 of 2 Cleanup Action Report Table 1 Kissel Park Cleanup Action Report Figures z > nv L^ 3Ntl03 ;1114a gilltinIUMMINIIIMIlli 11111191111= 111111mmil 00tIONMEMintualLIIEL=JiMgam° fa la LIM r monur Hlm s imimaiAtl H 01'S la �nia s _ ,�.n[FE111111120111111111111111U112 IF � � ,eeVIIIMMIESO ■M _Mum um MOE �.�RIM _ R E y@p �� m S 'MN141 allaNtn "t, 3Uvi �Y .Yarm i AMMO ®1111111FINIIIMai� IIIIIIMPOPg maimmeamucala111111111111113=11 = nv -. Nloz MUM go11111151111611111311 er NM 0300 Mill II II 1111111111111101 EffirEffil ell WI 13/113 H106 a 0 U in 0 0 z 0 E 0 U 01 13 cc O > 0 0) d > O C p E �n O 0 >- g 0 p p E0 Y � O 0) } L N O 0 O .� i!) Y 0) LE Vicinity Map Yakima, Washington UP'8001D..21\13SSIN-073dVaPuS Pur, '3NVN `JM0 w°ZZi1 00/80/ZL 3100 1!— )L EMS BLD©. PASSIVE PARK 5.5 AWS ss CHILDREN'S PLAY wv Crs-- --- et CHILDREN'e PLAY 9 ( L.WIDE HCL.LpW CREEK • m...,�=" * Source: Base vtop Drawing provided by KDF Architecture ' 1 ▪ 1▪ ^31 Scale in .--. 150 30C Feet as = Floyd IU Snider MCCatly, Inc City of Yakima Kissel Park Yakima, Washington Figure 2 Conceptual Site Plan 1 2 3 4 5 Note: 1. MTCA Method A Cleanup Level = 20 mg/kg 6 7 A N Floyd Snider McCarthy, Inc. Strategy & Technical Solutions for Contaminated Ropedles City of Yakima Kissel Park Yakima, Washington Figure 3 Arsenic Concentration Contours (mg/kg) Surface Soil (0-0.5') F'\projects\City of Yakima -Kissel Park\Cleanup Action Report\Draft Final \ Figures \COYKisseICARFig3.vsd 12/04/02 A C D E F G H J K L 1 2 3 4 5 6 7 Note: 1. MTCA Method A Cleanup Level = 250 mg/kg N Floyd Snider McCarthy, Inc. Straie&y a Technical Solutions for Contaminated Properties City of Yakima Kissel Park Yakima, Washington Figure 4 Lead Concentration Contours (mg/kg) Surface Soil (0-0.5') F\projects\City of Yakima -Kissel Park\Cleanup Action Report\Draft Final\Figures\COYKisseICARFig3.vsd 12/4/02 !� EXISTING BLDG. + + + +_v + + + + �� + + ;'/ + + i + + + + j%4 + + + + + + >+ + + + + + + + + + A -R 3 + + + + + + + + (8'x3') ( -f-- --+— +- + + + + + + + + + + + + + PASSIVE PA + + + + + + + + + + + + + + + + + + + + + + A -t W --- without Filter Fabric AA*dk 2A 'A ,d * Source: Base Map Drawing provided by KDF Architecture /A A z i\ A / + + + • 0 Area 1, Deep Tilling and Soil Amendment, Excavate to 2', Relocate Soil to Areas 2 and 4 (96,166 SF) Area 2, Regrade, Fabric, 6" Soil Cover and Turf (139,881 SF) Area 3, Excavate to 2', Relocate Soil to Area 4 (139,580 SF) Area 4, Fabric, 6" Soil Cover and Turf (145,136 SF) Asphalt Pavement (131,783 SF) TOTAL: 276,919 SF Original Extent of Area 4 150 300 Scale in Feet Note: The boundaries of each area are approximate. More accurate as—builts are on file with the City of Yakima. Floyd EN— Sn der 5 & IN McCarthy, Inc. City of Yakima Kissel Park Yakima, Washington Figure 5 Extent of Cleanup Areas Following Construction and Snider \PROJ<ISSEL\kisse1012.dw 10'(I102- EXISTMG BLDG. II + a } + 104 103 / 4044 + +•S+4A KA + + + + + + +.4( + + + + AReE[ B+ EA 3 + + ++ • + + CS B + + + kttl+ + PASSE PA + + •C C +- 4 88 8g 90 Ai 0_ -192 93J `i917":4441 .14krikp.„.404.41,4nitlitoforit, Ar44,44.440A-.0,-. 4tA ***444*44 i • In A A Apprax�ma.te�Area ___ _ without Filter Fabric * Source: Bose Map Drawing provided by KDF Architecture // A L A / + + + , i 0 • Area 1, Deep Tilling and Soil Amendment, Excavate to 2', Relocate Soil to Areas 2 and 4 (96,166 SF) Area 2, Regrade, Fabric, 6" Soil Cover and Turf (139,881 SF) Area 3, Excavate to 2', Relocate Soil to Area 4 (139,580 SF) Area 4, Fabric, 6" Soil Cover and Turf (145,136 SF) Asphalt Pavement (131,783 SF) TOTAL: 276,919 SF Original Extent of Area 4 Sample Key Collected by Ecology Collected by FSM Area 1 Confirmation Samples Collected Following Deep Tilling Soil Relocated to Area 2/4 150 300 Scale in Feet Note. The boundaries of each area are approximate. More accurate as—builts are on file with the City of Yakima. twz k Floyd w? . Snider SNEIhategy& N McCarthy, Inc. City of Yakima Kissel Park Yakima, Washington Figure 6 Confirmation Sample Locations Kissel Park Cleanup Action Report Appendix A Site Photographs Site Photo #1: Island of unexcavated soil in Area 3. View to the south, Area 4 in background. Site Photo #2: Piles of compost placed in Area 1 awaiting soil amendment via deep tilling. View to the north. Floyd Snrder =McCarthy.Inc City of Yakima Kissel Park Yakima, Washington Cleanup Action Report Appendix A Site Photos #1 and #2 F \protects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Appendices\COYKisseICARFinaIAppA doc Site Photo #3: View from atop Area 4 following relocation of contaminated soils from Area 3. Excavated Area 2 Site Photo #4: Marker fabric in Area 2 being covered with topsoil. View to the east. Floyd Snider McCarthy. Inc. City of Yakima Kissel Park Yakima, Washington Cleanup Action Report Appendix A Site Photos #3 and #4 F.\projects\City of Yakima -Kissel Park\Cleanup Action Report \Final\Appendices\COYKisseICARFinalAppA.doc Site Photo #5: Amended topsoil in Area 1 being relocated over marker fabric in Area 4. View to the north. Site Photo #6: Tennis courts in center of Area 4. Note topsoil over marker fabric adjacent to walkway. View to the south. Floyd Snider McCarthy.inc. City of Yakima Kissel Park Yakima, Washington Cleanup Action Report Appendix A Site Photos #5 and #6 F \projects\City of Yakima -Kissel Park\Cleanup Action Report \Final\Appendices\COYKisseICARFinalAppA doc EMIL KISSEL PARK Site Photo #7: Park entrance sign with Area 3 in background. View to the southwest. Site Photo #8: Flag pole and tennis courts in Area 4 following completion of construction. View to the south. Floyd 111 Snider McCarthy. ins City of Yakima Kissel Park Yakima, Washington Cleanup Action Report Appendix A Site Photos #7 and #8 F \protects\City of Yakima -Kissel Park\Cleanup Action Report\FinaltAppendices\COYKisseICARFinaIAppA.doc Kissel Park Cleanup Action Report Appendix B Filter Fabric Specification Request for changes to Kissel Park Project Page 1 of 2 Tom Colligan From: Hepner, Norm [NHEP461@ECY.WA.GOV] Sent: Tuesday, April 23, 2002 10:19 AM To: 'jmaine@ci.yakima.wa.us' Cc: Tom Colligan Subject: Request for changes to Kissel Park Project Jim, Based on our discussions last week, I am requesting the following: 1. The 3 ounce white geotextile be replace with a minimum 6 ounce UV stabilized, spunbound, continuous filament, needlepunched, nonwoven, polypylene black geotextile OR equivalent with the following -properties: Property (at mnfg) Minimum Average Roll Value Grab Strength 160 lbs Tear Strength 65 lbs Mullen Burst 285 psi Puncture Resistance 80 lbs UV Resistance (500 hrs) 70% A.O.S. 0.212 mm Permittivity 1.8/sec Water Permeability 0 3 cm/sec Water Flow Rate 135 gpm/ft2 The fabric is to be placed in all contaminated areas overlaid with 6" clean soil; areas receiving pavement shall be provided with a gravel subgrade, in lieu of fabric, which will act as the "visual demarcation barrier" as provided for in Section 4 3.1 of the CAP. 2. Area 4 shall be expanded to the North to encompass the transition area between Area 3 and Area 4 as discussed Friday. This change is necessitated because excavation of 18" did not likely occur and the soil used for the transition slopes/foundations for the structures may not be clean soil. 3 Excavation to 18" in Area 3 is required around its E, W, and N perimeters with overexcavation occurring at the Hot Spot sampling location in the SE corner of the revised Area 3. If you have any questions, please call. Norman T. Hepner, P.E. Toxics Cleanup Program 15 W. Yakima Ave, Suite 200 Yakima, WA 98902 Phone: 509 457-7127 Fax: 509 575-2809 8/30/02 Request for changes to Kissel Park Project Page 2 of 2 Nnrman T. Hapnar, P.P. Toxics Cleanup Program 15 W. Yakima Ave, Suite 200 Yakima, WA 98902 Phone: 509 457-7127 Fax: 509 575-2809 8/30/02 Kissel Park Cleanup Action Report Appendix C Confirmation Samples Laboratory Reports 7,\ qe www.ncalabs.com ncam Seattle 11720 North Creek Pkwy N, Suite 400, Bothell, WA 98011-8244 425.420.9200 fax 425.420.9210 Spokane East 11115 Montgomery, Suite B, Spokane, WA 99206-4776 509.924.9200 fax 509.924.9290 Portland 9405 SW Nimbus Avenue, Beaverton, OR 97008-7132 503.906.9200 fax 503.906.9210 Bend 20332 Empire Avenue, Suite F-1, Bend, OR 97701-5711 541.383.9310 fax 541.382.7588 Floyd Snider McCarthy, Inc. 83 South King Street, Suite 614 Seattle WA, 98104 Project Kissel Park Project Number: COY-KISSEL Project Manager: Tom Colligan Reported: 04/12/02 13:03 ANALYTICAL REPORT FOR SAMPLES Sample ID Laboratory ID Matrix Date Sampled Date Received CS -3D CS -3F CS -4E CS -4C CS -4A CS -3B CS -6D CS -6B CS -6J CS -7K CS -7J CS -2I CS -2J North Creek Analytical - Bothell B2D0153-01 Soil B2D0153-02 Soil B2D0153-03 Soil B2D0153-04 Soil B2D0153-05 Soil B2D0153-06 Soil B2D0153-07 Soil B2D0153-08 Soil B2D0153-09 Soil B2D0153-10 Soil B2D0153-11 Soil B2D0153-12 Soil B2D0153-13 Soil 04/08/02 14:25 04/09/02 11:55 04/08/02 14:35 04/09/02 11:55 04/08/02 14 45 04/09/02 11:55 04/08/02 14:53 04/09/02 11.55 04/08/02 1510 04/09/02 11:55 04/08/02 15.20 04/09/02 11.55 04/08/02 15:35 04/09/02 11:55 04/08/02 15:43 04/09/02 11.55 04/08/02 15.56 04/09/02 11:55 04/08/02 16.05 04/09/02 11:55 04/08/02 16:10 04/09/02 11:55 04/08/02 16.41 04/09/02 11.5 5 04/08/02 16:52 04/09/02 11:55 Scott A. Woerman, Project Manager The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety North Creek Analytical, Inc. Environmental Laboratory Network Page 1 of 8 t,TM IIG >,.,w.ncalabs.COM Seattle Spokane Portland Bend 11720 North Creek Pkwy N, Suite 400, Bothell, WA 98011-8244 425.420.9200 fax 425.420.9210 East 11115 Montgomery, Suite B. Spokane. WA 99206-4776 5!,'9.924.92UU tax 509.924.9290 9405 SW Nimbus Avenue. Beaverton, OR 97008-7132 503.906 9200 fax 503.906.9210 20332 Empire Avenue, Suite F-1, Bend, OR 97701-5711 541.383.9310 fax 541.382.7588 Floyd Snider McCarthy, Inc. 83 South King Street, Suite 614 cat11a WD 98104 Project: Kissel Park Project Number: COY-KISSEL Reported: Project Manager: Torn Colliga . 04/12;02 13:.0.3 Total Metals by EPA 6000/7000 Series Methods North Creek Analytical - Bothell Analyte Result Reporting Limit Units Dilution Batch Prepared Analyzed Method Nf, s9 CS -3D (B2D0153-01) Soil Sampled: 04/08/02 14:25 Received: 04/09/02 11:55 Arsenic Lead 6.73 0.500 9.42 0.500 mg/kg dry 1 CS -3F (B2D0153-02) Soil Sampled: 04/08/02 14:35 Received: 04/09/02 11:55 2D10035 04/10/02 04/11/02 EPA 6020 Arsenic Lead 25.9 0.500 mg/kg dry I 2D10035 04/10/02 04/11/02 30.3 0.500 CS -4E (B2D0153-03) Soil Sampled: 04/08/02 14:45 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead 9.69 0.500 mg/kg dry 1 2D10035 04/10/02 04/11/02 12.3 0.500 CS -4C (B2D0153-04) Soil Sampled: 04/08/02 14:53 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead 5.65 0 450 mg/kg dry 1 2D10035 04/10/02 04/11/02 9.85 0 450 CS -4A (B2D0153-05) Soil Sampled: 04/08/02 15:10 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead 4.57 0 435 mg/kg dry 1 2D10035 04/10/02 04/11/02 8.77 0.435 CS -3B (B2D0153-06) Soil Sampled: 04/08/02 15:20 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead 5.25 11.0 0.500 mg/kg dry 0.500 CS -6D (B2D0153-07) Soil Sampled: 04/08/02 15:35 Received: 04/09/02 11:55 It 2D10035 04/10/02 04/11/02 11 EPA 6020 Arsenic Lead 56.4 0.435 mg/kg dry 1 10.9 0 435 2D10035 04/10/02 04/11/02 It EPA 6020 North Creek Analytical - BotheIl Scott A. Woerman, Project Manager The results in this report apply to the samples analyzed in accordance with the chain custody document. This analytical report must be reproduced in its entirety. North Creek Analytical, Inc. Environmental Laboratory Network Page 2 of 8 4e www.ncalabs.com ncaTM Seattle Spokane Portland Bend 11720 North Creek Pkwy N, Suite 400, Bothell, WA 98011-8244 425.420.9200 fax 425.420.9210 East 11115 Montgomery, Suite 8, Spokane, WA 99206-4776 509.924.9200 fax 509.924.9290 9405 SW Nimbus Avenue, Beaverton, OR 97008-7132 503.906.9200 fax 503.906.9210 20332 Empire Avenue, Suite F-1, Bend, OR 97701-5711 541.383.9310 fax 541.382.7588 Floyd Snider McCarthy, Inc. 83 South King Street, Suite 614 Seattle WA, 98104 Project: Kissel Park Project Number COY-KISSEL Project Manager: Tom Colligan Reported: 04/12/02 13-03 Total Metals by EPA 6000/7000 Series Methods North Creek Analytical - Bothell Analyte Reporting Result Limit Units Dilution Balch Prepared Analyzed Method Notes CS -6B (B2D0153-08) Soil Sampled: 04/08/02 15:43 Received: 04/09/02 11:55 Arsenic Lead 6.96 0 450 mg/kg dry 1 2D10035 04/10/02 04/11/02 9.06 0.450 CS -6J (B2D0153-09) Soil Sampled: 04/08/02 15:56 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead 8.82 0.450 mg/kg dry 11.7 0.450 CS -7K (B2D0153-10) Soil Sampled: 04/08/02 16:05 Received: 04/09/02 11:55 1 2D10035 04/10/02 04/11/02 EPA 6020 Arsenic Lead CS -7J (B2D0153-11) Soil 6.36 0.500 mg/kg dry 11.4 0.500 Sampled: 04/08/02 16:10 Received: 04/09/02 11:55 1 2D10035 04/10/02 04/11/02 EPA 6020 Arsenic Lead CS -2I (B2D0153-12) Soil 6.22 0.500 mg/kg dry - 1 2D10035 04/10/02 04/11/02 9.45 0.500 Sampled: 04/08/02 16:41 Received: 04/09/02 11:55 EPA 6020 Arsenic Lead CS -2J (B2D0153-13) Soil 18.1 0.500 mg/kg dry 18.7 0.500 Sampled: 04/08/02 16:52 Received: 04/09/02 11:55 1 2D10035 04/10/02 04/11/02 EPA 6020 Arsenic Lead 5.34 9.42 0.500 mg/kg dry 0.500 1 2D10035 04/10/02 04/11/02 EPA 6020 North Creek Analytical - Bothell Scott A. Woerman, Project Manager The results in this report apply to the samples analyzed in accordance with the chain of custody document. This analytical report must be reproduced in its entirety North Creek Analytical, Inc. Environmental Laboratory Network Page 3 of 8 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 15 West Yakima Avenue, Suite 200 • Yakima, Washington 98902-3452 • (509) 575-2490 October 24, 2002 Ms. Denise Nichols City of Yakima Department of Public Works Parks & Recreation Division 2301 Fruitvale Blvd Yakima, WA 98902 Dear Ms. Nichols and Mr. Colligan: Mr. Tom Colligan Floyd Snider McCarthy, Inc. 83 S. King Street, Suite 614 Seattle, WA 98104 2002 Enclosed are the analytical results and sampling data package conducted by Ecology for the Kissel Park Project. The Kissel Park Project samples were taken to verify results obtained during the field pilot study for Area 1 deep -till remediation were consistent with those achieved during construction and to ensure area 3 excavation limits met MTCA Method A arsenic cleanup standard. Area 1 Deep -Till Sampling All Area 1 samples were taken at the surface following deep -tilling (see attachment 1 for stockpile sample locations). A stainless steel trowel was used to place the sample into a whirl- pak bag and visible contamination removed from the trowel between sample locations using a clean towel. The sample was then analyzed using a NITON XRF and immediately following analysis placed into a cooler for transport to Ecology. The sample was stored at 4 degree centigrade awaiting Laboratory XRF and three of the samples were shipped to AMTEST laboratories for analysis on July 11, 2002. A complete data package is enclosed for your records (attachment 2). Field sampling with the NITON XRF verified an average arsenic concentration of approximately 15 mg/kg in the Area 1 stockpile with 2 of the 15 discrete locations in the stockpile exceeding the MTCA Method A cleanup level of 20 mg/kg. Additionally, 20% Laboratory ICP data was used to adjust Laboratory XRF data for arsenic. Laboratory XRF data over -reported arsenic concentrations by an estimated 33% because of: 1. Limited NITON analysis time 2. Low arsenic concentrations 3. Lead contaminant interference The adjusted Laboratory XRF data showed an average arsenic concentration of 14 mg/kg in the stockpile with 3 of the 15 discrete locations in the stockpile exceeding the MTCA Method A 0 Ms. Denise Nichols Mr. Tom Colligan October 24. 2002 Page 2 cleanup level of 20 mg/kg. Area 3 Excavation Limit Sampling During Kissel Park construction it was determined that excavation of soil in Area 3 exceeded planned estimates and that arsenic contaminated soil was removed to Area 2 and 4 for use in achieving park planned elevations; these soils have been subsequently capped. The City requested eq»esaed ahaa deep -tilling eep-ii:ting A e: 3 not be required to meet MTCA TCA eihod - cleanup leanup levels. Ecology approved the City's request after reviewing pre and post surveyed contours of Area 3, reviewing previous depth sample results from the RDFS, and conducting NITON XRF sampling of perimeter Area 3 along the boundary with Areas 2 and 4. The perimeter boundary between Areas 2 and 4 offered the greatest likelihood of exceeding MTCA limits based on historical contaminant concentrations present and minimum depth of excavation at these locations. Perimeter Area 3 Field NITON XRF analysis was conducted on June 12, 2002 (see attachment 3 for results). A 6" depth sample using a 1/2" diameter conduit was taken at each location along the Area 2 and 4 border (see attachment 4 for locations) and mixed with mortar and pestle prior to placing in whirl-pak bag. Following initial results of XRF sampling and the understanding that additional fill was required in the transition from Area 3 to 4, Ecology moved the Area 3 perimeter boundary approximately 12' with the City's approval. Based on the new perimeter, the average field arsenic concentration was approximately 14 mg/kg for the 18 sample locations analyzed with only 1 measurement exceeding the MTCA Method A cleanup level. Field and Laboratory XRF Analysis Procedure Field NITON XRF analysis was performed using procedures outlined in the NITON User's Guide, Version 5.2, Chapter 3. Analysis of Bagged Bulk Samples. Laboratory NITON XRF analysis was performed using procedures described in EPA Method 6200, Field Portable X -Ray Fluorescence Spectrorometry for the Determination of Elemental Concentrations in Soil and Sediment. Conclusion This sample data package should be included in the post construction report for the Site. The NITONF field sampling and analysis with laboratory confirmation data, construction field inspection reports, pre and post contour surveys, previous RDFS sampling data, etc., should be used to conclude whether the cleanup action was constructed in substantial compliance with the plans and specifications. Ecology looks forward to reviewing the final construction report, deed restriction, and operations and maintenance plan for this Site. Ms. Denise Nichols Mr. Tom Colligan October 24, 2002 Page 3 Ecology enjoyed the opportunity to support the City of Yakima in completing this remediation project. Based on the experiences gained, we look forward to supporting the City with field sampling needs for the Gailleon Park remediation project in the near future. If you have any questions or need additional clarification, please contact me at (509) 457-7127. Sincerely, Norman T. I-tepner, P.E. Site Manager Toxics Cleanup Program Enclosure r KI SSE L. P/- R K - . REQ- ,E JST C J 8/Cx 105- 6/2 7/02 DEEP TILL 5/4//1PCI U ATCI1- N1T0 N KRF FIELD AN hLYSFS by )3. l 14E Pk) ER WELLH UsE r ---EN CIE E .AJ C1 -0S t,I RE T Pb--= •4' :s i ( Pk) =59.6 4s = f3,4 0 Pb=39,9 As = /6, AS =<LoD ►y Pb a3•S 4 = CLOD +. Pb -33•S s :f;8 P.b=`i,f.7 0 66.B As As=17.a OPb = G3>1i A-5 = a3.3 Pb=ti/=3 IS/ pb=�y 5 =i6•B 4s={.5 Pb=80.3 A-1 2 Fe(g. N ITD--&i XkJ pc -IA ± AREA 1 S+ &-f + fie Serial #XL700-U35737059LY BULK Header: Re 49. AAc0. Site: <none> ki3s0 , Ace._ No XLNo Source Ssec 1 437 BLANK 124.5 2 438 LOW 123.6 3 439 LOW 122.2 4 440 LOW 122.3 5 441 1-K50' 439.1 6 442 2-K125' 468.1 7 443 3-K200' 392.4 8 444 4-K400' 390.6 9 445 5-K600' - 384.7 10 446 6-KM50' 499.5 11 447 7-M150' 575.5 12 448 8-KM350' 390.4 13 449 9-KM450' 467.6 14 450 10-KM600' 958 15 451 11-K050' 528.8 16 452 12-K0200' 411 17 453 13-K0200' 415.5 18 454 14-K0400' 452.3 19 455 15-K0600' 487.2 23 459 BLANK 256.5 24 460 LOW 125.1 25 461 LOW 124.9 26 462 LOW 133.5 Date/Time 7/12/2002 9:09 7/12/2002 9:13 7/12/2002 9:16 7/12/2002 9:19 7/12/2002 9:23 7/12/2002 9:35 7/12/2002 9:49 7/12/2002 10:00 7/12/2002 10:10 7/12/2002 10:21 7/12/2002 10:34 7/12/2002 10:50 7/12/2002 11:01 7/12/2002 11:15 7/12/2002 11:40 7/12/2002 11:55 7/12/2002 12:07 7/12/2002 13:42 7/12/2002 13:55 7/12/2002 14:09 7/12/2002 14:16 7/12/2002 14:20 7/12/2002 14:23 Pb Pb Error As As Error <LOD 9.9 <LOD 10.2 26 10.3 <LOD 15.75 26 10.4 <LOD 16.35 17.9 10.1 <LOD 15.9 93.4 7.4 23.3 7.4 41.3 5.6 15.1 5.8 64 6.7 16.8 6.8 81.6 7.1 15.5 7 80.3 7.4 22.7 7.5 59.6 5.7 13.4 5.7 56.6 5.2 16.8 5.2 33.5 5.2 14.3 5.4 44.7 5 12.8 5.1 66.8 4.4 17.2 4.4 67.2 5.9 19.1 6 39.9 5.6 13.5 5.7 24.5 5 <LOD 7.5 23.5 4.5 <LOD 6.75 31.4 5.2 12.4 5.4 <LOD 6.75 <LOD 7.05 27.2 10.4 21.6 11.2 24.7 10.3 <LOD 15.75 16.6 9.5 21.4 10.4 -TC - `-.- iii 9 t) xP Serial #XL700-U35737059LY BULK Header: LA$ AV04.l4 s Site: <none> Ki ---56e1 , kreck - Nn XI Nn Sni irrta Smarr nata/Tima Ph Ph Ern As As Error 1 602 BLANK 130.7 7/22/2002 11:31 <LOD 1005 <LOD 10.35 2 603 LOW 122.5 7/22/2002 11:35 27.1 10.5 <LOD 16.35 3 604 LOW 122.5 7/22/2002 11:39 27.6 10.5 <LOD 16.5 4 605 LOW 124 7/22/2002 11:46 <LOD 14.55 20.9 10 6 5 606 1 401.9 7/22/200211:59 109.3 8.3 32.2 8.4 6 607 2 457.7 7/22/2002 13:21 45.7 6.3 11.5 6.3 7 608 3 447 7/22/2002 13:49 86.9 7 4 22.4 7 4 8 609 4 479 7/22/2002 14:50 107.1 7.5 31.5 7 6 7 /22 12002 1 5:28 1 1 1 A 3 A G 9 610 5 486.8 fI✓LIGVV�. 7>7.!S� � � 1 4 77 �rro.0 7v 10 611 6 450.1 7/22/200216:13 84.3 7.3 23.2 7.3 11 612 BLANK 129.1 7/22/2002 16:25 <LOD 10.35 <LOD 1005 12 613 LOW 123.4 7/22/2002 16:29 23.6 10.3 <LOD 16.2 13 614 LOW 132.3 7/22/200216:32 21.5 9.8 15.5 10.3 14 615 LOW 124.2 7/22/200216:36 21.9 10.2 21 11 16 617 BLANK 124.1 7/23/2002 8:55 <LOD 10.05 <LOD 10.35 17 618 LOW 341.6 7/23/2002 10:51 26.5 6.2 15.2 6.5 18 619 LOW 258.4 7/23/2002 11:00 28.2 7.2 12.1 7 4 19 620 LOW 124.6 7/23/2002 11:07 20.6 10.2 20 3 11 20 621 7 423.5 7/23/2002 11:27 86.4 7 4 18.6 7 4 21 622 8 423.9 7/23/2002 11:58 59.6 6.4 17.6 6.5 22 623 9 428.4 7/23/2002 13:25 81.2 7.1 21.8 71 23 624 10 409.2 7/23/2002 13:57 92.7 7.9 21.7 7.9 24 625 11 435.6 7/23/2002 14:26 92.7 7.6 22 7 6 25 626 12 466 .3 7/23/2002 4:5+ 56.8 6 4 20.6 6.5 26 627 13 405.9 7/23/2002 16:06 39.3 6.3 12.4 6.5 27 628 14 415.7 7/23/2002 16:35 30.5 5 7 <LOD 8.7 28 629 15 406 7/23/2002 16:55 50.9 6.8 14.1 6.9 29 630 BLANK 124.7 7/23/2002 17:06 <LOD 10.65 <LOD 10 65 30 631 LOW 134.7 7/23/2002 17:10 19.8 9 6 18.6 10.3 31 632 LOW 151.8 7/23/2002 17:14 22.4 9.2 16.8 9 7 32 633 LOW 122.5 7/23/200217:18 18 10.1 20.4 11 is i4 2 Am Test Inc. 14603 N.E. 87th St. —Redmond.=WA 98052 Tel: 425.885.1664 Fax: 425.883.3495 www.amtestlab.com AIWEST L A BOR A T OR 1 E S Aug 19 2002 Department of Ecology C/O Bay Zinc 15 W Yakima Ave, Suite 200 Yakima, WA 98902 Attention: Norman Hepner A1Ctf 2 Professional Analytical Services Dear Norman Hepner: Enclosed please find the analytical data for your Bay Zinc project. The following is a cross correlation of client identifications for your convenience. CLIENT ID DR -1 K-1 K-10 ._._—� K-14 D -1A D -2A D -3B D -4A D -5A D -6A D -7A D -8A D -9A D -10B D -11A D -12A D -13A D -14A D-15Bs D -16A D -17B D -18B D -19B D -20A D -22C D -23A D -24A D -25A D -26A D -20D D -1B At :ne MATRIX AM TEST ID Water Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soil Soii Soil Soil Soil Soil Soil Soii Soil Soil Soil Soil Soil Soii Soil and laboratory TEST 02-A009033 02-A009034 02-A009035 02-A009036 02-A009037 02-A009038 02-A009039 02-A009040 02-A009041 02-A009042 02-A009043 02-A009044 02-A009045 02-A009046 02-A009047 02-A009048 02-A009049 02-A009050 02-A009051 02-A009052 02-A009053 02-A009054 02-A009055 02-A009056 02-A009057 92-A009058 92-A009059 02-A009060 02-A009061 02-A009062 Soii 02-A009063 time of receipt, the samples were logged maintained prior to their subsequent analyses. MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET, CONV, MET CONV, MET CONV, MET, in and properly Am Test Inc. 14603 N.E. 87th St. --Redmond, WA 98052 L 4 g OR AT OR IES Professio. l Analytica Services TeL425.magelo artment of Ecology Fax: 425.883N4S M nCN11Ci www.amtestlab.com The analytical procedures used at Am Test are well documented, and are typically derived from the protocols of the EPA, USDA, FDA or the Army Corps of Engineers. Following the analytical data you will find the QC results and "Methodology Report". This table includes information relative to the detection limits, analyses dates and method references. Please note that the limits that are listed in the body of the report refer to the Method Detection Limits (MDL's), as opposed to Practical Quantitation Limits (PQL's). If you should have any questions pertaining to the data package, please feel/ifree to contact me. • Si.lncerel Kith ugiel Director of Inorganic Laboratory Project #: Bay Zinc BACT = Bacteriological MET = Metals ORG = Organics CONY = Conventionals Am Test Inc. 14603 N.E. 87th St. --Redmond. WA 98052 Tel: 425.885.1664 Pax: 425.883.3495 Nww.amtestlab.com Department of Ecology C/O Bay Zinc 15 W Yakima Ave, Suite 200 Yakima, WA 98902 Attention: Norm Hepner LABORATORIES ANALYSIS REPORT Date Received: 7/12/02 Date Reported: 8/19/02 Project Name: Bay Zinc Project #: Bay Zinc SOIL SAMPLES Professional Analytical Services PARAMETER Units Result 02-A009034 Client ID: K-1 Date Sampled: , Total Solids 91. METALS Arsenic ug/g Lead ug/g Metals reported on a "dry weight basis". 26. 110 02-A009035 Client ID: K-10 Date Sampled: , Total Solids o 87. METALS Arsenic ug/g Lead ug/g Metals reported on a "dry weight basis". 15. 64. 02-A009036 Client ID: K -14 - Date Sampled: , Total Solids % 82. METALS Arsenic ug/g Lead ug/g Metals reported on a "dry weight basis". 6.0 23. T;e I bl N iTD.,J ?<K ���-�a-��t . 74 EP- 3 Serial #XL700-U35737059LY BULK I-� _ /� Header: Rea -r' `ysts Kissel Park June 12 Perimeter Sampling of Area 3 between Area 2 and 4 Site: <NONE> No XLNo Site Ssec 1 83 LOW NIST SAMPLE 2 84 Original permiter; previous high scn 3 85 Original permiter; previous high sch 6 88 new permiter 50' in from corner of 1 7 89 between 3 & 4: 50' from 88 8 90 between 3 & 4: 50' from 89 9 91 between 3 & 4: 50' from 90 10 92 between 3 & 4: 50' from 91 11 93 between 3 & 4: 50' from 92 12 94 corner of 3,4, & 2 13 95 between 2 & 3: 50' from 94 14 96 between 2 & 3: 50' from 95 15 97 between 2 & 3: 50' from 96 16 98 between 2 & 3: 50' from 97 17 99 between 2 & 3: 50' from 98 18 100 between 2 & 3: 50' from 99 19 101 coner of Area 2 & 3, and Mead Ave 20 102 101 rerun 21 103 between area 3 and Mead Ave. 50' 22 104 between area 3 and Mead Ave: 100 23 105 LOW NIST SAMPLE 500.7 271.8 761.2 502.5 497.8 537.6 251.9 501.8 500.2 672.5 185 9 670.8 792.9 532.4 242.5 286.2 382.3 278.8 162.5 109.5 2000.8 Date/Time Pb Pb Er As Level of As Error 6/12/2002 7:22 6/12/2002 7:48 6/12/2002 9:26 6/12/2002 10:05 6/12/2002 10:19 6/12/2002 10:32 6/12/2002 10:46 24.8 88.4 16.3 21.2 17.8 16.3 18.6 6/12/2002 10:53 15.2 6/12/2002 11:06 21.6 6/12/2002 11:19 16 4 6/12/2002 11:36 <LOD 6/12/2002 11:42 73 3 6/12/2002 11:59 27.9 6/12/2002 12:19 24.2 6/12/2002 12:33 16.3 6/12/2002 12:39 50.4 6/12/2002 12:47 57.8 6/12/2002 12:57 14.2 6/12/2002 13:04 17.2 6/12/2002 13:08 <LOD 6/12/2002 13:13 22.3 5.1 9.7 5.1 5 5 5 7.6 6.1 5.4 4.8 13.35 68 49 5 8.1 9.9 7.4 7.2 9 16.8 2.5 15 42.5 35.5 18.1 9.6 <LOD <LOD <LOD <LOD 14.5 <LO D 31.1 144 <LOD <LOD <LOD <LOD <LOD <LOD <LOD 16.3 Detect 18.1 9.6 7.95 12 10.2 8.4 14.5 14 55 31.1 14.4 7.65 13.5 16.5 11.1 11.7 13.8 18.75 16.3 5.4 10.3 6 5.4 5.2 7.95 12 10.2 8.4 53 14.55 7.6 5.3 7.65 13.5 16.5 11.1 11 7 13.8 18.75 2.7 ATc14-- Afa-elor A. 1 1 %**k -4) , KELIRK NThtLC;AtrY\P LNG ,L2- v:2-002- Kissel Park Cleanup Action Report Appendix D Park Management Plan Floyd Snider McCarthy, Inc. Kissel Park Appendix D Park Management Plan — Contaminated Soils Kissel Park was developed on former orchard land. As a result, arsenic and lead occurred in the surface soils. This caused the city to undertake a cleanup of the park during its construction in 2002. As part of the cleanup, soil with arsenic and lead concentrations greater than the state's cleanup level was concentrated in a specific portion of the park (Areas 2 and 4) and covered by either pavement (parking lot, tennis courts) or 6" of clean topsoil. Under the clean topsoil is a black marker fabric that delineates the boundary between the contaminated and clean soils. Under the pavement is a base course that lies atop contaminated soils. Consult the Cleanup Action Report for the Park to obtain details on the cleanup action. The rest of the park (Areas 1 and 3) was completely cleaned up and therefore exempt from the requirements of this plan. Refer to Figure D-1 for the boundaries of Areas 2 and 4. The contaminated soils in these areas are now covered by either pavement or turf. Under the turf is 6 inches of clean cover soils. Over time, however, both pavement and turf can wear and lose their ability to adequately protect park visitors for exposure to contaminated soils. For example, in heavily trafficked areas of the park, turf may die, causing erosion of underlying soils to the point where the underlying contaminated soils may be exposed. As a result, "institution controls" which maintain and inspect the pavement and turf must be implemented indefinitely. The following sections describe the specific institutional controls that must be followed within Areas 2 and 4. 1.0 LANDSCAPING The following procedures must be performed to keep the turf healthy in landscaped areas: • Turf must be seasonally fertilized and irrigated. • The irrigation system must be maintained in accordance the City's Parks Department policies (winterization, testing, repainting, updating, use of rainfall sensors). • Dead turf areas must be resodded or reseeded. • Turf must be mowed in accordance with the general requirements of Parks and Recreation. • Over -irrigation leading to ponding must not be allowed to occur. A rain sensor will allow for shutdown of the irrigation system during time of rainfall In addition, fertilization and weed control shall be performed at the discretion of the Parks Department with the objective to maintain healthy and weed -free turf. F\projects\City of Yakima -Kissel Park\Cleanup Action Report \ Final \Append ices\COYKi sseICARFi na IAppD. d oc FINAL 01/282003 Cleanup Action Report Page 1 of 3 Floyd Snider McCarthy, inc. Kissel Park 2.0 HANDLING OF CONTAMINATED SOILS Within Areas 2 and 4, future improvements or repairs may result in breaching of the filter fabric or base course overlying contaminated soils. Should this occur, and contaminated soils brought to the surface, the City of Yakima shall take the following actions: • Plastic sheeting shall be used to contain the soil brought up below the filter fabric or base course. • Following completion of the digging activities, to the extent possible, the contaminated soil contained upon the plastic sheeting shall be returned to the hole, compacted and the filter fahric/topsoil or Kase course replaced, and resodded or patched. • Should any contaminated soil not be able to be returned to the hole, then it shall be transported off site to a regional landfill (e.g., the Regional Disposal Company landfill near Goldendale, Washington) permitted to accept such soils. 3.0 QUARTERLY INSPECTION OF AREAS 2 AND 4 Four times a year, an inspection of Areas 2 and 4 must occur. Any City employee can carry out the inspection. The inspection shall walk over Areas 2 and 4 and note the presence of all of the following: • Overall condition of the pavement (i.e.- excellent, good, fair, poor) at both the parking lot and play courts • Presence of any potholes or large cracks or other signs of pavement deterioration • Cracking or spalling of the asphalt along the edges of the parking lot or play courts • Overall condition of the turf (excellent, fair, poor) • Areas of dead or dying sod • Exposure of black marker fabric • Areas where inadvertent digging has occurred Should the presence of base course underlying any area of asphalt be noted, then immediate repairs shall be implemented. !t is expected when the asphalt degrades to an overall poor condition, that repaving of the parking lot will occur. Should dead areas of turf be noted, they shall be reseeded or resodded. Any areas where the black marker fabric is exposed are to be flagged off and filled with 6" of import topsoil and reseeded or resodded. Recommendations for any follow up work noted as a result of the inspection should be made on the form itself. A copy of the inspection report shall be forwarded to the Washington State Department of Ecology at the address below. F:\projects\City of Yakima -Kissel Park\Cleanup Action Report\Final\Appendices\COYKissel CA RFi n a IAppD.d oc FINA! 01/2R/2003 Page 2 of 3 Cleanup Action Report Appendix D Floyd Snider McCarthy, Inc. Kissel Park Norman T. Hepner, P.E. Toxics Cleanup Program 15 W. Yakima Ave, Suite 200 Yakima, WA 98902 Phone: 509 457-7127 Fax: 509 575-2809 F•\projects\City of Yakima -Kissel Park\Cleanup Action Report \ Final \Appendices\COYKi sseI CA RF i n a IApp D. doc FINAL 01/28/2003 Page 3 of 3 Cleanup Action Report Appendix D Kissel Park Cleanup Action Report Appendix E Restrictive Covenant ORDINANCE NO. 2003 - AN ORDINANCE concerning land use and environmental regulation and imposing a restrictive covenant on real property owned by the City of Yakima commonly known as Kissel Park and Gailleon Park (the "Parks") as a part of the City's environmental remediation of arsenic- and lead - contaminated soils located at the Parks, undertaken in conjunction with the Washington State Department of Ecology's Toxics Cleanup Program. WHEREAS, both Kissel Park and Gailleon Park have been identified as being the sites of soils contaminated with arsenic and lead at levels in excess of those permitted by the Model Toxics Control Act due to agricultural activities predating the use of the Parks for recreational purposes; and WHEREAS, the City has worked cooperatively with the Washington State Department of Ecology to reach an agreed plan for remediating the soil contamination at the Parks, which plan calls for a variety of controls and safeguards to reduce the effect of the soil contamination on the environment and on public health; and WHEREAS, an integral component of the plan for remediating the soil contamination at the Parks is the recording of restrictive covenants in the forms attached hereto as Exhibits "A" and "B" to serve as institutional controls on the future use of the Parks and to avoid uses of the Parks which otherwise might inadvertently result in the exposure of underlying contaminated soil; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The City Manager of the City of Yakima is hereby instructed and directed to execute the restrictive covenants attached hereto as Exhibits "A" and "B" and incorporated herein by this reference and further to record the same with the Page 1 of 2 Yakima County Auditor against the City's real property title for Kissel Park and Gailleon Park. Section 2. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 3. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this day of January, 2003. T ifary Place, Mayor ATTEST: City Clerk Publication Date: Effective Date: Page 2 of 2 WHEN RECORDED RETURN TO: City of Yakima Clerks Office 129 North Second Street Yakima, WA 98901 RESTRICTIVE COVENANT Grantor: CITY OF YAKIMA Grantee: WASHINGTON DEPARTMENT OF ECOLOGY Legal Description: Parcel A: NW '/d, NW 1/4, NW '/4, Sec 35, Twp 13N, R 18, E.W.M. Parcel B: Portion of SW 1/4, NW 1/4, NW 1/4, Sec 35, Twp 13N, R 18, E.W.M. Full legal shown in Exhibit A. Assessor's Property Tax Parcel Account Number(s): Parcel A: 18-13-35-22014 Parcel B: 18-13-35-22007 11 11 11 1 YNN QUESENBURY 111 11 1 1 II ill 11 7311044 Page: 1 of 7 01/08/2983 03.18P COU /25.09 Yakima Co, WA RESTRICTIVE COVENANT City of Yakima, Kissel Park This Declaration of Restrictive Covenant is made pursuant to RCW 70.105D.030(1)(f) and (g) and WAC 173-340-440 by the City of Yakima and its successors and assigns (hereinafter the "City"), and the State of Washington Department of Ecology, its successors and assigns (hereafter "Ecology"). Remedial action occurred at the property that is the subject of this Restrictive Covenant (hereinafter the "Remedial Action"). The Remedial Action conducted at the property is described in a final Cleanup Action Report, dated December, 2002, the Agreed Order between the City and Ecology, DE 01TCPCR-2093, dated March 21, 2001, and in the attachments to the Order and in the documents referenced in the Order (hereinafter "Remedial Action Documents"). These documents are on file at Ecology's Central Regional Office in Yakima, Washington. This Restrictive Covenant is required because the Remedial Action resulted in residual concentrations of lead and arsenic which exceed the Model Toxics Control Act Method A Residential Cleanup Levels for soil established under WAC 173-340-740(2). The contaminated soil is contained on-site within a multimedia cover system. The undersigned, City of Yakima, is the fee owner of real property (hereafter "Property") in the County of Yakima, State of Washington, that is subject to this Restrictive Covenant. The Property is legally described in Exhibit A (legal description) and shown on Exhibit B (site plan) of this Restrictive Covenant, both of which exhibits are made a part hereof by this reference. The Property is located at 32nd Avenue and Mead Avenue, Yakima, WA 98902. The City makes the following declaration as to limitations, restrictions, and uses to which the Property may be put, and specifies that such declarations shall constitute covenants to run with the land, as provided by law, and shall be binding on all parties and all persons claiming under them, including all current and future owners of any portion of or interest in the Property (hereinafter the "Owner"). Section 1. Any activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action, or create a new exposure pathway, is prohibited. The Owner will maintain the Property consistent with a Park Management Plan, as may be updated from time to time, that contains the following institutional controls to prevent recontamination from occurring: 11 11 1 YNN QUESENBUR 111 11 1 1 11 7311044 Page: 2 of 7 91/98/2883 83:18P OV X25.66 Yakima Co, WR a) A marker fabric placed between the contaminated soil left in place within Areas 2 and 4 as shown on Exhibit B, and the overlying non -contaminated soil cover or asphalt paving. The marker rnaterial is a black -colored netting that is non - biodegradable. lP Tt ir,rrinotes �v},o,1 r s f mir,nten solus 1,--7e 'nee- renhed wb-ne V1V 11V�.,1141114V1V. Sl 111111%l141V.J ♦, 11V11 VV111141i....• l%# sons 11117V VVV111 VL1V11VV ♦.rally intentionally digging at the Property (e.g., when making repairs to the irrigation system or when digging for a new light standard) as well as provides a barrier to penetration by inadvertent digging, and provides a prominent visible indication of any unintentional breaches in the soil or asphalt cover during regular inspection. b) A sign at the Property informing the public of the Remedial Action and prohibiting digging activities without City permission. c) An irrigation system capable of maintaining the turf in Areas 2 and 4, the location of which is shown on Exhibit B and described in more detail in the Remedial Action Documents. The irrigation system was installed prior to the placement of the soil cover and marker fabric. The irrigation schedule for the site must be designed to maintain turf in Areas 2 and 4, while delivering the water at a rate and schedule that minimizes ponding and does not exceed the evapotranspiration rate. d) A Landscaping Plan implemented by the Owner to ensure the turf cover and plantings are constantly maintained. This plan must include a minimum fertilization, mowing, and weed control schedule during the growing season to keep the turf maintained. e) An Inspection Plan for inspection and maintenance of paved areas and turf. The inspection must look for cracks, potholes and other damage to the paved areas. In landscaped areas, patches of dead vegetation or sod must be noted and maintained as necessary. The Owner must implement and follow this plan which must include quarterly inspections by Park and Recreation Personnel. Should the Property be conveyed to a third party, Ecology may designate another parry to make quarterly inspections. f) A Soil Management Plan implemented by the Owner for properly managing soil brought up by digging activities in Areas 2 and 4, the locations of which are shown on Exhibit B and described in more detail in the Remedial Action Documents. Such planned digging activities may include trenching for additional utilities, adding light standards, drilling and other activities. To the degree possible, excavated contaminated soil from below the marker fabric must be placed back in the hole and the six inches of import soil cover/sod replaced. Any soil not able to be placed back in its original location must be disposed of at an appropriate off-site location, such as the Yakima County municipal solid waste landfill. 2 I LYNN QUESENBUR' iu 11 1 1111 111 7311044 Page; 3 of 7 81/68/20S3 63,is COV $25.66 Yakima Co, WA Section 2. Any activity on the Property that may interfere with the integrity of the Remedial Action and continued protection of human health and the environment is prohibited. Section 3. Any activity on the Property that may result in the release or exposure to the environment of a hazardous substance that remains on the Property as part of the Remedial Action, or create a new exposure pathway, is prohibited without prior written approval from Ecology. Section 4. The Owner of the Property must give thirty (30) days advance written notice to Ecology of the Owner's intent to convey any interest in the Property. No conveyance of title, easement, lease or other interest in the Property shall be consummated by the Owner without adequate and complete provision for the continued operation, maintenance and monitoring of the Remedial Action. Section 5. The Owner must restrict leases to uses and activities consistent with the Restrictive Covenant and notify all lessees of the restrictions on the use of the Property. Section 6. The Owner must notify and obtain approval from Ecology prior to any use of the Property that is inconsistent with the terms of this Restrictive Covenant. Ecology may approve any inconsistent use only after public notice and comment. Section 7. The Owner shall allow authorized representatives of Ecology the right to enter the Property at reasonable times for the purpose of evaluating the Remedial Action; to take samples, to inspect remedial actions conducted at the Property, and to inspect records that are related to the Remedial Action. Section 8. The Owner of the Property reserves the right under WAC 173-340-440 to record an instrument that provides that this Restrictive Covenant shall no longer limit use of the Property or be of any further force or effect. However, such an instrument may be recorded only if Ecology, after public notice and opportunity for comment, concurs. CITY OF YAKIMA By: Its City T?ager, R.A. Zais, Jr. Dated: Tan"-ry 8, 0003 3 11111111 LYNN QUESENBURY 1111 1 ll 11 11 7311044 Page: 4 of 7 61/08/2003 03:18P COU X25,00 Yakima Co, WR STALE OF WASHINGTON ) ) ss. COUNTY OF YAKIMA ) I certify That I know or have satisfactory evidence that R.A. Zais, Jr. is the person who appeared before me, and said person acknowledged that s/he signed this instrument, on oath stated that s/he was authorized to execute the instrument and acknowledged it to 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: Ta,vkAA.-a4,7 g/ Oo3 (Use this space for notarial stamp/seal) K:1257221000061KJL\KJL A216E Notary Public Print Name Karen S. Roberts My commission ssion expires — ? 0 0.s."-- 4 5 4 -r lIij II 1111 1 111 IIIIli ll 1 LYNN OLIESENBURY 11111111 7age 311044 P 5 of 7 01/08/2003 03:18P COV $25.06 Yakima Co, WA EXHIBIT A LEGAL DESCRIPTION The following premises situated in the City of Yakima, County of Yakima, State of Washington, described as follows: PARCEL A: The Northwest Quarter of the Northwest quarter of the Northwest quarter of Section 35, Township 13 North, Range 18, E.W.M. PARCEL B: That part of the Southwest quarter of the Northwest quarter of the northwest quarter of Section 35, Township 13 North, Range 18 E.W.M., lying North of a line - beginning at the intersection of Wide Hollow Creek with the West line of said subdivision; thence Southeasterly along said creek 330 feet, more or less, to a point 20 rods from the west line of subdivision; thence North 66 feet; thence Southeasterly to a point on the East line of said subdivision 115.5 feet North of the Southeast comer of said subdivision. Except one-half interest in the West 1 rod of said Parcels A and B, said West one (1) rod to be used for irrigation purposes. 5 11 11 11 1 111 LYNN QUESENBURY 11 1 1 11 1111 11 7311044 Page: 6 of 7 01/0812003 03:18P COV $25,00 Yakima Co, WA or. '1'/ 104:41 oittr:ri 41):. A! k Appr 1 without Filter Fabric • Source: Bose Map Drawing provided by KDF Architecture Exhibit "B" SITE PLAN ///1 A 0 A - 4- 4- -1- 0 Area 1, Deep Tilling and Soil Amendment, Excavate to 2', Relocate Soil 'Co Areos 2 and 4. (96,166 SF) Area 2, Regrode, Fabric, 6" Soil Cover and Turf (139,881 SF) Area 3, Excovote to 2', Relocate Soil to Area 4 (139,580 SF) Area 4, Fabric, 6" Sol Cover and Turf (145,136 SF) Asphalt Pavement (131,783 SF) TOTAL: 276,919 SF Original Extent of Area 4 150 300 Scale in Feet Note: The boundaries of each area ore approximate. More accurate os—builts ore on file with the City of Yokime. s;i 3 Soy nidder I McCarthy inc City of Yakima tassel Park Yakima, Washington Figure 5 Extent of Cleanup Areas Following Construction 1111 IIliIIIU 11 1 1 iu in II 7311044 Page: 7 of 7 81/0812083 83 18 COV i~25.08 Yakima Co, WA