HomeMy WebLinkAboutR-2009-015 City/County Air Terminal Clean-Up Services Contract with Landau AssociatesRESOLUTION NO. R-2009-15
A RESOLUTION authorizing the City Manager to sign a Professional Services Contract,
together with Yakima County ("County"), with Landau Associates, for the
dean -up of certain Yakima Air Terminal property known as Richardson
Airways; and to assist in the plans to investigate remediation for specific
Underground Storage Tanks (USTs) at the Air Terminal; and authorizing
the City Manager to approve and sign an Agreed Order with the
Washington State Department of Ecology related to the plans regarding
the USTs, along with other necessary and related documents pursuant to
the Model Toxics Control Act ("Toxics Control Act") RCW 70.105D; and,
in addition, further authorizing the City Manager to utilize the expertise of
Landau Associates for additional environmental clean-up and remediation
projects in the City, as recommended by the Assistant City Manager and
the City Engineer;
WHEREAS, the City and the County are the co-owners of the Yakima Air Terminal ("Air
Terminal"); and
WHEREAS, the City, the County and the Department of Ecology ("Ecology") previously
cooperated to study the area, collect data and enter into a Consent Decree to comply with the
Toxics Control Act in 1997; and
WHEREAS, it is now over a decade since those measures were taken and it is
appropriate to review the sites and proceed with additional steps; and
WHEREAS, operations at the site included filling an airplane spray tank with pesticide
solution and on completion of the aerial spraying, washing the tank at the ' washdown site"; and
WHEREAS, clean-up of the site will benefit the operations of the Air Terminal and the
public; and
WHEREAS, there are other activities related to clean-up at the Air Terminal conceming
Underground Storage Tanks ("USTs"); and
WHEREAS, the Ecology has set aside grant funding for the City and the County that will
provide ninety per cent (90%) of the costs for both projects, the Richardson's site and the USTs;
and
WHEREAS, the City and the County have, pursuant to a request for qualifications,
selected Landau Associates to provide the required professional services and expertise for the
clean-up (Richardson) and the investigation for remediation (USTs); and
WHEREAS, Landau Associates is prepared to commence the work in questionas
directed by the City Engineer in consultation with Ecology; and
WHEREAS, the approval of a Consent Decree with Ecology was previously approved by
the City Council for the Richardson Airways site; and
WHEREAS, the approval of an Agreed Order with Ecology is necessary for the USTs;
and
WHEREAS, there are other environmental projects that will require the professional
expertise of Landau Associates, as directed by the City Manager and the City Engineer, now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager (or his designee) is hereby authorized to sign the Professional
Services contract with Landau Associates for the clean-up of the Richardson Airways site and
investigation for remediation for the USTs at the Air Terminal, as well as the Agreed Order with
the Department of Ecology, and any additional documents necessary to complete the work as
recommended by the City. Engineer; as well as for other environmental clean-up and/or
investigation projects, as directed by the City Manager and the City Engineer.
ADOPTED BY THE CITY COUNCIL this 20th day of January, 2009.
ATTEST:
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
In the Matter of Remedial Action by:
City of Yakima, Washington
County of Yakima, Washington
TO: R.A. Zais, Jr.
City Manager
Mr. Dave Zabell
Assistant City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Mr. Vern Redifer
Public Services Director
Yakima County
128 North Second Street
Yakima, WA 98902
AGREED ORDER
No. DE 6522
TABLE OF CONTENTS
I. INTRODUCTION 1
II. JURISDICTION 1
III. PARTIES BOUND 1
IV. DEFINITIONS 1
V. FINDINGS OF FACT 2
VI. ECOLOGY DETERMINATIONS 3
VII. WORK TO BE PERFORMED 4
VIII. TERMS AND CONDITIONS OF ORDER 5
A. Public Notice 5
B. Remedial Action Costs 6
C. Implementation of Remedial Action 6
D. Designated Project Coordinators 7
E. Performance 8
F. Access 8
G. Sampling, Data Submittal, and Availability 9
H. Public Participation 9
I. Retention of Records 10
J. Resolution of Disputes 11
K. Extension of Schedule 11
L. Amendment of Order 12
M. Endangerment 13
N. Reservation of Rights 14
O. Transfer of Interest in Property 14
P. Compliance with Applicable Laws 14
Q. Periodic Review 16
R. Indemnification 16
IX. SATISFACTION OF ORDER 16
X. ENFORCEMENT 16
EXHIBIT A
EXHIBIT B
FIGURE 1
FIGURE 2
FIGURE 3
FIGURE 4
FIGURE 5
FIGURE 6
FIGURE 7
LIST OF EXHIBITS
Site Diagram
Data Submittal Requirements
LIST OF FIGURES
UST SITE 4244 TANKS #1 and #1A
UST SITE 4244 TANKS #2, #3, and #4
UST SITE 4337 TANKS #1 through #10
UST SITE 6113 TANK #5
UST SITE 6113 TANK #9
UST SITE 6113 TANKS #14 and #15
UST SITE 11546 TANKS #10, #11, and #12
I. INTRODUCTION
The mutual objective of the State of Washington, Department of Ecology (Ecology) and the City
of Yakima and County of Yakima under this Agreed Order (Order) is to provide for remedial
action at a facility where there has been a release or threatened release of hazardous substances.
This Order requires the City of Yakima and County of Yakima to prepare a remediation plan for
contaminated soil and groundwater conditions at the Yakima, Washington, Airport. Ecology
believes the actions required by this Order are in the public interest.
II. JURISDICTION
This Agreed Order is issued pursuant to the Model Toxics Control Act (MTCA),
RCW 70.105D.050(1).
III. PARTIES BOUND
This Agreed Order shall apply to and be binding upon the Parties to this Order, their successors
and assigns. The undersigned representative of each party hereby certifies that he or she is fully
authorized to enter into this Order and to execute and legally bind such party to comply with this
Order. The City of Yakima and County of Yakima agree to undertake all actions required by the
terms and conditions of this Order. No change in ownership or corporate status shall alter the
City of Yakima and County of Yakima's responsibility under this Order. The City of Yakima
and County of Yakima shall provide a copy of this Order to all agents, contractors, and
subcontractors retained to perform work required by this Order, and shall ensure that all work
undertaken by such agents, contractors, and subcontractors complies with this Order.
IV. DEFINITIONS
Unless otherwise specified herein, the definitions set forth in Chapter 70.105D RCW and
Chapter 173-340 WAC shall control the meanings of the terms in this Order.
A. Site: The Site is referred to as the Yakima Airport and is generally located at 2008, 2300,
2400 West Washington Avenue and 2000 South 16th Avenue in Yakima, Washington.
The Site is defined by the extent of contamination caused by the release of hazardous
substances at the Site. Based upon factors currently known to Ecology, the Site is more
particularly described in the Site Diagram (Exhibit A). The Site constitutes a Facility
under RCW 70.105D.020(4).
B. Parties: Refers to the State of Washington, Department of Ecology, the City of Yakima
and the County of Yakima.
C. Potentially Liable Person (PLP): Refers to the City of Yakima and the County of
Yakima.
Agreed Order No. DE 6522
Page 2 of 17
D. Agreed Order or Order: Refers to this Order and each of the exhibits to this Order. All
exhibits are integral and enforceable parts of this Order. The terms "Agreed Order" or
"Order" shall include all exhibits to this Order.
V. FINDINGS OF FACT
Ecology makes the following findings of fact, without any express or implied admissions of such
facts by the City of Yakima and County of Yakima:
A. The City of Yakima and the County of Yakima jointly own the Yakima Airport.
B. The four Airport underground storage tanks (USTs) site numbers are 4244, 4337, 6113,
and 11546 in the Ecology UST site database. All are located on the Yakima Airport
property. Each UST site number had multiple tanks associated with it.
C. The Yakima Airport `Facility' is defined by the four UST ID numbers 4244, 4337, 6113,
and 11546. These ID numbers identify 28 tanks that were excavated and removed in
1995, 1996, and 1998. When the tanks were excavated and removed, contaminated soil
and groundwater conditions were left in some tank excavations. Exhibit A shows the
general locations of the tanks and the Facility.
D. UST Site Number 4244 had five tanks (#1, #1A, #2, #3, #4) in two locations. All five
tanks were excavated and removed in 1995. Tanks #1 and #1A, shown in Figure 1 were
at one location. A gasoline concentration (9,100 mg/kg) in soil at tank #1 exceeds the
MTCA Method A cleanup level. Diesel concentrations (to 46,000 mg/kg) in soil at tank
#1A exceeds the MTCA Method A cleanup level. No groundwater samples were taken at
this location.
The three tanks at the UST Site number 4244, shown in Figure 2, were #2, #3, and #4.
Diesel concentrations in soil (5,600 mg/kg) and groundwater (1,100 ug/L) were found at
this location. Both soil and groundwater concentrations exceed the MTCA Method A
soil and groundwater cleanup levels.
E. UST Site Number 4337, shown in Figure 3, had ten (10) tanks (#1 through #10) in three
UST Basins located at the McAllister Flying Service area. All 10 tanks were excavated
and removed in 1998. Groundwater in UST Basin location #1 was found to be
contaminated. That location contained tank #10. Groundwater contamination in tank
basin #1 had diesel and benzene concentrations in groundwater exceeding MTCA
Method A cleanup levels at 830 ug/L and 10 ug/L respectively.
F. UST Site Number 6113, shown in Figure 4, had ten tanks (#5, #6, #7, #9, #9A, #9B, #14,
#15, #16, #17) in five UST Basins. These tanks were excavated and removed in 1995
Agreed Order No. DE 6522
Page 3 of 17
and 1996. At the site of tank #5 gasoline was found in groundwater at a concentration of
2,400 ug/L in groundwater exceeding MTCA Method A cleanup level.
A second UST at location 6113, shown in Figure 5, tank #9 had gasoline and
ethylbenzene concentrations in soil, 410 mg/kg and 7 mg/kg respectively, that exceeded
MTCA Method A cleanup levels.
A third and fourth UST at location 6113, shown in Figure 6, tanks #14 and #15 had a
benzene concentration of 0.45 mg/kg in soil exceeding MTCA Method A cleanup level.
No groundwater samples were taken at this location.
G. UST Site Number 11546, shown in Figure 7, had three tanks (#10, #11, #12) in one UST
Basin location. This area was previously leased by Mr. Wayne G. Turner. Mr. Turner
sold the buildings and tanks to the Yakima Air Terminal in late 1991. The three tanks in
this area were excavated and removed in 1995. Diesel concentrations (to 140,000 ug/L)
in groundwater at tanks #10, #11, and #12 was found that exceeded MTCA Method A
cleanup levels.
VI. ECOLOGY DETERMINATIONS
A. The City of Yakima and County of Yakima is an "owner or operator" as defined in RCW
70.105D.020(12) of a "facility" as defined in RCW 70.105D.020(4).
B. Based upon all factors known to Ecology, a "release" or "threatened release" of
"hazardous substance(s)" as defined in RCW 70.105D.020(20) and RCW
70.105D.020(7), respectively, has occurred at the Yakima Airport Site.
C. Based upon credible evidence, Ecology issued a PLP status letter to the City of Yakima
and County of Yakima dated January 18, 2007, pursuant to RCW 70.105D.040, -.020(16)
and WAC 173-340-500. After providing for notice and opportunity for comment,
reviewing any comments submitted, and concluding that credible evidence supported a
finding of potential liability, Ecology issued a determination that the City of Yakima and
County of Yakima are PLPs under RCW 70.105D.040 and notified the City of Yakima
and County of Yakima of this determination by letter dated February 20, 2007.
D. Pursuant to RCW 70.105D.030(1) and -.050(1), Ecology may require the City of Yakima
and County of Yakima to investigate or conduct other remedial actions with respect to
any release or threatened release of hazardous substances, whenever it believes such
action to be in the public interest. Based on the foregoing facts, Ecology believes the
remedial actions required by this Order are in the public interest.
Agreed Order No. DE 6522
Page 4 of 17
VII. WORK TO BE PERFORMED
Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the City of
Yakima and County of Yakima take the following remedial actions at the Site and that these
actions be conducted in accordance with Chapter 173-340 WAC unless otherwise specifically
provided for herein:
A. Plan and conduct a Remedial Investigation/Feasibility Study (RI/FS), consistent with
WAC 173-340-350. The RI/FS shall collect data and information regarding the nature
and extent of contamination at the Site so as to enable the selection of a cleanup action.
1. The City of Yakima and the County of Yakima shall provide to Ecology a draft
RI/FS Work Plan. The draft Work Plan shall include, at a minimum:
a. A history of the site, providing an operational history of UST usage, installation,
and excavation dates, and summarizing what is known to date about the nature
and extent of the contamination from confirmed releases.
b. Implementation of soil sampling and the installation of groundwater monitoring
wells to determine groundwater gradient, confirm both upgradient and
downgradient groundwater conditions, and fully determine the nature and extent
of soil and groundwater contamination at the site. The RI may integrate previous
investigations and sampling and analysis results.
c. A discussion of the site geology and hydrogeology as it relates to the current and
future distribution of contaminants. Include information on public and private
well locations within one half mile of the Site.
2. Prior to any work at the Site, the City of Yakima and the County of Yakima shall
prepare a Sampling and Analysis Plan (SAP) in accordance with WAC 173-340-820
and Ecology's Guidelines for Preparing Quality Assurance Project Plans for
Environmental Studies (February, 2001) for Ecology review and approval. The SAP
shall contain site maps with the proposed number and locations of soil sampling
points and groundwater monitoring wells as well as the other requirements of WAC
173-340-820. All samples must be analyzed for known contaminants present and per
MTCA protocol. No sampling may be conducted prior to Ecology approval of the
SAP. All samples must be analyzed using a laboratory accredited by Ecology.
3. Prior to the commencement of any work at the Site, a Site Health and Safety Plan
shall be submitted to Ecology. The Health and Safety Plan will address potential
exposure pathways for those conducting the investigation in accordance with WAC
173-340-810.
Agreed Order No. DE 6522
Page 5of17
4. Upon completion of the work performed as outlined in the Work Plan, the City of
Yakima and the County of Yakima shall prepare and submit to Ecology three copies
of the RI/FS.
5. After the completion of soil and groundwater sampling, the City of Yakima and
County of Yakima shall conduct a feasibility study (FS) to determine and develop
cleanup action alternatives for the site. A FS will be generated in accordance with the
requirements of WAC 173-340-350(8). At a minimum, the FS must identify cleanup
action alternatives that protect human health and the environment, including
terrestrial ecological receptors, cleanup levels or remediation levels, and points of
compliance. In accordance with WAC 173-340-140(7) and WAC 173-340-350(8)(a)
Ecology shall select the cleanup action.
B. Schedule for completion of the work shall begin on the day of the effective date of this
Order.
• Draft RI Work Plan: within 90 days of the effective date of this Order
• Final RI Work Plan: within 45 days from Ecology review and approval of the draft
RI Work Plan
• Perform RI field work: begin field work within 30 days from Ecology approval of
Final RI Work Plan, and complete field work within 90 days from Ecology
approval of Final RI Work Plan. When approved by Ecology, this RI Work Plan
becomes an integral and enforceable part of this Order
• Draft RI/FS Report submittal: within 60 days of receipt of the final analytical data
• Final RI/FS Report submittal: within 30 days from Ecology comments on the draft
C. Quarterly Progress Reports shall be submitted once fieldwork begins. Progress Reports
shall continue until the submittal of the draft Remedial Investigation/Feasibility Study.
D. If Ecology determines that insufficient progress is being made in the preparation of any
of the deliverables required by this Section, Ecology may complete and issue the final
deliverable and seek to recover costs from the City of Yakima and the County of Yakima.
VIII. TERMS AND CONDITIONS OF ORDER
A. Public Notice
RCW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent
public notice. Ecology shall be responsible for providing such public notice and reserves
the right to modify or withdraw any provisions of this Order should public comment
disclose facts or considerations which indicate to Ecology that this Order is inadequate or
improper in any respect.
Agreed Order No. DE 6522
Page 6 of 17
B. Remedial Action Costs
The City of Yakima and County of Yakima shall pay to Ecology costs incurred by
Ecology pursuant to this Order and consistent with WAC 173-340-550(2). These costs
shall include work performed by Ecology or its contractors for, or on, the Site under
Chapter 70.105D RCW, including remedial actions and Order preparation, negotiation,
oversight, and administration. These costs shall include work performed both prior to
and subsequent to the issuance of this Order. Ecology's costs shall include costs of direct
activities and support costs of direct activities as defined in WAC 173-340-550(2). The
City of Yakima and County of Yakima shall pay the required amount within ninety (90)
days of receiving from Ecology an itemized statement of costs that includes a summary
of costs incurred, an identification of involved staff, and the amount of time spent by
involved staff members on the project. A general statement of work performed will be
provided upon request. Itemized statements shall be prepared quarterly. Pursuant to
WAC 173-340-550(4), failure to pay Ecology's costs within ninety (90) days of receipt of
the itemized statement of costs will result in interest charges at the rate of twelve percent
(12%) per annum, compounded monthly.
Pursuant to RCW 70.105D.055, Ecology has authority to recover unreimbursed remedial
action costs by filing a lien against real property subject to the remedial actions.
C. Implementation of Remedial Action
If Ecology determines that the City of Yakima and County of Yakima has failed without
good cause to implement the remedial action, in whole or in part, Ecology may, after
notice to the City of Yakima and County of Yakima, perform any or all portions of the
remedial action that remain incomplete. If Ecology performs all or portions of the
remedial action because of the City of Yakima and County of Yakima's failure to comply
with its obligations under this Order, the City of Yakima and County of Yakima shall
reimburse Ecology for the costs of doing such work in accordance with Section VIII. B
(Remedial Action Costs), provided that the City of Yakima and County of Yakima is not
obligated under this Section to reimburse Ecology for costs incurred for work
inconsistent with or beyond the scope of this Order.
Except where necessary to abate an emergency situation, the City of Yakima and County
of Yakima shall not perform any remedial actions at the Site outside those remedial
actions required by this Order, unless Ecology concurs, in writing, with such additional
remedial actions.
Agreed Order No. DE 6522
Page 7of17
D. Designated Project Coordinators
The project coordinator for Ecology is:
Mr. Richard Bassett
15 W. Yakima Avenue, Suite 200
Yakima, WA 98902-3452
509/454-7839
(fax) 509/575-2809
e-mail; rbas461@ecy.wa.gov
The project coordinators for the City of Yakima and County of Yakima are:
Mr. Douglas Mayo
City Engineer
City of Yakima
129 North Second Street
Yakima, WA 98902
(509) 576-6678
Email: dmayo@ci.yakima.wa.us
Mr. Vern Redifer
Public Services Director
Yakima County
128 North Second Street
Yakima WA 98902
(509) 574-2300
Email: vern.redifer@co.yakima.wa.us
Each project coordinator shall be responsible for overseeing the implementation of this
Order. Ecology's project coordinator will be Ecology's designated representative for the
Site. To the maximum extent possible, communications between Ecology and the City of
Yakima and County of Yakima, and all documents, including reports, approvals, and
other correspondence concerning the activities performed pursuant to the terms and
conditions of this Order shall be directed through the project coordinators. The project
coordinators may designate, in writing, working level staff contacts for all or portions of
the implementation of the work to be performed required by this Decree.
Any party may change its respective project coordinator. Written notification shall be
given to the other party at least ten (10) calendar days prior to the change.
Agreed Order No. DE 6522
Page 8 of 17
E. Performance
All geologic and hydrogeologic work performed pursuant to this Order shall be under the
supervision and direction of a geologist licensed in the State of Washington or under the
direct supervision of an engineer registered in the State of Washington, except as
otherwise provided for by Chapters 18.220 and 18.43 RCW.
All engineering work performed pursuant to this Order shall be under the direct
supervision of a professional engineer registered in the State of Washington, except as
otherwise provided for by RCW 18.43.130.
All construction work performed pursuant to this Order shall be under the direct
supervision of a professional engineer or a qualified technician under the direct
supervision of a professional engineer. The professional engineer must be registered in
the State of Washington, except as otherwise provided for by RCW 18.43.130.
Any documents submitted containing geologic, hydrologic or engineering work shall be
under the seal of an appropriately licensed professional as required by Chapter 18.220
RCW or RCW 18.43.130.
The City of Yakima and County of Yakima shall notify Ecology in writing of the identity
of any engineer(s) and geologist(s), contractor(s) and subcontractor(s), and others to be
used in carrying out the terms of this Order, in advance of their involvement at the Site.
F. Access
Ecology or any Ecology authorized representative shall have the full authority to enter
and freely move about all property at the Site that the City of Yakima and County of
Yakima either owns, controls, or has access rights to at all reasonable times for the
purposes of, inter alia: inspecting records, operation logs, and contracts related to the
work being performed pursuant to this Order; reviewing the City of Yakima and County
of Yakima's progress in carrying out the terms of this Order; conducting such tests or
collecting such samples as Ecology may deem necessary; using a camera, sound
recording, or other documentary type equipment to record work done pursuant to this
Order; and verifying the data submitted to Ecology by the City of Yakima and County of
Yakima. The City of Yakima and County of Yakima shall make all reasonable efforts to
secure access rights for those properties within the Site not owned or controlled by the
City of Yakima and County of Yakima where remedial activities or investigations will be
performed pursuant to this Order. Ecology or any Ecology authorized representative
shall give reasonable notice before entering any Site property owned or controlled by the
City of Yakima and County of Yakima unless an emergency prevents such notice. All
Parties who access this Site pursuant to this Section shall be subject to compliance with
all rules, regulations and standards of the Transportation Safety Administration (TSA),
Agreed Order No. DE 6522
Page 9 of 17
Federal Aviation Administration (FAA), Homeland Security, the Yakima Air Terminal,
the City and County of Yakima, including all applicable police, fire and public safety
regulations. Ecology employees and their representatives shall not be required to sign
any liability release or waiver as a condition of Site property access.
G. Sampling, Data Submittal, and Availability
With respect to the implementation of this Order, the City of Yakima and County of
Yakima shall make the results of all sampling, laboratory reports, and/or test results
generated by it or on its behalf available to Ecology. Pursuant to WAC 173-340-840(5),
all sampling data shall be submitted to Ecology in both printed and electronic formats in
accordance with Section VII (Work to be Performed), Ecology's Toxics Cleanup Data
Submittal Requirements (see Program Policy 840 in Exhibit B or visit
http://www.ecy.wa.gov/programs/tcp/data_submittal/Data_Requirements.htm), and/or
any subsequent procedures specified by Ecology for data submittal.
If requested by Ecology, the City of Yakima and County of Yakima shall allow Ecology
and/or its authorized representative to take split or duplicate samples of any samples
collected by the City of Yakima and County of Yakima pursuant to implementation of
this Order. The City of Yakima and County of Yakima shall notify Ecology seven (7)
days in advance of any sample collection or work activity at the Site. Ecology shall,
upon request, allow the City of Yakima and County of Yakima and/or its authorized
representative to take split or duplicate samples of any samples collected by Ecology
pursuant to the implementation of this Order, provided that doing so does not interfere
with Ecology's sampling. Without limitation on Ecology's rights under Section VIII. F
(Access), Ecology shall notify the City of Yakima and County of Yakima prior to any
sample collection activity unless an emergency prevents such notice.
In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be
conducted by a laboratory accredited under Chapter 173-50 WAC for the specific
analyses to be conducted, unless otherwise approved by Ecology.
Any structures installed for purposes of monitoring or the collection of other data must
meet all Air Terminal safety standards and in any event, those exceeding three (3) inches
in height require mounting on a frangible base.
H. Public Participation
A Public Participation Plan is required for this Site. The City of Yakima and County of
Yakima will develop an acceptable Public Participation Plan for Ecology's review and
approval.
Agreed Order No. DE 6522
Page 10 of 17
Ecology shall maintain the responsibility for public participation at the Site. However,
the City of Yakima and County of Yakima shall cooperate with Ecology, and shall:
1. If agreed to by Ecology, develop appropriate mailing list, prepare drafts of public
notices and fact sheets at important stages of the remedial action, such as the
submission of work plans, remedial investigation/feasibility study reports, cleanup
action plans, and engineering design reports. As appropriate, Ecology will edit,
finalize, and distribute such fact sheets and prepare and distribute public notices of
Ecology's presentations and meetings.
2. Notify Ecology's project coordinator prior to the preparation of all press releases and
fact sheets, and before major meetings with the interested public and local
governments. Likewise, Ecology shall notify the City of Yakima and County of
Yakima prior to the issuance of all press releases and fact sheets, and before major
meetings with the interested public and local governments. For all press releases, fact
sheets, meetings, and other outreach efforts by the City of Yakima and County of
Yakima that do not receive prior Ecology approval, the City of Yakima and County
of Yakima shall clearly indicate to its audience that the press release, fact sheet,
meeting, or other outreach effort was not sponsored or endorsed by Ecology.
3. When requested by Ecology, participate in public presentations on the progress of the
remedial action at the Site. Participation may be through attendance at public
meetings to assist in answering questions or as a presenter.
4. When requested by Ecology, arrange and/or continue information repositories to be
located at the following locations:
a. Yakima Valley Regional Library
102 North 3rd Street
Yakima, WA 98901
b. Ecology's Central Regional Office
15 W. Yakima Avenue, Suite 200
Yakima, WA 98902
At a minimum, copies of all public notices, fact sheets, and press releases; all quality
assured monitoring data; remedial action plans and reports, supplemental remedial
planning documents, and all other similar documents relating to performance of the
remedial action required by this Order shall be promptly placed in these repositories.
I. Retention of Records
During the pendency of this Order, and for ten (10) years from the date of completion of
work performed pursuant to this Order, the City of Yakima and County of Yakima shall
preserve all records, reports, documents, and underlying data in its possession relevant to
the implementation of this Order and shall insert a similar record retention requirement
into all contracts with project contractors and subcontractors. Upon request of Ecology,
Agreed Order No. DE 6522
Page 11 of 17
the City of Yakima and County of Yakima shall make all records available to Ecology
and allow access for review within a reasonable time.
J. Resolution of Disputes
1. In the event a dispute arises as to an approval, disapproval, proposed change, or other
decision or action by Ecology's project coordinator, or an itemized billing statement
under Section VIII. B (Remedial Action Costs), the Parties shall utilize the dispute
resolution procedure set forth below.
a. Upon receipt of Ecology's project coordinator's written decision or the itemized
billing statement, the City of Yakima and County of Yakima has fourteen (14)
days within which to notify Ecology's project coordinator in writing of its
objection to the decision or itemized statement.
b. The Parties' project coordinators shall then confer in an effort to resolve the
dispute. If the project coordinators cannot resolve the dispute within fourteen
(14) days, Ecology's project coordinator shall issue a written decision.
c. The City of Yakima and County of Yakima may then request regional
management review of the decision. This request shall be submitted in writing to
the Central Region Toxics Cleanup Section Manager within seven (7) days of
receipt of Ecology's project coordinator's written decision.
d. The Section Manager shall conduct a review of the dispute and shall endeavor to
issue a written decision regarding the dispute within thirty (30) days of the City of
Yakima and County of Yakima's request for review. The Section Manager's
decision shall be Ecology's final decision on the disputed matter.
2. The Parties agree to only utilize the dispute resolution process in good faith and agree
to expedite, to the extent possible, the dispute resolution process whenever it is used.
3. Implementation of these dispute resolution procedures shall not provide a basis for
delay of any activities required in this Order, unless Ecology agrees in writing to a
schedule extension.
K. Extension of Schedule
1. An extension of schedule shall be granted only when a request for an extension is
submitted in a timely fashion, generally at least thirty (30) days prior to expiration of
the deadline for which the extension is requested, and good cause exists for granting
the extension. All extensions shall be requested in writing. The request shall specify:
a. The deadline that is sought to be extended;
b. The length of the extension sought;
Agreed Order No. DE 6522
Page 12 of 17
c. The reason(s) for the extension; and
d. Any related deadline or schedule that would be affected if the extension were
granted.
2. The burden shall be on the City of Yakima and County of Yakima to demonstrate to
the satisfaction of Ecology that the request for such extension has been submitted in a
timely fashion and that good cause exists for granting the extension. Good cause may
include, but may not be limited to:
a. Circumstances beyond the reasonable control and despite the due diligence of the
City of Yakima and County of Yakima including delays caused by unrelated third
parties or Ecology, such as (but not limited to) delays by Ecology in reviewing,
approving, or modifying documents submitted by the City of Yakima and County
of Yakima;
b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other
unavoidable casualty; or
c. Endangerment as described in Section VIII. M (Endangerment).
However, neither increased costs of performance of the terms of this Order nor
changed economic circumstances shall be considered circumstances beyond the
reasonable control of the City and County of Yakima.
3. Ecology shall act upon any written request for extension in a timely fashion. Ecology
shall give the City of Yakima and County of Yakima written notification of any
extensions granted pursuant to this Order. A requested extension shall not be
effective until approved by Ecology. Unless the extension is a substantial change, it
shall not be necessary to amend this Order pursuant to Section VIII. L (Amendment
of Order) when a schedule extension is granted.
4. An extension shall only be granted for such period of time as Ecology determines is
reasonable under the circumstances. Ecology may grant schedule extensions
exceeding ninety (90) days only as a result of:
a. Delays in the issuance of a necessary permit which was applied for in a timely
manner;
b. Other circumstances deemed exceptional or extraordinary by Ecology; or
c. Endangerment as described in Section VIII. M (Endangerment).
L. Amendment of Order
The project coordinators may verbally agree to minor changes to the work to be
performed without formally amending this Order. Minor changes will be documented in
writing by Ecology within seven (7) days of verbal agreement.
Agreed Order No. DE 6522
Page 13 of 17
Except as provided in Section VIII. N (Reservation of Rights), substantial changes to the
work to be performed shall require formal amendment of this Order. This Order may
only be formally amended by the written consent of both Ecology and the City of Yakima
and County of Yakima. The City of Yakima and County of Yakima shall submit a
written request for amendment to Ecology for approval. Ecology shall indicate its
approval or disapproval in writing and in a timely manner after the written request for
amendment is received. If the amendment to this Order represents a substantial change,
Ecology will provide public notice and opportunity to comment. Reasons for the
disapproval of a proposed amendment to this Order shall be stated in writing. If Ecology
does not agree to a proposed amendment, the disagreement may be addressed through the
dispute resolution procedures described in Section VIII. J (Resolution of Disputes).
M. Endangerment
In the event Ecology determines that any activity being performed at the Site is creating
or has the potential to create a danger to human health or the environment on or
surrounding the Site, Ecology may direct the City of Yakima and County of Yakima to
cease such activities for such period of time as it deems necessary to abate the danger.
The City of Yakima and County of Yakima shall immediately comply with such
direction.
In the event the City of Yakima and County of Yakima determines that any activity being
performed at the Site is creating or has the potential to create a danger to human health or
the environment, the City of Yakima and County of Yakima may cease such activities.
The City of Yakima and County of Yakima shall notify Ecology's project coordinator as
soon as possible, but no later than twenty-four (24) hours after making such
determination or ceasing such activities. Upon Ecology's direction the City of Yakima
and County of Yakima shall provide Ecology with documentation of the basis for the
determination or cessation of such activities. If Ecology disagrees with the City of
Yakima and County of Yakima's cessation of activities, it may direct the City of Yakima
and County of Yakima to resume such activities.
If Ecology concurs with or orders a work stoppage pursuant to Section VIII M
(Endangerment), the City of Yakima and County of Yakima's obligations with respect to
the ceased activities shall be suspended until Ecology determines the danger is abated,
and the time for performance of such activities, as well as the time for any other work
dependent upon such activities, shall be extended in accordance with Section VIII. K
(Extension of Schedule) for such period of time as Ecology determines is reasonable
under the circumstances.
Nothing in this Order shall limit the authority of Ecology, its employees, agents, or
contractors to take or require appropriate action in the event of an emergency.
Agreed Order No. DE 6522
Page 14of17
N. Reservation of Rights
This Order is not a settlement under Chapter 70.105D RCW. Ecology's signature on this
Order in no way constitutes a covenant not to sue or a compromise of any of Ecology's
rights or authority. Ecology will not, however, bring an action against the City of
Yakima and County of Yakima to recover remedial action costs paid to and received by
Ecology under this Order. In addition, Ecology will not take additional enforcement
actions against the City of Yakima and County of Yakima regarding remedial actions
required by this Order, provided the City of Yakima and County of Yakima complies
with this Order.
Ecology nevertheless reserves its rights under Chapter 70.105D RCW, including the right
to require additional or different remedial actions at the Site should it deem such actions
necessary to protect human health and the environment, and to issue orders requiring
such remedial actions. Ecology also reserves all rights regarding the injury to,
destruction of, or loss of natural resources resulting from the release or threatened release
of hazardous substances at the Site.
O. Transfer of Interest in Property
No voluntary conveyance or relinquishment of title, easement, leasehold, or other interest
in any portion of the Site shall be consummated by the City of Yakima and County of
Yakima without provision for continued implementation of all requirements of this Order
and implementation of any remedial actions found to be necessary as a result of this
Order.
Prior to the City of Yakima and County of Yakima's transfer of any interest in all or any
portion of the Site, and during the effective period of this Order, the City of Yakima and
County of Yakima shall provide a copy of this Order to any prospective purchaser, lessee,
transferee, assignee, or other successor in said interest; and, at least thirty (30) days prior
to any transfer, the City of Yakima and County of Yakima shall notify Ecology of said
transfer. Upon transfer of any interest, the City of Yakima and County of Yakima shall
restrict uses and activities to those consistent with this Order and notify all transferees of
the restrictions on the use of the property.
P. Compliance with Applicable Laws
1. All actions carried out by the City of Yakima and County of Yakima pursuant to this
Order shall be done in accordance with all applicable federal, state, and local
requirements, including requirements to obtain necessary permits, except as provided
in RCW 70.105D.090. At this time, no federal or state requirements have been
identified as being applicable to the actions required by this Order. Local
Agreed Order No. DE 6522
Page 15 of 17
requirements will be identified and implemented by the City of Yakima and the
County of Yakima.
2. Pursuant to RCW 70.105D.090(1), the City of Yakima and County of Yakima is
exempt from the procedural requirements of Chapters 70.94, 70.95, 70.105, 77.55,
90.48, and 90.58 RCW and of any laws requiring or authorizing local government
permits or approvals. However, the City of Yakima and County of Yakima shall
comply with the substantive requirements of such permits or approvals. At this time,
no state or local permits or approvals have been identified as being applicable but
procedurally exempt under this Section.
The City of Yakima and County of Yakima has a continuing obligation to determine
whether additional permits or approvals addressed in RCW 70.105D.090(1) would
otherwise be required for the remedial action under this Order. In the event either
Ecology or the City of Yakima and County of Yakima determines that additional
permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required
for the remedial action under this Order, it shall promptly notify the other party of its
determination. Ecology shall determine whether Ecology or the City of Yakima and
County of Yakima shall be responsible to contact the appropriate state and/or local
agencies. If Ecology so requires, the City of Yakima and County of Yakima shall
promptly consult with the appropriate state and/or local agencies and provide Ecology
with written documentation from those agencies of the substantive requirements those
agencies believe are applicable to the remedial action. Ecology shall make the final
determination on the additional substantive requirements that must be met by the City
of Yakima and County of Yakima and on how the City of Yakima and County of
Yakima must meet those requirements. Ecology shall inform the City of Yakima and
County of Yakima in writing of these requirements. Once established by Ecology,
the additional requirements shall be enforceable requirements of this Order. The City
of Yakima and County of Yakima shall not begin or continue the remedial action
potentially subject to the additional requirements until Ecology makes its final
determination.
3. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the
exemption from complying with the procedural requirements of the laws referenced
in RCW 70.105D.090(1) would result in the loss of approval from a federal agency
that is necessary for the State to administer any federal law, the exemption shall not
apply and the City of Yakima and County of Yakima shall comply with both the
procedural and substantive requirements of the laws referenced in RCW
70.105D.090(1), including any requirements to obtain permits.
Agreed Order No. DE 6522
Page 16 of 17
Q.
Periodic Review
As remedial action, including groundwater monitoring, continues at the Site, the Parties
agree to review the progress of remedial action at the Site, and to review the data
accumulated as a result of monitoring the Site as often as is necessary and appropriate
under the circumstances. At least every five (5) years after the initiation of cleanup
action at the Site the Parties shall meet to discuss the status of the Site and the need, if
any, for further remedial action at the Site. Ecology reserves the right to require further
remedial action at the Site under appropriate circumstances. This provision shall remain
in effect for the duration of this Order.
R. Indemnification
The City of Yakima and County of Yakima agree, to the extent allowed by law, to
indemnify and save and hold the State of Washington, its employees, and agents harmless
from any and all claims or causes of action for death or injuries to persons or for loss or
damage to property to the extent arising from or on account of acts or omissions of the
City of Yakima and County of Yakima, its officers, employees, agents, or contractors in
entering into and implementing this Order. However, the City of Yakima and County of
Yakima shall not indemnify the State of Washington nor save nor hold its employees and
agents harmless from any claims or causes of action to the extent arising out of the
negligent acts or omissions of the State of Washington, or the employees or agents of the
State, in entering into or implementing this Order.
IX. SATISFACTION OF ORDER
The provisions of this Order shall be deemed satisfied upon the City of Yakima and County of
Yakima's receipt of written notification from Ecology that the City of Yakima and County of
Yakima has completed the remedial activity required by this Order, as amended by any
modifications, and that the City of Yakima and County of Yakima has complied with all other
provisions of this Agreed Order.
X. ENFORCEMENT
Pursuant to RCW 70.105D.050, this Order may be enforced as follows:
A. The Attorney General may bring an action to enforce this Order in a state or federal
court.
B. The Attorney General may seek, by filing an action, if necessary, to recover amounts
spent by Ecology for investigative and remedial actions and orders related to the Site.
C. In the event the City of Yakima and County of Yakima refuses, without sufficient cause,
to comply with any term of this Order, the City of Yakima and County of Yakima will be
liable for:
Agreed Order No. DE 6522
Page 17 of 17
1. Up to three (3) times the amount of any costs incurred by the State of Washington as
a result of its refusal to comply; and
2. Civil penalties of up to twenty-five thousand dollars ($25,000) per day for each day it
refuses to comply.
D. This Order is not appealable to the Washington Pollution Control Hearings Board. This
Order may be reviewed only as provided under RCW 70.105D.060.
Effective date of this Order:
CITY OF YAKIMA
R.A. Zais, Jr.
City Manager
129 North Second Street
Yakima WA 98901
(509) 575-6040
YAKIMA COUNTY
J. Rand Elliott
Chairman, Board of County Commissioners
128 North Second Street
Yakima WA 98901
(509) 574-1500
APPROVED AS TO FORM
Lawrence Watters
Senior Assistant City Attorney
200 South Third Street
Yakima WA 98901
Date
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY
Don Abbott
Regional Manager
Toxics Cleanup Program
15 W. Yakima Avenue
Yakima, WA 98901
(509) 575-2490
Terry Austin
Corporate Counsel, Yakima County
128 North Second Street
Yakima WA 98901
Date
Sample No.
205 -1 -$ase
Tank
Dispenser 0S -1-N
Tank Area
1B & 1C
(Not Removed)
Concrete Pad
:��.i!JiJ�•:fJ.Y�':l--iJ96J�:Jrn':JJ-�;... ..-.� ��9.5�.ft•1
Tank 1A
Samplel No.
205 -IA -B
205 -1A -E
00
1 Spount
205-1-W
/,
205-1-S
205-1-E Vent Lines 113 & IC
Vent Line Tank 1
Metal Building
SCALE
1
0
16
32
1
1
GN NORTHERN, INC.
Job No. 195-205
SITE MAP
Tanks 1 & la (Maintenance Shop)
Yakima International Airport
DATE
7-20-95
FIGURE #1
GN NORTHERN, INC.
Job No. 195-205
SITE, MAP
Tanks 2, 3 & 4 (Mountain Oil Tanks)
Yakima International Airport
DATE:
7-20-95
— .
FIGURE #2
McAllister Flying Service, Ya �,..�, WA
Cub
Crafters
Pumps
McAllister
Flying Service
Building
0•n n (I it
11 11 11 11
n 11
- j ----UST Basin #1
Concrete Slab
Tank #10
Tank #1
Tank #2
Tank #3
Tank #4
Tank #5
Concrete Slab—
Product Piping
Remote
Dispensers
Nozzles
Tank #6
NorthDirection
— —etai
Lin
J 1-
I L1
/ \--Tank #8
Tank #7
UST Basin #2
UST Basin #3
Tank #9=
r ---
I
Wood Building
L.
r
50'
25'
0'
50'
100'
Approximate Graphic Scale (In Feet)
FIGURE #3 UST System Layout
Closure Site Assessment/Limited Independent Remedial Action Report, November, 1998
Page 5
Approximate Perimeter of
Tank Excavation (Connects
to the East with Tank 6 Excavation)
GN NORTHERN, INC.
Job No. 195-205
SITE MAP
Tank 5 (Republic Air Tanks)
Yakima International Airport
DATE:
7-20-95
FIGURE #4
GN NORTHERN, INC.
Job No. 195-205
SITE MAP
Tanks 9 & 9A (Richardson Air Tanks)
Yakima International Airport
DATE:
7-20-95
FIGURE #5
C
Fence
205-14W@7'
Entrance
Gate
205-14@6'
Fire Station
Vent Pipes/
Fill Spout \ Fill Spout
Corner of
Fire Station
SCALE
ence
205-15S@6'
0
GN NORTHERN, INC.
Job No. 195-205
8
16
Perimeter of Excavation
N
1
SITE MAP
Tanks 14 & 15 (City Fire Dept. Tanks)
Yakima International Airport
DATE:
7-20-95
FIGURE #6
TED'S
FLIGHT
HANGAR
CUSTOMS I7 FLIGHT:OFFICE.BLDG:
205 10-W
205-11-S
10 -11 -12 -GW
10,11,12 -DI -W
SCALE
0
16
32
10,11,12 -DI -S
GN NORTHERN, INC.
Job No. 195-205
SITE `tAP
Tanks 10, 11 & 12 clnterwest Tanks)
Yakima Lite^atonal Airport
DATE:
7-20-95
FIGURE #7
UST SITE #4244
Tank Area 2
DE HOLLOW CREEK
3, & 41
UST SITE #6113
Tank Area 5 & 61
UST SITE #61131 'Tank Area 10, 1 1 & 12/
'Tank Area 71
UST SITE #11546
1"
UST SITE #43371
EEK -
[atedUST SITE #6113,
_ 'Tank Area
UST SITE #6113
DATE:
7-20-95
EXHIBIT A
Policy 840 DataSubmittal Requirements
submitter. These reports generally should not be reviewed until that information is provided. The
assistant attorney general assigned to the site should be consulted in these situations
3. Opinions on Independent Remedial Actions Submitted for Review Under Ecology's
Voluntary Cleanup Program Shall Not Be Issued Until Sampling Data Have Been
Submitted in Compliance with this Policy.
Ecology will not issue No Further Action (NFA) opinions under the Voluntary Cleanup Program if
environmental sampling data have not been submitted in the required Environmental Information
Management System (EIM) format. To avoid unreasonable delays, sampling data should be submitted in
the required EIM format along with the cleanup report.
4. Grants, Contracts, Interagency Agreements or Memoranda of Understanding Issued
After the Effective Date of this Policy Shall Include a Condition that Site -Specific Data
Be Submitted in Compliance with this Policy.
Reports on such work shall not be accepted as complete until the data have been submitted in
compliance with this policy If a payment or transfer of funds is involved in the transaction, the
relevant payment or transfer shall be withheld until this requirement has been met,
Example language to include in these documents is attached in Appendix A.
5. Data Generated During Upland Investigations and Cleanups Shall Be Submitted
Electronically Using Ecology's Environmental Information Management System (EIM).
EIM is Ecology's main database for environmental monitoring data. Proper submission of data
through this system meets the requirement of submitting such data in an electronic format. Electronic
data shall be submitted to Ecology simultaneously with the accompanying printed report.
Additional information on EIM, including instructions for data submittal, can be found on Ecology's
EIM web site at http://www.ecv.wa.gov/eim/. Ioxic Cleanup Program's (ICP) EIM Coordinator also
is available for technical assistance to site managers and consultants using EIM
6. Data Generated During Sediment Investigations and Cleanups Shall Be Submitted
Electronically Using Ecology's Environmental Information Management System (EIM).
Effective March 1, 2008, EIM is Ecology's data management system for sediment -related data. -
Proper submission of data through this system meets the requirement of submitting such data in an
electronic format, Electronic data should be submitted to Ecology simultaneously with the
accompanying printed report
SEDQUAL was Ecology's data management system for sediment -related data. For a limited time,
Ecology will accept electronic data in SEDQUAL format if' the approved Sampling and Analysis Plan
requires data submittal in that format. Beginning September 1, 2008, data submitters must contact
the site manager to obtain approval to submit electronic data in SEDQUAL format.
Revised. March 31, 2008 Page 2 of 4
Policy 840 Data Submittal Requirements
Additional information on EIM, including instructions for data submittal, can be found on Ecology's
EIM web site at http://www.ecy.wa.gov/eim/ Toxic Cleanup Program's (ICP) EIM Coordinator also
is available for technical assistance to site managers and consultants using EIM.
Fox additional information on sediment sampling and analysis plan requirements, see Ecology
publication 03-09-043 "Sediment Sampling and Analysis Plan Appendix", February, 2008. A copy
of this document can be obtained from Ecology's publication office 01 downloaded from the
following web site: http://www.ecy.wa.gov/biblio/0309043.html
TCP's EIM Aquatic Land Cleanup Unit (ALCU) Sediment Data Cootdinator is also available for
technical assistance
7. Data Submitted Electronically Using EIM Shall be Checked by the Toxics Cleanup
Program's (TCP) EIM Coordinator Prior to Loading the Data into EIM.
Normally; notice that data have been submitted through EIM will come to TCP's EIM Coordinator
Upon receipt of such a notice the EIM Coordinator should notify the site manager Similarly, if the
Ecology site manager receives a notice of an EIM submittal, they should notify TCP's EIM
Coordinator. Upon receipt of the data, ICP's EIM Coordinator reviews the submittal for quality
control and officially loads the data into the system..
App. oved.
4.4
Tames .I Pendowski, Program Manager
Ioxics Cleanup Program
Policy Disclaimer: This policy is intended solely for the guidance of Ecology staff. It is not intended,
and cannot be relied on, to create tights, substantive or procedural, enforceable by any patty in litigation
with the state of Washington. Ecology may act at variance with this policy depending on site-specific
circumstances, or modify or withdraw this policy at any time
Page 3 of 4 Revised • March 21, 2008
Policy 840 Data Submittal Requirements
APPENDIX A: MODEL GRANT AND PERMIT CONDITION
the following condition is to be inserted in permits, grants, loans, contracts, interagency agreements,
memorandum of understandings where site-specific environmental monitoring data is expected to be
generated:
All sampling data shall be submitted to Ecology in both painted and electronic formats in
accordance with WAC 173-340-840(5) and Ecology Ioxics Cleanup Program Policy 840: Data Submittal
Requirements. Electronic submittal of data is not required for site hazard assessments that result in no
further action and initial site investigations. (FOR GRANTS & CONTRAChS ADD: Failure to properly
submit sampling data will result in Ecology withholding payment and could jeopardize future grant
funding.)
Revised March 31, 2008 Page 4 of 4
Page 1 of 1
Moore, Debbie
From: Zais, Dick
Sent: Monday, July 13, 2009 8:19 PM
To: DeBord, Rita; Moore, Debbie
Subject: FW: Certificate of Liability Insurance re Agreement with Landau Associates, Inc.
Importance: High
Attachments: Final Certificate of Liability Insurance for Landau Associates, Inc. received 7-10-2009.pdf;
Executed Final Professional Services Agreement with Landau Associates.pdf
For your records and Files.
Dick
From: Harvey, Helen
Sent: Friday, July 10, 2009 2:38 PM
To: Zais, Dick
Cc: Watters, Lawrence; Bradford, Brandy
Subject: Certificate of Liability Insurance re Agreement with Landau Associates, Inc.
Dick:
Thank you for forwarding for review the Certificate of Liability Insurance regarding Landau Associates on July 8th.
The Certificate has been corrected and is now acceptable and is consistent with the requirements of the
Professional Services Agreement with Landau. The corrected Certificate is attached above.
The following changes were made:
1. The wording listing the City under "description of operations" was corrected and expanded.
2. Yakima County also has been added as Landau's work relates to the Airport, per Lare.
3. The amount for the aggregate for Professional Liability has been increased to $2 million rather than
$1 million to correspond with the requirements of the Agreement with Landau Associates.
I will send a copy of the attached final Certificate to Terry Austin at Yakima County.
Thank you for referring this matter to us.
Helen
Privileged & Confidential: Covered by the Attorney -Client & Attorney Work Product Privileges.
Helen A. Harvey
Senior Assistant City Attorney
City of Yakima Legal Department
200 South Third Street
Yakima, Wa 98901-2830
(509) 576-6324 or 575-6030
(509) 575-6160 (Fax)
7/14/2009
LAN38241
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE(MM/DO/YYYY)
7/10/2009
PRODUCER Commercial Lines - (206) 701-5000 -CAL# 0531007
Wells Fargo Insurance Services Northwest Inc.
P.O. Box 91143
Seattle, WA 98111-9243
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED Landau Associates, Inc.
Mr. Dennis Hobbs
130 2nd Avenue S
Edmonds, WA 98020-9129
INSURER A: Phoenix Insurance Company
25623
INSURER a: Lexington Insurance Company
19437
INSURER C:
6802587L716
INSURER 0:
07/01/10EACH
INSURER E.
S 1,000,000
NOV
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
4001.
NSRC
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE IMM/DD/YY1
POUCY EXPIRATION
DATE IMMIDD/YYI
LIMITS
A
GENERAL
X
LIABILITY
COMMERCIAL GENERAL LIABILITY
6802587L716
07/01/09
07/01/10EACH
OCCURRENCE
S 1,000,000
PRMFM SFS (EaENTED occccurrrrence)
$ 1,000,000
CLAIMS MADE X OCCUR
MW EXP (Any one person)
$ 10,000
X
WA Stop Gap
PERSONAL d ADV INJURY
S 1000,000
GENERAL AGGREGATE
$ 2.000,000
GEN1. AGGREGATE LIMIT APPLIES PER:
7P0LICYnJll!f PI Loc
PRODUCTS - COMP/OP AGG
S 2000,000
A
AUTOMOBILE
X
_
-
X
X
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
BA2590L352
R F C E I
07/01/09
V C D
07/01/10
COMBINED SINGLE LIMIT
(Ea ecddere)
$ 1,000,000
BODILY INJURY
(Per person)
S
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE
UABIUTY
ANY AUTO
J U L 1 0
1009
AUTO ONLY - EA ACCIDENT
$
OTHER THAN EA ACC
$
AUTO ONLY AGG
S
EXCESS/UMBRELLA
LIABILITY
OCCUR CLAIMS MADE
DEDUCTIBLE
RETENTION 5
C i TY LEGAL
DEPT .
EACH OCCURRENCE
$
AGGREGATE
5
$
S
S
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
0es. describe under
SPECIAL. PROVISIONS below
1 TOWC RY I MITS • IFR
E.L. EACH ACCIDENT
5
E.L. DISEASE - EA EMPLOYEE
5
E.L. DISEASE - POLICY LIMIT
$
B
OTHER
Professional Liability
007880214
12/31/08
12/31/09
51.000.000. Per Claim / S2.000.000. Aggregate
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
CA T4 20 07 08,CG D3 79 09 07,CGD381 09 06,CG DO 37 04 05 PROFESSIONAL SERVICES AGREEMENT
THE CITY OF YAKIMA, THE YAKIMA COUNTY, THEIR AGENTS, EMPLOYEES, ELECTED AND APPOINTED OFFICIALS AND AUTHORIZED
VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSUREDS UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS RESPECTS THEIR
INTERESTS IN THE INSURED OPERATIONS OF THE NAMED INSURED PER THE ATTACHED ENDORSEMENTS. DJT
CERTIFICATE HOLDER
CANCELLATION 1 en Day Notice Tor Non-raymen
City of Yakima
Attn: Richard Zais
129 Nortgh Second Street
Yakima, WA 98901
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL 4S DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08) 1 of 2 666544
(This certificate replaces certificate# 616074 issued on 6/25/2009)
O ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
RECEIVED
JUL 1 0 2009
CITY LEGAL DEPT.
ACORD 25-S (2001108) 2 of 2
#S915260/M915043
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
OTHER INSURANCE - ADDITIONAL INSUREDS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PROVISIONS
COMMERCIAL GENERAL LIABILITY CONDITIONS
(Section IV), Paragraph 4. (Other Insurance), is
amended as follows:
1. The following is added to Paragraph a. Primary
Insurance:
However, if you specifically agree in a written con-
tract or written agreement that the insurance pro-
vided to an additional insured under this
Coverage Part must apply on a primary basis. or
a primary and non-contributory basis, this Insur-
ance is primary to other insurance that is avail-
able to such additional insured which covers such
additional insured as a named insured, and we
will not share with that other Insurance, provided
that:
a. The "bodily injury" or "property damage" for
which coverage is sought occurs; and
b. The "personal injury" or "advertising injury" for
which coverage is sought arises out of an of-
fense committed
subsequent to the signing and execution of that
contract or agreement by you.
2. The first Subparagraph (2) of Paragraph b. Ex-
cess Insurance regarding any other primary in-
surance available to you is deleted.
3. The following is added to Paragraph b. Excess
Insurance, as an additionel subparagraph under
Subparagraph (1):
That Is available to the insured when the insured
is added as an additional Insured under any other
policy, Including any umbrella or excess policy.
RECEIVED
JUL 1 0 2009
CITY LEGAL DEPT,
CG DO 37 04 05 Copyright 2005 The St. Paul Travelers Companies, Inc. All rights reserved.
Page 1 of 1
COMMERCIAL AUTO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AUTO COVERAGE PLUS ENDORSEMENT
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
With respect to coverage provided by this endorse-
ment, the provisions of the Coverage Form apply
unless modified by the endorsement.
A. PERSONAL EFFECTS COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions Is
amended by adding the following:
Personal Effects Coverage
We will pay up to $400 for "loss" to wearing ap-
parel and other personal effects which are:
(1) owned by an "insured"; and
(2) in or on your covered "auto";
in the event of a total theft "loss" of your covered
"auto".
No deductibles apply to Personal Effects Cover-
age.
B. AUTO LOAN LEASE GAP COVERAGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions is
amended by adding the following:
Auto Loan Lease Gap Coverage for Private
Passenger Type Vehicles
In the event of a total loss" to a covered "auto" of
the private passenger type shown in the Schedule
or Declarations for which Physical Damage Cov-
erage is provided, we will pay any unpaid amount
due on the lease or loan for such covered "auto"
less the following:
(1) The amount paid under the Physical Damage
Coverage Section of the policy for that "auto";
and
(2) Any:
(a) Overdue lease/loan payments at the time
of the loss";
(b) Financial penalties imposed under a
lease for excessive use, abnormal wear
and tear or high mileage;
(c) Security deposits not returned by the les-
sor;
C.
D.
E.
(d) Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or
lease; and
(e) Carry-over balances from previous loans
or leases.
COVERAGE EXTENSION — AUDIO, VISUAL
AND DATA ELECTRONIC EQUIPMENT NOT
DESIGNED SOLELY FOR THE PRODUCTION
OF SOUND
SECTION 111 — PHYSICAL DAMAGE COVER-
AGE, B. Exclusions, exception paragraph a. to
exclusions 4.c & 4.d is deleted and replaced with
the following:
a. Equipment and accessories used with such
equipment, except tapes, records or discs,
provided such equipment is permanently in-
stalled in the covered "auto" at the time of the
"loss" or is removable from a housing unit
which is permanently installed in the covered
"auto" at the time of the "loss", and such
equipment is designed to be solely operated
by use of the power from the "auto's" electri-
cal system, in or upon the covered "auto"; or
WAIVER OF DEDUCTIBLE — GLASS
SECTION 111 — PHYSICAL DAMAGE COVER-
AGE, D. Deductible is amended by adding the
following:
No deductible for a covered "auto" will apply to
glass damage if the glass Is repaired rather than
replaced,
HIRED AUTO PHYSICAL DAMAGE COVER-
AGE
SECTION III — PHYSICAL DAMAGE COVER-
AGE, A. Coverage, 4. Coverage Extensions Is
amended by adding the following:
Hired Auto Physical Damage Coverage Exten-
sion
If hired "autos" are covered "autos" for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned "auto", then the
CA T4 20 07 08 Includes the copyrighted material of insurance Services Office, Inc. with its permission. Page 1 of 2
Includes the copyrighted material of The St. Paul Travelers Companies, Inc.
COMMERCIAL AUTO
Physical Damage Coverage is extended to
"autos" that you hire, rent or borrow subject to the
following:
(1) The most we will pay for "loss" in any one
"accident" to a hired, rented or borrowed
"auto" is the lesser of:
(a) $50,000;
(b) The actual cash value of the dam-
aged or stolen property as of the time
of the "loss"; or
(c) The cost of repairing or replacing the
damaged or stolen property with
other property of like kind and quality.
(2) An adjustment for depreciation and
physical condition will be made in deter-
mining actual cash value in the event of a
total "loss".
If a repair or replacement results in better
than like kind or quality, we will not pay
for the amount of betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any
owned covered "auto".
(5) This Coverage Extension does not apply
to:
(a) Any "auto" that is hired, rented or bor-
rowed with a driver, or
(b) Any "auto" that is hired, rented or bor-
rowed from your "employee".
F. BLANKET WAIVER OF SUBROGATION
SECTION IV — BUSINESS AUTO CONDITIONS,
A. Loss Conditions, 5. Transfer Of Rights Of
Recovery Against Others To Us is deleted and
replaced by the following:
5. Transfer Of Rights Of Recovery Against
Others To Us
We waive any right of recovery we may have
against any person or organization to the ex -
(3)
tent required of you by a written contract exe-
cuted prior to any °accident" or "loss", pro-
vided that the 'accident" or "loss" arises out of
the operations contemplated by such con-
tract. The waiver applies only to the person or
organization designated in such contract.
G. BLANKET ADDITIONAL INSURED
SECTION II — UABILITY COVERAGE, part A. 1.
Who Is An Insured, paragraph c. is amended by
adding the following:
Any person or organization that you are required
to include as an additional insured on this Cover-
age Form in a written contract or agreement that
is signed and executed by you before the "bodily
injury" or "property damage" occurs and that is in
effect during the policy period is an "insured" for
Liability Coverage, but only for damages to which
this insurance applies and only to the extent that
person or organization qualifies as an °insured"
under the Who Is An Insured provision contained
in Section II.
H. EMPLOYEE HIRED AUTOS
SECTION II — LIABILITY COVERAGE, A. Cov-
erage, 1. Who Is An Insured is amended by add-
ing the following:
An "employee" of yours is an "insured" while op-
erating an "auto° hired or rented under a contract
or agreement in that "employee's" name, with
your permission, while performing duties related
to the conduct of your business.
I. COVERAGE EXTENSION — TRAILERS
SECTION I — COVERED AUTOS, C. Certain
Trailers, Mobile Equipment and Temporary
Substitute Autos, paragraph 1. Is deleted and
replaced by the following:
1. 'Trailers" with a Toad capacity of 3,000
pounds or less designed primarily for travel
on public roads.
Page 2 of 2 Includes the copyrighted material of Insurance Services office. Inc. with its permission.
Includes the copyrighted materiel of The St. Paul Travelers Companies. Inc.
CA T4 20 07 06
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ARCHITECTS, ENGINEERS AND SURVEYORS
XTEND ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
GENERAL DESCRIPTION OF COVERAGE Provisions A. - T. and V. of this endorsement broaden coverage.
Provisions U. and W. of this endorsement may limit coverage. The following listing is a general coverage
description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this
endorsement carefully to determine rights, duties, and what Is and Is not covered.
A. Broadened Named Insured
B. Incidental Medical Malpractice
C. Reasonable Force - Bodily Injury Or Property
Damage
D. Non -Owned Watercraft - Increased To Up To 75
feet
E. Aircraft Chartered With Crew
F. Extension Of Coverage - Damage To Premises
Rented To You
G. Malicious Prosecution - Exception To Knowing
Violation Of Rights Of Another Exclusion
H. Medical Payments Limit
I. Increased Supplementary Payments
J. Additional Insured - Owner, Manager Or Lessor
Of Premises
K. Additional Insured - Lessor Of Leased Equipment
L. Additional insured - State Or Political Subdivi-
sions -- Permits Relating To Promises •
M. Additional Insured - State Or 'Political Subdivi-
sions - Permits Relating To Operations
PROVISIONS
A. BROADENED NAMED INSURED
1. The Named Insured in Item 1. of the Com-
mon Policy Declarations is amended as fol-
lows:
The person or organization named In Item 1,
of the Common Policy Declarations and any
organization, other than a partnership, joint
venture, limited liability company or trust, of
which you are the sole owner or In which you
maintain the majority ownership interest on
the effective date of the policy. However,
CO D3 79 09 07
N. Additional Insured - Architect, Engineer Or
Surveyor
O. Who Is An Insured - Newly Acquired Or Formed
Organizations
P. Who Is An insured - Unnamed Partnership Or
Joint Venture Excess
Q. Per Project General Aggregate Limit
R. Knowledge And Notice Of Occurrence Or
Offense
S. Unintentional Omission
T. Waiver Of Transfer Of Rights Of Recovery
Against Others To Us When Required By Con-
tract Or Agreement
Amended Bodily Injury Definition
Amended Insured Contract Definition - Railroad
Easement
W. Amended Property Damage Definition -Tangible
Property
X. Additional Definition - Contract or Agreement
Requiring Insurance
P.
V.
coverage for any such additional organization
will cease as of the date, if any, during the
policy period, that you no longer are the sole
owner of, or maintain the majority ownership
Interest in, such organization.
2. This Provision A. does not apply to any per-
son or organization for which coverage Is ex-
cluded by another endorsement to this Cov-
erage Part.
B. INCJDENTAL MEDICAL MALPRACTICE
1. The following is added to Paragraph 1. Insur-
ing Agreement of COVERAGE A BODILY
® 2007 The Travelers Companlee, Inc. Page 1 of 8
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004923
COMMERCIAL GENERAL LIABILI ry
INJURY AND PROPERTY DAMAGE LI-
ABILITY in COVERAGES (Section I):
"Bodily injury" arising out of the rendering of,
or failure to render, "first aid' or "Good Sa-
maritan services" to a person, other than a
co -"employee" or "volunteer worker", will be
deemed to be caused by an "occurrence".
For the purposes of determining the applica-
ble limits of Insurance, any act or omission
together with ail related acts or omissions in
the fumishing of the services to any one per-
son will be deemed one "occurrence",
2. As used in this Provision B.:
a. "First aid" means medical or nursing ser-
vice, treatment, advice or instruction; the
related furnishing of food or beverages;
the furnishing or dispensing of drugs or
medical supplies or appliances;
b. "Good Samaritan services" means those
medical services rendered or provided In
an emergency and for vdmich no remu-
neration Is demanded or received.
3. Paragraph 2.a.(1)(d) of WHO IS AN IN-
SURED (Section I1) does not apply to any of
your "employees", who are not employed as
a doctor or nurse by you, but only while per-
forming the services described in Paragraph
1. above and while acting within the scope of
their employment by you. Any such °employ-
ees" rendering "Good Samaritan services"
will be deemed to be acting within the scope
of their employment by you.
4. The following exclusion is added to Para-
graph 2. Exclusions of COVERAGE A BOD-
ILY INJURY AND PROPERTY DAMAGE
UABILITY in COVERAGES (Section I):
Sale of Pharmaceuticals
"Bodily injury" or "property damage" aris-
ing out of the willful violation of a penal
statute or ordinance relating to the sale of
pharmaceuticals committed by or with the
knowledge or consent of the Insured.
5. The insurance provided by this Provision B.
shall be excess over any valid and collectible
other Insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to apply in excess
of the Limits of Insurance shown in the Decla-
rations for this Coverage Part.
C. REASONABLE FORCE -- BODILY INJURY OR
PROPERTY DAMAGE
The Expected Or intended Injury Exclusion in
Paragraph 2. Exclusions of COVERAGE A
BODILY INJURY AND PROPERTY DAMAGE
LIABILITY in COVERAGES (Section I) is de-
leted and replaced by the following:
Expected Or Intended injuryOr Damage
"Bodily injury" or "property damage" expected or
intended from the standpoint of the insured. This
exclusion does not apply to "bodily injury" or
"property damage" resulting from the use of rea-
sonable force to protect any person or property.
D. NON -OWNED WATERCRAFT — INCREASED
TO UP TO 76 FEET
1. The exception contained in Subparagraph (2)
of the Aircraft, Auto Or Watercraft Exclu-
sion in 2. Exclusions of COVERAGE A
BODILY INJURY AND PROPERTY DAM-
AGE UABILITY In COVERAGES (Section I)
Is deleted and replaced by the following:
(2) A watercraft you do not own that Is:
(a) Less than 75 feet tong; and
(b) Not being used to carry persons or
property for a charge;
2. Only as respects the insurance provided by
this Provision D., WHO IS AN INSURED
(Section II) is amended to include as an in-
sured any person who, with your expressed
or Implied consent, either uses or is respon-
sible for the use of the watercraft.
3. The Insurance provided by this Provision D.
shall be excess over any valid and collectible
other insurance available to the insured,
Whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to apply In excess
of the Limits of insurance shown in the Decla-
rations for this Coverage Part.
E. AIRCRAFT CHARTERED WITH CREW
1. The following Is added to the exceptions con-
tained in the Aircraft, Auto Or Watercraft
Exclusion in Paragraph 2. Exclusions of
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABIUTY in COV-
ERAGES (Section I):
Aircraft chartered Mil crew, including a pilot.
to any insured.
Page 2 of 8 ® 2007 The Travelers companies, no, CO D3 79 09 07
;;(
2. This Provision E. does not apply If the char-
tered aircraft is owned by any insured,
3. The insurance provided by this Provision E.
shall be excess over any valid and collectible
other insurance available to the insured,
whether primary, excess, contingent or on
any other basis, except for insurance pur-
chased specifically by you to apply In excess
of the Limits of Insurance shown in the Decla-
rations for this Coverage Pari,
F. EXTENSION OF COVERAGE — DAMAGE TO
PREMISES RENTED TO YOU
1. The last paragraph of COVERAGE A BOD-
ILY INJURY AND PROPERTY DAMAGE
LIABILITY in COVERAGES {Section t) Is
deleted and replaced by the following:
Exclusions c. through n. do not apply to dam-
age to premises while rented to you, or tem-
porarily occupied by you with permission of
the owner, caused by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explo-
sion, or lightning; or
e. Water.
A separate limit of insurance applies to this
coverage as described in LIMITS OF IN-
SURANCE (Section Ill).
2. The insurance under this Provision F. does
not apply to damage to premises while rented
to you, or temporarily occupied by you with
permission of the owner, oaused by:
a. Rupture, bursting, or operation of pres-
sure relief devices;
b. Rupture or bursting due to expansion or
swelling of the contents of any building or
structure, caused by or resulting from wa-
ter; or
c. Explosion of steam boilers, steam pipes,
steam engines, or steam turbines.
3. Paragraph 5. of LIMITS OF INSURANCE
(Section 111) is deleted and replaced by the
following:
Subject to 5. above, the Damage To Prem-
ises Rented To You Limit is the most we will
pay under Coverage A for the sum of all
damages because of "property damage" to
COMMERCIAL GENERAL LIABIUTY
any one premises while rented to you, or
temporarily occupied by you with permission
of the owner, caused by: fire; explosion; light-
ning; smoke resulting from such fire, explo-
sion, or lightning; or water. The Damage To
Premises Rented To You Limit will apply to
all "property damage" proximately caused by
the same "occurrence", whether such dam-
age results from: fire; explosion; lightning;
smoke resulting from such fire, explosion, or
lightning; or water, or any combination of any
of these causes.
The Damage To Premises Rented To You
Limit will be the higher of:
a. $1,000,000; or
b. The amount shown for the Damage To
Premises Rented To You Limit In the
Dectarattons for this Coverage Part.
4. Paragraph a. of the definition of "Insured con-
tract" in DEFINITIONS (Section V) is deleted
and replaced by the following;
a. A contract for a lease of premises. How-
ever, that portion of the contract for a
lease of premises that indemnifies any
person or organization for damage to
premises while rented to you, or tempo. ('
rarily occupied by you with permission of
the owner, caused by: fire; explosion;
lightning; smoke resulting from such fire,
explosion, or lightning; or water is not an
"insured contract";
6. This Provision F. does not apply if coverage
for Damage To Premises Rented To You of
COVERAGE A BODILY INJURY AND
PROPERTY DAMAGE LIABILITY In COV-
ERAGES (Section 1) is excluded by another
endorsement to this Coverage Part.
G. MALICIOUS PROSECUTION — EXCEPTION TO
KNOWING VIOLATION OF RIGHTS OF AN-
OTHER EXCLUSION
'The following is added to the Knowing Violation
Of Rights Of Another Exclusion in 2. Exclu-
sions of COVERAGE B PERSONAL INJURY,
ADVERTISING INJURY AND WEB SITE IN-
JURY LIABILITY of the WEB XTEND LIABILITY
Endorsement:
This exclusion does not apply to "personal injury"
caused by malicious prosecution.
CG D3 79 09 07 ® 2007 The Travelers Companies, Inc. Page 3 of 8
0134924
COMMERCIAL GENERAL LIABILITY
H. MEDICAL PAYMENTS LIMIT
The Medical Expense Limit shown in the Dedara-
tions for this Coverage Part is increased to
$10,000.
I. INCREASED SUPPLEMENTARY PAYMENTS
Paragraphs 1.b. and 1.d. of SUPPLEMENTARY
PAYMENTS — COVERAGES A AND B in COV-
ERAGES (Section I) are amended as follows:
1. In Paragraph 1.b., the amount we will pay for
the cost of ball bonds Is increased to $2500.
2. In Paragraph 1.d., the amount we will pay for
Toss of earnings is increased to $500 a day.
J. ADDITIONAL INSURED — OWNER, MANAGER
OR LESSOR OF PREMISES
1. WHO IS AN INSURED (Section II) is
amended to include as an insured:
Any person or organization that you have
agreed In a contract or agreement to Include
as an additional insured on this Coverage
Part, but: .
a. Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal injury" caused by an offense
committed, after you have entered into
that contract or agreement; and
b. Only if the "bodily injury", "property dam-
age" or "personal injury" is caused, In
whole or in part, by acts or omissions of
you or any person or organization per-
forming operations on your behalf, and
arises out of the ownership, maintenance
or use of that part of any premises leased
to you under that contract or agreement.
2. The insurance provided to such additional
insured under this Provision J. is subject to
the following provisions:
a. The limits of Insurance afforded to such
additional insured shall be the limits
which you agreed to provide in the con-
tract or agreement, or the limits shown in
the Declarations for this Coverage Part,
whichever are less; and
b. The Insurance afforded to such additional
insured does not apply to:
(1) Any "bodily injury" or "property dam-
age" that occurs, or "personal Injury"
caused by an offense committed, af-
ter you cease to be a tenant in that
premises;
(2) Any structural alterations, new con-
struction or demolition operations
performed by or on behalf of such
additional insured; or
(3) Any premises for which coverage Is
excluded by another endorsement to
this Coverage Part.
3. This Provision J. does not apply on any
basis to any person or organization for
which coverage as an additional Insured
specifically is added by another en-
dorsement to this Coverage Part.
K. ADDITIONAL INSURED — LESSOR OF
LEASED EQUIPMENT
1. WHO 18 AN INSURED (Section 11) is
amended to include .as an insured:
Any person or organization that you have
agreed in a contract or agreement to include
as an additional insured on this Coverage
Part, but:
a. Only with respect to liability for "bodily in-
jury" or "property damage" that occurs, or
"personal injury" caused by an offense
committed, after you have entered into
that contract or agreement; and
b. Only If the "bodily injury", °property dam-
age" or "personal injury" is caused, in
whole or in part, by acts oromissions of
you or any person or organization per-
forming operations on your behalf, In the
maintenance, operation or use of equip-
ment leased to you by such additional in-
sured.
2. The insurance provided to such additional
insured under this Provision K. is subject to
the following provisions:
a. The limits of insurance afforded to such
additional insured shall be the limits
which you agreed to provide In the con-
tract or agreement, or the limits shown in
the Declarations for this Coverage Part,
whichever are less; and
b. The insurance afforded to such addllonal
insured does not apply:
(1) To any "bodily injury" or "property
damage" that occurs, or "personal in-
jury" caused by an offense commit-
ted, after the equipment lease ex-
pires;
xpires; or
Page 4 of 8 ' 49 2007 The Travelers companies, Inc. CG D3 79 09 07
(2) if the equipment is leased with an
operator.
3. This Provision K. does not apply on any basis
to any person or organization for which cov-
erage as an additional insured specifically is
added by another endorsement to this Cov-
erage Part.
L. ADDITIONAL INSURED -- STATE OR POLITI-
CAL SUBDIVISIONS — PERMITS RELATING
TO PREMISES
The following Is added to Paragraph 2. of WHO
IS AN INSURED (Section II) to include as an
insured:
Any state or political subdivision that has issued a
permit in connection with premises owned or oc-
cupied by, or rented or loaned to, you, but only
with respect to "bodily Injury', "property damage",
"personal injury" or "advertising Injury" arising out
of the existence, ownership, use, maintenance,
repair, construction, erection or removal of adver-
tising signs, awnings, canopies, cellar entrances,
coal holes, driveways, manholes, marquees, hoist
away openings, sidewalk vaults, elevators, street
banners or decorations for which that state or
political subdivision has issued such permit.
M. ADDITIONAL INSURED — STATE OR POUTI-
CAL SUBDIVISIONS — PERMITS RELATING
TO OPERATIONS
The following Is added to Paragraph 2. of WHO
15 AN INSURED (Section II) to include as an
Insured:
Any state or political subdivision that has issued a
permit, but only with respect to 'bodily injury",
"property damage", "personal injury" or "advertis-
ing injury" arising out of operations performed by
you or on your behalf for which that state or po-
litica) subdivision has issued such permit. How-
ever, no such state or political subdivision is an
insured for
1. "Bodily injury', "property damage", "personal
injury" or 'advertising injury" arising out of
operations performed for that state or political
subdivision; or
2. "Bodily injury" or "property damage" included
within the "products — completed operations
hazard".
CG D3 7909 07
COMMERCIAL GENERAL LIABILITY
N. ADDITIONAL INSURED — ARCHITECT, ENGI-
NEER OR SURVEYOR
1. The following is added to Paragraph 2. of
WHO 15 AN INSURED (Section 11) to include
as art insured:
Any architect, engineer or surveyor engaged
by or for you that you agree in a "contract or
agreement requiring insurance" to include as
an additional insured on this Coverage Part,
but only with respect to liability for "bodily in-
jury", "property damage" or "personal injury"
that is caused, In whole or in part, by acts or
omissions of you or any person or organiza-
tion acting on your behalf In connection with
your premises or "your work".
2. This Provision N. does not apply on any basis
to any person or organization for which cov-
erage as an additional insured specifically Is
added by another endorsement to this Cov-
erage Part.
O. WHO IS AN INSURED — NEWLY ACQUIRED
OR FORMED ORGANIZATIONS
1. Paragraph 4.a. of WHO IS AN INSURED
(Section I1) is deleted and replaced by the
following:
a. Coverage under this provision is afforded
only until the 180th day alter you acquire
or form the organization or the end of the
policy period, whichever is earlier. Any
such newly acquired or formed organiza-
tion that you report in writing to us within
180 days after you acquire or form the
organization will be covered under this
provision until the end of the policy pe-
riod, even If there are more than 180
days remaining uritil the end of the policy
period;
2. This Provision O. does not apply to any or-
ganization for which coverage is excluded by
another endorsement to this Coverage Part.
WHO IS AN INSURED — UNNAMED PART-
NERSHIP OR JOiNT VENTURE — EXCESS
1. The last paragraph of WHO IS AN INSURED
(Section II) is deleted and replaced by the
following:
No person or organization Is an insured with
respect to the conduct of any current or past
partnership, joint venlure or limited !lability
company that is not shown as a Named in-
sured in the Common Policy Declarations.
P.
® 2907 The Travelers Companies, Inc, Page 5 of 8
•
N
game
o�
COMMERCIAL GENERAL LIABILITY
However, this exclusion does not apply to
your liability with respect to your conduct of
the business of any current or past partner-
ship or joint venture:
a. That is not shown as a Named Insured in
the Common Policy Declarations, and
b. In which you are a member or partner
where each and every one of your co -
ventures in that joint venture Is an archi-
tectural, engineering, or surveying firm.
2. This Provision P. does not apply to any per-
son or organization for which coverage Is ex-
cluded by another endorsement to thls Cov-
erage Part.
3. The insurance provided by this Provision P.
shall be excess over any valid and collectible
other insurance, whether primary, excess,
contingent or on any other basis, which is
available covering your liability with respect
to your conduct of the business of any current
or past partnership or joint venture that is not
shown as a Named Insured in the Common
Polley Declarations and which is issued to
such partnership or Joint venture.
Q. PER PROJECT GENERAL AGGREGATE OMIT
1. Paragraph 2. of UMITS OF INSURANCE
(Section 111) Is deleted and replaced by the
following:
The General Aggregate Limit is the most we
will pay for the sum of:
a. Damages under Coverage B; and
b. Damages from "occurrences" under Cov-
erage A and for all medical expenses
caused by accidents under Coverage C
which cannot be attributed only to opera-
tions at a single "project".
2. The following Is added to LIMITS OF IN-
SURANCE (Section 111):
A separate Per Project General Aggregate
Limit applies to each "project" for all sums
which the insured becomes legally obligated
to pay as damages caused by "occurrences"
under Coverage A and for all medical ex-
penses
xpenses caused by accidents under Coverage
C which can be attributed only to operations
at a single "project", and that limit is equal to
the amount of the General Aggregate Limit
shown in the Declarations for this Coverage
Part,
Page 6 of 8
00025
Any payments made under Coverage A for
damages and under Coverage C for medical
expenses shall reduce the Per Project Gen-
eral Aggregate Limit for that "project", but
shall not reduce:
a. Any other Per Project General Aggregate
Limit for any other "project";
b. The General Aggregate Limit; or
c. The Products -Completed Operations Ag-
gregate Limit.
The limits shown hi the Declarations for this
Coverage Part for Each Occurrence, Dam- '
age To Premises Rented To You and Medical
Expense are also subject to the Per Protect
General Aggregate Limit when the Per Pro-
ject General Aggregate Limit applies.
3. As used In the Provision Q.:
"Project" means an area away from premises
owned by or rented to you at which you are
performing operations pursuant to a contract
or agreement. For the purposes of determin-
ing the applicable aggregate limit of Insur-
ance, each "project" that includes premises
involving the same or connecting tots, or
premises whose connection Is interrupted
only by a street, roadway, waterway or right-
of-way of a railroad shall be considered a sin-
gle "project".
R. KNOWLEDGE AND NOTICE OF OCCUR-
RENCE OR OFFENSE
The following is added to Paragraph 2. Duties In
The Event of Occurrence, Offense, Claim Or
Suit of COMMERCIAL GENERAL UABIUTY
CONDITIONS (Section 1V):
Notice of an "occurrence" or of an offense which
may result in a claim must be given as soon as
practicable after knowledge of the "occurrence
or offense has been reported to you, one of your
"executive officers" (if you are a corporation), one
of your partners who is an individual (if you are a
partnership), one of your managers (if you are a
limited liability company), one of your trustees
who is an individual (if you are a trust), or an
"employee" (such as an Insurance, loss control or
risk manager or administrator) designated by you
to give such notice.
Knowledge by any other "employee" of an "occur-
rence" or offense does not Imply that you also
have such knowledge.
CO 2007 The Travelers Companies, Inc. CG D3 79 09 07
Notice of an "occurrence" or of an offense which
may result in a claim wIlt be deemed to be given
as soon as practicable to us if it is given In good
faith as soon as practicable to your workers' com-
pensation, accident, or health insurer. This ap-
plies only if you subsequently give notice of the
"occurrence" or offense to us as soon as practi-
cable after you, one of your "executive officers"
(if you are s corporation), one of your partners
who is an individual (if you are a partnership),
one of your managers (if you are a limited liability
company), one of your trustees who Is an indivld-
ual (if you are a trust), or an "employee" (such as
an insurance, loss control or risk manager or ad-
ministrator) designated by you to give such notice
discovers that the "occurrence" or offense may
involve this policy.
S. UNINTENTIONAL OMISSION
1. The following is added to Paragraph 6. Rep-
resentations of COMMERCIAL GENERAL
LIABILITY CONDITIONS (Section IV):
The unintentional omission of, or uninten-
tional error In, any information provided by
you which we relied upon In issuing this pol-
icy shall not prejudice your rights under this
Insurance.
2. This Provision S. does not affect our right to
collect additional premium or to exercise our
right of cancellation or nonrenewal in accor-
dance with applicable insurance laws or regu-
lations.
T. WAIVER OF TRANSFER OF RIGHTS OP
RECOVERY AGAINST OTHERS TO US WHEN
REQUIRED BY CONTRACT OR AGREEMENT
The following is added to Paragraph 8. Transfer
of Rights of Recovery Against Others to Us of
COMMERCIAL GENERAL LIABILITY CONDI-
TIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily Injury', "property
damage", "personal injury" or "advertising injury"
arising out of:
1. Premises owned by you, temporarily occu-
pied by you with permission of the owner, or
leased or rented to you;
2. Ongoing operations performed by you, or on
your behalf, under a contract or agreement
with that person or organization;
3. "Your work"; or
COMMERCIAL GENERAL LIABILITY
4. "Your products".
We waive these rights only where you have
agreed to do so as part of a contract or agree-
ment entered into by you before, and In effect
when, the "bodily injury" or "property damage"
occurs, or the "personal Injury" offense or "adver-
tising Injury" offense is committed.
U. AMENDED BODILY INJURY DEFINMON
The definition of "bodily injury" In DEFINITIONS
(Section V) is deleted and replaced by the follow-
ing:
"Bodily injury" means:
a. Physical harm, including sickness or disease,
sustained by a person;
b. Mental anguish, Injury or Illness, or emotional
distress, resulting at any time from such
physical harm, sickness or disease; or
c. Care, Toss of services or death resulting at
any time from such physical harm, sickness
or disease.
V. AMENDED INSURED CONTRACT DEFINMON
— RAILROAD EASEMENT
1. Subparagraph c. of the definition of Insured
contract" in DEFINITIONS (Section V) is de-
leted and replaced by the following:
c. Any easement or license agreement;
2. Subparagraph f.(1) of the definition of 'In-
sured contract" in DEFINITIONS (Section V)
Is deleted.
W. AMENDED PROPERTY DAMAGE DEFINITION
-- TANGIBLE PROPERTY
The definition of "property damage" In DEFINI-
TIONS (Section V) is deieteil and replaced by
the following:
"Property damage" means
a. Physical injury to tangible property, Including
all resulting loss of use of that property, All
such loss of use shall be deemed to occur at
the time of the physical Injury that caused it;
or
b. Loss of use of tangible property that is not
physically injured. All such loss of use shall
be deemed to occur at the time of the "occur-
rence" that caused it.
For the purposes of this insurance, tangible prop-
erty does not include data.
CG D3 79 09 07 C 2007 The Travelers Companies, Inc. Page 7 of 9
COMMERCIAL GENERAL LIABILITY
X. The following definition is added to SECTION V —
DEFINITIONS:
"Contract or agreement requiring insurance"
means that part of any contract or agreement
under which you are required to include a person
or organization as an additional insured on this
Coverage Part, provided that the "bodily Injury"
Page 8 of 8
00417413
and "property damage" occurs, and the "personal
injury" is caused by an offense committed:
a. After you have entered Into that contract or
agreement:
b. While that part of the contract or agreement
is In effect: and
c. Before the end of the policy period,
d 2007 The Trnvelora Companies, Inc. CG D3 79 09 07
L.JMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED (Section II) is amended to
include any person or organization that you agree
in a "contract or agreement requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
2.
ee�
m
falia
0; s
0=
0=
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o=
0=
3.
Dose»
a. Only with respect to Liability for "bodily injury",
"property damage" or "personal injury"; and
b. If the injury or damage arises out of the per-
formance, by you or your subcontractor, of
"your work" to which the "contract or agree-
ment requiring insurance applies. Such per-
son or organization does not qualify as an
additional insured with respect to their inde-
pendent acts or for "bodily injury", "property
damage" or "personal injury" for which that
person or organization has assumed liability
in a contract or agreement.
The insurance provided to the additional insured
by this endorsement is limited as follows:
a. This insurance does not apply on any basis to
any person or organization for which cover-
age as an additional insured specifically is
added by another endorsement to this Cover-
age Part.
b. This Insurance does not apply to the render-
ing of or failure to render any "professional
services".
c. The limits of insurance afforded to the addi-
tional insured shall be the limits which you
agreed to provide in that "contract or agree-
ment requiring insurance, or the limits shown
in the Declarations for this Coverage Pari,
whichever are less. This endorsement does
not increase the limits of insurance stated in
the LIMITS OF INSURANCE (Section III) for
this Coverage Part.
The following is added to Paragraph a. of 4.
Other Insurance in COMMERCIAL GENERAL
UABILITY CONDITIONS (Section IV):
CGD3810908
However, if you specifically agree in a "contract or
agreement requiring insurance" that the insurance
provided to an additional insured under this Cov-
erage Part must apply on a primary basis, or a
primary and non-contributory basis, this insurance
is primary to other insurance that is available to
such additional insured which covers such addi-
tional insured as a named Insured, and we will not
share with the other insurance, provided that:
(1) The "bodily injury" or "property damage" for
which coverage is sought occurs; and
(2) The "personal injury" for which coverage is
sought arises out of an offense committed;
after you have entered into that "contract or
agreement requiring insurance". But this insur-
ance still is excess over valid and collectible other
insurance, whether primary, excess, contingent or
on any other basis, that is available to the insured
when the insured is an additional insured under
any other insurance.
4. The following is added to Paragraph 8. Transfer
Of Rights Of Recovery Against Others To Us
in COMMERCIAL GENERAL LIABILITY CON-
DITIONS (Section IV):
We waive any rights of recovery we may have
against any person or organization because of
payments we make for "bodily injury", "property
damage" or "personal injury" arising out of "your
work" performed by you, or on your behalf, under
a "contract or agreement requiring insurance" with
that person or organization. We waive these
rights only where you have agreed to do so as
part of the "contract or agreement requiring insur-
ance" with such person or organization entered
into by you before, and in effect when, the "bodily
injury" or "property damage" occurs, or the "per-
sonal injury" offense is committed.
5. As respects the insurance provided to the addi-
tional insured by this endorsement, the following
definition is added to DEFINrONS (Section V):
02008, The St. Paul Travelers Insurance Companies, Inc. Page 1 of 2
includes copyrighted material of Insurance Services Office, Inc., with Its permission.
COMMERCIAL GENERAL LIAb.:-cTY
"contract or agreement requiring insurance"
means that part of any contract or agreement un-
der which you are required to include a person or
organization as an additional insured on this Cov-
erage Part, provided that the "bodily injury" and
"property damage" occurs, and the "personal in-
jury" is caused by an offense committed:
a. After you have entered into that contract or
agreement;
b. While that part of the contract or agreement is
In effect; and
c. Before the end of the policy period.
All other terms of your policy remain the same.
Page 2 of 2 *2006, The St. Paul Travelers Insurance Companies, Inc.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
CGD3810906
BOARD OF YAKIMA COUNTY COMMISSIONERS
IN THE MATTER OF AUTHORIZING THE CHAIRMAN)
TO SIGN A PROFESSIONAL SERVICES CONTRACT, )
TOGETHER WITH THE CITY OF YAKIMA, WITH )
LANDAU ASSOCIATES FOR THE CLEAN-UP OF )
CERTAIN YAKIMA AIR TERMINAL PROPERTY )
KNOWN AS RICHARDSON AIRWAYS AND )
INVESTIGATION OF UNDERGROUND STORAGE )
TANKS AT THE AIR TERMINAL )
RESOLUTION 45- 2009
WHEREAS, the County and City are co-owners of the Yakima Air Terminal ("Air
Terminal"); and,
WHEREAS, the County, the City and the Department of Ecology ("Ecology") previously
cooperated in the study of an area of the air terminal formerly occupied by Richardson Airways
and entered a Consent Decree concerning the site under the Model Toxics Control Act m 1997,
and,
WHEREAS, it is now over a decade since those measures were taken and it is appropriate
to review the Richardson's site and proceed with additional steps; and,
WHEREAS, operations at the Richardson's site included fillmg airplane spray tanks with
pesticide solution and on completion of aerial spraying, washing the tank at the "washdown
site", and,
WHElRvAS, clean-up of the Richardson's site will benefit the operations of the Air
Terminal and the public; and,
WHEREAS, there are other activities related to clean-up of the Air Terminal concerning
Underground Storage Tanks ("USTs"); and
WHEREAS, Ecology has set aside grant funding for the City and County that will
provide ninety percent (90%) of the costs for the Richardson site and seventy-five (75%) for the
USTs; and,
WHEREAS, the County and the City have, pursuant to a request for qualifications,
selected Landau Associates to provide the required professional services and expertise for the
clean-up (Richardson) and the investigation for remediation (USTs), and,
WHEREAS, Landau Associates is prepared to commence the work in question as
directed by the County and City in consultation with Ecology; and,
WHEREAS, the County, the City, and Ecology have entered a Consent Decree
concerning clean-up of Richardson Airways site; and,
WHEREAS, the approval of an Agreed Order with Ecology is necessary to address the
USTs; and,
WHEREAS, there are other environmental projects that will require the profession
expertise of Landau Associates, as directed by the County, and the City; now therefore,
BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners that the
Chairman of the Board is hereby authorized to sign the Professional Services contract with
Landau Associates for the clean-up of the Richardson Airways site and investigation for
remediation of the USTs at the Air Terminal.
DONE this 20th day of January 2009.
.011tiititrib,
,���v pF YAKM,/ //iii
• ' c)� <cOF wx1s c°G
O ,JO.O'
„ .' : -t —
• ;'�
<— � tA_a,
Attest: Tiera L. Girard
Deputy Clerk of the Board
Michael D. Leita, Commissioner
K.,e in J. Bo ey, Commissioner
onstituling the Board of County Commissioners
for Yakima Count-, Washington
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CONFORM AND RETURN
FAL
DEC 2 6 2008
KIM "9. E.w TON
YAK !MA COUNTY
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
Plaintiff,
v.
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants.
NO. 08 2 04863 1
SUMMONS
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17 TO: Lawrence Watters, attorney for City of Yakima, Defendant; and
18 Terry Austin, attorney for County of Yakima, Defendant.
19 A lawsuit has been started against you in the above -entitled court by the State of
20 Washington, Department of Ecology. Plaintiff's claim is stated in the wntten Complaint, a copy
21 of which is served upon you with this Summons.
22 The parties have agreed to resolve this matter by entry of a Consent Decree, a copy of
23 which is also attached. Accordingly, this Summons shall not require the filing of an Answer.
24 Further, all disputes arising under this cause shall be resolved under the terns of the Consent
25 Decree.
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SUMMONS
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-01 17
(360) 586-6770
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DATED this 719-4 day of December, 2008.
ROBERT M. McKENNA
Attorney General
OHN A. LEVEL, WSBA #20439
Assistant Attorney General
Attorneys for Plaintiff
State of Washington,
Department of Ecology
(360) 586-6753
SUMMONS 2
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360)536.6770
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CONFORM AND RETURN
F L ED
DEC 2 6 2008
KIM r1. EATON
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
Plaintiff,
v
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants.
NO. 08 2 04863 1
COMPLAINT
Plaintiff, State of Washington, Department of Ecology ("Ecology") alleges as follows:
I. NATURE OF ACTION
1.1 This action is brought on behalf of the State of Washington, Department of
Ecology (Ecology) to enter a settlement agreement known as a Consent Decree (Decree).
1 2 The Complaint and settlement are limited to the scope of the Decree. The
facility, or Site, is referred to as the Richardson Airways Site. The Site is located in Yakima,
Washington
II. JURISDICTION
2.1 This court has jurisdiction over the parties and over the subject matter under the
Model Toxics Control Act (MTCA), Chapter 70.105D RCW. Pursuant to RCW 4.12 010,
venue is proper in Yakima County Superior Court, the location of the Site.
COMPLAINT
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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III. PARTIES
3 1 Plaintiff State of Washington, Department of Ecology (Ecology) is a state
agency charged with the implementation of MTCA.
3.2 Defendants are the City of Yakima and the County of Yakima. Defendants
have agreed to enter into a Consent Decree with Ecology under MTCA to remedy the release
of hazardous substances on their property.
IV. FACTUAL ALLEGATIONS
4.1 The City of Yakima and the County of Yakima are co-owners of the property
making up the Yakima Air Terminal and the Yakima Airport property.
4.2 From approximately 1953 to 1992, Mr. Ralph Richardson leased approximately
157,000 square feet of Yakima Airport property. At this location, Mr. Richardson operated
•Richardson Airways, Inc., an aerial pesticide applicator service, for approximately 38 years
between 1953 and 1992. Operations at the facility included filling an applicator airplane spray
tank with pesticide solution, .then upon completion .of aerial spraying washing, cleaning and/or
nnsing the airplane tank at the "washdown area" at the Richardson Airways Site. The location
of the "washdown. area" is near the southeast comer of the Yakima Air Terminal property
adjacent to the north/south taxiway of Runway No. 34. The "washdown area" was a small area
of the lease (17,000 sq. ft.). Waste water from the cleaning procedure was allowed to seep into
the surrounding soils and drain into nearby .catch basins.
4.3 In 1989, Technico & Environmental Services Co. took and analyzed surface soil
samples from the "washdown area" Organochlorine pesticides were found in the soil in the
"washdown area". The following pesticides found in soil samples exceeded MTCA Method B
soil cleanup levels protective of groundwater (WAC 173-340-740(3)(a)(n)(A)) aldrin;
chlordane, DDT, dieldnn, endosulfan 1 (alpha); endosulfan II (beta), endosulfan sulfate, endrin,
and 2,4-D
COMPLAINT 2
ATTORNEY GENERAL OPwAs IINGTON
Ecology Division
PO Dox 40117
Olympia, \VA 98504-0117
(360) 586-6770
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4.4 By letter dated July 25, 1991, Ecology named each of the Defendants a
potentially liable party for the Richardson Airways Site under MTCA Ecology determined
that there has been a release or threatened release of hazardous substances at the Site. Ecology
further determined that this release or threatened release requires remedial action to protect
human health, welfare, and the environment
4 5 In January of 1992, Ecology, Richardson Airways, Inc. and Yakima Air
Terminal entered into an Agreed Order (DE 91 TC -C455) This Agreed Order required a
Remedial Investigation and Feasibility Study (RI/FS) be conducted of the soil in or near the
"washdown area" and "burn pit", and that a RI/FS work plan and report and Health and Safety
plan be submitted to Ecology. The Final RI/FS Work Plan was submitted on October 5, 1992,
and was accepted by. Ecology.
4.6 A RI/FS was conducted in the "washdown area" by CH2M-Hill from 1992 to
1993. The RI soil samples found numerous pesticides in the soil to a depth of ten and one-half
feet. The. following pesticides found in the soil samples exceeded MTCA Method B soil
cleanup levels protective of groundwater (WAC 173-340-740(3)(a)(ii)(A)): aldrin, DDD,
DDE, DDT, dieldrin, endosulfan I (alpha), endosulfan II (beta), endosulfan sulfate, endrin,
endrin aldehyde, and endnn ketone.
4.7 Dunng the RI, four groundwater monitoring wells were installed in the
19 "washdown area". They were sampled in 1992. Analyses found no groundwater pesticide or
20 herbicide contamination attributable to the "washdown area" at Richardson Airways.
21 Additional groundwater samples were taken in 1994 and 1995 Those analyses found no
22 groundwater pesticide or herbicide contamination attributable to the "washdown area".
23 4.8 In May of 1997, Ecology, the City of Yakima, County of Yakima and Ralph
24 Richardson entered into a Consent Decree (97-2-01092-5) The Consent Decree required that a
25 Restrictive Covenant be placed on the "washdown area" and the installation and sampling of
26
COMPLAINT 3
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 401 17
Olympia, WA 98504-0117
(360) 586-6770
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five new groundwater monitoring wells. A Restrictive Covenant was recorded on the property
title for the "washdown area" on March 26, 1998. The Covenant placed property and
groundwater use constraints on the "washdown area" Five new monitoring wells were
installed in 1997. The four 1992 RI/FS wells in the "washdown area", the three 1992 RI/FS
wells in the "burn pit" area, and the five 1997 Consent Decree "washdown area" wells were
sampled from September 9, 1997, to January 3,
2001. Analyses found no groundwater
pesticide or herbicide contamination attributable to the "washdown area" at Richardson
Airways.
4.9 In 2007, the Defendants sought to develop area at the Yakima airport, which
encompassed the Richardson Airways Site. In 2008, Ecology created a draft Cleanup Action
Plan (CAP) for the Site and negotiated a draft Consent Decree with the Defendants for
implementation .of the CAP. Under the CAP, the Defendants would locate, excavate and
remove approximately 4,00Q cubic yards of contaminated soil from the "washdown area".
4.10 The draft CAP and Consent Decree were subject to public notice and comment.
After consideration of all comments received, Ecology issued a final CAP for the Richardson
Airways Site.
4.11 Ecology and the Defendants have now entered into the final Consent Decree
requiring cleanup of the Site. The final CAP is an integral and enforceable exhibit to the
Decree. The Consent Decree is being submitted to the court along with this Complaint.
V. CAUSE OF ACTION
5 1 Plaintiff realleges all preceding paragraphs
5.2 Plaintiff alleges that Defendants are responsible for remedial action at .the Site
23 pursuant to the MTCA, Chapter 70.105D RCW.
24 VI. PRAYER FOR RELIEF
25 6.1 Ecology requests that the court sign and enter the Consent Decree in this matter
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COMPLAINT 4
ATTORNEY GENERAL OF W ASH INGTON
Ecology Division
PO Box 40117
Olympia, \\' \ 98504-011 7
(360) 586-6770
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6 2 Ecology further requests that the Court retain jurisdiction to enforce the ten -ns of
the Consent Decree.
DATED this ll day of December, 2008.
ROBERT M. MCKENNA
Attorney General
OHN A. LEVEL, W 'o.
Assistant Attorney General
Attorneys for Plaintiff
State of Washington Department of Ecology
(360) 586-6753
COMPLAINT 5
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-01 17
(360) 586-6770
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CONFORM AND RETURN
DEC 2 6 2008
Kl;ifi !.5. T iD i
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
Plaintiff,
v.
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants.
No. 03 2 04363 1
DECLARATION OF DON ABBOTT
I, Don Abbott, make the following declaration
1. I am over the age of 18, competent to be a witness herein, and make this
declaration in that capacity. I state the following based upon my personal knowledge.
2. I am employed by the Washington State Department of Ecology (Ecology) as
the Section Manager with Ecology's Toxics Cleanup Program Central Regional Office. I am
21 the designated management lead for the Richardson Airways Site, and I am therefore
22 knowledgeable about matters relating to the Richardson Airways Site.
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3. The Richardson Airways Site is located in Yakima, Washington.
4. Ecology has determined that a release or threatened release of hazardous
substances has occurred at the Richardson Airways Site.
DECLARATION OF DON ABBOTT 1
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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•
5. Contamination found at the Richardson Airways Site includes aldrin,
chlordane, DDT, dieldrin, endosulfan I (alpha), endosulfan II (beta), endosulfan sulfate, 2 4-D
DDD, DDE, endrin, endrin aldehyde, and endrin ketone. Prior actions addressing
contamination at the Site were protective for the Site's current use. A new use is proposed for
the Site and the current conditions are not compatible for the new use. This new cleanup
action under the Consent Decree will be protective and allow for development.
6. Ecology has determined that contamination at the Richardson Airways Site
presents a threat to human health and the environment.
7. Ecology has given notice to the City of Yakima and Yakima County of
Ecology's determination that City of Yakima and Yakima County are potentially liable parties
(PLP) for the Site, as required by RCW 70.105D.020(21) and WAC 173-340-500.
8. Ecology has developed a draft Cleanup Action Plan (DCAP) for the Site arid
negotiated' a draft Consent Decree with the City of Yakima and Yakima County.
9. Ecology has determined that the actions to be taken pursuant to this Consent
Decree are necessary to protect public health and the environment and will lead to a more
expeditious cleanup of hazardous substances at the Site in compliance with the cleanup
standards established under RCW 70.105D.030(2)(e) and Chapter 173-340 WAC.
10. The DCAP and draft Consent Decree were subject to public notice and
comment.
11. Ecology received comments during the public comment period, which Ecology
reviewed and considered Ecology determined that no additional public comment was required
under WAC 173-340-600.
DECLARATION OF DON ABBOTT 2
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, \V'\ 98504-0117
(360) 586-6770
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12. Ecology has now issued the final CAP for the Site, and the parties have entered
into the final Consent Decree. The final CAP is an integral and enforceable part of the Consent
Decree
I declare under the penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct.
DATED this ) day of December, 2008, at Yakima, Washington
DECLARATION OF DON ABBOTT 3
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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10 Plaintiff,
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15 I. INTRODUCTION
16 Plaintiff, State of Washington, Department of Ecology (Ecology), and Defendants, City
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of Yakima and Yakima County, bring this motion seeking entry of the attached Consent
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Decree (Decree) This motion is based upon the pleadings filed in this matter, including the
19
Declaration of Don Abbot, the Section Manager with Ecology's Toxics Cleanup Program
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21 Central Regional Office.
22 II. RELIEF REQUESTED
23 The Parties request that the Court approve and enter the attached Consent Decree,
24 which governs the cleanup of contamination at the Richardson Airways Site (Site) in Yakima,
25
Washington, pursuant to the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. The
cnts1FORM AND RETURN
aLE '
DEC 2 6 2003
/ASA Pn r '`.'1 ,itt
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
v.
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants.
NO. 08 2 04863 1
JOINT MOTION FOR ENTRY OF
CONSENT DECREE
26
JOINT MOTION FOR ENTRY OF 1
CONSENT DECREE
ATTORNEY GENERAL OF WASI IINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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parties also request that the Court retain jurisdiction over this action until the work required by
the Consent Decree is completed and the Parties request a dismissal of this action
III. AUTHORITY
Authority is conferred upon the Washington State Attorney General by RCW
70 105D 040(4)(a) to agree to a settlement with any potentially liable person (PLP) if, after
public notice and any required hearing, Ecology finds the proposed settlement would lead to a
more expeditious cleanup of hazardous substances. RCW 70.105D.040(4)(b) requires that
such a settlement be entered as a consent decree issued by a court of competent Jurisdiction.
IV. AGENCY DETERMINATIONS SUPPORTING ENTRY OF DECREE
A. Ecology has determined that a release or threatened release of hazardous
substances has occurred at the Site that is the subject of this Decree. Declaration of Don
Abbott at page 1, IT 4.
15 B Ecology has determined that contamination at the Site presents a threat to
16 human health and the environment. Declaration of Don Abbott at page 2, ¶ 6.
17 C. Ecology has given notice to the City of Yakima and Yakima County of
Ecology's. determination that it they are PLPa for the Site, as required by RCW
70.105D.020(16) and. WAC 173-340-500 Declaration of Don Abbot at page 2, ¶ 7.
D The actions to be taken' pursuant to this Decree are necessary to protect public
22 health and the environment. Declaration of Don Abbott at page 2, ¶ 9.
23 E This Decree has been subject to public notice and comment. Declaration of
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24 Don Abbott at page 2, ¶ 10 Ecology considered all comments received, and determined that
25
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no additional public comment was required Declaration of Don Abbott at page 2, ¶ 1 1
JOINT MOTION FOR ENTRY OF 2
CONSENT DECREE
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia. W.\ 9Si0I-01 17
(360) 586-6770
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F. Ecology has determined that this Decree will lead to a more expeditious cleanup
of hazardous substances at the Site in compliance with cleanup standards established under
RCW 70 105D 030(2)(e) and Chapter 173-340 WAC Declaration of Don Abbott at page 2, ¶
9.
V. CONCLUSION
The Parties believe it is appropriate for the Court to exercise its discretion and approve
the attached Consent Decree, and hereby request that the Court enter the attached Order. The
parties further request that the Court retain jurisdiction to enforce the terns of the Consent
Decree.
DATED this day of December 2008.
ROBERT M. MCKENNA
Attorney General
J A. LEVEL, WSBA #20439 LA NCE WAITERS, WSBA# 7454
Assistant Attorney General Assistant City Attorney
Attorneys for Plaintiff Attomey for Defendant City of Yakima
T , WSBA #6708
Deput ' osecuting Attorney
Attorney for Defendant Yakima County
JOINT MOTION FOR ENTRY OF 3
CONSENT DECREE
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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CONFORM AND RETURN
ailE
LS DFC 2 6 2008
KINA? M; EATAM1 Ynh!Mn 9Qvt TY 66�RK
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
DEPARTMENT OF ECOLOGY,
Plaintiff,
v.
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants
No. 08 2 04863 1
ORDER ENTERING CONSENT
DECREE
Having reviewed the Joint Motion for Entry of the Consent Decree, it is hereby
ORDERED AND ADJUDGED that the Consent Decree in this matter is entered and that the
Court shall retain junsdiction over the Consent Decree to enforce its terms.
DATED this YU' day of December, 2008
ROBERT N. HACKETT JR.
Superior Court Judge/Commissioner
ORDER ENTERING CONSENT DECREE 1
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117'
(360) 586-6770
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Presented by:
ROBERT M. MCKENNA
Attorney General
JO' 1 A. LEVEL, WSBA #20439
As istant Attorney General
Attorneys for Plaintiff
ORDER ENTERING CONSENT DECREE
LAWRENCE WATTERS, WSBA # 7454
Assistant City Attorney
Attorney for Defendant City of Yakima
T ' , WSBA #6708
Deputyrosecuting Attorney
Attomey for Defendant Yakima County
2
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
PROFESSIONAL SERVICES AGREEMENT
CITY OF YAKIMA/YAKIMA COUNTY AND LANDAU ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City"), Yakima County, a subdivision of the State of
Washington (hereinafter the "County") and Landau Associates (the "Consultant"), a
company licensed to do business in Washington.
WHEREAS, the City and the County desire to engage the Consultant to perform
environmental services at the Yakima Air Terminal ("Air Terminal") for phase one
(Richardson Airways remedial clean-up) and phase two (underground storage tank remedial
investigation/feasibility study and clean-up); along with other environmental activities that
may include funding applications, studies and clean-ups as directed; and
WHEREAS, the Consultant has the experience and expertise necessary to provide
said services and is willing to provide such services in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City, the County and the
Consultant as follows:
1. Scope of Services. The Consultant shall provide environmental cleanup services
for phase one to the City and the County consistent with the Consent Decree entered into
between the City, the County and the Washington State Department of Ecology ("DOE"),
Exhibit "A" attached and incorporated by this reference; the scope of services, as described
in more detail in Exhibit "B", attached and incorporated by this reference; and, the Pay
Rates, Exhibit "C", attached and incorporated by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall continue until January 31, 2012.
3. Consideration. The City shall pay the Consultant for services rendered hereunder
in accordance with the payment schedule set forth in Exhibit "D" attached and incorporated
by this reference. Unless this Agreement is otherwise modified by the parties, the total
compensation paid to the Consultant for all services provided under this Agreement shall
not exceed the amount provided in Exhibit "D". The Consultant shall submit to the City
monthly invoices itemizing tasks accomplished. Payment shall then take place, provided,
however, that all payments are expressly conditioned upon the Consultant's providing
services that are satisfactory to the City and the County. The Consultant shall maintain
adequate files and records to substantiate all amounts itemized on the monthly invoices. In
the event that either party exercises its right to terminate this Agreement in accordance with
Section 18, the Consultant shall be compensated in accordance with the above terms for all
satisfactory services provided to the City and the County up to the effective termination date
or the Agreement.
Page 1 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
4. Information Provided by the City and the County. The Consultant shall provide
guidance to the City and the County in determining the data required for purposes of the
contemplated services. The City and the County agree to use reasonable efforts to provide
data and information specifically requested by the Consultant.
5. Status of Consultant. The Consultant and the City and the County understand and
expressly agree that the Consultant is an independent contractor in the performance of
each and every part of this Agreement. No officer, employee, volunteer, and/or agent of
Consultant shall act on behalf of or represent him or herself as an agent or representative of
the City and the County. The Consultant, as an independent contractor, assumes the entire
responsibility for carrying out and accomplishing the services required under this
Agreement. The Consultant expressly represents, warrants and agrees that its status as an
independent contractor in the performance of the work and services required under this
Agreement is consistent with and meets the six -part independent contractor test set forth in
RCW 51.08.195. The Consultant and its officers, employees, volunteers, agents and/or
subcontractors shall not make any claim of City employment nor shall make any claim
against the City and the County for any related employment benefits, social security and/or
retirement benefits. Nothing contained herein shall be interpreted as creating a relationship
of servant, employee, partnership or agency between the Consultant and the City and the
County.
6. Inspection and Audit. The Consultant shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this
Agreement shall be subject to inspection and audit by representatives of the City and the
County and/or the Washington State Auditor at all reasonable times, and the Consultant
shall afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and the County and/or the
Washington State Auditor where necessary to conduct or document an audit. The
Consultant shall preserve and make available all such books of account and records for a
period of ten (10) years after the Decree is no longer in effect.
7. Taxes and Assessments. The Consultant shall be solely responsible for
compensating his employees, agents and/or sub Consultants and for paying all related
taxes, deductions, and assessments, including but not limited to federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party as a
result of this Agreement. In the event the City and the County are assessed a tax or
assessment as a result of this Agreement, the Consultant shall pay the same before it
becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
Page 2 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
rates of pay or other forms of compensation, selection for training and the provision of
services under this Agreement.
9. The Americans with Disabilities Act. The Consultant shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti -discrimination law as contained in
RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil rights
to individuals with disabilities in the area of employment, public accommodations, public
transportation, state and local government services and telecommunications.
10. Compliance with Law. The Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local or otherwise.
11. No Conflict of Interest. The Consultant covenants that neither he nor his
employees have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement. The
Consultant further covenants that it will not hire anyone or any entity having such a conflict
of interest during the performance of this Agreement.
12. No Insurance. It is understood the City and the County does not maintain liability
insurance for the Consultant and its officers, directors, employees and agents.
13. Indemnification.
a. The Consultant agrees to hold harmless, indemnify and defend the City and the
County, its elected officials, officers, employees and agents from and against any and all
suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees) which result from or arise out of the negligence of the
Consultant, its officers, agents, employees or subcontractors in connection with or incidental
to the performance or non-performance of this Agreement.
b. In the event that both the Consultant and the City and/or the County are
negligent, each party shall be liable for its contributory share of negligence for any resulting
suits, actions, claims, liability, damages, judgments, costs and expenses (including
reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Consultant's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the Consultant's
employees. The parties acknowledge that these provisions were specifically negotiated and
agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
e. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
Page 3 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
14. Insurance Provided by Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City and the County with a
certificate of insurance as evidence of professional liability coverage with a limit of at least
One Million Dollars ($1,000,000.00) for each wrongful act and an annual aggregate limit of
at least Two Million Dollars ($2,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number and when the policy and provisions
provided are in effect. The insurance shall be with an insurance company rated A -VII or
higher in Best's Guide and admitted in the State of Washington. If the policy is on a claims
made basis, the retroactive date of the insurance policy shall be on or before the date this
contract is executed by both parties hereto, or shall provide full prior acts coverage. The
insurance coverage shall remain in effect during the term of this Agreement and for a
minimum of three (3) years following the termination of this Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City and the County with a
certificate of insurance as proof of commercial liability insurance with a minimum liability
limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and
property damage. The certificate shall clearly state who the provider is, the amount of
coverage, the policy number and when the policy and provisions provided are in effect.
Said policy shall be in effect for the duration of this Agreement. The policy shall name the
City and the County, its elected officials, officers, agents and employees as additional
insured and shall contain a clause that the insurer will not cancel or reduce in limits the
insurance without first giving the City and the County thirty (30) calendar days prior written
notice. The insurance shall be with an insurance company or companies rated A -VII or
higher in Best's Guide and admitted in the State of Washington.
c. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Consultant shall provide the City and the
County with a certificate of insurance as proof of commercial automobile liability insurance
with a minimum liability limit of One Million Dollars ($1,000,000.00) per
occurrence/aggregate limit bodily injury and property damage. The certificate shall clearly
state who the provider is, the amount of coverage, the policy number and when the policy
and provisions provided are in effect. Said policy shall be in effect for the duration of this
Agreement. The policy shall name the City and the County, its elected officials, officers,
agents and employees as additional insured and shall contain a clause that the insurer will
not cancel or reduce in limits the insurance without first giving the City and the County thirty
(30) calendar days' prior written notice. The insurance shall be with an insurance company
or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington.
d. Insurance Provided by SubConsultants. The Consultant shall ensure that all
subConsultants it utilizes for work/services required under this Agreement shall comply with
all of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Consultant and no person other than regular associates or employees of
the Consultant shall be engaged upon such work or services except upon written approval
of the City and the County.
Page 4 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not
be assigned or transferred in whole or in part by the Consultant to any other person or entity
without the prior written consent of the City and the County. In the event that such prior
written consent to an assignment is granted, then the assignee shall assume all duties,
obligations and liabilities of the Consultant stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination sixty (60) calendar days
prior to the termination date.
19. Severability. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO COUNTY:
TO CONSULTANT:
or to such other addresses as the parties
demands shall be sent by registered or
Such notices shall be deemed effective
specified above.
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
Richard A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
J. Rand Elliott
Chairman, County Commissioners
Yakima County
128 North Second Street
Yakima, WA 98901
Elizabeth Clark
Landau Associates
PO Box 4698
West Richland, WA 99353
may hereafter designate in writing. Notices and/or
certified mail, postage prepaid or hand delivered.
when mailed or hand delivered at the addresses
Page 5 of 8
January 15, 2009
21. Third Parties. The City and the County and the Consultant are the only parties to
this Agreement and are the only parties entitled to enforce its terms. Nothing in this
Agreement gives, is intended to give, or shall be construed to give or provide any right or
benefit, whether directly or indirectly or otherwise, to third persons.
22. Drafting of Agreement. Both the City and the County and the Consultant have
participated in the drafting of this Agreement. As such, it is agreed by the parties that the
general contract rule of law that ambiguities within a contract shall be construed against the
drafter of a contract shall have no application to any legal proceeding, arbitration and/or
action in which this Agreement and its terms and conditions are interpreted and/or enforced.
23. Integration. This written document and the attachments constitute the entire
Agreement between the City and the County and the Consultant. There are no other oral or
written agreements between the parties as to the subjects covered herein. No changes or
additions to this Agreement shall be valid or binding upon either party unless such change
or addition be in writing and executed by both parties.
24. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
27. Second Phase. The parties may amend this Agreement to continue work at the Air
Terminal as is necessary to implement proposed phase two underground storage tank
remedial investigation/feasibility study and clean-up required by law; and to proceed with
additional environmental activities that may include funding applications, studies and clean-
ups as directed by the City Manager and the City Engineer.
CITY OF YAKIMA
ByS,
R. A. Zais, ., City Manager
Page 6 of 8
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
YAKIMA COUNTY
By:
J. larSd Elliott, Chairman County
'Commissioners
Date: ,\C1Xdci
ATTEST:
tUA6, - A/10
Tiera L. Girard
Deputy Clerk of the Board
January 15, 2
YAKltijq CO
\�oP,•(oF wgsy/ %
2-'o i. -4•0=
=t-• •. L" •O=
ill . :•p:: �. `
Page 7 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
Lawrence Watters
Terry Au iii
Senior Assistant City Attorney Corpor to Counsel, Yakima County
LANDAU ASSOCIATES
By: pct -Q �"� --
Elizabeth Clark,
Associate/Project manager
Date: I / ')o / O ct
ATTEST:
City Contract No. IGb9-Date:
City Resolution No. R v?0O'/ /5
Page 8 of 8 January 15, 2009
Professional Services Agreement
City of Yakima - Yakima County
Landau Associates
EXHIBIT B
SCOPE OF WORK
LANDAU ASSOCIATES
ENVIRONMENTAL SUPPORT SERVICES
RICHARDSON AIRWAYS MODEL Toxics CONTROL ACT CLEANUP
The following services will be provided in accordance with the requirements of Consent Decree
No. 082048631 as filed in the State of Washington Yakima County Superior Court - State of Washington,
Department of Ecology, Plaintiff v. City of Yakima, County of Yakima, Defendants and changes and
amendments. In the event that project conditions and changes in regulatory requirements, including
amendments to the consent decree, require a different level of effort than assumed, Landau Associates
will notify the City of Yakima/Yakima County for approval of any scope or budget modifications that
may be necessary.
TASK 1 - INITIAL FILE REVIEW AND WORK PLAN PREPARATION
The initial project review and work plan preparation task will include:
• File Review. Landau Associates will review Ecology files for the Richardson Airways Site. This
information will be used to develop the work plans and other documents described below.
Landau Associates assumes that the file review will include one visit to Ecology's Yakima file
room.
• Airport Security Clearance. Key personnel will go through airport security training. Based on
discussions with the airport, we understand that security training will take approximately 2 hours
per individual and that our subcontractors will not be required to go through the training. Landau
Associates assumes that up to three employees will participate in the training in Yakima and
onsite training will be no more than 2 hours in duration.
• Draft Work Plans. In accordance with the Consent Decree, several documents will be prepared
and submitted to Ecology for review and approval prior to commencing field work. These
documents, and the related administrative code, include:
o Engineering Design Report - per WAC 173-340-400(4)(a)
o Health and Safety Plan - per WAC 173-340-810
o Sampling and Analysis Plan (Initial Sampling) - per WAC 173-340-820
o Compliance Monitoring Plan (Confirmation Sampling) - Per WAC 173-340-410(3)
o Quality Assurance Plan - per WAC 173-340-400(4)(b)(v)
o Project Schedule
Landau Associates assumes that draft versions of each of the above -listed documents will be
submitted to the City/County of Yakima for review and comment, and that only one round of
revisions will be performed after receipt of comments from the City/County.
• Final Work Plans. Final Work Plans will be prepared that incorporate Ecology review
comments. Landau Associates assumes that no more than one round of comments will be
received from Ecology.
1/14/09\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\B- Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B
1
o Project Management and Meetings Task 1. For Task 1 it is assumed that there will be two
meetings in Yakima with the City and County and/or Ecology, as appropriate that will be
attended by the Landau Associates project manager.
1/14/09\\Edmdata\sharedoc\000proposal\C_Yaktma\2008-07 Richardson Airway MICA Cleanup\Revisions 011309\8- Scope of Services For Environmental Support Services 1_13_09.doc
LANDAU ASSOCIATES
EXHIBIT B
2
TASK 2 - INITIAL SAMPLING AND DATA REPORTING
The scope of the field investigation will include:
• Soil Sampling. Advance up to 15 direct -push soil borings to a depth of 9 feet across the area of
impact. Samples will be collected from 3 discreet depth intervals (approximately 1 to 3, 4 to 6,
and 7 to 9 feet below ground surface [BGS]) from each soil boring. The coordinates of each
boring will be collected during the field investigation using a handheld GPS unit. Landau
Associates assumes the following regarding this task:
o The detailed file review will not yield information that would suggest that additional
sampling will be required (e.g., deeper, more frequent, or over a larger area) beyond the
identified area of impact above
o A standard direct -push drill rig will be sufficient to reach the target depth of 9 feet BGS
(i.e., no additional or alternate drilling equipment, such as hollow stem auger, will be
needed).
o Advancing 10 to 15 soil borings will require no more than two 10 -hour work days.
o Advancing 10 to 15 soil borings and associated sampling and analysis will yield
sufficient data to adequately determine the lateral and vertical extent of remaining
pesticide impacted soil to be excavated.
o Work will be completed in Level D personal protective equipment (PPE).
• Soil Analysis. Up to 3 samples will be collected from 3 discreet depth intervals from each soil
boring and analyzed for organochlorine and organophosphate pesticides by EPA Methods 8081A
and 8151, respectively.
• Data Report. Preparation of a Summary Report for submittal to Ecology. Landau Associates
assumes that a draft version will be submitted to the City/County of Yakima for review and
comment, and a final version will be submitted to Ecology (it is assumed that no revisions will be
required by Ecology).
• Project Management and Meetings Task 2. It is assumed that there will be no meetings
associated with this task that will require Landau Associates' participation.
1/14/09\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\R- Scope of Services For Environmental Support Se vices_I 13_09.doc
LANDAU ASSOCIATES
EXHIBIT B
3
TASK 3 - CONSTRUCTION OVERSIGHT FOR SITE EXCAVATION, SAMPLING, AND BACKFILL
The results of the initial soil sampling will be used to develop the preliminary estimate of the extent of
soil to be excavated. For purposes of this scope of work it is assumed that 4,000 cubic yards of soil will
be excavated (the estimated volume in the Cleanup Action Plan). Actual excavation and disposal
quantities may vary from this estimated amount. It is Landau Associates' understanding that the City and
County will solicit bids for the excavation contractor and contract directly with both the excavation
contractor for site construction work and the selected landfill for the transportation and disposal of the
soil, and that the City and County will provide soil for backfill. Based on these parameters and
assumptions, Landau Associates tasks will include:
• Bidding Support. Landau Associates will assist the City/County by preparing the technical
components of the construction plans and technical specifications and construction cost estimate
to enable the City/County to select an excavation contractor and to meet the requirements of
WAC 173-340-400(4)(b) (Construction Plans and Specifications). Landau Associates will assist
the City and County with contractor selection as needed; however, it assumed that:
o City/County will manage the overall bidding process, including preparation of the general
specifications
o City/County will obtain all necessary City permits for construction work
o Contractors will he responsible for preparation of a stormwater pollution prevention plan
and for compliance with any WSDOT hauling requirements
o The disturbed portion of the site is Tess than 1 acre and will therefore, not require a
stormwater construction permit
o No New Source Review will be required by YRCAA.
• Construction Oversight. Landau Associates will provide oversight of the selected excavation
contractor and quality assurance as follows:
o Soil Excavation. Landau Associates will oversee and provide guidance for the
excavation of pesticide -contaminated soil based on limits determined from the review of
previous data and the results of current investigation activities (Task 2). Landau
Associates will determine the horizontal excavation limits using laboratory data cross
referenced with GPS coordinates (interpolated between data points), and previously
collected data where adequate location information is available. The vertical excavation
limits will be determined by supporting laboratory data and interpolation between data
points. Landau Associates assumes that the field labor require for excavation oversight
provided will be commensurate with the excavation up to 4,000 cubic yards of
impacted soil.
o Transport and Disposal. Landau Associates assumes that the excavation contractor will
coordinate transport and disposal of the contaminated soil to an appropriately permitted
landfill; however, Landau Associates will provide technical support as needed, such as
the coordination of waste characterization and profiling, and submission of paperwork to
the selected disposal facility necessary for disposal authorization.
o Confirmation Sampling. Per the requirements of WAC 173-340-410, Landau
Associates will perform confirmation soil sampling at the extent of the excavation to
ensure that soil impacted with pesticides above the designated cleanup levels has been
removed from the site. For the purposes of this scope of services and estimated budget,
Landau Associates assumes that a systematic confirmation sampling scheme will require
1/14/09\\Edmdata\sharedoc\000proposal\C_Yaluma\2008-07 Richardson Airway MICA Cleanup\Revisions 011309\B- Scope of Services For Environmental Support Services 1_l3_09.doc
LANDAU ASSOCIATES
EXHIBIT B
4
that 37 confirmation samples be initially collected and up to 25 percent additional
samples be collected to confirm the final limits of the excavation. Standard laboratory
processing time is assumed. This systematic approach will consist of grid sampling on
40 foot centers across the floor of the excavation, and sidewall samples collected every
50 feet around the perimeter of the excavation. Confirmation samples will be analyzed
for organochlorine and organophosphate pesticides by EPA Methods 8081A and 8151,
respectively.
o Site Backfill. Landau Associates will oversee the backfilling and compaction of the
excavation with City and County supplied backfill material (after completion of
confirmation sampling and a determination that no further excavation is required). Prior
to placement of backfill into the excavation, Landau Associates will perform
environmental sampling and geotechnical review of the material to ensure that it is from
a "clean" source and meets necessary engineering criteria for future site development.
Backfill soil samples shall be analyzed for metals (Method 6010), hydrocarbons (by
Method NWTPH-Gx and Dx), pesticides, and herbicides. Landau Associates assumes
collection and analysis will occur at a rate of 2 samples for the first 1,000 cubic yards and
1 sample for every additional 2,000 cubic yards [estimated 4 samples total]). During
placement and compaction of the backfill, Landau Associates will perform geotechnical
testing.
• Project Management and Meetings Task 3. For task 3 it is assumed that there will be two
meetings in Yakima that will be attended by the Landau Associates project manager:
1. A kickoff meeting with the City and County and the selected excavation contractor; and
2. A preconstruction meeting with the City and County and the selected contractors
(excavation, hauling and disposal) as necessary
1/14/09\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\B- Scope of Services For Environmental Support Smices 1_13_09 doc
LANDAU ASSOCIATES
EXHIBIT B
5
TASK 4 - PROGRESS AND FINAL REPORTS
• Monthly Progress Reports. Monthly progress reports shall be prepared in accordance with
Section X[ of the Consent Decree. It is assumed that up to ten progress reports will be prepared
• Draft Final Remediation Report/Construction Documentation. The Draft Final Remediation
Report and requested copies, containing as built documentation required by WAC 173-340-
400(6)(b), shall be completed and submitted to Ecology.
• Final Report. A Final Remediation Report incorporating Ecology review comments will be
completed and submitted to Ecology within 90 days of receiving final laboratory results from
confirmation sampling.
• Retention of Records. Landau Associates will preserve all records in accordance with the
requirements of Section XII. of the Consent Decree.
• Project Management and Meetings Task 4. We are assuming that there will be one meeting in
Yakima with the City and County and Ecology that will be attended by the Landau Associates
project manager to discuss the final results.
I/14/09\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Agway MTCA Cleanup\Revisions 011309\43- Scope of Services For Environmental Support Services I I3 09 doc
LANDAU ASSOCIATES
EXHIBIT B
6
Classification
EXHIBIT C - PAY RATES
HOURLY COMPENSATION RATES
LANDAU ASSOCIATES, INC.
Hourly
Compensation
Rate2
Principal $ 55.00
Senior Associate $ 51.00
Associate $ 46.00
Senior $ 37 00
Senior Project $ 33.00
Project $ 27 00
Senior Staff $ 24.00
Staff $ 22.00
Assistant $ 18.00
Technician $ 16.00
CADD $ 24.00
Project Coordinator $ 23.00
Word Processor $ 15.00
Support Staff $ 15 00
1 Hourly Compensation used for calculation of the direct salary cost (dsc). See Exhibit D
22008 rates have been extended into 2009 Compensation is subject to adjustment. The City/County will
be notified of any changes and rates will be renegotiated as appropriate
Landau Associates
\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\Exhibit C - Pay Rates -LAI Comp and Lab 1_13_09 Exhibit C
EXHIBIT C - PAY RATES (CONT)
ANALYTICAL LABORATORY RATE SUMMARY
ANALYTICAL RESOURCES, INC.1 TUKWILA, WASHINGTON
Analyses Category
Analyses2
Method
Unit Cost 3
Herbicides
Pesticides
Total Petroleum -Diesel Range / Heavy Oil
Total Petroleum Hydrocarbons -Gasoline Range
Resource Conservation Recover Act
Toxicity Characteristic Lechate Procedure
Polychlorinated Biphenyls
TPH-D/TPH-0
TPH-G
Total RCRA Metals
TCLP Metals
PCBs
8151
8081A
NWTF'H-Dx
NWTPH-Gx
6010/7470
6010/7470 4
8082
$ 140 00
$ 120 00
$ 55 00
$ 55.00
$ 120 00
$ 175 00
$ 100 00
' The analytical laboratory may be subject to change based on project needs and Ecology review Landau Associates will provide the
City/County revised pay rates if a different laboratory is selected.
2 Analyses are listed as their common abbreviation.
3 Costs are based on standard laboratory processing time frames. Additional fees may apply for accelerated turn around times.
With TCLP extraction.
Landau Associates
\\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MICA Cleanup\Revisions 011309\Exhibit C - Pay Rates -LAI Comp and Lab 1_13_09 Exhibit C
EXHIBIT C - PAY RATES (CONT)
EQUIPMENT & SUPPLIES RATE SCHEDULE - 2009
-Lost 4,am, ,'h'''t inn,
ARafe ,c ..:
* ,Univ.
Daily Field Equipment Charges
20.00
Day
Air Compressor
40 00
Day
Air Velocity Meter
50.00
Day
Anderson Sampler
70 00
Day
Archaeology Field Kits
10.00
Day
Archaeology Subsurface Kit
25.00
Day
Autolevel w/Tripod and Rod
15.00
Day
Bailer- Stainless Steel PVC
10.00
Day
Beach Seine
75.00
Day
Benthic Sieving Equipment
45.00
Day
Camera - Video
35.00
Day
Videocassette
10.00
Each
Camera - 35 mm
10.00
Day
Film (35 mm)
5.00
Each
Camera - Digital
10.00
Day
Computer, Portable
35.00
Day
Density Equipment - Nuclear Densometer
50.00
Day
Density Equipment - Sand Cone
20 00
Day
Ekman Grab
45.00
Day
Ensys Field Test Kit - PCB/TPH
100 00
Day
Fathometer
20 00
Day
Flow Cell - Low Flow
5.00
Day
Flow Restrictor
15.00
Day
Generator - Honda EZ3500
50.00
Day
GPS - Trimble ProXRS/ GeoXT
110.00
Day
Groundwater Datalogger
40.00
Day
Hand Level
5.00
Day
Kemmerer Sampler
40.00
Day
Magnehelic Gauge Set
30 00
Day
Meter- Dissolved Oxygen
40.00
Day
Meter- HAM Aerosol Monitor
60.00
Day
Meter - YSI Multi GW Sensor
75 00
Day
Meter - LEUH2S/02-MultiGas
75 00
Day
Meter - pH/Cond./Temp Cole Parmer-10
30.00
Day
Meter- PIDs
60.00
Day
Meter - ORP / Turbidity
30 00
Day
"No Park" Signs
2.00
Day
Oil -Water Interface Indicator
60.00
Day
Peat Probe
5.00
Day
Poly Tank or Drum
10.00
Day
Pump -Bladder
40.00
Day
Bladder Pump Controller
60 00
Day
Pump - Draeger or Sensidyne
10 00
Day
Pump - Honda
35.00
Day
Pump - Peristaltic
35 00
Day
Pump - Purge 12 Volt
15.00
Day
Pump - Redi Flow 2
100.00
Day
Pump - Redi Flow Controller
30.00
Day
Respirator
5.00
Day
Scale - Field Gram and Pound
5.00
Day
Shop Vac
25.00
Day
Soil Hand -Auger Equipment
15.00
Day
Soil Split -Barrel Sampler Kit (Dames & Moore)
25.00
Day
Soil Samples (Rings) - each
6.00
Each
Stream Dip Net
5 00
Day
Surber Benthic Sampler
50.00
Day
Surge Blocks
3 00
Day
Traffic Cones
2.00
Day
Traffic Signs (Shoulder Road Work)
50.00
Day
Vane Shear Equipment
40 00
Day
Water Infiltration Testing Equipment
20.00
Day
Water Level Indicator
25 00
Day
Weed Whacker/ Brush Cutter
20.00
Day
Wetland Field Kit
30.00
Each
FIELD SUPPLIES `" j` �'; ''?ts` ' "`' `'' ' `3' �'
;•'Rate ($)
>;Unit`-
Absorbent Pads (18" x 18")
0 75
Each
Bailer - Rope
0.10
Foot
Brass Lock
10.00
Each
Buckets with Lids
5.00
Each
Cloth Sample Bag - Small
0 70
Each
Cloth Sample Bag - Large
3.00
Each
Disposable Bailer - Regular
8.00
Each
Locks
10.00
Each
Locking Well Seal (2 -inch)
13.00
Each
Free Product Sampler
3.00
Each
Groundwater Filter (40 micron)
17 00
Each
Peristaltic - Tubing Union Fittings
2.30
Each
Peristaltic - Master Flex Tubing
5.00
Foot
Peristaltic - Poly Tubing % inch
0.35
Foot
Peristaltic - Poly Tubing % inch
0 45
Foot
Peristaltic - Poly Tubing % inch
0.25
Foot
Peristaltic - Poly Tubing % inch
0.20
Foot
Shelby Tube Soil Seals
10.00
Each
Spray Marking Paint
5 00
Each
Soil Sample Chip Trays
4.00
Each
Survey Flagging
3.00
Each
Survey Stakes
0.60
Each
Tedlar Bags
16.00
Each
Wattera Foot Valve
25.00
Each
Wetland Stakes
10
Each
Zefon Spore Trap Media
10.00
Each
Easy Draw Syringe
2.25
Each
Encore Sampler
9.50
Each
Free Product Sampler
3 00
Each
MISCELLANEOUS -HEALTH & SAFETY ITEMS ,
'Rate($) ;
f °' Urnt 1
Gloves - Nitrile
0.20
Each
Gloves - Scorpio
6 50
Pair
Gloves - Solvex, Elbow
10.00
Pair
Gloves - Solvex, Standard
3.50
Pair
Protective Suit - Saranex
19 00
Each
Protective Suit - Tyvek
7.50
Each
Protective Boot Cover - Tyvek
0.50
Pair
Protective Boot Cover - PVC
6 00
Pair
Respirator Cartridge
10.00
Each
VEHICLES -
Rate ($)
' .Unit
Mileage
0.56
Mile
Vehicle Use
40.00
Day
1113/09 \\Edmdata\sharedoc\000proposal\C_Yakima\2008-07 Richardson Airway MICA Cleanup Revisions 011309\Exhibit C Equipment and Supplies Rate Schedule Page 3-4.doc
LANDAU ASSOCIATES
EXHIBIT C
EXHIBIT C — PAY RATES (CONT)
EQUIPMENT & SUPPLIES RATE SCHEDULE — 2009
LAB'UNITgRATES f�i__.,„,1,144„.1,04•40,1,4„t:4 y lryl.i f 1 R"-'1%
�'tft�a iw ate,(
Moisture Content
Unit Weight
Atterberg Limits
Sieve Analysis
Sieve Analysis — Large Sample
200 -Wash Sieve
Hydrometer
Combined Analysis
18 00
20.00
ate
95 00
80 00
120 00
45.00
110.00
180 00
Each
Each
Each
Each
Each
Each
Each
Each
Compaction Test
175 00
Each
AtFICE;AA s*} ; k+t* a t�,4 a l �i f r,� 'r`?. ; !
a Rate (S);*
'� UnliV,
Computer Use CAD Design/GIS
15 00
Hour
Advanced Engineering Software
20 00
Hour
Copies
0.12
Page
Copies — Color
0.50
Page
Plotter Copies — B&W
1.25
Sq Ft
Plotter Copies — Color
2.50
Sq Ft
CDs/DVDs
2.00
Each
Report Combs/Covers
4.00
Set
Weekly/monthly rates can be established upon request for extended uses. Charges for other special equipment and supplies are to be determined on
an as -needed basis.
1/13/091lEdmdatalsharedoc\000proposal\C_Yakima1.2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\Exhibit C Equipment and Supplies Rate Schedule Page 3-4 doc
LANDAU ASSOCIATES
EXHIBIT C
EXHIBIT D - PAYMENT SCHEDULE
FEE DETERMINATION SUMMARY
LANDAU ASSOCIATES, INC.
PROJECT NAME.
Richardson Airway Yakima, WA
Classification Task 1 Task 2 Task 3 Task 4 TOTAL
DIRECT SALARY COST (DSC) '"•
TOTAL DSC $ 11,420 $ 3,539 $ 15,713 $ 6,686 $ 37,358
OVERHEAD (OH COST - including salary additives):
01-1 Rate of 216.51 %t"I x DSC $ 24,725 $ 7,662 $ 34,020 $ 14,476 $ 80,884
FIXED FEE (FF).
FF Rate of 30% x DSC $ 3,426 $ 1,062 $ 4,714 $ 2,006 $ 11,207
REIMBURSABLES t`l.
TOTAL REIMBURSABLES $ 2,492 $ 1,070 $ 4,295 $ 2,362 $ 10,219
SUBCONSULTANTS.
Driller $ $ 5,000 $ - $
Utility Locate $ - $ 250 $ $
Analytical Laboratory $ $ 14,560 $ 17,520 $
TOTAL SUBCONSULTANTS with 8% Handling I°I $ - $ 21,395 $ 18,922 $ - $ 40,316
TOTAL CONSULTANT FEES $ 42,063 $ 34,728 $ 77,664 $ 25,530 $ 179,985
(a) Rates are calculated based on compensation rates as shown in Exhibit C times the number of estimated work hours.
(b) WSDOT approved OH rate.
(c) Reimbursables includes travel expenses, field equipment, reproduction, etc. See equipment and supplies rate schedule (Exhibit C).
(d) Subcontractor billing will be charged at a rate of cost plus a eight percent (8%) handling charge.
Landau Assodates
1/13/2009\\Edmdata\sharedoc\oo0proposal\C_Yakima\2008-07 Richardson Airway MTCA Cleanup\Revisions 011309\Exhibit D - Payment Schedule 1 13 09Exhibit D paFrnYtt4it D
Schedule 1_13_09 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
CONFORM AND RETURN„
O L E �= �.
DEC 2 6 2008
G lbs ".;....,.,�
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON, p
DEPARTMENT OF ECOLOGY, NO OS 2 n
Plaintiff, CONSENT DECREE
v.
CITY OF YAKIMA, COUNTY OF
YAKIMA,
Defendants.
TABLE' OF CONTENTS
I. INTRODUCTION 3
18 II JURISDICTION ........... 4
III. PARTIES BOUND 5
19 IV DEFINITIONS 5
V. FINDINGS OF FACTS 7
20 VI WORK TO BE PERFORMED
VII. DESIGNATED PROJECT COORDINATORS. ..
11
21 VIII PERFORMANCE 12
22 IX. ACCESS
.. 12
X. SAMPLING, DATA SUBMITTAL, AND AVAILABILITY ... 13
23 XI. PROGRESS REPORTS ... 14
XII RETENTION OF RECORDS . .. . 15
24 XIII. TRANSFER OF INTEREST IN PROPERTY .. 15
XIV RESOLUTION OF DISPUTES . . 15
25 XV. AMENDMENT OF DECREE......... 17
26 XVI. EXTENSION OF SCHEDULE... 18
CONSENT DECREE 1
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Dor 40117
Olympia, WA 98504-01 17
(360) 586-6770
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
XVII ENDANGERMENT 19
XVIII COVENANT NOT TO SUE . ... .......... .................. . ... 20
XIX. CONTRIBUTION PROTECTION . 22
XX LAND USE RESTRICTIONS ........... „ . ..,, .. 22
XXI. FINANCIAL ASSURANCES 22
XXII. INDEMNIFICATION .... 23
XXIII. COMPLIANCE WITH APPLICABLE LAWS 23
XXIV REMEDIAL ACTION COSTS ., .. 25
XXV. IMPLEMENTATION OF REMEDIAL ACTION 25
XXVI PERIODIC REVIEW 26
XXVII. PUBLIC PARTICIPATION.. 26
XXVIII.DURATION OF DECREE .•... 27
XXIX. CLAIMS AGAINST THE STATE 28
XXX. EFFECTIVE DATE 28
XXXI. WITHDRAWAL OF CONSENT 28
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E•
Cleanup Action Plan •
Site Diagrams
Scope of Work and Implementation Schedule
Public Participation Plan
Ground Water Sampling Data Submittal Requirements
CONSENT DECREE 2
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
POBox 40117
Olympia, WA 98504-0117
(360)536-6770
1
2
3
4
5
6
7
8
9
10
11
12
I. INTRODUCTION
A. The mutual objective of the State of Washington, Department of Ecology
(Ecology) and the Defendants (City of Yakima and the County of Yakima) under this Decree is
to provide for remedial action at a facility where there has been a release or threatened release
of hazardous substances This Decree requires Defendants to develop a Cleanup Action Plan
(CAP) (attached as Exhibit A) and then implement that Plan to remediate the contaminated
soils in the "washdown area" of Richardson Airways As more fully described in the CAP, this
Decree requires the Defendants to exc.avate and remove the contaminated soils at the Yakima
Air Terminal (Richardson Airways, Inc.). Documentation of the remediation shall be
submitted to Ecology in a completion report.
Ecology has determined that these actions. are necessary to protect human health and
the environment.
13 ' B. The Complaint in this action is being filed simultaneously with this Decree. An
14 Answer has not been filed, and there -has not been a trial on any issue of fact or law in this. case.
15 However, the Parties wish to resolve the issues raised by Ecology's Complaint. In addition, .
16 the Parties agree that settlement of these matters without litigation is reasonable and in 'the
17 public interest, and that entry of this Decree is the most appropriate means of resolving these
18 matters
19 C Ecology entered into a prior Consent Decree with the City of Yakima, Yakima
20 County and Ralph Richardson, which was filed m Yakima County Superior Court under cause
21 number 97-2-01092-5 ("the Prior Consent Decree") The City of Yakima, County of Yakima
22 and Ecology will jointly move to dismiss the Prior Consent Decree only against Defendants
23 City of Yakima and County of Yakima. The dismissal of City of Yakima and the County of
24 Yakima under the Prior Consent Decree will not apply to Ralph Richardson Any monitoring
(1
25 or operation and maintenance work not completed by the City of Yakima and County of
26 Yakima under the Prior Consent Decree will be addressed in the Cleanup Action Plan to this
CONSENT DECREE 3
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO 13os 40117
Olympia, WA 98504-0117
(360) 586-6770
1 Decree. This Consent Decree will supersede the prior Agreed Order made between Ecology,
2 Richardson Airways, Inc. and the Yakima Air Tenninal (DE 91TC-C455).
3 D By signing this Decree, the Parties agree to its entry and agree to be bound by
4 its teens
5 E By entering into this Decree, the Parties do not intend to discharge non -settling
6 parties from any liability they may have with respect to matters alleged in the Complaint. The
7 Parties retain the right to seek reimbursement, in whole or in part, from any liable persons for
8 sums expended under this Decree.
9 F This Decree shall not be construed as proof of liability or responsibility for any
10 releases of hazardous substances or cost for remedial action nor an admission of any facts;
11 provided, however, that .Defendants shall not challenge the authority of the Attorney General
12 and Ecology to enforce this Decree.
13 G. The Court is fully advised of the reasons for entry of this Decree, and good
14 cause having been shown:
15 Now, therefore, it is HEREBY ORDERED, ADJUDGED, AND DECREED as follows:
II. JURISDICTION
17 A. This Court has jurisdiction over the subject matter and over the Parties pursuant
18 to the Model Toxics Control Act (MTCA), Chapter 70.105D RCW.
19 B. Authority is conferred upon the Washington State Attorney General by RCW
20 70.105D.040(4)(a) to agree to a settlement with any potentially liable person (PLP) if, after
21 public notice and any required hearing, Ecology finds the proposed settlement would lead to a
22 more expeditious cleanup of hazardous substances. RCW 70.105D 040(4)(b) requires that
23 such a settlement be entered as a Consent Decree issued by a court of competent jurisdiction.
24 C. Ecology has determined that a release or threatened release of hazardous
25 substances has occurred at the Site that is the subject of this Decree
16
26
CONSENT DECREE 4
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO 13ox 40117
Olympia, WA 98504-0117
(360) 586-6770
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
D. Ecology has given notice to Defendants of Ecology's determination that
Defendants are PLPs for the Site, as required by RCW 70.105D.020(21) and WAC
173-340-500.
E The actions to be taken pursuant to this Decree are necessary to protect public
health and the environment.
F. This Decree has been subject to public notice and comment.
0. Ecology finds that this Decree will lead to a more expeditious cleanup of
hazardous substances at the Site in compliance with the cleanup standards established under
RCW 70.105D.030(2)(e) and Chapter 173-340 WAC.
H. Defendants have agreed to undertake the actions specified in this Decree and
• consents to the entry of this Decree under MTCA.
III. PARTIES BOUND
- This Decree shall apply to and be binding upon the Parties to this Decree; their
successors and assigns. The undersigned representative of each party hereby certifies that he
of she is fully authorized to enter into this Decree and to execute and legally bind such party to
comply with this Decree. Defendants agree to undertake all actions required by the terms and
conditions of this Decree. No change in ownership or corporate status shall alter Defendants'
responsibility under this Decree. Defendants shall provide a copy of this Decree to all agents,
contractors, and subcontractors retained to perforin work required by this Decree, and shall
ensure that all work undertaken by such agents, contractors, and subcontractors complies with
this Decree.
IV. DEFINITIONS
Unless otherwise specified herein, all definitions m RCW 70 105D 020 and
24 WAC 173-340-200 shall control the meanings of the terms in this Decree
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CONSENT DECREE 5
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
1'OBox 40117
Olympia, WA 98504-0117
(360) 586-6770
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A Site: The Site is referred to as the "washdown area" at Richardson Airways. It
is located near the southeast corner of the Yakima Air Terminal property adjacent to the
north/south taxiway of Runway No 34. Specifically, the Site location is defined as
Commencing at the Northwest comer of Section 2, T 12N., R. 18E:, W.M
Thence S 89° 53'29" E along line of the Northwest quarter of said section a
distance of 2013.08 feet; thence 00°25'05" E a distance of 1531.05 feet to a point
in the North-South fence line West of the North-South Runway, said point being
the True Point of Beginning. Thence N 00°25'05" W along said fence line, and -
the extension thereof a distance of 186.27 feet, thence N 89°02'42" E a distance
of 62.17 feet,
Thence N 03°01'46" E a distance of 77:20 feet,
Thence S 88°54'21" E a distance of 27.33 feet,
Thence S 03°42'46" E a distance of 263.63 feet,
Thence S 89°34'55" W a distance of 109 28 feet,
to the point of the beginning.
The Site is .more particularly illustrated in Exhibit B to this Decree, which are the Site
Diagrams. The Site constitutes a Facility under RCW 70 105D 020(5).
B. Parties: Refers to the State of Washington, Department of Ecology, and the
City of Yakima and the County of Yakima.
C Defendants: Refers to the City of Yakima and the County of Yakima.
D Consent Decree or Decree. Refers to this Consent Decree and each of the
exhibits to this Decree. All exhibits are integral and enforceable parts of this Consent Decree.
The teens "Consent Decree" or "Decree" shall include all exhibits and figures to this Consent
Decree
CONSENT DECREE 6
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-01 17
(360) 586-6770
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V. FINDINGS OF FACTS
Ecology makes the following findings of fact without any express or implied
admissions of such facts by Defendants.
A. The City of Yakima and the County of Yakima are co-owners of the Yakima
Air Terminal property where the Facility is located The Facility name is Richardson Airways.
B. The Site is listed on the Department of Ecology's Hazardous Sites List as
"Richardson Airways" with the Facility Site ID No 442 The Site Hazard Ass.essinent ranking
for this Site is 2:
C. From approximately 1953 to 1992, Mr Ralph Richardson leased approximately
157,000 square feet of Yakima Airport property. Mr. Richardson operated Richardson
Airways, Inc., an aenal pesticide applicator service, on the Site for approximately 38 years
between 1954 and 1992. Operations at the facility include filling an applicator airplane spray
tank with pesticide solution, then upon completion of aerial spraying washing, cleaning and/or
rinsing the airplane tank at the "washdown site." This site was a small area of the lease
(17,000 sq. ft.). Waste water from the cleaning procedure was allowed to seep into the
surrounding soils and drain into nearby catch basins.
D. Surface soil samples were taken and analyzed from the washdown area in 1989
by Technico & Enviro Services Co Organochlonne pesticides were found in the soil in the
"washdown area". The following pesticides found in soil samples exceeded MTCA Method B
soil cleanup levels protective of groundwater (WAC 173-340-740(3)(a)(ii)(A)):
• Aldrin
• Chlordane
• DDT
• Dieldrin
Technico & Enviro Services also found the herbicide 2,4-D at concentrations above Method B
protective of groundwater.
CONSENT DECREE 7
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Dor 40117
Olympia, WA 98504-0117
(360) 586-6770
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E. In January of 1992, Ecology, Richardson Airways, Inc. and Yakima Air
Terminal entered into an Agreed Order (DE 91 TC -C455). The Yakima Air Terminal is co -
owned by the City of Yakima and the County of Yakima This Agreed Order required a RI/FS
be conducted of the soil in or near the "washdown area" and. "burn pit", and that a RI/FS work
plan and report and Health and Safety plan be submitted to Ecology. The Final RI/FS Work
Plan was submitted on October 5, 1992, and was accepted by Ecology.
F. A Remedial Investigation/Feasibility Study (RI/FS) was conducted from 1992
to 1993 in and adjacent to the "washdown area" by CH2M=Hi11. The RI soil samples found
numerous pesticides and herbicides in the soil to a depth of ten and one-half feet. CH2M-Hill
found the chlorinated herbicide dinoseb at a concentration above Method B protective of
groundwater. The following pesticides found in the soil samples exceeded MTCA Method B
soil cleanup levels protective of groundwater (WAC 173-340-740(3)(a)(ii)(A)):
• Aldrin
• DDD
• DDT
• Dieldrin
• Endosulfan I (alpha)
• Endosulfan II (beta)
• Endosulfan Sulfate
• Endrin
• Endrin Aldehyde
• Endrin Ketone
23 G. During the RI, four groundwater monitoring wells were installed in and adjacent
24 to the "washdown area" Three more groundwater monitoring wells were installed at the "burn
25 pit" All seven wells were sampled in 1992. Analyses found no groundwater pesticide or
26 herbicide contamination attributable to the "washdown area" or the "burn pit". Additional
CONSENT DECREE 8
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
1'O Box 40117
Olympia, WA 98504-01 17
(360) 586-6770
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groundwater samples were taken in 1994 and 1995 Those analyses found no groundwater
pesticide or herbicide contamination attributable to the "washdown area".
H On October 17, 1994, Ecology issued an Enforcement Order to Richardson
Airways, Inc and Yakima Air Terminal (DE 94-TCC437) This Enforcement Order required
Richardson Airways, Inc. and Yakima Au- Terminal to hire a consultant, submit to Ecology a
Cleanup Action Plan, implement the Cleanup Action Plan, and to submit progress reports and
laboratory results to Ecology Ecology rescinded this Enforcement Order by letter on October
18, 1994.
I. In May of 1997, Ecology, the City of Yakima, County of Yakima and Ralph
Richardson entered into a Consent decree (97-2-01092-5). The Consent Decree required that a
Restrictive Covenant be placed on the "washdown area" and the installation and sampling of
five new groundwater monitonng wells. A Restnctive Covenant was placed on the property
title for the "washdown area" on March 26, 1998. The Covenant placed property and
groundwater use constraints on the "washdown area". Five new monitoring wells were
installed in 1997. The seven 1992 RI/FS wells and the five 1997 Consent Decree wells were
sampled from September 9, 1997 to January 3, 2001. Analyses found no groundwater
pesticide or herbicide contamination attributable to the "washdown area" at Richardson
Airways.
J By letter of June 9, 2003, Ecology gave the Yakima Air Terminal permission to
remove three groundwater wells surrounding the "burn pit". Instead, the contractor removed
all twelve Site monitoring wells.
VI. WORK TO BE PERFORMED
This Decree contains a program, a total removal action of pesticide and herbicide
contaminated soils, designed to protect human health and the environment from the known
release, or threatened release, of hazardous substances or contaminants at, on, or from the Site.
CONSENT DECREE 9
AT'T'ORNEY GENERAL Of WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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A Yakima County and the City of Yakima shall submit a Draft Cleanup Action
Plan (D -CAP) and Draft Work Plan for Ecology review and comment. The D -CAP and Draft
Work Plan shall address and implement the removal action of contaminated soils from the
"washdown area" at Richardson Airways The Draft Work Plan shall include a Health and
Safety Plan for Ecology's review, and a soil Confirmation Sampling Plan for Ecology's review
and approval.
B. Yakima County and the City of Yakima shall submit a Final Cleanup Action
Plan (CAP) and Final Work Plan that incorporates Ecology's. written comments from the draft
submittal.
C. The Defendants shall implement the Work Plan by excavating contaminated
soils 'above MTCA Method B Levels which are protective of groundwater from the
"washdown area" and by transporting them to an accepting permitted landfill. Maximum
excavation shall be timed to occur as evidenced by low annual groundwater elevation levels in
nearby wells. All transported contaminated soil loads shall be covered.
D. The two catch basins on the periphery of the "washdown area" shall be cleaned,
or removed. and disposed of with the other contaminated soils.
E. The Defendants shall confirm the `clean' Site status from analyses of soil
confirmation samples from the excavation. Analyses shall be for all pesticides and herbicides
identified in Section V(D) and (F).
F. When soil confinnation analyses indicate that excavation of contaminated soils
that exceed MTCA Method B protective of groundwater is achieved, the excavation shall be
filled with clean fill, graded, and compacted to the satisfaction of the Yakima Air Terminal
G When soil confirmation analyses confirm that all contaminated soil above
MTCA Method B protective of groundwater has been removed, the March 26, 1998,
Restrictive Covenant may be removed from the property title.
CONSENT DECREE
10 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
l'O Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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H After fieldwork is completed, three copies of a Final Remediation Report shall
be submitted to Ecology.
1 Defendants agree not to perform any remedial actions outside the scope of this
Decree unless both Parties agree to modify the Work _Plan or the Implementation Schedule
(Exhibit A) to cover these actions. All work conducted by Defendants under this Decree shall
be done in accordance with Chapter 173-340 WAC unless otherwise provided herein.
VII. DESIGNATED PROJECT COORDINATORS
The project coordinator for Ecology is:
Mr. Richard Bassett
15 W. Yakima Avenue, Suite 200
Yakima, WA 98902-3452
(509)454-783.9
(fax) 509/575-2809
e-mail: rbas461ecy.wa.gov
The project coordinators for Defendants City of Yakima and Yakima County are:
Dave Zabell
Assistant City Manager
City of Yakima
129 N. 2d St.
Yakima, WA 98901
Telephone: (509) 575-6040
and
Doug Mayo
City Engineer
City of Yakima
129 N. 2d St.
Yakima, WA 98901
(509) 576-6678
Lawrence Watters
19 Senior Assistant City Attorney
City of Yakima
20 200 S. Third St.
Yakima, WA 98901
21 Telephone: (509) 575-6030
22 Each project coordinator shall be responsible for overseeing the implementation of this
23 Decree. Ecology's project coordinator will be Ecology's designated representative for the Site
24 To the maximum extent possible, communications between Ecology and Defendants and al]
25 documents, including reports, approvals, and other correspondence concerning the activities
26 performed pursuant to the terms and conditions of this Decree shall be directed through the
CONSENT DECREE 11
ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Dox 40117
Olympia, WA 98504-0117
(360)586-6770
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project coordinators. The project coordinators may designate, in writing, working level staff
contacts for all or portions of the implementation of the work to be performed required by this
Decree
Any party may change its respective project. coordinator Written notification shall be
given to the other party at least ten (10) calendar days prior to the change.
VIII. PERFORMANCE
All geologic and hydrogeologic work performed pursuant to this Decree shall be under
the supervision and direction of a geologist licensed in the State of Washington or under the
direct supervision of a professional engineer registered in the State of Washington, except as
otherwise provided for by Chapters 18.220 and 18.43 RCW.
All engineering work performed pursuant to this Decree shall be under the direct
supervision of a professional engineer registered in the State of Washington, except as
otherwise provided for by RCW 18.43.130.
All construction work performed pursuant to this. Decree shall be under the direct
supervision of a professional engineer or a qualified technician under the direct supervision of
a professional engineer. The professional engineer must be registered in the State of
Washington, except as otherwise provided for by RCW 18.43.130.
Any documents submitted containing geologic, hydrologic or engineering work shall be
under the seal of an appropriately licensed professional as required by Chapter 18.220 RCW or
RCW 18 43.130.
Defendants shall notify Ecology m writing of the identity of any engineer(s) and
geologist(s), contractor(s) and subcontractor(s), and others to be used in carrying out the terms
of this Decree, in advance of their involvement at the Site.
IX. ACCESS
Ecology or any Ecology authorized representative shall have full authority to enter and
freely move about all property at the Site that Defendants either own, control, or have access
rights to at all reasonable tines for the purposes of, inter alio. inspecting records, operation
CONSENT DECREE
12 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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logs, and contracts related to the work being performed pursuant to this Decree, reviewing
Defendants' progress in carrying out the terms of this Decree; conducting such tests or
collecting such samples as Ecology may deem necessary; using a camera, sound recording, or
other documentary type equipment to record work done pursuant to this Decree; and verifying
the data submitted to Ecology by Defendants Defendants shall make all reasonable efforts to
secure access rights for those properties within the Site not owned or controlled by Defendants
where remedial activities or investigations will be performed pursuant to this Decree. Ecology
.or any Ecology authorized representative shall give reasonable notice before entering any Site
property owned or controlled by Defendants unless an emergency prevents such notice. All
Parties who access the Site pursuant to this Section shall be subject to compliance with all
rules, regulations and standards of the Transportation Safety Adininistratiori (TSA), Federal
Aviation. Administration (FAA), Homeland Security, the Yakima Air Terminal, the City and
County of Yakima, including all applicable police, fire and public safety regulations. Ecology
employees arid their representatives shall not be required to sign any liability release or waiver
as a condition of Site property access.
X. SAMPLING, DATA SUBMITTAL, AND AVAILABILITY
With respect to the implementation of this Decree, Defendants shall make the results of
all sampling, laboratory reports, and/or test results generated by it or on its behalf available to
Ecology. Pursuant to WAC 173-340-840(5), all sampling data shall be submitted to Ecology
in both printed and electronic formats in accordance with Section XI (Progress Reports),
Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and/or any
subsequent procedures specified by Ecology for data submittal.
If requested by Ecology, Defendants shall allow Ecology and/or its authorized
representative to take split or duplicate samples of any samples collected by Defendants
pursuant to the implementation of this Decree Defendants shall notify Ecology seven (7) days
in advance of any sample collection or work activity at the Site Ecology shall, upon request,
CONSENT DECREE
13 AT'T'ORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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allow Defendants and/or its authorized representative to take split or duplicate samples of any
samples collected by Ecology pursuant to the implementation of this Decree, provided that
doing so does not interfere with Ecology's sampling. Without limitation on Ecology's rights
under Section IX (Access), Ecology shall notify Defendants prior to any sample collection
activity unless an emergency prevents such notice.
In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be
conducted by a laboratory accredited under Chapter 173-50 WAC for the specific analyses to
be conducted, unless otherwise approved by Ecology.
XI. PROGRESS REPORTS
Defendants shall submit to Ecology written monthly Progress Reports that describe the
actions taken during the previous month to implement the requirements of this Decree. The
Progress Reports shall include the following:
A. A list of on-site activities that have taken place during the month;
B. Detailed description of any deviations from required tasks not otherwise
documented in project plans or amendment requests;
C. Descnption of all deviations from the -Final Work Plan and Schedule, required
in Section VI (Work to be Performed), dunng the current month and any planned deviations in
the upcoming month;
D. For any deviations in the schedule, a plan for recovering lost time and
maintaining compliance with the schedule;
E All raw data (including laboratory analyses) received by Defendants during the
past month and an identification of the source of the sample, and
F. A list of deliverables for the upcoming month if different from the schedule.
All Progress Reports shall be submitted by the tenth (10t1i) clay of the month in which
they are due after the effective date of this Decree. Unless otherwise specified, Progress
CONSENT DECREE
14 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO 13ox 40117
Olympia, WA 98504-0117
(360) 586-6770
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Reports and any other documents submitted pursuant to this Decree shall be sent by certified
mail, return receipt requested, to Ecology's project coordinator.
XII. RETENTION OF RECORDS
During the pendency of this Decree, and for ten (10) years from the date this Decree is
no longer in effect as provided in Section XXVIII (Duration of Decree), Defendants shall
preserve all records, reports, documents, and underlying data in its possession relevant to the
implementation of this Decree and shall insert a similar record retention requirement into all
contracts with -project contractors and subcontractors. Upon request of Ecology, Defendants
shall make all records available to Ecology and allow access for review within a reasonable
time.
XIII. TRANSFER OF INTEREST IN PROPERTY
No voluntary conveyance or relinquishment •of title, easement, leasehold, or other
interest in any portion of the Site shall be consummated by Defendants without provision for
continued operation and Maintenance of any containment system, treatment system, and/or
monitonng system installed or implemented pursuant to this Decree.
Prior to .a Defendant's transfer of any interest in all or any portion of the Site, and
during the effective period of this Decree, said Defendant shall provide a copy of this Decree
to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest;
and, at least thirty (30) days prior to any transfer, Defendant shall notify Ecology of said
transfer Upon transfer of any interest, said Defendant shall restrict uses and activities to those
consistent with this Consent Decree and notify all transferees of the restrictions on the use of
the property.
XIV. RESOLUTION OF DISPUTES
A. In the event a dispute arises as to an approval, disapproval, proposed change, or
other decision or action by Ecology's project coordinator, or an itemized billing statement
CONSENT DECREE
15 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 913504-0117
(360) 586-6770
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under Section XXIV (Remedial Action Costs), the Parties shall utilize the dispute resolution
procedure set forth below.
I Upon receipt of Ecology's project coordinator's written decision, or the
itemized billing statement, Defendants have fourteen (14) days within which to notify
Ecology's project coordinator in writing of its objection to the decision or itemized
statement.
2 The Parties' project coordinators shall then confer in an effort to resolve
the dispute. If the project coordinators cannot resolve the dispute within fourteen (14)
days, Ecology's project coordinator shall issue a written decision.
3. Defendants may then request regional management review of the
decision. This request shall be submitted in wnting to the Central Region Toxics
Cleanup Program Section Manager within seven (7) days of receipt of Ecology's
project coordinator's written decision.
4. Ecology's Regional Section Manager shall conduct a review of the
dispute:and shall endeavor to issuea written decision regarding the dispute within thirty
(30) days of a Defendant's request for review.
5. If a Defendant finds Ecology's Regional Section Manager's decision
unacceptable, Defendants inay then request final management review of the decision.
This request shall be submitted in writing to the Toxics Cleanup Program Manager
within seven (7) days of receipt of the Regional Section Manager's decision.
6 Ecology's Toxics Cleanup Program Manager shall conduct a review of
the dispute and shall endeavor to issue a written decision regarding the dispute within
thirty (30) days of Defendant's request for review of the Regional Section Manager's
decision The Toxics Cleanup Program Manager's decision shall be Ecology's final
decision on the disputed matter.
CONSENT DECREE
16 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
1 B. If Ecology's final written decision is unacceptable to Defendants, Defendants
2 have the right to submit the dispute to the Court for resolution. The Parties agree that one
3 judge should retain jurisdiction over this case and shall, as necessary, resolve any dispute
4 arising under this Decree In the event Defendants present an issue to the Court for review, the
5 Court shall review the action or decision of Ecology on the basis of whether such action or
6 decision was arbitrary and capricious and render a decision based on such standard of review.
7 C. The Parties agree to only utilize the dispute resolution process in good faith and
8 agree to expedite, to the extent possible, the dispute resolution process whenever it is used.
9 Where either party utilizes the dispute resolution process in bad faith or for purposes of delay,
10 the other party may seek sanctions.
11 D. Implementation Of these dispute resolution procedures shall not provide a basis
12 .for delay of any activities required in this Decree, unless Ecology agrees in writing to a
13 schedule extension or the Court so orders.
14 XV.' AMENDMENT' OF DECREE
15 The project coordinators may agree to minor changes to the work to 'be .performed
16 without formally amending this Decree. Minor changes will be documented in writing by
17 Ecology
18 Substantial changes to the work to be performed shall require formal amendment of this
19 Decree. This Decree may only be formally amended by a written stipulation among the Parties
20 that is entered by the Court, or by order of the Court. Such amendment shall become effective
21 upon entry by the Court. Agreement to amend the Decree shall not he unreasonably withheld
22 by any party
23 Defendants shall submit a written request for amendment to Ecology for approval.
24 Ecology shall indicate its approval or disapproval in writing and in a timely manner after the
25 written request for amendment is received If the amendment to the Decree is a substantial
26 change, Ecology will provide public notice and opportunity for comment. Reasons for the
CONSENT DECREE
17 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO 13os 40117
Olympia, WA 98504-0117
(360) 586-6770
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disapproval of a proposed amendment to the Decree shall be stated in writing. If Ecology does
not agree to a proposed amendment, the disagreement may be addressed through the dispute
resolution procedures described in Section XIV (Resolution of Disputes)
XVI. EXTENSION OF SCHEDULE
A. An extension of schedule shall be granted only when a request for an extension
is submitted in a timely fashion, generally at least thirty (30) days prior to expiration of the
deadline for which the extension is requested, and good cause exists for granting the extension.
All extensions shall be requested in writing. The request shall specify:
9 1. The deadline that is sought to be extended;
10 2. The length of the extension sought;
11 3. The reason(s) for the extension; and
12 4. Any related deadline or schedule that would be affected if the extension
13 were granted.
14 B. The burden shall be on Defendants to demonstrate to the satisfaction of Ecology
15 that the request for such extension has been submitted in a timely fashion and that good cause
16 • exists for granting the extension. Good cause may include, but may not be limited to:
17 1. Circumstances beyond the reasonable control and despite the due
18 diligence of Defendants including delays caused by unrelated third parties or Ecology,
19 such as (but not limited to) delays by Ecology in reviewing, approving, or modifying
20 documents submitted by Defendant;
21 2 Acts of God, including fire, flood, blizzard, extreme temperatures,
22 stone, or other unavoidable casualty; or
23 3 Endangerment as described in Section XVII (Endangerment)
24 However, neither increased costs of performance of the terms of this Decree nor
25 changed economic circumstances shall be considered circumstances beyond the reasonable
26 control of Defendant.
CONSENT DECREE
18 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO I3ox 401 17
Olympia, WA 98504-0117
(360) 586-6770
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C. Ecology shall act upon any written request for extension in a timely fashion.
Ecology shall give Defendants written notification of any extensions granted pursuant to this
Decree. A requested extension shall not be effective until approved by Ecology or, if required,
by the Court Unless the extension is a substantial change, it shall not be necessary to amend
this Decree pursuant to Section XV (Amendment of Decree) when a schedule extension is
granted.
D. An extension shall only be granted for such period of time as Ecology
determines is .reasonable under the circumstances. Ecology may grant schedule extensions
exceeding ninety (90) days only as a result of:
1. Delays in the issuance of a necessary pennit which was applied for in a
timely manner;
2. Other circumstances deemed exceptional or extraordinary by
Ecology; or
3. 'Endangerment as described in Section XVII (Endangerment).
XVII. ENDANGERMENT
In the event Ecology determines that any activity being performed at the Site is creating
or has the potential to create a danger to human health or the environment, Ecology may direct
Defendants to cease such activities for such period of time as it deems necessary to abate the
danger. Defendants shall immediately comply with such direction
In the event Defendants determine that any activity being performed at the Site is
creating or has the potential to create a danger to human health or the environment, Defendants
may cease such activities. Defendants shall notify Ecology's project coordinator as soon as
possible, but no later than twenty-four (24) hours after making such determination or ceasing
such activities. Upon Ecology's direction, Defendants shall provide Ecology with
25 documentation of the basis for the determination or cessation of such activities. If Ecology
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CONSENT DECREE
19 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
I'O Box 401 17
Olympia, WA 98504-0117
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disagrees with Defendants' cessation of activities, it may direct Defendants to resume such
activities.
If Ecology concurs with or orders a work stoppage pursuant to this Section,
Defendants' obligations with respect to the ceased activities shall be suspended until Ecology
determines the danger is abated, and the time for performance of such activities, as well as the
time for any other work dependent upon such activities, shall be extended, in accordance with
Section XVI (Extension of Schedule), for such period of time as Ecology determines is
reasonable under the circumstances.
Nothing in this Decree shall limit the authority of Ecology, its employees, agents, or
contractors to take or require appropriate action in the event of an emergency.
XVIII. COVENANT NOT TO SUE
A. Covenant .Not to Sue: In consideration of Defendants' compliance with the
terms and conditions of this Decree, Ecology covenants not to institute legal or administrative
actions against Defendants regarding the release or threatened release of hazardous substances
.covered by this Decree.
This Decree covers only the Site specifically identified in the Site Diagram (Figure 2)
and those hazardous substances that Ecology knows are located at the Site as of the date of
entry of this Decree This Decree does not cover any other hazardous substance or area.
Ecology retains all of its authonty relative to any substance or area not covered by this Decree.
This Covenant Not to Sue shall have no applicability whatsoever to-
1 Criminal liability,
2 Liability for damages to natural resources; and
3. Any Ecology action, including cost recovery, against PLPs not a party to
this Decree
CONSENT DECREE
20 ATTORNEY GENERAL Of WASHINGTON
Ecology Division
PO Box 401 17
Olympia, WA 98504.01 17
(360) 586-6770
1 If factors not known at the time of entry of the settlement agreement are discovered and
2 present a previously unknown threat to human health or the environment, the Court shall
3 amend this Covenant Not to Sue.
4 B Reopeners• Ecology specifically reserves the right to institute legal or
5 administrative action against Defendants to require it to perform additional remedial actions at
6 the Site and to pursue appropriate cost recovery, pursuant to RCW 70 105D.050 under the
7 following circumstances:
8 1. Upon Defendant's failure to meet the requirements of this Decree,
9 including, but not limited to, failure of the remedial action to meet the cleanup
10 standards identified in the Cleanup Action Plan (CAP);
11 2. Upon Ecology's determination that remedial action beyond the terms of
12 • this Decree is necessary to abate an imminent and substantial endangerment to human
13• health or the environment;
14 3. Upon the availability of new information regarding factors previously
15 unknown to Ecology, including the nature or quantity of hazardous substances at the
16 Site, and Ecology's determination, in light of this information, that further remedial
17 action is necessary at the Site to protect human health or the environment; or
18 4. Upon Ecology's determination that additional remedial actions are
19 necessary to achieve cleanup standards within the reasonable restoration time frame set
20 forth in the CAP
21 C Except in the case of an emergency, prior to instituting legal or administrative
22 action against Defendants pursuant to this Section, Ecology shall provide Defendants with
23 fifteen (1 5) calendar days notice of such action.
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CONSENT DECREE
21 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Iiox 40117
Olympia, WA 98504-0117
(360) 536-6770
1 XIX. CONTRIBUTION PROTECTION
2 With regard to claims for contribution against Defendants, the Parties agree that
3 Defendants are entitled to protection against claims for contribution for matters addressed in
4 this Decree as provided by RCW 70 105D 040(4)(d)
5 XX. LAND USE RESTRICTIONS
6 If soil confirmation sampling analyses confirm that MTCA Method B Protective of
7 Groundwater has been achieved, the Restrictive Covenant presently on the Site shall be
8 removed from the property title.
9 XXI. FINANCIAL ASSURANCES
10 Pursuant to WAC 173-340-440(11), Defendants shall maintain sufficient and adequate
11 financial assurance mechanisms to cover all costs associated with the operation and
12 . maintenance of the remedial action at the Site, including institutional controls, compliance
13 monitoring, and corrective measures.
14 Within sixty (60) days of the effective date of this Decree, Defendants shall submit to
15 Ecology for review and approval an estimate of the costs that it will incur in carrying out the
16 ten -ns of this Decree, including operation and maintenance, and compliance monitoring.
17 Within sixty (60) days after Ecology approves the aforementioned cost estimate, Defendants
18 shall provide proof of financial assurances sufficient to cover all such costs in a form
19 acceptable to Ecology
20 Defendants shall adjust the financial assurance coverage and provide Ecology's project
21 coordinator with documentation of the updated financial assurance for
22 A. Inflation, annually, within thirty (30) days of the anniversary date of the entry of
23 this Decree, or if applicable, the modified anniversary date established in accordance with this
24 Section, or if applicable, ninety (90) days after the close of Defendants' fiscal year if the
25 financial test or corporate guarantee is used, and
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CONSENT DECREE
22 AITORNE GENERAL OF WASHINGTON
Ecology Division
1'O Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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B. Changes in cost estimates, within thirty (30) days of issuance of Ecology's
approval of a modification or revision to the CAP that result in increases to the cost or
expected duration of remedial actions. Any adjustments for inflation since the most recent
preceding anniversary date shall be made concurrent with adjustments for changes in cost
estimates. The issuance of Ecology's approval of a revised or modified CAP will revise the
anniversary date established under this Section to become the date of issuance of such revised
or modified CAP.
XXII. INDEMNIFICATION
Defendants agree, to the extent allowed by law, to indemnify and saveand hold the
State of Washington, its employees, and agents harmless from any and all claims or causes of
action for .death or injuries to persons or for loss or damage to property to the extent arising
from or on account of acts or omissions of Defendants, its officers, employees, agents, or
contractors in entering into and implementing this Decree. However, Defendants -shall not
indemnify the State of Washington nor save nor hold -its employees and agents harmless from
any claims or causes of action to the extent arising out of the negligent acts or omissions of the
State of Washington, or the employees or agents of the State, in entering into or implementing
this Decree.
XXIII. COMPLIANCE WITH APPLICABLE LAWS
A All actions carried out by Defendants pursuant to this Decree shall be done in
20 accordance with all applicable federal, state, and local requirements, including requirements to
21 obtain necessary permits, except as provided in RCW 70 105D 090 The permits or other
22 federal, state or local requirements that the agency has determined are applicable and that are
23 known at the time of entry of this Decree have been identified in the CAP
24 B Pursuant to RCW 70.105D 090(1), Defendants are exempt from the procedural
25 requirements of Chapters 70 94, 70.95, 70.105, 77.55, 90.48, and 90 58 RCW and of any laws
26 requinng or authorizing local government permits or approvals However, Defendants shall
CONSENT DECREE
23 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
1'O Box 40117
Olympia, WA 98504-0117
(360) 586-6770
1 comply with the substantive requirements of such permits or approvals The exempt permits or
2 approvals and the applicable substantive requirements of those permits or approvals, as they
3 are known at the time of entry of this Decree, have been identified in the CAP
4 Defendants have a continuing obligation to determine whether additional permits or
5 approvals addressed. in RCW 70.105D.090(1) would otherwise be required for the remedial
6 action under this Decree. In the event either Ecology or Defendants determine that additional
7 permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the
8 remedial action under this Decree, it shall promptly notify the other party of this determination. ,
9 Ecology shall determine whether Ecology or Defendants shall be responsible to contact the
10 appropriate state and/or local agencies. If Ecology so requires, Defendants shall promptly
11 consult with the appropriate state and/or local agencies and provide Ecology with written
12 documentation from those agencies of the substantive requirements those agencies believe are
13 applicable to the remedial action. Ecology shall'make the final determination on the additional
14 substantive requirements that must be met by Defendants and on how Defendants must meet
15 those requirements. Ecology shall inform Defendants in writing of these requirements Once
16 established by Ecology, the additional requirements shall be enforceable requirements of this
17 Decree. Defendants shall not begin or continue the remedial action potentially subject to the
18 additional requirements until Ecology makes its final determination.
19 C. Pursuant to RCW 70.105D 090(2), in the event Ecology determines that the
20 exemption from complying with the procedural requirements of the laws referenced in RCW
21 70.105D 0900) would result in the loss of approval from a federal agency that is necessary for
22 the State to administer any federal law, the exemption shall not apply and Defendants shall
23 comply with both the procedural and substantive requirements of the laws referenced in RCW
24 70.105D.090(1), including any requirements to obtain permits
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CONSENT DECREE
24 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-01 17
(360) 586-6770
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XXIV. REMEDIAL ACTION COSTS
Defendants shall pay to Ecology costs incurred by Ecology pursuant to this Decree and
consistent with WAC 173-340-550(2) These costs shall include work performed by Ecology
or its contractors for, or on, the Site under Chapter 70 105D RCW, including remedial actions
and Decree preparation, negotiation, oversight and administration These costs shall include
work performed both prior to and subsequent to the entry of this Decree. Ecology's costs shall
include costs of direct activities and support costs of direct activities as defined in WAC 173-
340-550(2). Defendants shall pay the required amount within ninety (90) days of receiving
from Ecology an itemized statement of costs that includes a summary of costs incurred, an
identification of involved staff, and the amount of time spent by involved staff members on the
project. A general statement of work performed will be provided upon request. Itemized
statements shall be prepared quarterly. Pursuant to WAC 173-340-550(4), failure t� pay
Ecology's costs within ninety (90) days of receipt of the itemized statement of costs will result
in interest charges at the rate of twelve -percent (12%) per annum, compounded Monthly.
Pursuant to RCW 70.105D.055, Ecology has authority to recover unreimbursed
remedial action costs by filing,a hen against real property subject to the remedial actions.
XXV. IMPLEMENTATION OF REMEDIAL ACTION
If Ecology determines that Defendants have failed without good cause to implement the
remedial action, in whole or in part, Ecology may, after notice to Defendants, perform any or
all portions of the remedial action that remain incomplete If Ecology perforins all or portions
of the remedial action because of Defendants' failure to comply with its obligations under this
Decree, Defendants shall reimburse Ecology for the costs of doing such work in accordance
with Section XXIV (Remedial Action Costs), provided that Defendants are not obligated under
this Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the
scope of this Decree
CONSENT DECREE
25 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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Except where necessary to abate an emergency situation, Defendants shall not perform
any remedial actions at the Site outside those remedial actions required by this Decree, unless
Ecology concurs, m writing, with such additional remedial actions pursuant to Section XV
(Amendment of Decree).
XXVI. PERIODIC REVIEW
As remedial action, including groundwater monitoring, continues at the Site, the Parties
agree to review the progress of remedial action at the Site, and to review the data accumulated
as a result of monitoring the Site as often as is necessary and appropriate under the
circumstances (semi-annual groundwater monitoring of all wells). At least every five (5) years
after the initiation of cleanup action at the Site the Parties shall meet to discuss the status of the
Site and the need, if any, for further remedial action at the Site. At least ninety (9D) days prior
to each periodic review, Defendants shall submit a report to Ecology that documents whether
human health and the environment are being, protected based on the factors set forth in WAC
173-340-420(4).] Ecology reserves the right to require further remedial action at the Site under
appropriate circumstances. This provision shall remain in effect for the durationof this
Decree.
XXVII. PUBLIC PARTICIPATION
A Public Participation Plan (Exhibit D) is required for this Site. Ecology shall review
any existing Public Participation Plan to determine its continued appropriateness and whether it
requires amendment, or if no plan exists, Ecology shall develop a Public Participation Plan
alone or in conjunction with Defendants
Ecology shall maintain the responsibility for public participation at the Site. However,
Defendants shall cooperate with Ecology, and shall -
A If agreed to by Ecology, develop appropriate mailing list, prepare drafts of
public notices and fact sheets at important stages of the remedial action, such as the submission
of work plans, remedial investigation/feasibility study reports, cleanup action plans, and
CONSENT DECREE
26 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
1'0 Dox 40117
Olympia, WA 98504-0117
(360)586.6770
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engineering design reports. As appropriate, Ecology will edit, finalize, and distribute such fact
sheets and prepare and distribute public notices of Ecology's presentations and meetings.
B Notify Ecology's project coordinator prior to the preparation of all press releases
and fact sheets, and before mayor meetings with the interested public and local governments
Likewise, Ecology shall notify Defendants prior to the issuance of all press releases and fact
sheets, and before major meetings with the interested public and local governments. For all
press releases, fact sheets, meetings, and other outreach efforts by Defendants that do not
receive prior Ecology approval, Defendants shall clearly indicate to its audience that the press
release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by
Ecology.
C. When requested_ by Ecology, participate in public presentations on the progress
of the remedial action at .the Site..Participation may be through attendance at public meetings
to assist in answering questions, or as a presenter.
D. When requested by Ecology, arrange and/or continue information repositories at
the following locations.
i) Yakima Valley Regional Library
102 North 3rd Street
Yakima, WA 98901
ii) Ecology's Central Regional Office
15 W. Yakima Avenue, Suite 200
Yakima, WA 98902
At a minimum, copies of all public notices, fact sheets, and press releases; all quality assured
monitoring data, remedial actions plans and reports, supplemental remedial planning
documents, and all other similar documents relating to performance of the remedial action
required by this Decree shall be promptly placed in these repositories.
XXVIII. DURATION OF DECREE
The remedial program required pursuant to this Decree shall be maintained and
continued until Defendants have received written notification from Ecology that the
CONSENT DECREE
27 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
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requirements of this Decree have been satisfactorily completed. This Decree shall remain in
effect until dismissed by the Court. When dismissed, Section XVIII (Covenant Not to Sue)
and Section XIX (Contribution Protection) shall survive
XXIX. CLAIMS AGAINST THE STATE
Defendants hereby agree that they will not seek to recover any costs accrued in
implementing the remedial action required by this Decree from the State of Washington or any
of its agencies; and further, that Defendants will make no claim against the State Toxics
Control Account or any local Toxics Control Account for any costs incurred in implementing
this Decree. Except as provided above, however, Defendants expressly reserves its right to
seek to recover any costs incurred in implementing this Decree from any other PLP. This
Section does not limit or address funding that may be provided under Chapter 173-322 WAC.
XXX. EFFECTIVE DATE
This Decree is •effective upon the date it is entered by the Court.
XXXI. WITHDRAWAL OF CONSENT
If the Court withholds or withdraws its consent to this Decree, it shall be null and void
at the option of any party and the accompanying Complaint shall be dismissed without costs
and without prejudice. In such an event, no party shall be bound by the requirements of this
Decree.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
JIM PENDOWSKI
Program Manager
Toxics Cleanup
(360) 407-7177
Date. 12-
/11
CONSENT DECREE
ROBERT M McKENNA
Attorney General
�C7HN A. LEVEL, SBA # 20439
Assistant Attorney General
(360) 586-6753
Date / 2--////)g
28 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO 13ox 40117
Olympia, WA 98504-0117
(360) 586-6770
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CITY OF YAKIMA
LAWRENCE WATTERS, WSBA # 7454
Senior Assistant City Attorney
(509) 575-6030
Date: I -D.-, z
CITY OF YAKIMA
Oa H'ot z q !/
City Manager J
(509) 575-6030
Date: /—
ENTERED this
CONSENT DECREE
COUN YAKIMA
TRRY T , WS : A # 6708
Chief 'vil Deputy Prosecuting Attorney
(509) 574-1200
Date:
COUNTY OF YAKIMA
residing County Commissioner
(509) 574-1200
Date: l `/% r
day of 2008.
ROBERT N. HACKETT JR.
JUDGE/COMMISSONER
Yakirrra- ountySuperior Court
29 ATTORNEY GENERAL OF WASHINGTON
Ecology Division
PO Box 40117
Olympia, WA 98504-0117
(360) 586-6770
Acknowledgment of
Amendment of Professional Services Agreement
Date: 3/11/09
From: Landau Associates
PO Box 4698
West Richland, WA 99353
To: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Yakima Airport Cleanup:
Regarding the following Amendment of Professional Services Agreement Contract:
Amendment Number One:
Services will be provided in accordance with the general conditions of the Professional
Services Agreement as allowed by Section 27 enacted January 30, 2009 between Landau
Associates and the City of Yakima; the estimated costs for the services are $5,485.
(see attached)
CITYOF YAKIMA
By:
R.A. Zais, Jr., • y Manager
Date: 3 t it\ OR
LANDAU ASSOCIATES
By: cje. CA
Elizabeth E ark,
Associate/Project manager
Date: 3(23109
CITY CONTRAC r NO:
01,09-.7
RESOLUTION NO: R- - ^/y
BOARD OF YAKIMA COUNTY COMMISSIONERS
Excused
J Rand Elliott, Chairman
Michael D Leita, Commissi
vin J B
hey, Commissioner
At st Christina Stein- , Clerk of the Board Tiera L. Girard
Deputy Clerk of the Board
Dated this
\-1
day of
Appro as to Form:
eputy y ecu ing Attorney
SCOPE OF WORK
LANDAU ASSOCIATES
ENVIRONMENTAL SUPPORT SERVICES
YAKIMA AIRPORT UST RI/FS
The following services will be provided in accordance with the requirements of the Draft Agreed Order
for the Yakima Airport Underground Storage Tank (UST) Remedial Investigation/Feasibility Study
(RI/FS). In the event that project conditions or changes in regulatory requirements, including
amendments to the consent decree, require a different level of effort than assumed, Landau Associates
will notify the City of YakimalYakima County of the changes and request approval of any scope or
budget modifications that may be necessary.
INITIAL FILE REVIEW AND PROJECT SCOPING
The initial project review and work plan preparation task will include:
• Agreed Order Assistance. Assist the City with review of technical issues associated with the
Draft Agreed Order.
• File Review. Landau Associates will review Washington State Department of Ecology (Ecology)
files for the UST sites. This information will be used to develop the scope of work described
below. Landau Associates assumes that the file review will include one visit to Ecology's
Yakima file room.
• Scope of Work. Based on a review of Ecology's project files, Landau Associates will develop a
scope of work for the RI/FS consistent with the requirements of the Agreed Order.
Our services will be provided in accordance with the general conditions of the Professional Services
Agreement enacted January 30, 2009 between Landau Associates and the City/County of Yakima,
including the rate schedules presented in Exhibit C of that Contract. The estimated costs for the services
are $5,486 as presented in the table below.
Yakima Airport UST RI/FS
Classification Cost
DIRECT SALARY COST (DSC)(').
TOTAL DSC
OVERHEAD (OH COST - including salary additives).
OH Rate of 216.51%m x DSC
FIXED FEE (FF)
FF Rate of 30% x DSC
REIMBURSABLES (c).
TOTAL REIMBURSABLES
$ 1,439
$ 3,115
$ 431
$ 500
TOTAL CONSULTANT FEES $ 5,485
(a) Rates are calculated based on compensation rates shown in Exhibit C times the number
of estimated work hours.
(b) WSDOTapproved OH rate.
(c) Reimbursables includes travel expenses, field equipment, reproduction, etc. See
equipment and supplies rate schedule (Exhibit C).
3/3/09 \\EDNIDATA\PROJECTS\1148\002\FILERNI\M\SCOPE OF WORK 3_03_09.DOC LANDAU ASSOCIATES
Acknowledgment of
Amendment of Professional Services Agreement
Date: 4/20/09
From: Landau Associates
PO Box 4698
West Richland, WA 99353
To: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Yakima Airport Cleanup:
To: Yakima County
128 N. 2nd Street
Yakima, WA 98901
Regarding the following Amendment of Professional Services Agreement Contract:
Amendment Number Two: Services will be provided in accordance with the general
conditions of the Professional Services Agreement as allowed by Section 27 enacted
January 30, 2009 between Landau Associates and the City of Yakima, and Yakima
County; the estimated costs for the services are $361,605.
(see attached)
CITY OF YAKIMA
R.A. Zais, Jr., Cit
Date: 5 1!S\G9
LANDAU ASSOCIATES
By:• CI
E l izabeth ark,
Associate/Project manager
Date: 5/Ig109'
CITY CONTRAC r N0: le--
RESOLUTION NO: K e 2'/4'- �✓
YAKIMA COUNTY
owk,
J., Ran Elliot, Chairman County
Commissioners
Date: 5 l g J O9
A st:
Aim j
Tiera L. Girard — Deputy Clerk of the
Board
SCOPE OF WORK
LANDAU ASSOCIATES
ENVIRONMENTAL SERVICES
YAKIMA AIRPORT UST RI/FS
The following services will be provided in accordance with the requirements of the Agreed Order for the
Yakima Airport Underground Storage Tanks (USTs) between the City of Yakima, Yakima County, and
the Washington State Department of Ecology (Ecology). In the event that project conditions and changes
in regulatory requirements, including amendments to the Agreed Order, require a different level of effort
than assumed, Landau Associates will notify the City of Yakima/Yakima County (City/County) for
approval of any scope or budget modifications that may be necessary.
TASK 1 — INITIAL SITE REVIEW AND WORK PLAN PREPARATION
Landau Associates has conducted a preliminary review of the Ecology files related to this project. This
work was authorized by the City/County as Amendment One to the January 30, 2009 Professional
Services Agreement. This information, along with additional site review, will be used to develop the
project work plans as required in the Agreed Order. This task includes:
• Initial Site Review. Site review will include a more detailed review of the reports in Ecology
files, a site visit, review of available airport plans, and discussions with Ecology regarding site
history and project requirements.
• Draft Work Plans. In accordance with the Agreed Order and Model Toxics Control Act
(MTCA) Cleanup Regulation, several documents will be prepared and submitted to Ecology for
review and approval prior to commencing work. Development of a Public Participation Plan is
not included in this task, as Ecology has been managing that effort directly. This task includes
preparation of a Remedial Investigation/Feasibility Study (RI/FS) work plan including :
o Health and Safety Plan - per WAC 173-340-810
o A Work Plan and Sampling and Analysis Plan - per WAC 173-340-820
o Quality Assurance Plan - per WAC 173-340-400(4)(b)(v)
o Project Schedule
• Final Work Plans. Final Work Plans will be prepared that incorporate Ecology review
comments.
• Project Management and Meetings Task 1. For Task 1, it is assumed that there will be two
meetings in Yakima with the City, County, and/or Ecology as appropriate.
TASK 2 —REMEDIAL INVESTIGATION
The specific scope of the investigation will be developed based on the results of Task 1. Information
from Task 1, including comments received from Ecology, may change the exploration method, the
number of soil exploration locations, the number of soil samples, the number of groundwater samples,
and the appropriate analyses for soil and groundwater. Field conditions observed during the investigation
may also affect the number of soil and groundwater samples and appropriate analyses. For purposes of
this Scope of Work, it is assumed that these investigations will include:
• Utility Locate. A private utility locating service will be used to locate and identify underground
utilities that may be present at each UST site prior to beginning field work. If utilities are present
and are close to potential probe or monitoring well locations, the locations will be adjusted, as
necessary. The utility locate will be coordinated with Yakima Airport, City, County, and tenant
personnel to assist in identifying all utilities that may be present. We have assumed that a full
day will be required to complete the utility locate, and that a Landau Associates representative
will be present on site to assist the contractor.
• Direct Push Soil Investigation. Conduct a soil investigation in accordance with the approved
work plan. We anticipate advancing up to 66 direct -push soil probes to a depth of 6 to 12 feet (ft)
below ground surface (BGS) at the Yakima Airport UST sites listed in the Agreed Order. In
general, soil probes will be advanced at the former tank locations and near the excavation
sidewalls. Actual probe locations will be based in part on the results of sampling completed
during the previous tank removal. A maximum of three samples will be collected from each
probe. In addition to the soil samples, up to two grab samples of groundwater will be collected
from the direct push probes at each tank site if groundwater is encountered. It has been assumed
that airport security personnel will accompany the contractors and subcontractors during
completion of the remedial action, and therefore, no specialized training will be required prior to
beginning the work.
• Soil Analysis. Conduct soil analysis in accordance with the approved work plan. We anticipate
analyzing up to three samples collected from three discreet depth intervals from each direct push
probe location for diesel -range and oil -range petroleum hydrocarbons using Ecology method
NWTPH-Dx; and gasoline -range petroleum hydrocarbons using Ecology method NWTPH-Gx at
those locations where total petroleum hydrocarbons were previously detected. In addition,
benzene, toluene, ethylbenzene, xylenes (BTEX), lead, methyl tert butyl ether (MTBE),
I,2-dibromomethane (EDB), 1,2-dichloroethane (EDC), naphthalene, and other constituents will
be analyzed as appropriate. At locations where petroleum hydrocarbons were not previously
detected, hydrocarbon identification (HCID) analysis will be performed first to determine
whether additional analysis for petroleum hydrocarbons is necessary. For this cost estimate, it
has been assumed that one-third of those samples analyzed for HCID will also be analyzed for the
additional constituents described above.
• Groundwater Investigation and Analysis. Conduct groundwater investigation in accordance
with the approved work plan. We anticipate that up to two grab samples of groundwater will be
collected from direct push probes from each UST location and analyzed to characterize whether
impacts to groundwater are present and assist with locating subsequent monitoring wells.
Samples will be analyzed for HCID and total lead. If HCID analysis indicates hydrocarbon
impacts are present, additional analysis for gasoline -range petroleum hydrocarbons, BTEX,
MTBE, or diesel -range petroleum hydrocarbons will be conducted. For the purpose of this cost
estimate, it has been assumed that two samples will be analyzed for HCID and total lead at each
site, and one sample from each site will be analyzed for Gasoline/BTEX/MTBE and diesel -range
hydrocarbons.
• Monitoring Well Installation. Install monitoring wells in accordance with the approved work
plan. We anticipate installing up to 48 monitoring wells at the Yakima Airport UST sites listed in
the Agreed Order. Monitoring wells will be constructed of 2 -inch PVC and slotted well screen to
a maximum depth of 20 ft BGS. Monitoring wells will be constructed in accordance with
Ecology's well construction standards specified in WAC 173-360 Minimum Standards for
Construction and Maintenance of Wells, and completed at the surface using flush mounted
monuments. For the purpose of this cost estimate, it has been assumed that hollow -stem auger
drilling methods will be used to complete the well installations. Well locations will be
determined based on the results of laboratory analysis of soil samples and groundwater samples
collected from the direct push probes. It has also been assumed that a minimum of four
monitoring wells will be required to evaluate groundwater flow; however, the actual number and
location of monitoring wells installed at each site (if any) will depend on previous sampling
results.
• Groundwater Sampling and Analysis. It is anticipated that one round of groundwater samples
will be collected from monitoring wells installed at the UST sites. Groundwater samples will be
collected from a minimum of one upgradient and three downgradient wells at each site using a
peristaltic pump or dedicated bailer and analyzed for HCID and total lead. Should HCID results
indicate petroleum hydrocarbons are present, additional analysis for gasoline- and/or diesel -range
petroleum hydrocarbons, BTEX, MTBE, EDC, and EDB will be completed. Nitrate, sulfate, and
ferrous iron may also be added to provide information for evaluation of remedial actions in the
FS. For the purpose of this estimate, it has been assumed 40 samples will be collected and
analyzed for HCID and total lead, and an additional 25 samples will also be analyzed for
additional analyses described above.
• Unknown UST Evaluation. Ecology, in their discussions with Yakima Airport personnel, has
identified an additional UST at the airport. The details of this UST are unknown at this time;
however, a line item has been included in the budget to allow for a general evaluation of this tank.
It is assumed that tank removal, if needed, would be contracted directly with the City.
• Project Management and Meetings for Task 2. We are assuming that there will be one
meeting in Yakima with the City, County, and Ecology to discuss the final results prior to
finalizing the RI/FS report.
TASK 3 — REMEDIAL INVESTIGATION/FEASIBILITY AND PROGRESS REPORTS
• Draft RI/FS Report. A RI/FS report for submittal to Ecology for review and comment will be
prepared in accordance with the requirements listed in WAC 173-340-350. The report will
summarize information regarding the nature and extent of contamination, and identify cleanup
action alternatives that protect human health and the environment. The report will be submitted
as a draft for review and comment by the City and County, and submitted as a draft to Ecology
within 60 days of receipt of final analytical data.
• Final RI/FS Report. A final report will be submitted within 30 days of receiving Ecology
comments.
• Quarterly Progress Reports. Quarterly progress reports shall be prepared in accordance with
Section VII of the Agreed Order until submittal of the draft RI/FS report. It is assumed that four
progress reports will be prepared.
• Project Management and Meetings for Task 3. We are assuming that there will be two
meetings in Yakima with the City, County, and Ecology to discuss the investigation final results.
PROJECT NAME.
Yakima Airport
UST RI/FS
Classification
PAYMENT SCHEDULE
FEE DETERMINATION SUMMARY
LANDAU ASSOCIATES, INC.
Task 1 Task 2 Task 3 TOTAL
DIRECT SALARY COST (DSC)
TOTAL DSC
OVERHEAD (OH COST - including salary additives):
OH Rate of 216.51%(b) x DSC
FIXED FEE (FF):
FF Rate of 30% x DSC
REIMBURSABLES I`l'
TOTAL REIMBURSABLES
$ 7,710 $ 13,281 $ 18,082 $ 39,073
$ 16,693 $ 28,755 $ 39,149 $ 84,597
$ 2,313 $ 3,984 $ 5,425 $ 11,722
$ 1,185 $ 6,164 $ 1,143 $ 8,492
SUBCONSULTANTS.
Driller and Survey $ $ 75,000 $ -
Utility Locate and Concrete Coring $ $ 12,000 $
Analytical Laboratory $ $ 43,000 $
TOTAL SUBCONSULTANTS with 8% Handling (d) $ $ 140,400 $ $ 140,400
Unknown Tank Evaluation $ 5,000 $ 5,000
CONSULTANT FEES $ 27,901 $ 197,584 $ 63,799 $ 289,284
TOTAL CONSULTANT FEE w/ 25 percent contingency $ 361,605
(a) Rates are calculated based on compensation rates as shown in Exhibit C times the number of estimated work hours.
(b) WSDOT approved OH rate
(c) Reimbursables includes travel expenses, field equipment, reproduction, etc. See equipment and supplies rate schedule (Exhibit C).
(d) Subcontractor billing will be charged at a rate of cost plus a eight percent (8%) handling charge.
Landau Associates
Exhibit D
4/17/2009\\Edmdata\projects\1148\002\FileRm\M\Payment Schedule 4_17_09 (EC-TDB)Payment Schedule 4_17_09 (EC -TDB)
,09- 00
Acknowledgment of
Amendment of Professional Services Agreement
Date: 6/24/10
From: Landau Associates
PO Box 4698
West Richland, WA 99353
To: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Yakima Airport Cleanup:
Regarding the following Amendment of Professional Services Agreement Contract:
Amendment Number Three:
Services will be provided in accordance with the general conditions of the Professional Services
Agreement as allowed by Section 27 enacted January 30, 2009 between Landau Associates and the City
of Yakima; the estimated costs for the services are $10,636. (see attached)
By:
Date: 'v \ Z°1
City of Yakima
R.A. Zais ., City Manager
By:
Date:
Landau Associates
Elizaeth Clark,
Associate/Project Manager
CITY CONTRAC F NO: 41679" /
RESOLUTION NO: R- -/S
TY COMMISSIONERS
hey, Commissioner
Attest:
lliott. Commissioner
\\\‘\\��MA COUN'/i
; O
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-Q•Q
- cOT
•, r••
Christina Steiner, Clerk of the Boa{d','-' ?b3S \\\\\
11 —Xi 0
anted tEis /3 day of
Approv .: to Fornri
De. ty Prs cuting Attorney
, 2010
SCOPE OF WORK
LANDAU ASSOCIATES
UNDERGROUND STORAGE TANK REMOVAL
FORMER YAKIMA AIRPORT HELICOPTER SERVICE SITE
2400 WEST WASHINGTON AVENUE, YAKIMA, WASHINGTON
The following services will be provided to the City of Yakima (City) in accordance with the
general conditions of the Professional Services Agreement between Landau Associates (LAI) and the
City/County of Yakima, dated January 30, 2009, including the rate schedules presented in Exhibit C of
that agreement. In the event that project conditions or changes in project objectives require a different
level of effort than assumed, Landau Associates will notify the City for approval of any scope or budget
modifications that may be necessary.
This Scope of Work (SOW) has been prepared for the removal of one underground storage tank
(UST) located at the former Helicopter Service Site (site) at the Yakima Airport, in Yakima, Washington.
The UST is located at the Yakima Air Terminal rental car parking lot at 2400 West Washington Avenue.
Landau Associates is familiar with the site, and based on experience with similar projects, has developed
a SOW to complete the tank removal in accordance with the Washington State Department of Ecology
(Ecology) UST regulations (Chapter 173-360 WAC). Removal of a UST generally includes the following
tasks to be completed by the UST Contractor (Contractor) or Landau Associates:
1. Clear the site for the presence of underground and above ground utilities (Contractor).
2. Expose the tank by removing asphalt and overburden from above the tank (Contractor).
3. Pump any remaining product from the UST (Contractor).
4. Clean and rinse the UST (Contractor).
5. Displace flammable vapors from the USTs, and verify that the atmosphere inside the UST is
inert (Contractor).
6. Have a local fire department representative certify that the tank is safe to remove
(Contractor).
7. Excavate soil from around the tank, and segregate excavated soil based on observations of
potential impact into different stockpiles. We are assuming for this project that there will be
no contaminated soil (Contractor/LAI).
8. Remove tank and piping (located in the immediate vicinity of the excavation and outside the
airport security fencing) and load for transport and appropriate disposal/recycling
(Contractor).
9. Remove any additional soil based on field screening, and stockpile on plastic at the site. In
this scope of work, we are assuming that soil stockpiling will occur as necessary for the UST
removal but the soil will be clean (Contractor/LAI).
10. Collect confirmation samples at the limits of the excavation for laboratory analysis (LAI).
11. Evaluate the need for additional excavation and appropriate soil disposition based on soil
analytical data, as appropriate (LAI).
1
8122110 S:1Sharedoc1000proposal\C Yakima\Yakima Airport Heli Site UST RemovaNielii Site UST RemovalFinal.dooc LANDAU ASSOCIATES
12. Backfill, or fence off the excavation, depending on results of analytical data. For the site, we
are assuming that the excavation and soil will be clean so that backfilling is appropriate
(Contractor).
The above elements have been incorporated into a SOW that includes three primary tasks, which
are outlined below. Should impacts to soil or groundwater due to a release from the UST be documented
during the removal, a change to the scope will be necessary to address the release.
TASK 1 — PROJECT MANAGEMENT, HEALTH AND SAFETY PLAN PREPARATION
This task includes:
• Project Management. Landau Associates will coordinate with the Contractor during
completion of the UST removal work, and subcontract with an analytical laboratory for soil
sample analysis. Landau Associates will monitor project task performance, project schedule,
and budget and update the City regularly on the progress of the work.
• Permits. Landau Associates will submit to Ecology, on behalf of the City, the "Underground
Storage Tank 30 -Day Notice" for the UST removal. Landau Associates will also acquire or
coordinate with the Contractor and the City to acquire the necessary permits for the removal
activities (e.g., fire department UST removal permit, city or county building and/or grading
permits).
• Health and Safety Plan. A site-specific health and safety plan will be prepared prior to the
commencement of the fieldwork.
TASK 2 — UST REMOVAL OVERSIGHT
Landau Associates will provide a Washington State certified UST site assessor to oversee tank
removal activities and collect confirmation soil samples from the tank excavation as required by Ecology
regulations. The Contractor will be responsible for the UST removal. The Contractor will provide the
City and Landau Associates with documentation/certificates for the transport and disposal of the USTs
and all other material hauled offsite for disposal for inclusion in the closure report. This task includes the
following:
• Tank Pumping, Cleaning, and Disposal. Landau Associates will provide oversight of the
contractor during cleaning, pumping, and removal of product or sludge from the UST. The
contractor will provide the City and Landau Associates with documentation/certificates for
the transport and disposal of the UST and its contents.
• Soil Screening and Management. Landau Associates will direct the contractor to segregate
soil removed from the UST excavation (if necessary) based on physical evidence (i.e.,
staining, product observed, or petroleum odors) and by field -screening for volatile organic
compounds (VOCs) using a photoionization detector (PID). Soils exhibiting apparent
hydrocarbon staining, the presence of product, petroleum odor, or PID measurements in
excess of 50 parts per million will be placed in a "contaminated" soil stockpile and covered
with plastic sheeting. Other soils will be placed in a "clean" soil stockpile.
• Soil Sampling. Confirmation soil samples will be collected from two of the sidewalls and
the bottom of the UST excavation. One composite soil sample will be collected and analyzed
2
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from the soil stockpiles. One soil sample will also be collected from beneath piping
associated with the tank. It has been assumed that removal of existing piping associated with
the UST will be confined to locations outside of the airport security fencing.
• Soil Laboratory Analysis. Landau Associates will submit the soil samples for analysis by
an Ecology -accredited laboratory. Soil samples will be analyzed for diesel -range and heavy
oil -range petroleum hydrocarbons (TPH-D and -0) using Method NWTPH-Dx, and gasoline -
range petroleum hydrocarbons (TPH-G) and benzene, toluene, ethybenzene, and xylenes
(BTEX) using Method NWTPH-Gx/8021. Soil samples will also be analyzed for methyl
tertiary -butyl ether (MTBE), which is included in the Method NWTPH-Gx/8021 analysis;
ethylene dibromide (EDB) and 1,2-Dichloroethane (EDC) using U.S Environmental
Protection Agency (EPA) Method 8011; and total lead using the Method 6000/7000 series.
Analytical results will be requested with a 24- to 48-hour turnaround time to minimize the
time the excavation needs to be left open. However, if the excavation can be left open for up
to 2 weeks, a standard turnaround time for laboratory analysis will provide a cost savings.
• Groundwater Sampling. Should the lowest point of the UST system be located below the
water table, one grab sample of groundwater will be collected to document whether a release
has occurred. The sample will be analyzed for the same constituents listed above for the soil
samples.
• Clean Soil Backfill. After documenting that a release has not occurred, the Contractor will
backfill the UST excavation to within 6 inches of the original surface with clean imported soil
from a source that is approved by the City. The Contractor will coordinate final paving
requirements with the City and Airport.
Following the receipt of laboratory analytical data, results will be compared to the Model Toxics
Control Act (MTCA) Method A soil cleanup levels for unrestricted land uses. For this SOW we have
assumed that a release from the UST has not occurred, that no contaminated soil or groundwater will be
encountered, and that additional excavation or offsite disposal of contaminated soil will not be required
following UST removal.
Should a release of contamination to soil or groundwater be documented during the UST
removal, Landau Associates will be prepared to discuss the implications of the analytical data and assist
the City in developing a plan for monitoring or remediation.
TASK 3 — PREPARE DOCUMENTATION OF UST REMOVAL
Following the completion of the field activities and confirmation that a release has not occurred, a
site check/site assessment report will be prepared to document the UST removal activities. The report
will be prepared in accordance with Ecology UST guidance and include the following information:
• A map showing the location of the UST site
• UST system data
• Soil characteristics
• Groundwater conditions
• Land use descriptions
3
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o A summary of soil and groundwater sampling activities
m A site map showing the location of samples collected
o A table of laboratory analytical results.
Draft versions of the reports will be provided for City review, and final versions will be prepared
following receipt of City comments.
We have assumed that the UST removal, including backfill, can be completed within 7 to 10 days
if 24- to 48-hour turnaround is requested for the laboratory analysis. The draft report will be submitted
for City review within 2 weeks following receipt of the final laboratory analytical data. The final reports
will be provided within 1 week of receipt of comments regarding the draft versions.
The payment schedule for this scope of work is attached.
4
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•
PAYMENT SCHEDULE
FEE DETERMINATION SUMMARY
LANDAU ASSOCIATES, INC.
PROJECT NAME.
Former Helicopter Service Site Yakima Air Terminal
Underground Storage Tank Removal
Classification
Task 1 Task 2 Task 3 TOTAL
DIRECT SALARY COST (DSC) cap.
TOTAL DSC $ 234 $ 858 $ 811 $ 1,903
OVERHEAD (OH COST - including salary additives):
OH Rate of 216.51% x DSC $ 507 $ 1,858 $ 1,756 $ 4,120
FIXED FEE (FF):
FF Rate of 30% x DSC $ 70 $ 257 $ 243 $ 571
REIMBURSABLES (b).
TOTAL REIMBURSABLES $ $ 910 $ $ 910
SUBCONSULTANTS:
Utility Locate/EDR/Survey $ $ $
Analytical Laboratory $ $ 2,900 $
TOTAL SUBCONSULTANTS with 8% Handling(`) $ $ 3,132 $ $ 3,132
CONSULTANT FEES $ 811 $ 7,015 $ 2,810 $ 10,636
(a) Rates are calculated based on compensation rates as shown in Exhibit C of the 2009 Professional Services Agreement times the
number of estimated work hours.
(b) Reimbursables includes travel expenses, field equipment, reproduction, etc. See equipment and supplies rate schedule (Exhibit C of
the 2009 Professional Services Agreement ).
(c) Subcontractor billing will be charged at a rate of cost plus a eight percent (8%) handling charge.
6/22/2010S:\Sharedoc 000proposarC_Yakima\Yakima Airport Heli Site UST RemovaltPayment Schedule 6_14_10
Landau Associates
PROFESSIONAL SERVICES AGREEMENT
CITY OF YAKIMA AND LANDAU ASSOCIATES
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City") and Landau Associates (the "Consultant"), a company
licensed to do business in Washington.
WHEREAS, the City previously engaged the Consultant in an Agreement entered
into in January, 2009 and that Agreement authorized the City and the Consultant to
"proceed with additional environmental activities" as directed by the City Manager and the
City Engineer;
WHEREAS, the City desires to engage the Consultant to "proceed with additional
environmental activities" and specifically, to provide the City with an environmental analysis
of the property located at Third Street and Walnut Avenue in Yakima, Washington,
described below, and, to complete the tasks specified in this Agreement set forth in Section
1; and,
WHEREAS, the Consultant has the experience and expertise required to provide
said services and is willing to provide such services in accordance with the terms and
conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City and the Consultant as
follows:
1. Scope of Services.
a. The Consultant shall prepare and provide to the City an environmental analysis
of the property located at Third and Walnut in Yakima, Washington with the legal description
as follows:
Lots 13, 14, 15 and 16, Block 73, Town of North Yakima, now Yakima,
Washington, as recorded in Volume "A" of Plats, Page 10 and re-
recorded in Volume "E" of Plats, Page 1, records of Yakima County,
Washington.
Assessor's Parcel No. 191319-24459.
b. The environmental analysis shall include the following:
(1) review of a prior Phase I environmental analysis, supplemented and
updated as necessary; and
(2) the completion of tasks necessary for purposes of a Phase II environmental
analysis in accordance with the provisions of this Agreement, the attached Exhibits
and the applicable state and federal requirements for environmental analysis of the
property.
Professional Services Agreement
City of Yakima - Landau Associates
Page 1 of 7
6
c The Consultant shall use its best efforts to expedite the results to the extent
reasonably possible
d. The Consultant shall conduct its work consistent with the provisions set forth in
the Option To Purchase said property marked Exhibit "A," attached and incorporated by this
reference.
e. The Consultant shall conduct its work consistent with the provisions set forth in
the Scope of Work marked Exhibit "B", attached and incorporated by this reference.
f. The Consultant shall inform the City Engineer on the preparation of the
environmental analysis, advise the City Engineer on its progress, confer with the City
Engineer on its findings and make available such information related to the environmental
analysis as is requested from time to time by the City Engineer.
g. The Consultant shall perform other tasks related to the preparation of the
environmental analysis as directed by the City Engineer.
2. Term. The term of this Agreement shall commence upon execution hereof and
shall continue until the environmental analysis is complete, unless terminated sooner in
accordance with Section 18.
3. Consideration. The City shall pay the Consultant for services rendered hereunder
in accordance with the Pay Rates, marked Exhibit "C", attached and incorporated by this
reference and the Payment Schedule marked Exhibit "D," attached and incorporated by this
reference. Unless this Agreement is otherwise modified by the parties, the total
compensation paid to the Consultant for all services provided under this Agreement shall
not exceed the amount provided in Exhibit "D". The Consultant shall submit to the City
monthly invoices itemizing tasks accomplished. Payment shall then take place, provided,
however, that all payments are expressly conditioned upon the Consultant's providing
services that are satisfactory to the City. The Consultant shall maintain adequate files and
records to substantiate all amounts itemized on the monthly invoices. In the event that
either party exercises its right to terminate this Agreement in accordance with Section 18,
the Consultant shall be compensated in accordance with the above terms for all satisfactory
services provided to the City up to the effective termination date or the Agreement.
4. Information Provided by the City. The Consultant shall provide guidance to the
City in determining the data required for purposes of the contemplated services. The City
agrees to use reasonable efforts to provide data and information specifically requested by
the Consultant.
5. Status of Consultant. The Consultant and the City understand and expressly
agree that the Consultant is an independent contractor in the performance of each and
every part of this Agreement. No officer, employee, volunteer, and/or agent of Consultant
shall act on behalf of or represent him or herself as an agent or representative of the City.
The Consultant, as an independent contractor, assumes the entire responsibility for carrying
out and accomplishing the services required under this Agreement. The Consultant
expressly represents, warrants and agrees that its status as an independent contractor in
the performance of the work and services required under this Agreement is consistent with
Page 2 of 7
Professional Services Agreement
City of Yakima - Landau Associates
and meets the six -part independent contractor test set forth in RCW 51.08.195. The
Consultant and its officers, employees, volunteers, agents and/or subcontractors shall not
make any claim of City employment nor shall make any claim against the City for any
related employment benefits, social security and/or retirement benefits. Nothing contained
herein shall be interpreted as creating a relationship of servant, employee, partnership or
agency between the Consultant and the City
6. Inspection and Audit. The Consultant shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted accounting
practices. All such books of account and records required to be maintained by this
Agreement shall be subject to inspection and audit by representatives of the City and/or the
Washington State Auditor at all reasonable times, and the Consultant shall afford the proper
facilities for such inspection and audit. Such books of account and records may be copied
by representatives of the City and/or the Washington State Auditor where necessary to
conduct or document an audit. The Consultant shall preserve and make available all such
books of account and records for a period of ten (10) years after final payment under this
Agreement.
7. Taxes and Assessments. The Consultant shall be solely responsible for
compensating his employees, agents and/or sub -Consultants and for paying all related
taxes, deductions, and assessments, including but not limited to federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party as a
result of this Agreement. In the event the City are assessed a tax or assessment as a result
of this Agreement, the Consultant shall pay the same before it becomes due.
8. Nondiscrimination Provision. During the performance of this Agreement, the
Consultant shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. This provision shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination,
rates of pay or other forms of compensation, selection for training and the provision of
services under this Agreement.
9. The Americans with Disabilities Act. The Consultant shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its
implementing regulations and Washington State's anti -discrimination law as contained in
RCW Chapter 49.60 and its implementing regulations with regard to the activities and
services provided pursuant to this Agreement. The ADA provides comprehensive civil
rights to individuals with disabilities in the area of employment, public accommodations,
public transportation, state and local government services and telecommunications.
10. Compliance with Law. The Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local or otherwise.
Professional Services Agreement
City of Yakima - Landau Associates
Page 3 of 7
11. No Conflict of Interest. The Consultant covenants that neither he nor his
employees have any interest and shall not hereafter acquire any interest, direct or indirect,
which would conflict in any manner or degree with the performance of this Agreement. The
Consultant further covenants that it will not hire anyone or any entity having such a conflict
of Interest during the performance of this Agreement
12. No Insurance. It is understood the City does not maintain liability Insurance for the
Consultant and its officers, directors, employees and agents.
13. Indemnification.
a. The Consultant agrees to hold harmless, indemnify and defend the City, its
elected officials, officers, employees and agents from and against any and all suits, actions,
claims, liability, damages, judgments, costs and expenses (including reasonable attorney's
fees) which result from or arise out of the negligence of the Consultant, its officers, agents,
employees or subcontractors in connection with or incidental to the performance or non-
performance of this Agreement.
b. In the event that both the Consultant and the City are negligent, each party shall
be liable for its contributory share of negligence for any resulting suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees).
c. The foregoing indemnity is specifically and expressly intended to constitute a
waiver of the Consultant's immunity under Washington's Industrial Insurance Act, RCW Title
51, as respects the other party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the Consultant's
employees. The parties acknowledge that these provisions were specifically negotiated and
agreed upon by them.
d. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party
e. This Section of the Agreement shall survive the term or expiration of this
Agreement and shall be binding on the parties to this Agreement.
14. Insurance Provided by Consultant.
a. Professional Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City with a certificate of insurance
as evidence of professional liability coverage with a limit of at least One Million Dollars
($1,000,000.00) for each wrongful act and an annual aggregate limit of at least Two Million
Dollars ($2,000,000.00). The certificate shall clearly state who the provider is, the amount
of coverage, the policy number and when the policy and provisions provided are in effect.
The insurance shall be with an insurance company rated A -VII or higher in Best's Guide. If
the policy is on a claims made basis, the retroactive date of the insurance policy shall be on
or before the date this contract is executed by both parties hereto, or shall provide full prior
acts coverage. The insurance coverage shall remain in effect during the term of this
Agreement and for a minimum of three (3) years following the termination of this
Agreement.
b. Commercial Liability Insurance. On or before the date this Agreement is fully
executed by the parties, the Consultant shall provide the City with a certificate of insurance
Professional Services Agreement
City of Yakima - Landau Associates
Page 4 of 7
as proof of commercial liability insurance with a minimum liability limit of One Million Dollars
($1,000,000.00) per occurrence/aggregate limit bodily injury and property damage. The
certificate shall clearly state who the provider is, the amount of coverage, the policy number
and when the policy and provisions provided are in effect. Said policy shall be in effect for
the duration of this Agreement. The policy shall name the City, its elected officials, officers,
agents and employees as additional insureds and shall contain a clause that the insurer will
not cancel or reduce in limits the insurance without first giving the City thirty (30) calendar
days prior written notice. The insurance shall be with an insurance company or companies
rated A -VII or higher in Best's Guide and admitted in the State of Washington.
c. Commercial Automobile Liability Insurance. On or before the date this
Agreement is fully executed by the parties, the Consultant shall provide the City with a
certificate of insurance as proof of commercial automobile liability insurance with a minimum
liability limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily
injury and property damage. The certificate shall clearly state who the provider is, the
amount of coverage, the policy number and when the policy and provisions provided are in
effect. Said policy shall be in effect for the duration of this Agreement. The policy shall
name the City, its elected officials, officers, agents and employees as additional insureds
and shall contain a clause that the insurer will not cancel or reduce in limits the insurance
without first giving the City thirty (30) calendar days' prior written notice. The insurance
shall be with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
d. Insurance Provided by SubConsultants. The Consultant shall ensure that all
subConsultants it utilizes for work/services required under this Agreement shall comply with
all of the above insurance requirements.
15. Delegation of Professional Services. The services provided for herein shall be
performed by the Consultant and no person other than regular associates or employees of
the Consultant shall be engaged upon such work or services except upon written approval
of the City.
16. Assignment. This Agreement, or any interest herein or claim hereunder, shall not
be assigned or transferred in whole or in part by the Consultant to any other person or entity
without the prior written consent of the City. In the event that such prior written consent to
an assignment is granted, then the assignee shall assume all duties, obligations and
liabilities of the Consultant stated herein.
17. Waiver of Breach. A waiver by either party hereto of a breach by the other party
hereto of any covenant or condition of this Agreement shall not impair the right of the party
not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
18. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination sixty (60) calendar
days prior to the termination date.
Professional Services Agreement
City of Yakima - Landau Associates
Page 5 of 7
19. Severability. If any portion of this Agreement is changed per mutual agreement or
any portion is held invalid, the remainder of the Agreement shall remain in full force and
effect.
20. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
Dick Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO CONSULTANT: Elizabeth Clark
Landau Associates
P.O. Box 4698
West Richland, WA 99353
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
21. Third Parties. The City and the Consultant are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide any right or benefit, whether
directly or indirectly or otherwise, to third persons.
22. Drafting of Agreement. Both the City and the Consultant have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract rule
of law that ambiguities within a contract shall be construed against the drafter of a contract
shall have no application to any legal proceeding, arbitration and/or action in which this
Agreement and its terms and conditions are interpreted and/or enforced.
23. Integration. This written document and the attachments constitute the entire
Agreement between the City and the Consultant. There are no other oral or written
agreements between the parties as to the subjects covered herein. No changes or
additions to this Agreement shall be valid or binding upon either party unless such change
or addition be in writing and executed by both parties.
24. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
25. Venue. The venue for any action to enforce or interpret this Agreement shall lie in
the Superior Court of Washington for Yakima County, Washington.
26. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
Professional Services Agreement
City of Yakima - Landau Associates
Page 6 of 7
CITY OF YAKIMA
By:
R. A Zai , Jr Cit Manager
Date. ?` /'7 -CD?
ATTEST:
g1.3_101.
City Clerk
Lawrence Watters
Senior Assistant City Attorney
LANDAU ASSOCIATES
By:
ElizaVeth Clark,
Associate/Project manager
Date:
ATTEST
City Contract No. L_2c29-9 Date:
City Resolution No. W;��Q9 /6
Professional Services Agreement
City of Yakima - Landau Associates
Page 7 of 7
After recording, return to
Russell H Gilbert
Lyon, Weigand & Gustafson PS
PO Box 1689
Yakima, WA 98907-1689
EXHIBIT A
OPTION TO PURCHASE
GRANTORS: Margaret L. Keuler
GRANTEE: City of Yakima, a municipal corporation
LEGAL DESCRIPTION (abbreviated): Lots 13-16, Block 73, recorded in Volume "A" of
Plats, Page 10 and re-recorded in Volume "E" of Plats, Page 1.
ASSESSOR'S PARCEL NO. 191319-24459.
For and in consideration of the sum of ONE THOUSAND AND 00/100 DOLLARS
($1,000.00), receipt of which is hereby acknowledged, MARGARET KEULER, who agrees
and acknowledges that for purposes of providing notice as hereinafter specified her address
is 801 N.W. 175th, Seattle, WA 98177, hereinafter referred to as "Grantor", hereby grants to
the CITY OF YAKIMA, a Washington municipal corporation, hereinafter referred to as "the
City," the exclusive right and privilege from this date until December 28, 2009, to purchase
the following real property, situated in Yakima County, Washington, and which is legally
described as follows:
Lots 13, 14, 15 and 16, Block 73, Town of North Yakima, now Yakima,
Washington, as recorded in Volume "A" of Plats, Page 10 and re-recorded in
Volume "E" of Plats, Page 1, records of Yakima County, Washington.
Assessor's Parcel No 191319-24459
At any time during the term of this Option to Purchase, but no later than twenty (20)
days prior to the expiration of this Option to Purchase, the City shall provide notice of its intent
to purchase the property Said Notice shall be given by certified mail, return receipt
requested, postage prepaid, addressed to Grantor at her address appearing above, subject
to the right of Grantor to designate by notice in writing to the City a different address to which
OPTION TO PURCHASE - 1
said Notice shall be sent. Alternatively, notices may be personally served upon Grantor in
the same manner as is required for original service of Superior Court summons and
complaint by the laws of the State of Washington Such service to be complete at the time of
delivery or mailing
At such time as the City provides notice of its intent to exercise this Option to
Purchase, the terms of the sale shall be:
The total purchase price shall be cash only in the amount of three hundred and forty
thousand dollars ($340,000.00), with a credit towards the purchase price for the $1,000.00
consideration above received, and closing on the property shall take place within forty-five (45)
days after the City notifies Grantor of its intent to exercise this Option, unless the Parties
shall agree in writing otherwise. In the event that the property sale does not close due to
circumstances beyond the City's control, then Grantor shall refund to the City the amount
received as Option consideration.
Within five (5) days after the City's notification to Grantor of its intent to exercise this
Option, Grantor shall, at her own expense, deliver to the City a currently extended abstract of
title to the subject property and the City shall have ten (10) days from date of receipt with
which to examine it. If the title to the premises is found defective, Grantor shall, within five (5)
days (or such additional time as may be reasonable under the circumstances) after receipt of
written notice from the City specifying the defects in the title, perfect the title at her own
expense, and the closing of this purchase shall be deferred until title has been perfected.
The City shall have the option of waiving or curing any defects, but reserves the right to
specific performance.
All taxes and assessments on the subject premises due and owing for prior years
shall be paid by Grantor and all taxes and assessments due and owing for the year in which
the City exercises this Option shall be prorated as of the date of closing. Excise tax and the
cost of obtaining title insurance shall be paid for by Grantor. All other closing costs shall be
shared equally by the Parties.
This Option shall run with the land and shall both bind and benefit the respective
heirs, representatives, successors and assigns of Grantor and the City. During the Option
period, Grantor grants to the City the right to enter the real property to conduct inspections,
OPTION TO PURCHASE -
surveys and environmental assessments, including but not limited to excavation and drilling
for the purposes of groundwater sampling, testing and monitoring and for purposes relating to
working with the Washington State Department of Ecology to formalize and complete a
Prospective Purchasers Agreement ("PPA") concerning the subject property in compliance
with Washington law, which shall be entered and executed prior to approval of the exercise of
the Option by the City Council During the Option period, Grantor further grants to the City the
right to use the property for the purpose of satisfying the PPA requirements This Option may
be extended by mutual agreement of the parties
DATED this ,ay of July, 2009
GRANTOR
CITY OF YAKIMA
a Washington Municipal Corporation
By �
Margar . Keuler, Dick Zais
as her s parate estate City Manager
STATE OF WASHINGTON )
) ss.
County of 4, )
I certify that I know or have satisfactory evidence that Margaret L. Keuler, is the person
who appeared before me, and said person acknowledged that she signed this instrument
and acknowledged it to be her free and voluntary act, for the uses and purposes mentioned
in the instrument.
GIVEN UNDER my hand and official seal this z7'& of July, 2009.
1 ALAN BATEMAN
AN
NOTARY $ PUBLIC
C
STATE 0
COMUISSIOEXPIRESAPRIL 1-9, 20'10 J
OPTION TO PURCHASE - 3
(Printed Name)
Notary Public in and for the State
of Washington, residing at Q .
My commission expires q --(6?-10
STATE OF WASHINGTON )
) ss
County of Yakima
On this day personally appeared before me Dick Zais to me known to be the City
Manager of the City of Yakima, the Washington municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the said instrument.
GIVEN under my hand and official seal this 110 day of July, 2009.
OPTION TO PURCHASE - 4
S01/i,
(Printed Name)
Notary Public in and for the State
of Washington, residing at %-/4llVitt42,
My commission expires /`)-f S fU .
etaa e
EXHIBIT 13
SCOPE OF WORK
LANDAU ASSOCIATES
SOIL AND GROUNDWATER INVESTIGATION AND
INITIAL PROSPECTIVE PURCHASER AGREEMENT SUPPORT
201 SOUTH 312D STREET, YAKIMA, WASHINGTON
The following services will be provided in accordance with the general conditions of the Professional
Services Agreement between Landau Associates and the City/County of Yakima. In the event that project
conditions or changes in project objectives require a different level of effort than assumed, Landau
Associates will notify the City of Yakima (City) for approval of any scope or budget modifications that
may be necessary
TASK 1 — PHASE I REVIEW AND GEOPHYSICAL SURVEY
Landau Associates will review the Phase I Environmental Site Assessment (Fulcrum, February 19, 2003)
for compliance with the current guidelines presented in American Society for Testing and Materials
(ASTM) Standard Practice for Environmental Site Assessment Process, E 1527-05 and the U S
Environmental Protection Agency's (EPA's) All Appropriate Inquiry (AAI) rule Additional information
will be obtained as needed to comply with current standards In addition, Task 1 will include a review of
City records and, as appropriate based on the file review, a geophysical survey with a magnetometer to
evaluate the potential for buried tanks.
TASK 2 — PHASE 2 SITE INVESTIGATIONS
The specific scope of the Investigation will be developed based on the results of Task 1 Information
from Task 1 may change the exploration method (e g., drilled borings or excavated test pits), the number
of soil exploration locations and soil samples, the number and Location of groundwater samples, and the
appropriate analyses for soil and groundwater. For purposes of this Scope of Work, it is assumed that
these investigations will include six to ten test pits (maximum 1 day field effort) and analysis of up to 20
soil samples for petroleum related products Based on the results of the test pit investigations, the need
for additional groundwater investigations, including the potential installation and sampling of up to three
monitoring wells, will be discussed with the City Engineer It is our understanding that the results of
Task 1 and Task 2 will initially be presented verbally to the City with follow up reporting, if any,
conducted as specifically requested by the City Engineer
8/7/09 lledr deta\sheredoc\3ooproposel\C_Yeke ea'Q01 South 3rd St1201 South 3rd Street Solt ed GW Investigation Proposal 8_07_09 doc
LANDAU ASSOCIATES
TASK 3 - PROJECT MANAGEMENT, MEETINGS, INI'T'IAL PROSPECTIVE PURCHASER AGREEMENT
SUPPORT
The City has requested support from Landau Associates in obtaining a Prospective Purchaser Agreement
for the above -referenced property Preliminary discussions with the City and the Washington State
Department of Ecology are therefore included, although participation in negotiations for a Prospective
Purchaser Agreement is not included. For purposes of this scope, it is assumed that we will have up to
five meetings with the City and other parties as determined by the City to present project results and to
discuss strategic issues regarding future site development.
2
8/7/09/\9dnidata\sharedoc1000proposal\C_Ya/una1201 South 3rd S0201 South 3rd Street Sou ad GW Investigation Proposal 8_07_09 doc LANDAU ASSOCIATES
Classification
EXHIBIT C - PAY RATES
HOURLY COMPENSATION RATES'
LANDAU ASSOCIATES, INC.
Hourly
Compensation
Rate2
Principal $ 55 00
Senior Associate $ 51 00
Associate $ 46.00
Senior $ 37 00
Senior Project $ 33.00
Project $ 27 00
Senior Staff $ 24 00
Staff $ 22.00
Assistant $ 18.00
Technician $ 16 00
CADD $ 24 00
Project Coordinator $ 23 00
Word Processor $ 15 00
Support Staff $ 15.00
Hourly Compensation used for calculation of the direct salary cost (dsc). See Exhibit D
22008 rates have been extended into 2009 Compensation is subject to adjustment. The City/County will
be notified of any changes and rates will be renegotiated as appropriate
\1Edrndata\sharedoc\000proposal\C_Yekima1201 South 3rd St\Erhib4 C - Pay Rates -LAI Comp 1_14_09
Landau Associates
Exhibit C
FIELD
EXHIBIT C - PAY RATES (CONT)
EQUIPMENT & SUPPLIES RATE SCHEDULE - 2009
Rate ($)
Unit
Daily Field Equipment Charges
Air Compressor
Air Velocity Meter
Anderson Sampler
Archaeology Field Kits
Archaeology Subsurface Kit
20 00
40 00
50 00
70 00
Day
Day
Day
10 00
25 00
Day
Day
Day
Autolevel w/Tripod and Rod
15 00
Da
Bailer - Stainless Steel PVC
10 00
Day
Beach Seine
75 00
Day
Benthic Sieving Equipment
45 00
Day
Carrera - Video
35.00
Day
Videocassette
10 00
Each
Camera - 35 mm
10 00
Day
Film (35 mm)
5.00
Each
Camera - Digital
10.00
Day
Computer, Portable
35 00
Day
Density Equipment - Nuclear Densometer
50 00
Day
Density Equipment - Sand Cone
20 00
Day
Ekman Grab
45.00
Day
Ensys Field Test Kit - PCB/TPH
100 00
Day
Fathometer
20 00
Day
Flow Cell - Low Flow
5.00
Day
Flow Restrictor
15.00
Day
Generator - Honda EZ3500
50 00
Day
GPS - Trimble ProXRS/ GeoXT
110 00
Day
Groundwater Datalogger
40.00
Day
Hand Level
5.00
Day
Kemmerer Sampler
40.00
Day
Magnehelic Gauge Set
30 00
Day
Meter -Dissolved Oxygen
40.00
Day
Meter - HAM Aerosol Monitor
60 00
Day
Meter - YSI Multi GW Sensor
75.00
Day
Meter - LEUH2S/O2-MultiGas
75 00
Day
Meter - pH/Cond./Temp Cole Parmer-10
30.00
Day
Meter - PIDs
60 00
Day
Meter - ORP / Turbidity
30.00
Day
"No Park" Signs
2.00
Day
Oil -Water Interface Indicator
60 00
Day
Peat Probe
5 00
Day
Poly Tank or Drum
10 00
Day
Pump -Bladder
40.00
Day
Bladder Pump Controller
60 00
Day
Pump - Draeger or Sensidyne
10 00
Day
Pump - Honda
35.00
Day
Pump - Peristaltic
35 00
Day
Pump - Purge 12 Volt
15.00
Day
Pump - Redi Flow 2
100.00
Day
Pump - Redi Flow Controller
30 00
Day
Respirator
5.00
Day
Scale - Field Gram and Pound
5 00
Day
Shop Vac
25.00
Day
Soil Hand -Auger Equipment
15 00
Day
Soil Split -Barrel Sampler Kit (Dames & Moore)
25.00
Day
Soil Samples (Rings) - each
6 00
Each
Stream Dip Net
5 00
Day
Surber Benthic Sampler
50 00
Day i
Surge Blocks
3 00
Day
Traffic Cones
2.00
Day
Traffic Signs (Shoulder Road Work)
50.00
Day
Vane Shear Equipment
40.00
Day
Water Infiltration Testing Equipment
20 00
Day
Water Level Indicator
25 00
Day
Weed Whacker/ Brush Cutter
20 00
Day
Wetland Field Kit
30 00
Each
FIELD SUPPLIES
Rate ($)
Unit
Absorbent Pads (18" x 18")
0.75
Each
Bailer - Rope
0 10
Foot
Brass Lock
10 00
Each
Buckets with Lids
5.00
Each
Cloth Sample Bag - Small
0 70
Each
Cloth Sample Bag - Large
3.00
Each
Disposable Bailer - Regular
8.00
Each
Locks
10.00
Each
Locking Well Seal (2 -inch)
13 00
Each
Free Product Sampler
3 00
Each
Groundwater Filter (40 micron)
17.00
Each
Peristaltic - Tubing Union Fittings
2.30
Each
Peristaltic - Master Flex Tubing
5 00
Foot
Peristaltic - Poly Tubing % inch
0 35
Foot
Peristaltic - Poly Tubing Y inch
0 45
Foot
Peristaltic - Poly Tubing % inch
0.25
Foot
Peristaltic - Poly Tubing Y. inch
0.20
Foot
Shelby Tube Soil Seals
10.00
Each
Spray Marking Paint
5.00
Each
Soil Sample Chip Trays
4 00
Each
Survey Flagging
3.00
Each
Survey Stakes
0.60
Each
Tedlar Bags
16 00
Each
Wattera Foot Valve
25.00
Each
Wetland Stakes
10
Each
Zefon Spore Trap Media
10 00
Each
Easy Draw Syringe
2.25
Each
Encore Sampler
9.50
Each
Free Product Sampler
3.00
Each
MISCELLANEOUS HEALTH & SAFETY ITEMS
Rate ($)
Unit
Gloves - Nitrile
0.20
Each
Gloves - Scorpio
6 50
Pair
Gloves - Solvex, Elbow
10 00
Pair
Gloves - Solvex, Standard
3.50
Pair
Protective Suit - Saranex
19 00
Each
Protective Suit - Tyvek
7.50
Each
Protective Boot Cover - Tyvek
0.50
Pair
Protective Boot Cover - PVC
6 00
Pair
Respirator Cartridge
10.00
Each
VEHICLES
Rate ($)
Unit
Mileage
0 56
Mile
Vehicle Use
40 00
Day
sal\C_Yak'ma 12o7 South 3rd St\Exhibit C Equipment and Supplies Rate Schedule Page 2-3.doc
LANDAU ASSOCIATES
EXHIBIT C
EXHIBIT C — PAY RATES (CONT)
EQUIPMENT & SUPPLIES RATE SCHEDULE — 2009
Compaction Test
175.00
LAB UNIT RATES Rate ($)
Unit
Moisture Content
18.00
Each
Unit Weight
20.00
Each
LAB UNIT RATES Rate ($) ,
. Unit
Atterberg Limits
95.00
Each
Sieve Analysis
80 00
Each
Sieve Analysis — Large Sample
120 00
Each
200 -Wash Sieve
45.00
Each
Hydrometer
110.00
Each
Combined Analysis
180.00
Each
Compaction Test
175.00
Each
OFFICE
Rate ($)
' Unit:;
Computer Use CAD Design/GIS
15 00
Hour
Advanced Engineering Software
20 00
Hour
Copies
0.12
Page
Copies — Color
0.50
Page
Plotter Copies — B&W
1.25
Sq Ft
Plotter Copies — Color
2.50
Sq Ft
CDs/DVDs
2.00
Each
Report Combs/Covers
4 00
Set
Weekly/monthly rates can be established upon request for extended uses Charges for other special equipment and supplies are to be determined on
an as -needed basis.
8/6/09 \\Edmdata\sharedoc\000proposat\C_Yakima\201 South 3rd St\Exhibit C Equipment and Supplies Rate Schedule Page 2-3 doc
LAN DAU ASSOCIATES
EXHIBIT C
EXHIBIT D - PAYMENT SCHEDULE
FEE DETERMINATION SUMMARY
LANDAU ASSOCIATES, INC
PROJECT NAME
Third Street Yakima
Soil and Groundwater Investigation and Initial Prospective Purchaser Agreement Support
Classification Task 1
Task 2``'
Task 3 TOTAL
DIRECT SALARY COST (DSC) t' !-
TOTAL DSC $ 1,506 $ 6,324 $ 4,268 $ 12,098
OVERHEAD (OH COST - including salary additives)
OH Rate of 216.51%tot x DSC $ 3,261 $ 13,692 $ 9,241 $ 26,193
FIXED FEE (FF)
FF Rate of 30% x DSC $ 452 S 1,897 $ 1,280 $ 3,629
REIMBURSABLES t`t'
TOTAL REIMBURSABLES $ 302 $ 1,181 $ 700 $ 2,183
SUBCONSULTANTS
Geophysical Services $ 2,500 $ $
Driller/Excavator $ - $ 17,000 $ -
Utility Locate/EDR/Survey $ 280 $ 1,430 $ -
Analytical Laboratory $ $ 7,825 $ -
TOTAL SUBCONSULTANTS with 8% Handling Kil $ 3,002 $ 28,355 $ $ 31,357
CONSULTANT FEES $ 8,522 $ 51,449 $ 15,489 $ 75,461
TOTAL CONSULTANT FEE
$ 75,461
(a) Rates are calculated based on compensation rates times the number of estimated work hours.
(b) WSDOT approved OH rate
(c) Reimbursables includes travel expenses, field equipment, reproduction, etc.
(d) Subcontractor billing will be charged at a rate of cost plus a eight percent (8%) handling charge.
(e) The costs for Task 2 include groundwater investigations ($25,000) and reporting ($7,000). These activities will not commence without prior
approval of the City Engineer
Landau Associates
8/7/2009C \EClaik\Yakima Ph 2\Proposal \Revised\Payment Schedule 8 06_09 Rev
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. oZ. 0
For Meeting Of January 20, 2009
A resolution authorizing the City Manager to sign a Professional Services
Contract, together with Yakima County ("County"), with Landau Associates
for the clean-up of certain Yakima Airport property known as Richardson
Airways and investigation of Underground Storage Tanks (USTs); and for
other environmental clean-up projects in the City, as directed by the City
Manager and the City Engineer; and, authorizing the City Manager to sign
an Agreed Order with the Washington State Department of Ecology
("Ecology") to conduct the investigation of the USTs.
SUBMITTED BY: Douglas Mayo P.E., City Engineer
CONTACT PERSON/TELEPHONE: Douglas Mayo P. E., City Engineer (509) 576-6678
SUMMARY EXPLANATION: The City and the County are the co-owners of the Yakima Air
Terminal ("Air Terminal"). Certain property at the Air Terminal is listed on Ecology's
Hazardous Sites List as previous operations at the site included filling an airplane spray tank
with pesticide solution and on completion of the aerial spraying, washing the tank at the
"washdown site." Other areas of the Air Terminal property contain Underground Storage
Tanks that require investigation with the potential for additional environmental clean-up.
Continued
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source Environmental Fund 555 and Remedial Action Grants from Ecology
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the
enclosed resolution authorizing the City Manager to execute a contract with Landau
Associates, sign the Agreed Order with Ecology and any other documents necessary to
complete the environmental actions described above and others that are anticipated as
recommended by the City Manager and the City Engineer.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
Continued from front page:
It is agreed that clean up of the Richardson site and investigation of the USTs will benefit the
operations of the Air Terminal and the well being of the community.
Ecology has set aside grant funding for the City and the County that will provide ninety per
cent (90%) of the eligible costs of the clean up and the investigation. The budget for the
Phase One work, as shown on Exhibit "D", is not to exceed $224,981.
The City and the County have, pursuant to a request for qualifications, selected Landau
Associates to provide the required professional services for the clean up and the investigation.
Landau Associates is prepared to commence the work in question as directed by the City
Engineer in consultation with Ecology.
Ecology requires the City and the County sign an Agreed Order for funding for the USTs and
this resolution authorizes the City Manager to sign it in concert with the County.
In addition, the City Manager and the City Engineer also anticipate that Landau Associates is
prepared to provide professional services for other environmental clean-up projects and
investigations at their direction in the future.
•
•
•
CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL
AGREEMENT FOR YAKIMA AIR TERMINAL CLEAN-UP
THIS AGREEMENT is entered into between Yakima County, Washington (hereinafter
the "County") through its Public Services Department, whose address is 128 North 2"d Street,
4th Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter the
"City"), whose address is 129 North 2 Street, Yakima, Washington 98901, pursuant to RCW
39.34.080.
WHEREAS, the City and the County are the co-owners of the Yakima Air Terminal
("Air Terminal"); and,
WHEREAS, the City and the County are working together to address environmental
contamination at the Air Terminal; and,
WHEREAS,. the Washington State Department of Ecology is providing grant funding
for two projects at the Air Terminal identified as (1) the Richardson Airways site. and (2) the
underground storage tanks (UST's); and,
WHEREAS, the Department of Ecology grants require administration as well as
allocation of City and County duties; and,
' WHEREAS, the City and the County share the responsibility for the grants;
NOW, THEREFORE, IT IS HEREBY AGREED as follows:
'1. Purpose. The purpose of this Agreement is to define the responsibility for funding
reimbursement for two projects involving environmental clean-up at the Air Terminal identified
as (1) the Richardson Airways, site and (2) the underground storage tanks (UST's).
2. Duration of Agreement. This Agreement shall become effective on the date of signing by
the City 'and the County, as `?veli as filing in accord with Section 16, and shall continue until
terminated by either party in accordance with Section 11 of this Agreement.
3. Obligations of the Parties.
A. The County will:
a) Share equally in the costs with the City for the expenditures and services that are
not eligible for reimbursement under the state and federal funding standards.
b) Share equally the local match.
c) Share equally any expenditure incurred that exceeds the grant application funding,
provided, that any such expenditure shall be subject to the prior review and
approval of the parties.
NSW; 1 of 4
13. The City will:
a) Administer the grants in accordance with the state and federal funding standards.
b) Submit payment authorization sheets to the County for payment by the County.
C. This Interlocal Agreement shall be in full force and effect when executed by the City
and the County.
4. Administration. This Agreement shall be administered by the City Engineer and the
County's Director of Public Services.
5. No Third Party Rights. This Agreement is entered into for the sole benefit of the City
and the County. It shall confer no benefits or rights, direct or indirect, on any third parties. No
person or entity other than the City and the County may rely upon or enforce any provision of
this Agreement.
6. Indemnification and Hold Harmless.
A. Each party hereto agrees to be responsible and assume liability in the performance of
this Agreement for its own wrongful and/or negligent acts or omissions, and those of
its officers, agents, or employees to the fullest extent allowed by law.
13. The provisions of this Section shall survive the termination or expiration of this
Agreement.
C. Nothingcontained in this Section or this Agreement shall create a liability or a right
of indemnification in any third party.
7. Integration. This Agreement contains all of the terms and conditions agreed on by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement, are deemed to exist or to bind either of the parties.
8. Modifications. The parties may modify this Agreement but no proposed changes or
modifications shall have validity or become binding on either party unless such changes or
modifications are in writing and executed by both parties.
9. Severability.
A. If a court- of competent jurisdiction holds any part, term or provision of this
Agreement illegal, or invalid in whole or in part, the validity of the 'remaining
provisions shall not be affected, and the parties' rights and obligations shall be
construed and enforced as if the Agreement did not contain the particular provision
held invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of
the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified
to conform to such statutory provision_
Pace 7 of 4
10. Waiver. The waiver by either party of any term or condition of this Agreement shall not
operate in any way as a waiver of any other condition, obligation or term or prevent either party
from enforcing such provision.
11. Termination. The parties may terminate this Agreement, with or without cause, by
written notice from either party to the other party thirty (30) days in advance of the termination.
In the event of termination, the amount of compensation shall be for services rendered through
the termination date,
12. Survival. Any provision of this Agreement which imposes an obligation after expiration
or termination of this Agreement shall survive the expiration or termination and shall bind the
parties.
13. Notices. Unless otherwise stated herein, all notices and demands are required in written
form and sent to the parties at their addresses as follows:
TO
CITY OF YAKIMA:
R. A. Zais, Jr., City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
TO YAKIMA COUNTY:
Vern Redifer
Director, Public Services
128 North Second Street
Yakima, WA 98901
14. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Wa bington.
15. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County.
16. Compliance with Law. All Parties to this Agreement shall comply with all applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of this
Agreement.
17. Filing. Copies of this Agreement shall be filed with the Yakima County Auditor,
pursuant to RCW 39.34.040, and with the City Clerk of Yakima.
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Interlocal City of Yakima/Yakima County Agreement for Yakima Air Terminal Clean -Up
CITY OF YAKIMA BOARD OF YAKIMA COUNTY
R.A. Zais, Jr., City Manager
/'•/7- '?
Date Signed
CITY CONTRAC f N0: 6:52:09— /6 -472. -
RESOLUTION
Attest:
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Y AKIM,q c, �,.
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ao • Lawrence Watters
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Date Signed
e Leila, Commissioner
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Date Signed •
uchey, Commissioner
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Date Signed
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pro ed as to
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Chi- 'evil Deputy Prosecuting
Attorney
Christina S. Steiner
Clerk of the Board Z•c,
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Pace 4 of 4
Senior Assistant City Attorney