HomeMy WebLinkAboutR-2015-046 Trolley Barn Property Environmental Cleanup Agreement with the Department of Ecology [FUNDING]RESOLUTION NO. R-2015-046
A RESOLUTION authorizing the execution of an Interagency Agreement with the
Department of Ecology (Ecology), for $230,000 of Ecology funds, for the
environmental cleanup of a portion of the Trolley Barn property.
WHEREAS, the Department of Ecology has remaining funds that need to be spent prior
to the end of the biennium; and,
WHEREAS, the City of Yakima, is the property owner of the Trolley Barn at 404 S. 3rd
Avenue; and,
WHEREAS, Ecology has prepared an Interagency Agreement with the City of Yakima to
provide $230,000 for the environmental cleanup of a portion of the Trolley Barn property, with
no funding match required by the City of Yakima; and,
WHEREAS, the City has had discussions with a consultant and have been assured that
the work can be completed within the timeframe; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Interagency Agreement with the
Department of Ecology, for 230,000 of Ecology funds, for the environmental cleanup of a portion
of the Trolley Barn property.
ADOPTED BY THE CITY COUNCIL this 7th day of April, 2015.
ATTEST.
Sonya Claar , City Clerk
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Micah Cawy, Mayor
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DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1500126
INTERAGENCY AGREEMENT (IAA)
BETWEEN
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
THIS INTERAGENCY AGREEMENT is made and entered into by and between the STATE OF
WASHINGTON, DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY," and the CITY
OF YAKIMA hereinafter referred to as the "CITY," pursuant to the authority granted by Chapter 39.34
RCW.
IT IS THE PURPOSE OF THIS AGREEMENT to complete interim remedial actions at the Yakima
Valley Transportation Company Trolley Barn site. Remedial actions include removal and disposal of
contaminated soils and treatment of groundwater associated with a former underground storage tank (UST)
basin, decommissioning an UST under the Substation building, placement of gravel on bare ground as an
institutional control for shallow metals contamination in soil, and filing of an environmental covenant for the
City's Trolley Barn property. A soil management plan associated with the environmental covenant will also
be prepared.
THEREFORE, IT IS MUTUALLY AGREED THAT:
1) STATEMENT OF WORK
The CITY shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all
things necessary for or incidental to the performance of the work set forth in Appendix A, attached hereto and
incorporated herein.
2) PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this IAA shall commence on April 1, 2015, and
be completed by June 30, 2015, unless terminated sooner as provided herein. Amendments extending the
period of performance, if any, shall be at the sole discretion of ECOLOGY.
3) COMPENSATION
Compensation for the work provided in accordance with this IAA has been established under the terms of
RCW 39.34.130, and in accordance with Governor's Executive Order 10-07 and RCW 39.26.180(3). This is
a performance-based contract, in which payment is based on the successful completion of expected
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State of Washington, Department of Ecology
IAA No.
deliverables. The parties have determined that the cost of accomplishing the work herein will not exceed
$230,000. Payment for satisfactory performance of the work shall not exceed this amount unless the parties
mutually agree to a higher amount. Compensation for services shall be based on the terms set forth in
accordance with the tasks listed in Appendix A, Statement of Work and Budget, which is attached hereto and
incorporated herein. ECOLOGY will not make payment until it has reviewed and accepted the completed
work.
4) BILLING PROCEDURE
The CITY shall submit state form, Invoice Voucher A19 -IA, and Progress Reports for payment requests.
Payment will be made within thirty (30) days of a properly completed invoice, form A19 -IA, with
supportive documentation. Each invoice shall reference this Agreement (IAA) number and clearly identify
the items related to performance under this Agreement. All expenses invoiced shall be supported with copies
of invoices paid. Upon expiration of this Agreement, any claim for payment not already made shall be
submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier.
Invoices are to be sent to:
State of Washington
Department of Ecology
Attn: Katherine Scott
Toxics Cleanup Program
P.O. Box 47600
Olympia, WA 98504-7600
Invoices may be submitted on a monthly basis or at the completion of the work.
Payment for approved and completed work will be issued through Washington State's Department of
Enterprise Services Statewide Payee Desk. To receive payment you must be registered as a state-wide
vendor. To register submit a state-wide vendor registration form and an IRS W-9 form at website,
http://www.des.wa.gov/services/ContractingPurchasing/BusinessNendorPay/Pages/default.aspx. If you
have questions about the vendor registration process you can contact DES at the Payee Help Desk at
(360) 407-8180 or email payeehelpdesk@des.wa.gov.
5) ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
6) SUBCONTRACTORS
The CITY agrees to take complete responsibility for all actions of any Subcontractor used under this
Agreement for the performance. When federal funding is involved there will be additional subcontractor
requirements and reporting.
Prior to performance, the CITY shall identify subcontractor(s) who will perform services in fulfillment of
Agreement requirements, including their name, the nature of services to be performed, address, telephone,
WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN),
and anticipated dollar value of each subcontract.
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State of Washington, Department of Ecology
IAA No.
7) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other party,
which consent shall not be unreasonably withheld.
8) DISPUTES
In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the
following manner. Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a
determination of the dispute. The determination of the Dispute Board shall be final and binding on the
parties hereto. The cost of resolution will be borne by each party paying its own cost. As an alternative
to this process, either of the parties may request intervention by the Governor, as provided by RCW
43.17.330, in which event the Governor's process will control.
9) FUNDING AVAILABILITY
ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding
from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date
and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect
to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to
new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the
agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise
any of these options with no notification restrictions.
10) GOVERNING LAW AND VENUE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of
the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for
Thurston County.
11) INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other party.
12) ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and rules.
b. Mutually agreed written amendments to this Agreement.
c. This Agreement.
d. Statement of Work and Budget.
e. Any other provisions of this Agreement, including materials incorporated by reference.
13) RECORDS MAINTENANCE
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State of Washington, Department of Ecology
IAA No.
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of
the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of
both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal
officials so authorized by law. All books, records, documents, and other material relevant to this Agreement
will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any
persons duly authorized by the parties shall have full access and the right to examine any of these materials
during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other party,
will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not
disclose or make available this material to any third parties without first giving notice to the furnishing party
and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and
protections to assure that records and documents provided by the other party are not erroneously disclosed to
third parties.
14) RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by
the U.S. Copyright Act of 1976 and shall be owned by ECOLOGY. Data shall include, but not be limited to,
reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs,
films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the
ability to transfer these rights.
15) SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect
without the invalid provision, if such remainder conforms to the requirements of applicable law and the
fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be
severable.
16) TERMINATION FOR CAUSE
If for any cause, either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the
other party written notice of such failure or violation. The responsible party will be given the opportunity to
correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement
may be terminated immediately by written notice of the aggrieved party to the other.
17) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement upon thirty (30) days' prior written notification to the other party.
If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred
in accordance with the terms of this Agreement prior to the effective date of termination.
18) WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement
unless stated to be such in a writing signed by an authorized representative of the party and attached to the
original Agreement.
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State of Washington, Department of Ecology
IAA No.
19) AGREEMENT MANAGEMENT
The representative for each of the parties shall be responsible for and shall be the contact person for all
communications and billings regarding the performance of this Agreement.
The ECOLOGY Representative is:
The CITY OF YAKIMA Representative is:
Name: Matt Durkee
Address: Department of Ecology
15 West Yakima Avenue, Suite 200
Yakima, WA 98902
Phone: (509) 454-7835
Email: matthew.durkee@ecy.wa.gov
Name: Brett Sheffield
Address: City of Yakima
129 North 2nd Street
Yakima, WA 98901
Phone: (509) 576-6797
Email: brett.sheffield@yakimawa.gov
20) ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement.
State of Washington
Department of Ecology
Signatur
in, 4�i'fr5
ate Sig
City of Yakima
Polly Zehm Tony 0' ourke
Deputy Director
Approved as to form.
Attorney General's Office
City Manager
5
CITY CONTRACTNO:r)1>
RESOLUTION NO: P-0,0/ 5- - Q`�W
State of Washington, Department of Ecology
IAA No.
APPENDIX A
STATEMENT OF WORK
Remedial Actions: The CITY will perform the following work.
Task 1 Develop Interim Action Plan, Permits, Design Plans, and Specifications: The CITY shall
develop an interim action plan, permits, design plans, and specifications for conducting an interim
remedial action at the Yakima Valley Transportation Company Trolley Barn site. The design plans and
specifications shall be used for bidding/construction purposes.
Task 2 Conduct an Interim Remedial Action: Remove petroleum contaminated soil, apply chemical
oxidant to the excavation (if needed), regrade if necessary and cap soil contaminated with heavy metals, and
decommission one underground storage tank in place at the Yakima Valley Transportation Comapany
Trolley Barn site. ECOLOGY and the CITY have reviewed remediation options and have determined that
removal and off site disposal of petroleum contaminated soil is preferred. The CITY will remove and dispose
of accessible petroleum contaminated soil at an approved landfill. Chemical oxidant may be applied in the
remedial excavation to treat localized groundwater contamination. For soils with shallow heavy metals
contamination, the soil shall be regraded if necessary and capped with gravel. If any heavy metals
contaminated soil does need to be removed from the site due to regrading, the CITY will dispose of this soil
at an approved landfill. An underground storage tank located under the substation building will be
decommissioned in place.
ECOLOGY has already conducted sampling and analysis and other additional investigations, as required, to
characterize petroleum and heavy metals contamination in soil present on the property. Ecology has also
investigated groundwater at the Site and prepared a focused cleanup approach technical memorandum
outlining cleanup alternatives.
Task 3 Prepare and File an Environmental Covenant: The CITY has agreed to file an environmental
covenant at the Trolley Barn property and develop and implement safe -soil practices at this property to limit
exposures to people to lead and other metals contaminated soils. The CITY and ECOLOGY will work with
Central Washington Comprehensive Mental Health to have them file an environmental covenant for the
parking lot property adjacent to the Trolley Barn property.
Deliverables:
• Submittal of an interim action plan, design plans, and specifications prepared in both hardcopy and
electronic format.
• Submittal of interim remedial action and environmental reports prepared in both hardcopy and
electronic format.
• Submittal of Environmental Information Management (EIM) data into Ecology's central database
for environmental monitoring data.
• Submittal of one (1) environmental covenant completed and filed with Yakima County.
• Submittal of safe -soil practices policy and operations guide (soil management plan) for managing
contaminated soil.
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State of Washington, Department of Ecology
IAA No.
Budget:
Task 1: Develop Interim Action Plan, Permits, Design Plans, and Specifications $20,000
Interim Action Plan
1 @ LS of $5,000
Permits
1 @ LS of $5,000
Design Plans & Specifications
1 each @ LS of $10,000
NOTE: Ecology may provide assistance with the interim action plan
and provide heavy metals analytical support for development of plans.
Task 2: Conduct Interim Remedial Actions $205,000
Former underground storage tanks basin contaminated soil excavation, disposal,
and clean import
700 cubic yards (estimate) @ $131 /cy = $92,000
Temporary fencing
1 @ LS of $1,000
Chemical Oxidant (if needed)
500 lbs (estimate) @ $4/lb = $2,000
Chemical Oxidant Application cost
1 @ LS of $5,500
Shallow heavy metals soil contamination excavation (if nessecary) and
capping with gravel
300 cubic yards excavation and disposal (estimate) @ $65/cy = $19,500
550 cubic yards gravel (estimate) @ $25/cy = $13,750
Decommissioning of one (1) underground storage tank in place
1 @ LS of $10,000
Construction oversight, sampling and chemical analysis, and reporting
1 @ LS of $16,000
Contingency (20%) of Task 2 sub -total ($186,250)
1 @LSof$18,750
Task 3: Prepare and File Environmental Covenant $5,000
One (1) Environmental Covenant Preparation and Filing and
Associated Soil Management Plan Preparation
1 @ LS at $5,000
TOTAL $230,000
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State of Washington, Department of Ecology
IAA No.
APPENDIX B
SPECIAL TERMS AND CONDITIONS
1) SUBMITTING DATA TO ECOLOGY'S ENVIRONMENTAL INFORMATION
MANAGEMENT SYSTEM (EIM)
The CITY shall submit all sampling data to ECOLOGY in both printed and electronic formats in accordance
with WAC 173-340-840(5) and ECOLOGY's Toxics Cleanup Program Policy 840: Data Submittal
Requirements. Failure to submit sampling data will result in the withholding of funding. Progress Reports
must indicate if sampling data was submitted during the reporting period.
Sampling data must be submitted in EIM system format. The EIM system is ECOLOGYy's main
repository for electronic environmental monitoring data. It is intended to provide an accessible means by
which to examine and evaluate environmental monitoring data. For EIM information:
http://www.ecy.wa.gov/eim/ or Jenna Durkee, TCP EIM Data Coordinator, (509) 454-7865.
2) FUND SOURCE
This project is being funded by ECOLOGY's Eastern Washington Clean Sites Initiative (CSI). There are no
federal funds in this agreement.
8
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.K.
For Meeting of: April7, 2015
A) Resolution authorizing an agreement with the Department of
Ecology, for $230,000 of Ecology funds, for the environmental
cleanup of a portion of the Trolley Barn property B) Ordinance
Amending the 2015 Trolley Fund budget for the City of Yakima
(first reading)
Debbie Cook, PE, Director of Utilities and Engineering
Brett Sheffield, Chief Engineer - 509-576-6797
SUMMARY EXPLANATION:
The Department of Ecology has remaining funds that need to be spent prior to the end of the biennium
(June 30, 2015), and they would like to use those funds for the environmental cleanup of a portion of the
Trolley Barn property.
The Interagency Agreement would provide $230,000 for the project, without requiring any matching
funds from the City of Yakima.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted:
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
Ordinance:
Contract Term:
End Date:
Amount:
Fund 162, Ecology Interagency Agreement
City Manager
RECOMMENDATION:
Staff recommends approval of this resolution.
ATTACHMENTS:
Description
❑ Resolution
❑ INTERAGENCY AGREEMENT (IAA)
❑ ordinance
Upload Date
3/30/2015
3/30/2015
4/2/2015
Type
Cover Memo
Cover Memo
Cover Memo
AN ORDINANCE
ORDINANCE NO. 2015
amending the 2015 budget for the City of Yakima; and making
appropriations of $230,000 within the 162 — Trolley Fund, for
expenditure during 2015 to provide for the environmental cleanup
of a portion of the Trolley Barn property, to be funded with a
Department of Ecology grant.
WHEREAS, by separate Resolution, the City is entering into a grant agreement with
Department of Ecology for $230,000, and
WHEREAS, the amount of $230,000 must be appropriated within the 162 — Trolley
Fund, for expenditure during 2015 to provide for the environmental cleanup of a portion of the
Trolley Barn property, to be funded with the aforementioned Department of Ecology grant, and
WHEREAS, at the time of the adoption of the 2015 budget it could not reasonably have
been foreseen that the appropriation provided for by this ordinance would be required; and the
City Council declares that an emergency exists of the type contemplated by RCW 35.33.091
and that it is in the best interests of the City to make the appropriation herein provided, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: The amount of $230,000 is hereby appropriated from the Unappropriated
Fund Balance in the 162 — Trolley Fund Account 162 2066500 titled Trolley Construction
Projects as a 2015 appropriation, to be funded by additional revenue of $230,000 in Account
162 8953445 titled Department of Ecology Grant.
Section 2: This ordinance is one making an appropriation and shall take effect
immediately upon its passage, approval and publication as provided by law and by the City
Charter.
PASSED BY THE CITY COUNCIL, signed and approved this day of
2015.
MICAH CAWLEY, MAYOR
ATTEST:
CITY CLERK
First Reading:
Publication Date:
Effective Date:
Cje Yakima.5361.1.Trolley_Grant_Approp_Ord_15.docx 4/2/2015