HomeMy WebLinkAbout05/19/2015 05I Tiger Oil Site Cleanup Agreement with the Washington State Department of EcologyITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.I.
For Meeting of: May 19, 2015
Resolution authorizing the execution of an agreement with the
Department of Ecology for $150,000 of Ecology funds, for
additional cleanup activities required at the former Tiger Oil site
located at 1212 West Nob Hill Boulevard
SUBMITTED BY: Joan Davenport, PE, Director of Community Development
Brett Sheffield, Chief Engineer - 509-576-6797
SUMMARY EXPLANATION:
During cleanup activities of the former Tiger Oil site located at 1212 West Nob Hill Boulevard, additional
petroleum contaminated soil was discovered in locations that had not previously been tested. The
Department of Ecology (Ecology) requested that this additional contaminated soil be removed, along with
a few other items to be added to the cleanup of the site. To pay for this additional work, Ecology amended
the Remedial Action Grant by an increase of $450,000 and provided an additional $150,000 through the
attached Interagency Agreement.
Due to the nature of the funding from Ecology, the agreement was executed on April 16, 2015. Staff
requests that the City Council formally ratify the execution of this agreement.
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted:
Funding Source/Fiscal Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
Ordinance:
Contract Term:
End Date:
Amount:
Fund 162, Ecology Interagency Agreement
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff recommends approval of this resolution.
ATTACHMENTS:
Description
El Resolution IAA
1-11 Ecology IAA
Upload Date
5/8/2015
5/8/2015
Type
Cover Memo
Cover Memo
RESOLUTION NO. 2015 -
A RESOLUTION authorizing the execution of an Interagency Agreement with the
Department of Ecology (Ecology), for $150,000 of Ecology funds, for
additional cleanup activities required at the former Tiger Oil site located at
2312 West Nob Hill Boulevard.
WHEREAS, the Department of Ecology has partnered with the City of Yakima for the
cleanup of the former Tiger Oil site located at 2312 West Nob Hill Boulevard; and,
WHEREAS, during the cleanup activities of the site, additional contaminated soils were
discovered, which prompted Ecology to provide additional funds for its removal and add a few
other items to the contract to improve the cleanup effort; and,
WHEREAS, Ecology has prepared an Interagency Agreement with the City of Yakima to
provide $150,000 for these additional cleanup efforts, with no funding match required by the City
of Yakima; and,
WHEREAS, the City Council finds and determines that approval of this interagency
agreement is in the best interest of the City of Yakima; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager is hereby authorized to execute the Interagency
Agreement with the Department of Ecology, for $150,000 of Ecology funds, for the
environmental cleanup the former Tiger Oil site located at 2312 West Nob Hill Boulevard
Section2. The effective date of this Interagency Agreement is hereby ratified and
approved as and from April 13, 2015.
ADOPTED BY THE CITY COUNCIL this 19th day of May, 2015.
Micah D. Cawley, Mayor
ATTEST:
Sonya Claar-Tee, City Clerk
DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1500131
INTERAGENCY AGREEMENT (IAA)
BETWEEN
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
THE 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 for the CITY to adminster the cleanup project at the
Tiger Oil site (24t11 & Nob Hill).
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 15, 2015, or
date of final signature, whichever comes later, 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
deliverables. The parties have determined that the cost of accomplishing the work herein will not exceed
$150,000. 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.
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State of Washington, Department of Ecology
IAA No. C1500131
4) BILLING PROCEDURE
The CITY shall submit Invoice Voucher A19 -1A and a Progress Report for payment requests. Payment
will be made within thirty (30) days of a properly completed invoice, form A19 -1A, 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
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,
hti,p_// v^e c es wggovfse vice /C on 1acap.glPurchasing l usapes° f 'undof_Pay/i_' g_,sj J aujt_ i p . If you
have questions about the vendor registration process you can contact DES at the Payee Help Desk at
(360) 407-8180 or email payee .e p esk@des._,.:..._ .gnv.
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.
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
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State of Washington, Department of Ecology
IAA No. C 150013 1
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
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.
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State of Washington, Department of Ecology
IAA No. C1500131
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. C1500131
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:
Name: Valerie Bound
Address: Dept. of Ecology
15 West Yakima Avenue, Suite 200
Yakima, WA 98902
Phone: 509-454-7886
Email: valerie.bound@ecy.wa.gov
Fax: 509-575-2809
The City Representative is:
Name: Brett Sheffield
Address: City of Yakima
129 North 2nd Street
Yakima, WA 98901
Phone: 509-576-6797
Email: brett.sheffield@yakimawa.gov
Fax: 509-576-6305
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
cic,4-40?
Signat@ /I ....................._..............................................._...Date..................,..
,.c 'n C3 i `C r
Polly Zehm
Deputy Director
Approved as to form:
Attorney General's Office
City of Yakima
Tony O'Rourke
City Manager
5
Date
State of Washington, Department of Ecology
IAA No. C1500131
APPENDIX A
STATEMENT OF WORK
Introduction
• The CITY will manage the cleanup project at the Tiger Oil site (24th & Nob Hill) and handle the
hiring of contractors and subcontractors necessary to complete the work required.
• The objective is to ensure smooth project management and administration for this high-profile
community project.
Requirements and Tasks
• The CITY will provide overall administration of the cleanup to ensure contractors and
subcontractors stay on -task and on schedule, as well as handle any unforeseen issues that arise.
• The CITY will also be responsible for handling the post -construction cleanup activities, and
initiate post -construction monitoring.
• The CITY will provide documentation of contamination found and cleanup actions implemented.
These will include, at a minimum:
• Final post -construction cleanup report
• Groundwater monitoring report
Due Date:
Budget:
Prior to 6/30/15
$100,000 Project administration and reports
$ 50,000 Post-contruction monitoring activities
$150,000 total project cost
6
ITEM TITLE:
SUBMITTED BY:
SUMMARY EXPLANATION:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Lcorrec--hon
Distributed at the
Meeting 51
Item No. 5.I.
For Meeting of: May 19, 2015
Resolution authorizing the execution of an agreement with the
Department of Ecology for $150,000 of Ecology funds, for
additional cleanup activities required at the former Tiger Oil site
located at' -2 West Nob Hill Boulevard
2 3Joan Davenport, PE, Director of Community Development
Brett Sheffield, Chief Engineer - 509-576-6797
During cleanup activities of the former Tiger Oil site located at 1-2-12 West Nob Hill Boulevard, additional
petroleum contaminated soil was discovered in locations that had not previously been tested. The
Department of Ecology (Ecology) requested that this additional contaminated soil be removed, along with
a few other items to be added to the cleanup of the site. To pay for this additional work, Ecology amended
the Remedial Action Grant by an increase of $450,000 and provided an additional $150,000 through the
attached Interagency Agreement.
Due to the nature of the funding from Ecology, the agreement was executed on April 16, 2015. Staff
requests that the City Council formally ratify the execution of this agreement.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact: Fund 162, Ecology Interagency Agreement
Strategic Priority:
Insurance Required? No
Mail to:
Phone: