HomeMy WebLinkAboutState of Washington Department of Ecology - Kissel Park Development Funding Agreementof lo�
INTERAGENCY AGREEMENT
between
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
and
CITY OF YAKIMA
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Agreement No.
THIS AGREEMENT is made and entered into by and between the DEPARTMENT OF
ECOLOGY, hereinafter referred to as ECOLOGY and the City of Yakima, hereinafter referred to
as the CITY.
IT IS THE PURPOSE OF THIS AGREEMENT to provide for development and
implementation of a pilot study to evaluate the effectiveness, from both a cost and technical
perspective, of various technologies to remediate site soils contaminated by lead arsenate.
Ecology hopes that the information gained will be applicable to the statewide issue of how to bet
treat low-level pesticide contamination in founer agricultural lands now being converted to
residential land and other uses.
THEREFORE, IT IS MUTUALLY AGREED THAT:
STATEMENT OF WORK
The CITY shall furnish the necessary personnel, equipment, material and/or services and
otherwise do all things necessary for or incidental to the performance of the work set forth in
Attachment "A" attached hereto and incorporated herein.
PERIOD OF PERFORMANCE
Subject to its other provisions, the period of performance of this Agreement shall commence on
March 19, 2001, and be completed on June 30, 2001, unless terminated sooner as provided
herein.
PAYMENT
Compensation for the work provided in accordance with this agreement has been established
under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing
the work herein will not exceed $25,000. Payment for satisfactory performance of the work shall
not exceed this amount unless the parties mutually agree to a higher amount prior to the
commencement of any work which will cause the maximum payment to be exceeded.
Compensation for services shall be based on the following rates and in accordance with the
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following terms, or as set forth in accordance with the budget in Attachment "B" which is
attached hereto and incorporated herein.
BILLING PROCEDURE
The CITY shall submit invoices not more often than once a month, with the final invoice
submitted no later than July 31, 2001. Payment to the CITY for approved and completed work
will be made by warrant or account transfer by ECOLOGY within 30 days of receipt of the
invoice. Upon expiration of the contract, 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.
RECORDS MAINTENANCE
The parties to this contract shall each maintain books, records, documents and other evidence
which sufficiently and properly reflect all direct and indirect costs expended by either party in the
performance of the services 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.
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.
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.
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AGREEMENT 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.
TERMINATION
Either party may terminate this Agreement upon 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.
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 the failure or
violation is not corrected, this Agreement may be terminated immediately by written notice of the
aggrieved party to the other.
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, contract terms and applicable statutes and rules
and make a determination of the dispute. The determination of the Dispute Board shall be final
and binding on the parties hereto. 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.
GOVERNANCE
This contract 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.
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 state and federal statutes and rules;
b. Statement of work; and
c. Any other provisions of the agreement, including materials incorporated by
reference.
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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.
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.
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.
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.
CONTRACT MANAGEMENT
The contract manager 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 Contract Manager for ECOLOGY is:
The Program Manager for the CITY is:
Jan Swanberg
Toxics Cleanup Program
PO Box 47600
Olympia, WA 98504-7600
(360) 407-7213
Denise Nichols
Parks and Recreation Manager
2301 Fruitvale Blvd.
Yakima, WA 98902
(509) 575-6020
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IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE OF WASHINGTON
D ARTME T ECOLO Y
By:
Title: ?1 +T /kW ki+14 4/M1/
)Ho1
Date:
APPROVED AS TO FORM ONLY:
CHRISTINE O. GREGOIRE
Attorney General
CITY OF YAKIMA
By: ;.:.A . z,+
Title: L°y ; y /21/4A/eefri
Date: ,3A �� /
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CITY CONTRACT WO al.7/ � i
APPENDIX A
STATEMENT OF WORK
Project Background
The City of Yakima plans to develop Kissel Park from its current use as a hay field into a park
with both active and passive elements. The active elements of the park will be centered around
nine tennis courts and three multi-purpose courts located in the southern half of the site. In
addition to the courts, park development will include hard -surface trails, picnic shelter, an 80 -
space parking lot, play area, restroom, storage building, and water and sewer lines.
Currently, the site is composed of 17 acres of undeveloped land along the banks of Wide Hollow
Creek within a residential neighborhood in the City of Yakima. Between 1970 and 1986, the site
was used as a hay field, and since 1987 by the Eisenhower High School as a land lab to
supplement its agricultural program. Prior to that, from at least the 1930's through the 1950's,
the site was used as an orchard. To control the coddling moth, lead arsenate was commonly
used as a spray -on insecticide during that time. Because of this concern, the City of Yakima
tested soils in September 2000 due to the possible use of site soil as fill at the planned
Chesterly Park. Results of that testing are shown in Table 1. Average concentrations of
arsenic were 32 mg/kg, above the 20 mg/kg Method A cleanup level. Average concentrations of
lead were 179 mg/kg, less than the 250 mg/kg cleanup level. Individual samples, however,
contained lead concentration up to 357 mg/kg. Additional testing was performed for DDT with
one of five samples containing DDT at the 1 mg/kg cleanup level and the remaining sample
concentrations below this level. The Department of Ecology was formally notified of the sample
results by letter in November of 2000.
Following that, the City of Yakima decided to clean up the site via an Agreed Order with the
Department of Ecology. That Agreed Order, currently out for public comment, specifies that a
remedial investigation/feasibility study (RI/FS) be done of the lead and arsenic in site soil. In
February 2001, remedial investigation sampling was performed at the site. The results will be
summarized in a focused RI/FS. In addition, the Agreed Order specifies that a pilot study of
cost effective treatment technologies be done by the city. The purpose of the pilot study is to
evaluate the effectiveness, from both a cost and technical perspective, of various technologies
to remediate site soils. Ecology hopes that the information gained will be applicable to the
statewide issue of how to best treat low-level pesticide contamination in former agricultural
lands now being converted over to residential use.
Scope of Services
The contractor shall perform the following specific scope of services for the pilot study:
1. Prepare Study Plan
The contractor shall prepare a brief study plan. The study plan will summarize the nature of
the problem, and identify a number of low-cost technologies to be field tested for
remediation of lead and arsenic in former agricultural lands. At the request of Ecology, the
technologies identified shall all incorporate deep -tilling. However, site conditions may
indicate that non -tillage technologies are more appropriate, in which case, non -tillage
technologies will be substituted. The study plan shall draw upon information from the
feasibility study to select the specific technologies for testing. For each technology, the
study plan will include a soil sampling plan to evaluate the effectiveness of the technology.
A draft study plan shall be submitted to Ecology for review, followed by a final study plan.
Expected length of the study plan is 4-6 pages.
2. Select/Bid Technologies for Implementation
The contractor shall identify vendors and prepare subcontractor specifications for each
technology to be field -evaluated. A subcontractor(s) shall then be selected and contracted
to pilot test each technology.
3. Perform Field Studies
Field studies of each technology will be performed on approximately one-half to one -acre
parcels at the site. The field studies shall use full-scale, locally available equipment and be
overseen by a qualified supervising individual. Soil sampling and other evaluation criteria
will be performed as outlined in the study plan.
4. Results Reporting
A brief report shall be prepared that summarizes each field-tested technology. Items to be
discussed include documentation of work performed and samples collected. Discussion of
the relative effectiveness, implementibility, cost, and scalability will not be included as these
will be discussed in the final feasibility study. Expected length of the report shall be 7-10
pages, with no figures, other than those generated in the field.
BUDGET
A budget to perform the scope items above is presented in Attachment B. The estimated
not -to -exceed cost is $25,000. Please note that this is an estimate only, based on projected
costs. Actual costs for each task may vary. To keep the costs within the allocated budget,
the actual number of technologies that can be field-tested may be adjusted, either upward or
downward to keep within the budget, once the subcontractor bids are received.
SCHEDULE
The draft study plan will be delivered two weeks after the interagency agreement is finalized
around mid-March 2001. The subcontractor bidding shall require 3 weeks, expected to be
completed by the end of April 2001. The expected Pilot test field implementation will occur
by mid-May of 2001 and require 1 week with an additional two weeks for receipt of analytical
results. The final report will be prepared within 3 weeks after written results are received,
APPENDIX B
ITEM
Rate
Task 1:Prepare Study Plan
1
Senior Project Manager
$125.00
hr
2
s250.00
Geologist
$85.00
hr
6
*510.00
Admin Assistant
$50.00
hr
6
$300.00
Subtotal Task 1
$ 1,060.00
Task 2: SelectlBid Technologies for
Implementation
Senior Prolect Manager
$125.00
hr
4
$500.00
Geologist
$85.00
hr
8
$680.00
Admin (includes subcontracting, bids, etc.)
$50.00
hr
12
$600.00
Other Direct Costs
S97.50
Is
1
$97.50
Subtotal Task 2
$ 1,877.50
3. Perlorm Field Studies
Heavy Equipment Subcontractor
$12,500.00
Is
1
$12.500.O0
Supervising Geologist
$85O.0O day
5
m4.250.00
Backhoe + Operator
$250.001day
5
$1.250.00
Analytical -Metals
$34.00
ea
(~ 50
'�
$1.700.00
Subtotal Task 3
$ 19,700.00
4. Results Reporting
Senior Project Manager
$125.00
hr
4
$500.00
Geologist
$85.00
hr
10
s850.00
Adminstrative Assistant
$50.00
hr
6
$300.00
Other Direct Costs (graphics, etc)
$000.00
Is
1
$600.00
Subtotal Task 4
$ 2,260.00
TOTAL
$ 24,887.50
Contigency (5%)
$ 112.50