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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 y �J-hAcr l--3) 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 Page 1 of 5 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. Page 2 of 5 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. Page 3 of 5 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 Page 4 of 5 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 �� / Page 5 of 5 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