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HomeMy WebLinkAboutR-2021-039 Agreed Order for Remediation at 1808 North First Street with Dept. of EcologyRESOLUTION NO. R-2021-039 A RESOLUTION authorizing an Agreed Order with Department of Ecology to provide remedial action at 1808 North First Street (formerly Tiger Oil) WHEREAS, on February 21, 2014 the City of Yakima acquired four properties formerly owned by Tiger Oil Corp -Idaho, including this parcel 18131244412 located at 1808 North First (N 1st ) Street, Yakima Washington for the purpose of remediation and redevelopment; and WHEREAS, the City has worked in good faith with the Department of Ecology in the preliminary characterization and preliminary investigation of the site related contamination which occurred in 1982. Final remediation and a "No Further Action" status is considered the outcome of this Agreed Order. An Interim Action procedure is described in the attached Agreed Order; and WHEREAS, the City of applied for and has been granted funding in the amount of $1,215,000 state share for 1808 North 1st Street (site 4922) — TCPRA-1921-Yakicm-00121 from the Washington State Remedial Action Grant program; and WHEREAS, the City has a lease -purchase agreement for the 1808 N 1st Street. Coordination with the lessor of the property at 1808 N 1st Street and owner of 1904 N 1st Street is a required element of the Interim Action for remediation; and WHEREAS, the funding from this grant agreement will be available to the City of Yakima for the Interim Action Work Plan project; and WHEREAS, the City Council finds that it is in the best interests of the City and its residents to enter into this Agreed Order and Scope of Work regarding the environmental remediation of 1808 North First Street, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to sign and execute the Agreed Order and Scope of Work for environmental remediation as described in this order from the Department of Ecology for property at 1808 N 1st Street, within the City of Yakima. ADOPTED BY THE CITY COUNCIL this 16' day of March., 2021. ATTEST: k,( P6tricia Byers, Sonya lar Tee, City Clerk , 4 , STATE OF WASHINGTON DEPARTMENT OF ECOLOGY In the Matter of Remedial Action by: City of Yakima RE: Tiger Oil N Pt St Fmr 6013 1808 N 1st St Yakima, WA 98902 TO: City ofYakima 129 North 2"d Street Yakima, WA 98901 AGREED ORDER No. DE 19882 TABLE OF CONTENTS I. JURISDICTION 2 11. PARTIES BOUND 2 III. DEFINITIONS 2 IV. FINDINGS OF FACT 3 A. Payment of Remedial Action B. Designated Project Coordinators 7 C. D. E. Sampling, Data Submittal, and Availability .9 F. Public Participation .10 G. Retention of Records .11 H. Resolution of Disputes ......................................... I. Extension of Schedule 13 J. K. L. M. Transfer of Interest in N. Compliance with Applicable EXHIBIT A EXHIBIT B Site Location Map Scope of Work (SOW) and Schedule Agreed Order No. DE 19882 Page 2 of 20 INTRODUCTION The mutual objective of the State of Washington, Department of Ecology (Ecology) and City of Yakima (City) 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 to complete an interim action for the site identified by Ecology as the Tiger Oil N 1st St Fmr 6013 (aka Tiger Oil N 1st St Site), located at 1808 N 1st St, Yakima, Washington 98902 (the Site). Ecology believes the actions required by this Order are in the public interest. I. JURISDICTION This Agreed Order is issued pursuant to the Model Toxics Control Act (MTCA), RCW 70.105D.050(1). II. 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 agree to undertake all actions required by the terms and conditions of this Ordcr. No change in ownership or cowl:irate status shun alter the City' responsibility under this Order. The City 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. III. DEFINITIONS Unless otherwise specified herein, the definitions set forth in RCW 70.105D and WAC 173-340 shall control the meanings of the terms in this Order. A. Site: The Site is referred to as "Tiger Oil N Pt St Fmr 6013". The Site constitutes a facility under RCW 70.105D.020(8). The Site is defined by where a hazardous substance, other than a consumer product in consumer use, has been deposited, stored, disposed of, or placed, or otherwise come to be located. Based upon factors currently known to Ecology, Agreed Order No. DE19882 Page 3 of 20 the Site is generally located at 1808 N 1st St, Yakima, Washington as shown in the Site Location Map (Exhibit A). B. Parties: Refers to the State of Washington, Department of Ecology and City of Yakima C. (City): Refers to City of Yakima 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. IV. FINDINGS OF FACT Ecology makes the following findings of fact, without any express or implied admissions of such facts by the City: A. The City owns parcel 18131244412, located at 1808 N. 1 st Street. According to the Yakima County GIS system, the parcel was acquired by the City from Tiger Oil Corp -Idaho on February 21, 2014. B. Ecology received a notice of a release of gasoline from a leaking underground storage tank system at this property on or about September 15, 1982 and verified the release during an initial investigation and follow-up site inspections. C. A Site Hazard Assessment was completed by Ecology on June 30, 1991. The Site Hazard Assessment resulted in the Site being given a rank of 3, on a scale with 1, the highest, to 5, the lowest. D. Soil and groundwater contamination above MTCA Method A Cleanup Levels was verified during an investigation conducted in 2017. Concentrations exceeding MTCA cleanup standards pose a risk to human health and the environment. V. ECOLOGY DETERMINATIONS Ecology makes the following determinations, without any express or implied admissions of such determinations (and underlying facts) by the City. A. The City of Yakima is an "owner or operator" as defined in RCW 70.105D.020(22) of a "facility" as defined in RCW 70.105D.020(8). Agreed Order No. DE19882 Page 4 of 20 B. Based upon all factors known to Ecology, a "release" or "threatened release" of "hazardous substance(s)" as defined in RCW 70.105D.020(32) and (13), respectively, has occurred at the Site. C. Based upon evidence Ecology deems credible, Ecology issued a potentially liable person (PLP) status letter to the City dated September 16, 2014, pursuant to RCW 70.105D.040, .020(26), and WAC 173-340-500. After providing for notice and opportunity for comment, and concluding that credible evidence supported a finding of potential liability, Ecology issued a determination that the City of Yakima is a PLP under RCW 70.105D.040 and notified the City of this determination by letter dated October 28, 2014. D. Pursuant to RCW 70.105D.030(1) and .050(1), Ecology may require the City 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. Under WAC 173-340-430, an interim action is a remedial action that is technically necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that may become substantially worse or cost substantially more to address if the remedial action is delayed, or that is needed to provide for completion of a site hazard assessment, remedial investigation/feasibility study, or design of a cleanup action plan. Based on these circumstances, Ecology has determined that an interim action is warranted under WAC 173-340-430. Either party may propose an additional interim action under this Order. If the Parties are in agreement concerning the additional interim action, the Parties will follow the process in Section VII.D. If the Parties are not in agreement, Ecology reserves its authority to Agreed Order No. DE 19882 Page 5 of 20 require additional interim action(s) under a separate order or other enforcement action under RCW 70.105D, or to undertake the interim action(s) itself. VI. WORK TO BE PERFORMED Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the City take the following remedial actions at the Site. And that these actions must be conducted in accordance with WAC 173-340: A. The City will complete an Interim Action to clean up onsite soil and groundwater with contaminants present at concentrations above MTCA Method A cleanup levels in accordance with the schedule and terms of the Scope of Work and Schedule, Exhibit B, and all other requirements of this Order. The City shall submit to Ecology written quarterly Progress Reports that describe the actions taken during the previous quarter to implement the requirements of this Order. All Progress Reports shall be submitted by the tenth (10th) day of the month in which they are due after the effective date of this Order. Unless otherwise specified by Ecology, Progress Reports and any other documents submitted pursuant to this Order shall be sent by mail and electronic mail to Ecology's project coordinator. Electronic files too large for Ecology's email system shall be burned on CDs/DVDs and mailed to Ecology. The Progress Reports shall include the following: a. A list of on -site activities that have taken place during the quarter; b. Detailed description of any deviations from required tasks not otherwise documented in project plans or amendment requests; c. Description of all deviations from the Scope of Work and Schedule (Exhibit B) during the current quarter and any planned deviations in the upcoming quarter; d. For any deviations in schedule, a plan for recovering lost time and maintaining compliance with the schedule; e. All raw data (including laboratory analyses) received by the City during the past quarter and an identification of the source of the sample; and f. A list of deliverables for the upcoming quarter if different from the schedule.] Agreed Order No. DE 19882 Page 6 of 20 B. All plans or other deliverables submitted by the City for Ecology's review and approval under the Scope of Work and Schedule (Exhibit B) shall, upon Ecology's approval, become integral and enforceable parts of this Order. C. If the Parties agree on an additional interim action under Section VI.E, the City shall prepare and submit to Ecology an Additional Interim Action Work Plan, including a scope of work and schedule, by the date determined by Ecology. Ecology will provide public notice and opportunity to comment on the Additional Interim Action Work Plan in accordance with WAC 173-340-600(16). The City shall not conduct the additional interim action(s) until Ecology approves the Additional Interim Action Work Plan. Upon approval by Ecology, the Additional Interim Action Work Plan becomes an integral and enforceable part of this Order, and the City are required to conduct the additional interim action(s) in accordance with the approved Interim Action Work Plan. D. If Ecology determines that the City have failed to make sufficient progress or failed to implement the remedial action, in whole or in part, Ecology may, after notice to the City, perform any or all portions of the remedial action or at Ecology's discretion, allow the City opportunity to correct. The City shall reimburse Ecology for the costs of doing such work in accordance with Section VIII.A (Remedial Action Costs). Ecology reserves the right to enforce requirements of this Order under Section X (Enforcement). E. Except where necessary to abate an emergency situation, the City 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. VII. TERMS AND CONDITIONS A. Payment of Remedial Action Costs The City 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 RCW 70.105D, including remedial actions and Order preparation, negotiation, oversight, and administration. These costs shall Agreed Order No. DE19882 Page 7 of 20 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). For all Ecology costs incurred, the City shall pay the required amount within thirty (30) days of receiving from Ecology an itemized statement (issued quarterly) 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. In addition to other available relief, pursuant to RCW 19.16.500, Ecology may utilize a collection agency and/or, pursuant to RCW 70.105D.055, file a lien against real property subject to the remedial actions to recover unreimbursed remedial action costs. B. Designated Project Coordinators The project coordinator for Ecology is: Frank P. Winslow Toxics Cleanup Program Washington State Department of Ecology Central Regional Office 1250 W. Alder Street Union Gap, WA 98903 Tel: 509-454-7835 Fax: 509.575.2809 frankwinslow@ecy.wa.gov The project coordinator for the City is: Bill Preston City Engineer 129 N. 2"d Street Yakima, WA 98901 Tel: 509-576-6754 bill.preston@yalcimawa.gov Agreed Order No. DE 19882 Page 8 of 20 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, 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 Order. 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. C. Performance All geologic and hydrogeologic work performed pursuant to this Order shall be under the supervision and direction of a geologist or hydrogeologist licensed by the State of Washington or under the direct supervision of an engineer registered by the State of Washington, except as otherwise provided for by RCM 1R 43 and 1R.22.0. All engineering work performed pursuant to this Order shall be under the direct supervision of a professional engineer registered by 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 by the State of Washington, except as otherwise provided for by RCW 18.43.130. Any documents submitted containing geologic, hydrogeologic, or engineering work shall be under the seal of an appropriately licensed professional as required by RCW 18.43 and 18.220. Agreed Order No. DE19882 Page 9 of 20 The City 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. D. Access Ecology or any Ecology authorized representative shall have access to enter and freely move about all property at the Site that the City either own, control, or have 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'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. The City shall make all reasonable efforts to secure access rights for those properties within the Site not owned or controlled by the City 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 unless an emergency prevents such notice. The City may provide an escort to accompany Ecology or any Ecology authorized representative. All persons who access the Site pursuant to this section shall comply with any applicable health and safety plan(s). Ecology employees and their representatives shall not be required to sign any liability release or waiver as a condition of Site property access. E. Sampling, Data Submittal, and Availability With respect to the implementation of this Order, the City 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 Program Policy 840 (Data Submittal Requirements), and/or any subsequent procedures specified by Ecology for data submittal. Agreed Order No. DE19882 Page 10 of 20 If requested by Ecology, the City shall allow Ecology and/or its authorized representative to take split or duplicate samples of any samples collected by the City pursuant to implementation of this Order. The City 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 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.D (Access), Ecology shall notify the City 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 WAC 173-50 for the specific analyses to be conducted, unless otherwise approved by Ecology. F. Public Participation CW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent public notice. Ecology shall be responsible for providing this 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. Ecology shall maintain the responsibility for public participation at the Site. However, the City shall cooperate with Ecology, and shall: 1. If agreed to by Ecology, develop appropriate mailing lists and 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 meetings related to remedial action work to be performed at the Site with the interested public and/or local governments. Likewise, Agreed Order No. DE19882 Page 11 of 20 Ecology shall notify the City prior to the issuance of all press releases and fact sheets related to the Site, and before meetings related to the Site with the interested public and local governments. For all press releases, fact sheets, meetings, and other outreach efforts by the City that do not receive prior Ecology approval, the City 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 Public Library 102 North 3rd Street, Yakima, WA 98901 b. Department of Ecology Central Regional Office 1250 W. Alder St Union Gap, WA 98903 At a minimum, copies of all public notices, fact sheets, and documents relating to public comment periods shall be promptly placed in these repositories. A copy of all documents related to this Site shall be maintained in the repository at Ecology's Central Regional Office in Union Gap Washington. G. 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 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, the City shall make all records available to Ecology and allow access for review within a reasonable time. Agreed Order No. DE19882 Page 12 of 20 Nothing in this Order is intended to waive any right the City may have under applicable law to limit disclosure of documents protected by the attorney work -product privilege and/or the attorney -client privilege. If the City withhold any requested records based on an assertion of privilege, the City shall provide Ecology with a privilege log specifying the records withheld and the applicable privilege. No Site -related data collected pursuant to this Order shall be considered privileged. H. Resolution of Disputes 1. In the event that the City elect to invoke dispute resolution the City must utilize the procedure set forth below. a. Upon the triggering event (receipt of Ecology's project coordinator's written decision or an itemized billing statement), the City have fourteen (14) calendar days within which to notify Ecology's project coordinator in writing of its dispute (Informal Dispute Notice). b. The Parties' project coordinators shall then confer in an effort to resolve the dispute informally. The parties shall informally confer for up to fourteen (14) calendar days from receipt of the Informal Dispute Notice. If the project coordinators cannot resolve the dispute within those 14 calendar days, then within seven (7) calendar days Ecology's project coordinator shall issue a written decision (Informal Dispute Decision) stating: the nature of the dispute; the City' position with regards to the dispute; Ecology's position with regards to the dispute; and the extent of resolution reached by informal discussion. c. The City may then request regional management review of the dispute. This request (Formal Dispute Notice) must be submitted in writing to the [region] Region Toxics Cleanup Section Manager within seven (7) calendar days of receipt of Ecology's Informal Dispute Decision. The Formal Dispute Notice shall include a written statement of dispute setting forth: the nature of the dispute; the disputing Party's position with respect to the dispute; and the information relied upon to support its position. Agreed Order No. DE19882 Page 13 of 20 d. The Section Manager shall conduct a review of the dispute and shall issue a written decision regarding the dispute (Decision on Dispute) within thirty (30) calendar days of receipt of the Formal Dispute Notice. The Decision on Dispute 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. 4. In case of a dispute, failure to either proceed with the work required by this Order or timely invoke dispute resolution may result in Ecology's determination that insufficient progress is being made in preparation of a deliverable, and may result in Ecology undertaking the work under Section VII.E (Work to be Performed) or initiating enforcement under Section X (Enforcement). 1. Extension of Schedule 1. The City request for 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; 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 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: Agreed Order No. DE19882 Page 14 of 20 a. Circumstances beyond the reasonable control and despite the due diligence of the City 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; b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty; or c. Endangerment as described in Section VIII.K (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. 3. Ecology shall act upon any City' written request for extension in a timely fashion. Ecology shall give the City 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.J (Amendment of Order) when a schedule extension is granted. 4. At the City' request, 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.K (Endangerment). J. 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. Except as provided in Section VIII.L (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this Order. This Order may only be Agreed Order No. DE19882 Page 15 of 20 formally amended by the written consent of both Ecology and the City. Ecology will provide its written consent to a formal amendment only after public notice and opportunity to comment on the formal amendment. When requesting a change to the Order, the City shall submit a written request to Ecology for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner after the written request is received. If Ecology determines that the change is substantial, then the Order must be formally amended. Reasons for the disapproval of a proposed change to this Order shall be stated in writing. If Ecology does not agree to a proposed change, the disagreement may be addressed through the dispute resolution procedures described in Section VIII.H (Resolution of Disputes). K. Endangerment In the event Ecology determines that any activity being performed at the Site under this Order 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 to cease such activities for such period of time as it deems necessary to abate the danger. The City shall immediately comply with such direction. In the event the City determines that any activity being performed at the Site under this Order is creating or has the potential to create a danger to human health or the environment, The City may cease such activities. The City 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 shall provide Ecology with documentation of the basis for the determination or cessation of such activities. If Ecology disagrees with the City' cessation of activities, it may direct the City to resume such activities. If Ecology concurs with or orders a work stoppage pursuant to this section, the City' 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.I Agreed Order No. DE 19882 Page 16 of 20 (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. L. Reservation of Rights This Order is not a settlement under RCW 70.105D. 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 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 regarding remedial actions required by this Order, provided the City comply with this Order. Ecology nevertheless reserves its rights under RCW 70.105D, including the right to require additional or different remedial actions at the Site should it deem such actions necessary to protect human health or 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. By entering into this Order, the City does not admit to any liability for the Site. Although the City are committing to conducting the work required by this Order under the terms of this Order, the City expressly reserve all rights available under law, including but not limited to the right to seek cost recovery or contribution against third parties, and the right to assert any defenses to liability in the event of enforcement. M. 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 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. Agreed Order No. DE19882 Page 17 of 20 Prior to the City transfer of any interest in all or any portion of the Site, and during the effective period of this Order, the City 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 shall notify Ecology of said transfer. Upon transfer of any interest, the City shall notify all transferees of the restrictions on the activities and uses of the property under this Order and incorporate any such use restrictions into the transfer documents. N. Compliance with Applicable Laws 1. All actions carried out by the City pursuant to this Order shall be done in accordance with all applicable federal, state, and local requirements, including requirements to obtain necessary permits or approvals, except as provided in RCW 70.105D.090. At this time, no federal, state, or local requirements have been identified as being applicable to the actions required by this Order. The City have a continuing obligation to identify additional applicable federal, state, and local requirements which apply to actions carried out pursuant to this Order, and to comply with those requirements. As additional federal, state, and local requirements are identified by Ecology or the City, Ecology will document in writing if they are applicable to actions carried out pursuant to this Order, and the City must implement those requirements. 2. All actions carried out by the City pursuant to this Order shall be done in accordance with relevant and appropriate requirements identified by Ecology. At this time, no relevant and appropriate requirements have been identified as being applicable to the actions required by this Order. If additional relevant and appropriate requirements are identified by Ecology or the City, Ecology will document in writing if they are applicable to actions carried out pursuant to this Order and the City must implement those requirements. 3. Pursuant to RCW 70.105D.090(1), the City may be exempt from the procedural requirements of RCW 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 and of any laws requiring or authorizing local government permits or approvals. However, the City shall comply with the substantive requirements of such permits or approvals. For permits and approvals covered under RCW 70.105D.090(1) that have been issued by local government, the Parties agree that Ecology Agreed Order No. DE19882 Page 18 of 20 has the non-exclusive ability under this Order to enforce those local government permits and/or approvals. At this time, no state or local permits or approvals have been identified as being applicable but procedurally exempt under this section. 4. The City have 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 determine 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 shall be responsible to contact the appropriate state and/or local agencies. If Ecology so requires, the City 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 and on how the City must meet those requirements. Ecology shall inform the City in writing of these requirements. Once established by Ecology, the additional requirements shall be enforceable requirements of this Order. The City shall not begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. 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 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 or approvals. O. Indemnification The City agree to indemnify and save and hold the State of Washington, its employees, and agents harmless from any and all claims or causes of action (1) for death or injuries to persons, or (2) for loss or damage to property, to the extent arising from or on account of acts or omissions of Agreed Order No. DE19882 Page 19 of 20 the City, its officers, employees, agents, or contractors in entering into and implementing this Order. However, the City 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. VIII. SATISFACTION OF ORDER The provisions of this Order shall be deemed satisfied upon the City' receipt of written notification from Ecology that the City have completed the remedial activity required by this Order, as amended by any modifications, and that the City have complied with all other provisions of this Agreed Order. IX. 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. A liable party who refuses, without sufficient cause, to comply with any term of this Order will be liable for: 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. 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. Agreed Order No. DE 19882 Page 20 of 20 Effective date of this Order: CITY OF YAKIMA BOB HARRISON City Manager City of Yakima 129 N 2"d Street Yakima, WA 98901 (509) 575-6040 CITY C ,,BRACT ndt RLSULUTION NO... STATE OF WASHINGTON DEPAENT OF ECOLOGY VALERIE BOUND Section Manager Toxics Cleanup Program Central Regional Office 1250 W. Alder Street Union Gap, WA 98903 (509) 454-7886 NOTARY " STATE OF WASHINWON COMMISSION NO. 175067 MY COMMISSION EXPIRES NOVEMBER 2022 °moiYAT 014 /JMVIIHO 40 3TATe: { IOIWN 8 R j A /} { s»7rgm#aeammoo 1:W9la 140188tMMOV M SOS. FIRSMIVOIA EXHIBIT A - SITE LOCATION MAP ing Numb dApp n„mate to at,n.. Nonr.V ring Well Number aM Approatmate L,xalior. Gm'H A1EA, or Namlhalene CanceMFanons u' ga.=1YIM.MX�av- MiGy Mcnr. A ADP mr+te Eolme, tan. Loranm Neivi +We'skJ3'a+x ce�e.M:n+�. ntenea t. mrts of Sail, m.CtS Eueemrzg M fCA App^I,imare nmreM e Shp^m.#N m.M Artry Y"4 Site Plan and Soll Analytical Results Tiger 05 North 1st Yakima, Washington GEOENGINU RS� Figure *Note: The Site is generally located at 1808 N ls` Street in Yakima, and is defined by the extent of soil and groundwater contamination, not property boundaries. The arrow shown is for general location purposes only. Aerial Map Source: GeoEngineers 2017, Page 1 of 1 EX IBIT B -SCOPE OF WO PURPOSE • (SO AND SCHEDULE SCOPE OF 0 The work required under this Agreed Order (AO) is to address remaining gasoline -related contamination in soil and groundwater at 1808 N 1st Street. A release of gasoline from an underground storage tank (UST) system was first identified in 1982. Since that time, various investigations and remedial actions have taken place including pumping to remove free product in 1982 and 1983. An assessment of the extent of groundwater contamination was performed by the U.S. Geological Survey (U.S.G.S.) in 1991. The USTs were removed in 2005. The extent of soil and groundwater contamination was reassessed in 2017. The 2017 study showed that while soil and groundwater contamination concentrations remain above MTCA Method A cleanup levels, the extent of contamination is much smaller than the extent of contamination delineated in 1991. Gasoline contamination in the subsurface tends to naturally degrade provided electron acceptors (e.g. oxygen) are present to support natural biodegradation. The reduction in the extent of contamination between 1991 and 2017 is believed to be due to natural attenuation. The 2017 investigations demonstrated that the groundwater system is aerobic at a distance from the area of contamination. Gasoline in the subsurface typically degrades in the presence of free oxygen. In the core area of the remaining contamination, free oxygen has been depleted and the groundwater system is anaerobic. Therefore, the proposed interim action involves the injection of oxygen, an oxidizing agent, or air into the subsurface to allow the remaining gasoline in soil and groundwater to degrade. The property is under a Lease -to -Own agreement between the City and a Lessee. The work described herein will be done on behalf of the City, but will need to be done in consultation with the Lessee. This includes coordinating locations and periods of work with the Lessee to minimize adverse impacts to the Lessee's operations. Three tasks have been developed under this Agreed Order Scope of Work: • Task 1 — UST & Contaminated Soil Removals • Task 2 — Monitoring Well Replacements • Task 3 — Interim Action Cleanup at the Site under this Agreed Order is proposed as an Interim Action. An Interim Action is a cleanup action under the Model Toxics Control Act (MTCA) that can be performed at any time, and potentially result in a final cleanup action. This would eliminate the need for preparation a Feasibility Study (FS) and Corrective Action Plan (CAP). An Interim Action will allow the City to address remaining contamination at the Site with the Page 1 of 8 Exhibit B Scope of Work and Schedule goal of achieving MTCA cleanup levels to allow for a No Further Action (NFA) determinat ion. Task 1 — UST & Contaminated Soil Removals Two underground storage tanks (USTs) were found during site preparation work; a waste oil UST and a heating oil UST. Four fueling USTs had previously been removed in 2005. The two USTs were removed on October 14, 2019 and soil samples were collected from the floor and sidewalls of the excavations. Heavy oil was found above cleanup levels in one soil sample collected adjacent to the waste oil tank, and diesel was found above cleanup levels in one soil sample collected adjacent to the heating oil tank. The contaminated soil will need to be excavated and properly disposed of prior to Ecology issuing a No Further Action (NFA) determination for the site. Previously incurred work for the UST removals and contaminated soil excavation and offsite disposal in 2019 shall be considered part of this task. Task 2 — Monitoring Well Replacements Subsequent to the Remedial Investigation Report dated May 22, 2017, several monitoring wells were apparently destroyed. In order to perform the Interim Action and associated monitoring under Task 3, several monitoring wells need to be replaced. Ecology will determine the number, locations, and completions of the replacement monitoring wells, in consultation with the property Lessee. Consistent with the existing monitoring wells, the replacement monitoring wells shall be constructed with 2-inch PVC well pipe and screen, with 0.010 slot screens from 10 to 20 feet below ground surface (ft bgs). The monitoring wells shall be completed with flush -mount vaults and locking well caps. All wastes, including drill cuttings and well development water, shall be properly disposed of. The wells will be installed by licensed well driller, and the wells registered with Eco logy. Task 3 — Groundwater Interim Action Interim Action Approach Oxygen, oxidizing agent, or air will be delivered to the subsurface through the installation of temporary injection points. The injection points will be spaced approximately 20 feet apart. A total of 24 injection points are anticipated. The injection points are anticipated to be installed via direct push (e.g. Geoprobe) methods. A high hammer weight direct push rig (Geoprobe Model 3230 or equivalent) will be needed. A well construction variance potentially could be needed to comply with WAC- 173-160. If needed, Ecology Toxics Cleanup Program (TCP) will support a variance application with Ecology Water Resources Program. The following discussion regards the anticipated construction methods for the injection points. Page 2 of 8 Exhibit B Scope of Work and Schedule The probe rod will be driven until refusal is reached or a total depth of 20 ft bgs, whichever is shallower. Nominal 1-inch diameter, Schedule 40 well screen and blank pipe will be lowered within the probe rod to the bottom of the road. The bottom of the well point will consist of one foot length of 0.010 inch slotted PVC with end cap. The well slotted interval will be placed a minimum of three feet below the seasonal low water level, estimated to be 14 ft bgs. After the PVC well point has been lowered inside the probe rod, the rod will be retracted, allowing the disposable probe tip to fall out ofthe probe rod, leaving the PVC pipe in place. The probe rods will then be removed from the ground, and the upper one to two feet of the PVC pipe annular space sealed with hydrated granular bentonite. A 3-inch to 5-inch diameter temporary vault will be installed to protect the tubing at the surface. After all of the injection points have been installed, pressurized oxygen tanks will be acquired, and affixed to the PVC well point using an adaptor and polyethylene tubing along with a pressure gauge. The oxygen will be discharged into the well point at a low rate until either the targeted pressure/volume is reached or the tank is empty. The oxygen will bubble up through the groundwater adjacent to the injection point and either dissolve within the groundwater or migrate upward until it reaches the unsaturated zone, where it will disperse and diffuse radially. The portion of the oxygen that dissolves will disperse laterally within the groundwater, enhancing biodegradation. The portion that reaches the vadose zone is anticipated to enhance biodegradation of vadose zone contamination, as well as at the water table interface. The rate of injection should be designed to optimize oxygen delivery to the saturate zone (a low flow rate). The added oxygen is expected to significantly accelerate the rate of biodegradation ofthe remaining gasoline, both within the saturated zone as dissolved phase or adsorbed phase contamination, and within the vadose zone. There is some uncertainty regarding whether or not the initial injection will result in achievement of targeted cleanup levels. If the injected oxygen does not result in achieving targeted cleanup levels within the desired time span, then additional injection of either oxygen, an oxidizing agent, or air will follow. The steps of the remedial approach and schedule constraints are summarized in Table 1. Table 1: Remedial Approach Steps Ste Step 1 Step 2 Step 3 Activi Install and develop additional monitoring wells for performance and compliance monitoring. Sample all monitoring wells to characterize baseline conditions. Install approximately 24 injection points. Page 3 of 8 Schedule Within 90 calendar days following the effective date of the Agreed Order. Within one month of completion of Step 1. Within one month of completion of Step 2. Exhibit B Scope of Work and Schedule Step 4 Step 5 Step 6* Step 7* Step 8 Injection of oxygen into injection points. Monitor groundwater quality, quarterly for two quarters. Assess groundwater conditions. If additional treatment needed, return to Step 4. If not needed, proceed to Step 7. Complete additional two quarters of quarterly groundwater monitoring in case or rebound. If rebound concern, return to Step 4. If no rebound concern, proceed to Step 8. Prepare Interim Action Completion Report. Within one week of completion of Step 3. Starting approximately two months after Step 4. Immediately following completion of Step 5. Following completion of Step 6. Following completion of Step 7. *Note that Steps 6 and 7 will include decisions by Ecology as to whether or not additional oxygen injection or monitoring is needed. Ecology may identify specific injection points to target for additional oxygen injection, based on groundwater sampling results. A minimum of six quarterly monitoring rounds are anticipated prior to proceeding to Step 8. The City shall coordinate with Ecology throughout the development of the Interim Action and shall keep Ecology informed of changes to any Work Plan or other project plans, and of any issues or problems as they develop. Task 3 is divided into four subtasks as follows: Task 3a. Task 3b. Task 3c. Task 3d. Interim Action Work Preparation Interim Action Field Execution Interim Action Contingency Work Interim Action Report TASK 3a. INTERIM ACTION WO • PREPA TION During Taskl, the City's consultant shall make preparations including: • Submittal of a variance application to Ecology, Water Resources Program, for proposed injection point design. Prepare and engineering cost estimate for the project. This estimate include options for contingency injection rounds. • Identification and contracting of drilling and probing subcontractor(s). Identification and contracting of analytical laboratory subcontractor. • Identification and contracting of licensed surveyor. Page 4 of 8 Exhibit B Scope of Work and Schedule • Sourcing and rental of oxygen tanks, appurtenances, and suitable storage for the tanks during the course of the interim action. • Submittal of proposed locations and construction of performance/compliance monitoring wells to Ecology for approval. • Preparation of detailed map of proposed injection locations for approval by Eco logy. • Submittal to Ecology of calculated oxygen injection amounts, including estimated volume, pressure, and radius of influence. • Preparation a Health & Safety Plan for all Interim Action activities. • Coordination with the lessor of the property at 1808 N 1st Street and owner of the property at 1904 N 1st Street, and preparation and negotiation of access agreements on behalf of the City. • Satisfying all requirements of Ecology's Underground Injection Control (UIC) program. TASK 3b. INTERIM ACTION FIELD EXECUTION After completion ofthe preparation activities detailed under Task 1, Steps 1 through 8 shall be executed. Specifications for these steps are included as follows: All purge and development water and investigation -derived wastes to be appropriately disposed of. Monitoring wells shall be completed with a permanent water -tight flush mount vault, including locking j-plug. Monitoring well top of casing elevation and horizontal coordinates to be surveyed by a licensed surveyor to a minimum accuracy of 0.01 feet and 0.1 feet, respectively. All monitoring well sampling to follow low flow purge methods using a flow - through cell and including monitoring of pH, temperature, conductivity, turbidity, dissolved oxygen (DO), and oxidation-reduction potential (ORP). • All laboratory analysis of groundwater samples to include gasoline range organics (NWTPH-Gx), diesel and heavy oil range organics (NWTPH-Dx with no silica gel cleanup), and benzene, toluene, ethylbenzene, and xylenes (BTEX, by EPA Method 8260C). • Injection points shall be completed with a water -tight flush mount vault, 3-inches in diameter. At the end of the project, these injection points shall be plugged and abandoned by a licensed well driller. The City's consultant shall provide interim data reports and updates to Ecology as new site data and information become available. Laboratory analysis data shall also be provided in Page 5 of 8 Exhibit B Scope of Work and Schedule electronic format when it has been validated. Raw laboratory data will be provided to Ecology upon request. TASK 3c. INTERIM ACTION CONTINGENCY WO The need for additional oxygen or oxidizing agent injection and/or monitoring will be at the sole discretion of Ecology. The City's consultant shall be prepared to perform additional injection rounds within two weeks ofEcology's decision. Contingency injection of oxidizing agent should be included in the initial underground injection control notification under Task lin order to not delay implementation of this contingency option. In addition to contingency injection, contingency rehabilitation of the injection points could be needed in case rapid biofouling is encountered. TASK 3d. INTERIM ACTION REPORT The Interim Action Completion Report shall be prepared by the City's consultant after groundwater monitoring has been completed to Ecology's satisfaction. This report shall include: • Laboratory analytical reports. • Tables presenting analytical data. • Evaluation and discussion data quality. • Drilling logs and monitoring well completion diagrams for new monitoring wells. Site plan showing all injection and monitoring locations. Table detailing oxygen injection periods, amounts injected by injection point, and slotted interval depths for injection points. Time trend plots for key contaminants in groundwater and showing injection events. • Groundwater monitoring purge field forms. • Table summary of final field parameter measurements, for each monitoring round. • Brief discussion of Interim Action methods and results. • Water level measurement data table, and potentiometric surface map for each monitoring round. The City's consultant shall compile the above information into an Interim Action Completion Report. Two hard copies and one electronic copy in Adobe (.pdf) format, to Ecology for review and comment. Page 6 of 8 Exhibit B Scope of Work and Schedule SCHEDULE OF DELIVERABLES The schedule for deliverables described in the Agreed Order and the Scope of Work is presented below in Table 2. If the date for submission of any item or notification required by this Schedule of Deliverables occurs on a weekend, state or federal holiday, the date for submission of that item or notification is extended to the next business day following the weekend or holiday. Where a deliverable due date is triggered by Ecology notification, comments or approval, the starting date for the period shown is the date the City received such notification, comments or approval by certified mail, return receipt requested, unless otherwise noted below. Where triggered by Ecology receipt of a deliverable, the starting date for the period shown is the date Ecology receives the deliverable by certified mail, return receipt requested, or the date of Ecology signature on a hand -delivery form. Table 2: Schedule of Deliverables esponsibl e Party City Deliverable description Completion Thues Selection and contracting Within 30 calendar days with City's Consultant following the effective date complete. of the Agreed Order 1 — Contaminated Soil Removal 2 — Replacement Monitoring Wells 3a — Interim Action Preparation City (work can be done by City's or Lessee's Consultant) UST closure report. To Be Determined (prior to Ecology issuing a NFA for the site) Ecology City's Consultant City's Consultant Ecology Comments on or approval of submittal. Replacement monitoring well completion diagrams and registration forms. Project cost estimate, proposed monitoring and injection well locations and construction, and injection. Comments on or approval of submittal. Page 7 of 8 Within 20 days after report receipt Within 60 calendar days following the effective date of the Agreed Order Within 60 calendar days following the effective date of the Agreed Order Within 14 calendar days of submittal receipt. Exhibit B Scope of Work and Schedule 3b — Interim Action Field Execution 3c — Interim Action Contingency Work 3d — Interim Action Completion Report Responsible Party City's Consultant Deliverable esei Beginning of interim action field work Completion Ti Within 90 calendar days following the effective date of the Agreed Order City's Consultant C ity's Consultant City's Consultant Ecology City's '. ..... n..'6- A .Vl13Ltilal1L Completion of interim action field work Completion of interim action contingency field work Submittal of Report to Ecology. Ecology comments on draft report to City. Revised report Ecology Depends on Ecology decisions regarding injection and monitoring. Minimum of 6 quarters of groundwater monitoring following injection. Depends on Ecology decisions regarding potential additional injection and monitoring. Within 60 calendar days following completion of Interim Actions Within 30 calendar days following receipt of draft document Within 30 calendar days of l4VVl«♦ of Ecology' comments 1 — Ecology reserves the right, at the sole discretion of Ecology, to require one additional comment and document revision round, if needed. All Ecology comments must be addressed to Ecology's satisfaction prior to document finalization. Page 8 of 8 1 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEM ENT Item No. 8. For Meeting of: March 16, 2021 Resolution authorizing participation in Agreed Order for remediation at the 1808 N 1st Street former Tiger Oil site Sara Watkins, City Attorney Bill Preston, City Engineer Joan Davenport, Community Development Director SUMMARY EXPLANATION: The work required under this Agreed Order (AO) is to address remaining gasoline -related contamination in soil and groundwater at 1808 N 1st Street. A release of gasoline from an underground storage tank (UST) system was first identified in 1982. Since that time, various investigations and remedial actions have taken place including pumping to remove free product in 1982 and 1983. An assessment of the extent of groundwater contamination was performed by the U.S. Geological Survey (U.S.G.S.) in 1991. The USTs were removed in 2005. The extent of soil and groundwater contamination was reassessed in 2017. The 2017 study showed that while soil and groundwater contamination concentrations remain above MTCA Method A cleanup levels, the extent of contamination is much smaller than the extent of contamination delineated in 1991. The property is under a Lease -to -Own agreement between the City and a Lessee. The work described herein will be done on behalf of the City, but will need to be done in consultation with the Lessee. This includes coordinating locations and periods of work with the Lessee to minimize adverse impacts to the Lessee's operations. Cleanup at the site under this Agreed Order is proposed as an Interim Action. An Interim Action is a cleanup action under the Model Toxics Control Act (MTCA) that can be performed at any time, and potentially result in a final cleanup action. A Remedial Action Grant for this project has been received by the City of Yakima to cover the clean-up costs of this project. (1808 North 1st Street, site 4922 — TC P RA-1921- Yakicm-00121 for $1,215,000 state share). ITEM BUDGETED: STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D resolution 3/1112021 a‘or Memo D agreed order 3/2,12021 Cover Memo D AA[) She I rhealien 3/5/2021 Backup Material D Exhibit B: Scope of lAierl. 112S'2021 Backup Material DocuSign Envelope ID: 566471E3-1761-4C97-9368-6B364CA3BB21 DEPARTMENT OF State of Washington A. ree ent No. TCP -1921-Ya iC 121 TOXICS CLEANUP REMEDIAL ACTION GRANT PROG ' M AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and City of Yakima, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENE L INFO' ATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Tiger Oil - North lst $1,620,000.00 $1,620,000.00 $1,215,000.00 $405,000.00 07/01/2019 06/30/2023 Oversight Retnedial Action Grant (Not an extended gran agreement) Projeci $hort Description: Tiger Oil North 1st (a.k.a. Tiger Oil N lst St Fmr 6013) (CSID#4922 /FSID#477 ) is an old gas station located at 1808 N 1st. St., Yakima. The RECIPIENT entered into Agreed Order No. DE 19882 to perform interim actions that result in the removal of all remaining gasoline contamination in soil and groundwater at the Site remediating to MTCA standards. Pio'ect Lon Description: Tiger Oil North 1st (a.k.a. Tiger Oil N 1st St Fmr 6013) (CSID#4922 /FSID#477 ) is an old gas station located at 1808 N 1st. St., Yakima. Thc property is currently under a Lease -to -Own Agreement between the RECIPIENT and a Lessee (Mr. Scott Mary). Past and current land uses and ownership: The former Tiger Oil gas station property (the Property) was acquired by the DocuSign Envelope ID: 566471E3-1761-4C97-9368-66364CA3BB21 at= or wasmngton impartment or h, coiogy Agreement No: TCPRA-1921-YakiCM-00 121 Project Titic: Tiger Oil - North 1st Recipient Name: City of Yakima RECIPIENT from the Tiger Oil Corporation in 2014. Contaminants of Concern: Gasoline is present in groundwater above cleanup levels at the site from historical release(s). Much of the gasoline in groundwater has attenuated over the years; however some gasoline in groundwater remains above cleanup levels on the subject property. Interim actions will be conducted to address the remaining heavy oil in soil and gasoline in groundwater. Summary of Remedial Actions performed and planned: In 2005, four fueling USTS were removed. Two more USTs were removed October 2019. Heavy oil was found above cleanup levels in the soil during the 2019 UST removals. Some contaminated soil was removed and disposed of offsite during the 2019 UST removals; however some additional contaminated soil remains that needs to be removed and disposed of offsite. As well as the above -referenced soil removal, interim actions to be conducted at the Site include injection of oxidizing agent in to the contaminated groundwater, installation of groundwater monitoring wells and continued groundwater monitoring Expected outcome: Once contaminant concentrations are below MTCA cleanup levels in soil and groundwater, ECOLOGY can issue a No Further Action determination, and the RECIPIENT can proceed with selling the Property. Planned Future Land Use: A drive -through coffee shop was constructed on the former gas station property in 2019. There are no plans for additional land use changes. Overall Goal: The overall goal at the site is to remediate soil and groundwater contamination to MTCA standards and receive a no further action determination at the Site. Page 2 of 21 Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-9368-66364CA3BB21 wine or wasaingtun Liepartment or neology Agreement No: TCPRA- 192 I -YakiCM-00 12 1 Project Title: Tiger Oil - North Ist Recipient Name: City of Yakima CIPIENT FO TION Organization Name: City of Yakima Federal Tax ID: 91-6001293 DUNS Number: 0 78212651 Mailing Address: Physical Address: Organization Fax: Contacts Template Version 12/10/2020 129 North 2nd Street Yakima, WA 98901 129 North 2nd Street Yakima, Washington 98901 (509) 576-6335 ThIge 3, of 21 DocuSign Envelope ID: 566471E3-1761-4C97-9368-6B364CA3BB21 01 11.1111VA/11 L'epalutient ul ccuitw Agreement No: TCPRA-1 921-YakiCM-00 121 Project Title: Tiger Oil - North Ist Recipient Name: City of Yakima Page 4 of 2-i Project Manager Bill Preston City Engineer 129 N 2nd Street Yakima, WA 98908 Yakima, Washington 98908 Email: bill.preston@yakimawa.gov Phone: (509) 575-6228 Billing Contact Authorized Signatory Brenda Fehlhafer Engineering Contracts Specialist 129 N 2nd Street Yakima, WA 98908 Yakima, Washington 98908 Email: brenda.fehlhafer@yakimawa.gov Phone: (509) 575-6228 Robert Harrison City Manager 129 North 2nd Street Yakima, Washington 98901 Email: bob.harrison@yakimawa.gov Phone: (509) 575-6000 Template Version 12/1W2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-613364CA3BB21 brute ot Wasnington Ucpanment ot Ecology Page 5 of 21 Agreement No: Project Title: Recipient Name: ECOLOGY INFO Mailing Address: Physical Address: Contacts Project Manager Financial Manager Template Version 12/10/2020 TCPRA- 1921-YakiCM-00 121 Tiger Oil - North I st City of Yakima ATION Department of Ecology Toxics Cleanup PO BOX 47600 Olympia, WA 98504-7600 Toxics Cleanup 300 Desmond Drive SE Lacey, WA 98503 Frank Winslow 1250 W Alder St. Union Gap, Washington 98903-0009 Email: fwin461@ecy.wa.gov Phone: (509) 424-0543 Shanyese Trujillo PO Box 47600 Olympia, Washington 98504-7600 Email: stru461@ecy.wa.gov Phone: (360) 407-7199 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 Stale of Washington Department of Ecology Agreement No: TCPRA-1921-YakiCM-00121 Projcct Title: Tiger Oil - North Ist Recipient Name: City of Yakima AUTHORIZING SIGNATURES Page 6 of 21 RECIPIENT agrees to fumish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement, This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. Washington State Department of Ecology By: --DocuSigned by: bre& hiLviA, Ada au47. Brock Milliern Toxics Cleanup Program Manager Template Approved to Form by Attorney General's Office Date City of Yakima Robert Harrison City Manager CITY CONTRACT NO: RESOLUTION NO: Date Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93138-6B364CA3BB21 State of Washington Department ot bcology Agreement No: TCPRA-192 E-YakiCM-00 [21 Project Title: Tiger Oil - North 1st Recipient Name: City of Yakima SCOPE OF WO Task Number: 1 Task Title: GRANT AND PROJECT ADMINISTRATION - 1008 Task Cost: $100,000.00 °Iiisk Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Page 7 or 21 Eligible administrative activities may include costs necessary to: • Ensure compliance with the terms of the Agreed Order/Consent Decree/AOC, except legal costs. • Perform Public Involvement Activities: Plan and hold meetings and communications with the public, consultants/contractors, or ECOLOGY not billed under another task. • Procure and manage consultants and construction contractors. • Perform quality control and quality assurance oversight of all project elements. • Manage the grant, develop, and maintain grant files. • Prepare and submit payment requests, and progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule project activities described in the scope of work. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager). • Attend training events approved in advance, including related travel costs. (Training requires prior approval by ECOLOGY'S Grant Financial Manager). • Perform Environmental impact analysis. • Perform Cost -Benefit analyses. • Conduct research or studies relevant to multiple tasks. • Manage scientific Data, including Environmental Information Management System (EIM) submissions. • Prepare documents related to development of Agreed Order (AO), Consent Decree (CD) or amendments to an AO or CD. SPENDING PLANS The RECIPIENT shall update the spending plan form in EAGL upon the request of Ecology. EQUIPMENT All equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's grant financial manager prior to purchase. Absent prior written approval, costs not approved by ECOLOGY are the sole responsibility of the RECIPIENT. the RECIPIENT must complete an Equipment Purchase Report, Ecology may elect not to reimburse rental costs in excess of the purchase price (tools/equipment). TRAVEL AND PER DIEM ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred, To receive travel costs, an individual must be in travel status. Any costs incurred over the state rate will be the sole responsibility of the RECIPIENT unless an exception is provided in writing by the ECOLOGY grant financial manager prior to the costs being Template Version 12110/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-613364CA3BB21 State ot wastungton Uepartment ot Ecology Page 8 of 21 Agreement No: Project Title: Recipient Name: TCPRA- I 921 -YakiCM-00 12 1 Tiger Oil - North 1st City of Yakima incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, repairing or maintaining vehicles are considered part of overhead and may not be direct billed under this agreement. BACKUP DOC ENTAT1ON All backup documentation, whether prime contractor or subcontractor, and regardless of the contracting mechanism (lump sum or time and materials) must include the day worked, the hours, the rate of pay, total cost, and the activity being performed unless agreed to in writing by the ECOLOGY grant financial manager. If this level of detail isn't provided in the invoice for RECIPIENT employee costs, then timesheets must be provided that are signed by the individual and their supervisor documenting hours worked on the project activities by task and day. The rate of pay, number of hours by day, and total cost must be itemized. Task Goal Statement: To manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Task Fuected Outcome, Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. Recipient Task Coordinator: Bill Preston GRANT AND PROJECT ADMINISTRATION - J008 Deliverables Number 1.1 1.2 Description Quarterly grant payment requests/progress reports (PRPR) with proper documentation. (unless otherwise approved in advance by ECOLOGY) Updated spending plan form completed in EAGL with each PRPR Due Date Template Version 12/10/2020 DocuSign Envelope ID: 566471 E3-1761-4C97-93B8-6B364CA3BB21 State of Washington Department of Ecology Page 9 of 21 Agreement No: Project Title: Recipient Name: TCPRA-192 I-YakiCM-00121 Tiger Oil - North 1st City of Yakima SCOPE OF WO Task Number: 2 Task Cost: $1,520,000.00 Task Title: INTERIM OR EMERGENCY ACTIONS - J002 The purpose of this task is to fund the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform ECOLOGY required or approved emergency or interim actions at the Site necessary to reduce potential threats to human health and the environment. These actions must be conducted in compliance with the Model Toxics Control Act. Per Agreed Order DE 19882, the interim or emergency actions are made up of the following: Task l : UST & Contaminated Soil Removals Task 2: Monitoring Well Replacements Task 3: Interim Action 3a) Interim Action Work Preparation 3b) Interim Action Field Execution 3c) Interim Action Contingency Work 3d) Interim Action Report Task Goal Statement: To reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance at the Site, or to correct a problem that could become substantially worse or cost substantially more to address if the remedial action is delayed. ps The interim action is protective of human health and the environment, meets MTCA cleanup standards, does not foreclose reasonable alternatives for the cleanup action or delay or supplant the cleanup process. Any and all deliverables in the associated Agreed Order. {tee sk Coordinator: Bill Preston INTERIM OR EMERGENCY ACTIONS - J002 Deliverables Number 2.1 Template Version 12/10/2020 Description Interim or Emergency Action Report Due Date DocuSign Envelope ID: 566471E3-1761-4C97-9368-613364CA3BB21 State of Washington Department of Ecology Page 10 of 21 Agreetnent No: Project Title: Recipient Name: BUDGET TCPRA- 1 921-YakiCM-00 1 21 Tiger Oil - North I st City of Yakima Funding Distribution EG220003 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identift each budget. Funding Title: Tiger Oil N. 1st Funding Type: Grant Funding Effective Date: 07/01/2019 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Capital Account (MTCCA) Fund: 23N Type: State Funding Source %: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Recipient Match %: Approved State Indirect Rate: 25% 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? Tiger Oil N. lst GRANT AND PROJECT MINISTRATION - J008 INTERIM OR EMERGENCY ACTIONS - J002 No Task Total $ 100,000.00 $ 1,520,000.00 Total: $ 1,620,000.00 Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 Slate of Washington Department ot Ecology Page 11 of 21 Agreement No: Project Title: Recipient Name: TCPRA-1921-Yakin/1-00121 Tiger Oil - North Ist City of Yakima Funding Distribution Sum Ian, Recipient / Ecology Share Funding Distribution Name Recipient Match °A Tiger Oil N. 1st 25.00 % Total AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS Recipient Share 405,000.00 405,000.00 Ecology Share $ 1,215,000.00 $ 1,215,000.00 Total $ 1,620,000.00 $ 1,620,000.00 If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. A. CERTIFICATION REGARDING SUSPENSION, DEBARMENT INELIGII3ILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4, The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 6. Pursuant to 2CFR180.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 State of Washington Department of Ecology Agreement No: TCPRA-1921-YakiCM-00121 Project Title: Tiger Oil - North lst Recipient Name: City of Yakima Page 12 of 21 Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <http://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below trust report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at Lvwwalsrs.gov ilgp //wwwv,fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.trsaspendinp;;t+yhttp://www.tt:rtspetidinl .t;ovi>. For more details on FFATA requirements, seer ww,lsrs.gov° htt lltvww.f r lavl>. C. FEDERAL FUNDING PROHIBITION ON CERTAIN TELECOMMUNICATIONS OR VIDEO SURVEILLANCE SERVICES OR EQUIPMENT: As required by 2 CFR 200.216, federal grant or loan recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment, video surveillance services or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115--232 =limps:// w ww, rovinlb. 'ov/i oine-nU 'PLAW- I I5ttub1232/pd /PI AW-III 5publ232.pd1., section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, subrecipients, and borrowers also may not use federal funds to purchase certain prohibited equipment, systems, or services, including equipment, systems, or services produced or provided by entities identified in section 889, are recorded in the System for Award Management GSA Ml-,,, -ittp //iam oyiSAM/> exclusion list. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BE321 !ate of Washington Licpariment of Ecology Page 13 of'21 Agreement No: Project Title: Recipient Namc: TCPRA-1921-YakiCM-00121 Tiger Oil - North 1st City of Yakima GENERAL TE " S AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS For DEPARTMENT OF ECOLOGY GRANTS and LOANS 06/24/2021 Version 1. ADMINIST TIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https ://fortress. wa.gov/ecy/publications/SummaryP ages/1701004. html) b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall he subject to the review and approval by ECOLOGY for the extent and character of all work and services. 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ACCESSIBILITY REQUIREMENTS FOR COVERED TECHNOLOGY The RECIPIENT must comply with the Washington State Office of the Chief Information Officer, OCIO Policy no. 188, Accessibility (https://ocio.wa.gov/policy/accessibility) as it relates to "covered technology." This requirement applies to all products supplied under the Agreement, providing equal access to information technology by individuals with disabilities, including and not limited to web sites/pages, web -based applications, software systems, video and audio content, and electronic documents intended for publishing on Ecology's public web site, 4. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take all reasonable action to avoid, minimize, or mitigate adverse effects to archaeological and historic archaeological sites, historic buildings/structures, traditional cultural places, sacred sites, or other cultural resources, hereby referred to as Cultural Resources. The RECIPIENT must agree to hold harmless ECOLOGY in relation to any claim related to Cultural Resources discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: • Cultural Resource Consultation and Review should be initiated early in the project planning process and must be completed prior to expenditure of Agreement funds as required by applicable State and Federal requirements. * For state funded construction, demolition, or land acquisitions, comply with Governor Executive Order 21-02, Archaeological and Cultural Resources, Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93138-6B364CA3BB21 State ot Washington Department ot Ecology Agreement No: TCPRA-1921-YakiCM-00121 Project Title: Tiger Oil - North 1st Recipient Name: City of Yakima Page 14 of 21 • For projects with any federal involvement, comply with the National Historic Preservation Act of 1966 (Section 106). b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves field activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff, volunteers, and contractors working at the project site. • Implement the IDP when Cultural Resources or human remains are found at the project site, c) If any Cultural Resources are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the ECOLOGY Program, who will notify the Department of Archaeology and Historic Presentation at (360) 586-3065, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement, follow the protocol outlined in the project IDP. • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, the Department of Archaeology and Historic Preservation at (360) 790-1633, and then the ECOLOGY Program. e) Comply with RCW 27.53, RCW 27.44, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting Cultural Resources and human remains. 5. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 6. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 7. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT, ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State's Office of Financial Management's Statewide Payee Desk. To receive payment you must register as a statewide vendor by submitting a statewide vendor registration form and an IRS W-9 form at website, https://ofm.wa.gov/it-systems/statewide-vendorpayee-services. If you have questions about the vendor registration process, you can contact Statewide Payee Help Desk at (360) 407-8180 or email PayeeRegistration@ofm.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 State ot Washington Department ot Ecology Agreement No: TCPRA- 192 1 -YakiCM-0012 1 Project Title: Tiger Oil - North 1st Recipient Name: City of Yakima Page 15 of 21 j) RECIPIENT must submit within thirty (30) days after the expiration date of this Agreement, all financial, performance, and other reports required by this Agreement. Failure to comply may result in delayed reimbursement. 8. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained, RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law, 9. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof 10. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 1 1. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 State of Washington Department of Neology Agreement No: TCPRA-1921-YakiCM-00121 Project Title: Tiger Oil - North 1st Recipient Name: City of Yakima Page 16 of 21 The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office, Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 12. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for a project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required, the RECIPIENT shall: • Use ECOLOGY's QAPP Template/Checklist provided by the ECOLOGY, unless ECOLOGY Quality Assurance (QA) officer or the Program QA coordinator instructs otherwise. • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The RECIPIENT must confirm with ECOLOGY that complete and correct data was successfully loaded into EIM, find instructions at: http://www.ecy.wa.govieim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and-AcCessing GIS Data are available -at: https://ecology.wa.gov/Research-Data/Data-resources/Geographic-Information-Systems-GIS/Standards. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 13. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 14. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 15. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-66364CA3BB21 state ot VVastungton Department ot geology Page 17 of 21 Agreement No: Project Title: Recipient Name: TCPRA-192 1-YakiCM-00 121 Tiger Oil - North 1st City of Yakima 16. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 17. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department ofCommerce, as appropriate. 18. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; (f) Ecology Funding Program Guidelines; and (g) General Terms and Conditions. 19. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution, b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. 20. PROGRESS REPORTING Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 State ot Washington Department ot Lcology Agreement No: TCPRA-1921 -YakiCM-00 121 Project Title: Tiger Oil - North 1st Recipient Name: City of Yakima Page 18 of 21 a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT must submit within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY, all financial, performance, and other reports required by the Agreement and funding program guidelines . RECIPIENT shall use the ECOLOGY provided closeout report format. 2 1. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates ally copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, Or policies to the contrary, Or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement, 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-6B364CA3BB21 state ot Washington Department ot Ecology Agreement No: TCPRA-I92 -YakiCM-00121 Project Title: Tiger Oil - North I st Recipient Name: City of Yakima Page 19 of 21 22. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. 23. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 24. 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, and to this end the provisions of this Agreement are declared to be severable. 25. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 26. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93B8-66364CA3BB21 State ot Washington Department ot Ecology Agreement No: TCPRA-1921-YakiCM-00121 Project Title: Tiger Oil - North ist Recipient Name: City of -Yakima Page 20 of 21 27. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs, b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, 100% post -consumer recycled paper, and toxic free products. For more suggestions visit ECOLOGY's web page, Green Purchasing, https://ecology.wa.goviRegulations-Permits/Guidance-technical-assistance/Sustainable-purchasing. 28. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work, Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and -exercise any other rights under -this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. 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. Non -Allocation of Funds. 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 the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or 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 or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the RECIPIENT through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the RECIPIENT. In no Template Version 12/10/2020 DocuSign Envelope ID: 566471E3-1761-4C97-93138-6B364CA3BE321 State of Washington Department of Ecology Agreement No: TCPRA- 192 1-YakiCM-0012 1 Project Title: Tiger Oil - North lst Recipient Name: City of Yakima Page 21 of 21 event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the Agreement and any amendments If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 29. THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 30. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. End of General Terms and Conditions Template Version I 2/10/2020 DocuSign Envelope ID: 61 FA9B80-7928-482D-ADB0-288FAAAF263B DEPARTMENT OF State of Washington AMENDMENT NO. 1 TO AGREEMENT NO. TCPRA-1921-YakiCM-00121 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and CITY OF YAKIMA (RECIPIENT) for the Tiger Oil - North 1st (PROJECT). Reduction in the required RECIPIENT match from 25% to 10% resulting in a 90% ECOLOGY share and 10% RECIPIENT share for the majority of funds. Total eligible cost at 75% state share is $80,048.59 Total eligible cost at 90% state share is $1,283,293.41 All other terms and conditions remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Total Eligible Cost: Original: 1,620,000.00 Amended: 1,363,342.00 CHANGES TO THE BUDGET Funding Distribution EG220727 Funding Title: Tiger Oil Oversight N. 1st Funding Type: Grant Funding Effective Date: 07/01/2019 Funding Expiration Date: 06/30/2023 Funding Source: Title: Model Toxics Control Capital Account (MTCCA) Fund: FD Type: State Funding Source %: 100% Description: Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide Template Version 10/30/2015 DocuSign Envelope ID: 61 FA9B80-7928-482D-ADB0-288FAAAF263B State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA-1921-YakiCM-00121 Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Page 2 of 7 groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance, Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds are provided to increase available grant funding. Approv,ed,State Indirect: 25% 10%, ,' No No Is this Funding Distribution used to match a federal grant? Tiger Oil Oversight N. 1st GRANT AND PROJECT ADMINISTRATION - J008 INTERIM OR EMERGENCY ACTIONS - J002 No Task Total $ 82,744.07 $ 1,200,549.34 Total: $ 1,283,293.41 CHANGES TO THE BUDGET Funding Distribution EG220003 Funding Title: Funding Type: Funding Effective Date: Funding Source: Title: Fund: Type: Funding Source %: Description: Template Version 10/30/2015 Tiger Oil N. 1st Grant 07/01/2019 Funding Expiration Date: 06/01/2022 Model Toxics Control Capital Account (MTCCA) FD State 100% Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by the Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs DocuSign Envelope ID: 61 FA9B80-7928-482D-ADB0-288FAAAF263B State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA-1921-Yak iCM-00121 Page 3 of 7 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds are provided to increase available grant funding. Approved Indirect Costs Rate: Approved State Indirect: 25% Recipient Match %: 25°2 InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Tiger Oil N. 1st GRANT AND PROJECT ADMINISTRATION - J008 INTERIM OR EMERGENCY ACTIONS - J002 CHANGES TO SCOPE OF WORK Task Number: 1 Task Total 708.93 $ 79,339.66 Total: $ 80,048.59 Task Cost: $83,453.00 Task Title: GRANT AND PROJECT ADMINISTRATION - J008 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Eligible administrative activities may include costs necessary to: • Ensure compliance with the terms of the Agreed Order/Consent Decree/AOC, except legal costs. • Perform Public Involvement Activities: Plan and.hold meetings and communications with the public, consultants/contractors, or ECOLOGY not billed under another task. • Procure and manage consultants and construction contractors. • Perform quality control and quality assurance oversight of all project elements. • Manage the grant, develop, and maintain grant files. • Prepare and submit payment requests, and progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule project activities described in the scope of work. • Purchase services, supplies, tools, and equipment needed to accomplish grant tasks. (Equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's Financial Manager). • Attend training events approved in advance, including related travel costs. (Training requires prior approval by ECOLOGY'S Grant Financial Manager). • Perform Environmental impact analysis. • Perform Cost -Benefit analyses. • Conduct research or studies relevant to multiple tasks. • Manage scientific Data, including Environmental Information Management System (EIM) submissions. • Prepare documents related to development of Agreed Order (AO), Consent Decree (CD) or amendments to an AO or CD. Template Version 10/30/2015 DocuSign Envelope ID: 61 FA9B80-7928-482D-ADB0-288FAAAF263B State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No. TCPRA-1921-YakiCM-00121 SPENDING PLANS The RECIPIENT shall update the spending plan form in EAGL upon the request of Ecology. Page 4 of 7 EQUIPMENT All equipment purchases are conditionally eligible and require prior written approval by ECOLOGY's grant financial manager prior to purchase. Absent prior written approval, costs not approved by ECOLOGY are the sole responsibility of the RECIPIENT. the RECIPIENT must complete an Equipment Purchase Report. Ecology may elect not to reimburse rental costs in excess of the purchase price (tools/equipment). TRAVEL AND PER DIEM ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. To receive travel costs, an individual must be in travel status. Any costs incurred over the state rate will be the sole responsibility of the RECIPIENT unless an exception is provided in writing by the ECOLOGY grant financial manager prior to the costs being incurred. The RECIPIENT may bill costs related to vehicle usage at the state approved mileage rate. Any other motor pool costs, such as the cost of parking the RECIPIENT's vehicles at their own office, purchasing, repairing or maintaining vehicles are considered part of overhead and may not be direct billed under this agreement. BACKUP DOCUMENTATION All backup documentation, whether prime contractor or subcontractor, and regardless of the contracting mechanism (lump sum or time and materials) must include the day worked, the hours, the rate of pay, total cost, and the activity being performed unless agreed to in writing by the ECOLOGY grant financial manager. If this level of detail isn't provided in the invoice for RECIPIENT employee costs, then timesheets must be provided that are signed by the individual and their supervisor documenting hours worked on the project activities by task and day. The rate of pay, number of hours by day, and total cost must be itemized. Task Goal Statement: To'manage the grant and project, and complete all administrative documentation and billings in accordance with accounting standards, the terms and conditions of the grant, and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in EAGL. "Task Expected Outcome: Project documentation will be properly developed and maintained in accordance with the terms and conditions of the grant, and the Administrative Requirements for Recipients .of Ecology Grants and Loans Managed in EAGL. Task Coordinate r: Bill Preston Deliverables Number Description Due Date Template Version 10/30/2015 DocuSign Envelope ID: 61 FA9B80-7928-482D-ADB0-288FAAAF263B State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No TCPRA-192I-YakiCM-00121 1.2 Quarterly grant payment requests/progress reports (PRPR) with proper documentation. (unless otherwise approved in advance by ECOLOGY) Updated spending plan form completed in EAGL with each PRPR CHANGES TO SCOPE OF WORK Task Number: 2 Task Title: Task Cost: $1,279,889.00 INTERIM OR EMERGENCY ACTIONS - J002 sk D scril Lion: Task Goal Statement: 'ask It d Ot piertt Task Cot rdil ator: Bill Preston Deliverables Number 2,1 Template Version 10/30/2015 Description Interim or Emergency Action Report Due Date Page 5of7 DocuSign Envelope ID: 61FA9B80-7928-482D-ADB0-288FAAAF263B State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA- 1 921 -Yak iCM-00 1 21 Footling Distribution Summary Recipient / Ecology Share Funding Distribution Name Tiger Oil N. 1st Tiger Oil Oversight N. 1st Total Recipient Match % 25 % 10 % Recipient Share 20,012.15 128,329.34 Ecology Share 60,036.44 $ 1,154,964.07 Page 6 ol' 7 Total 80,048.59 $ 1,283,293.41 148,341.49 5 1,215,000.51 $ 1,363,342.00 Template Version 10/30/2015 IJUL•410y1 I GI I VUIUpC IIJ. f7 1 FMVIDOL.P. I CLO..+OLLPVIIJOU,LOOFP1P1"1-40.70 State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No TCPRA-1 921 -YakiCM-00121 AUTHORIZING SIGNATURES Page 7 of 7 All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 01/01/2022, IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and Washington State Department of Ecology L000taSigned by: A4cLeks At, ack C226094FC2DA409 By: Barry Rogowski Toxics Cleanup Program Manager Template Approved to Form by Attorney General's Office Template Version 10/30/2015 have thus set their hands hereunto. 9/14/2022 Date CITY OF YAKIMA BY: Robert Harrison City Manager Date CITY CONTRACT NO: RESOLUTION NO: DocuSign Envelope ID: 046D41F8-7E40-4B6B-B661-BED4F6F6D91A DEPARTMENT OF of Washington AMENDMENT NO. 2 TO AGREEMENT NO. TCPRA-1921-YakiCM-00121 BETWEEN 'THE STATE OF'WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and CITY OF YAKIMA (RECIPIENT) for the Tiger Oil - North 1st (PROJECT). The purpose of this amendment is to change the expiration date of the agreement from June 30, 2023 to June 30, 2025. The scope of the agreement and all other terms remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2023 Amended: 06/30/2025 CHANGES TO THE BUDGET Funding Distribution EG220727 Funding Title: Tiger Oil Oversight N. lst Funding Type: Grant Funding Effective Date: 07/01/2019 Funding Expiration Date, 06/30/2025 Funding Source: Title: Model Toxics.Control Capital Account (MTCCA) Fund: FD Type: State Funding Source %: I00% Description: Remedial action grants and loans arc provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan prograirr,.Wa's created by the Model Toxics Control Act (MICA), Chapter 70,105D Template Version 10/30/2015 DocuSign Envelope ID: 046D41F8-7E40-4B6B-B661-BED4F6F6D91A State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA-192 I -YakiCM-0012 I Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Page 2 of 5 RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MTCCA) and in some cases capital bond funds arc provided to increase available grant funding. Approved State Indirect: 25% 10./0 No' No Is this Funding Distribution used to match a federal grant? Tiger Oil Oversight N. 1st GRANT AND PROJECT ADMINISTRATION - J008 INTERIM OR EMERGENCY ACTIONS - J002 CHANGES TO THE BUDGET Funding Distribution EG220003 Funding Title: Funding Type: Funding Effective Date: Funding Source: Title: Fund: Type: Funding Source %: Description: Template Version 1 0/30/20 I 5 Tiger Oil 1\1. 1st Grant No Task Total 82,744.07 $ 1,200,549.34 Total: $ 1,283,293.41 07/01/2019 Funding Expiration Date: 06/30/2025 Model Toxics control Capital Account (MTCCA) FD State 100% „ Remedial action grants and loans are provided to local governments in Washington State to facilitate the cleanup of publicly owned lands contaminated with hazardous substances. Grants or Loans offered include those for initial investigations, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, areawide groundwater investigations, and integrated planning activities. The remedial action grant and loan program was created by thc Model Toxics Control Act (MTCA), Chapter 70.105D RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance. Those rules are in Chapter 173-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 25% of the tax revenue into the Model Toxics Control Capitol Account (MICCA) and in some cases capital bond funds arc provided to increase available grant funding. DocuSign Envelope ID: 046D41F8-7E40-4B6B-B661-BED4F6F6D91A Staie-of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA-1921 -YakiCM-00 I 21 Approved Indirect Costs Rate: Approved State Indirect: 25% Recipient Match %: 25% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal giVnt? No k Tiger Oil N. 1st GRANT AND PROJECT ADMINISTRATION •1008 INTERIM OR EMERGENCY ACTIONS ':::100'2:'! Templide Version I 0/30/2015 Task Total 708.93 $ 79,339,66 Total: $ 80,048.59 Page 3 of 5 DocuSign Envelope ID: 046D41F8-7E40-4B6B-B661-BED4F6F6D91A Stole of -Washington Department ni Ecology CITY OF YAKIMA Tiger Oil - North 1st Project Agreement No, TCPRA-I921-YakiCM-001 21 Fultdirte, Distribution Sinaloa ry Recipient / Ecology Share Funding Distribution Name Tiger Oil N. 1st Tiger Oil Oversight N. 1st Total Templifie Version 10/30/2015 Recipient Match (1/0 25 % 10 % Recipient Share $ 20,012.15 128,329.34 148,341.49 Ecology Share $ 60,036.44 $ 1,154,964.07 1,215,000.51 Page 4 of 5 $ 1,283,293.41 $ 1,363,342.00 DocuSign Envelope ID: 046D41F8-7E40-4B6B-B661-BED4F6F6D91A Stale of Washington Department of Ecology CITY OF YAKIMA Tiger Oil - North I st Project Agreement No. TCPRA- 1 921 - YakiCM-00 1 21 AUTHORIZING SIGNATURES Page 5 of 5 All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. The signatories to this Amendment represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This amendment will be effective 04/01/2023. IN WITNESS WHEREOF: the parties hereto, having read this Amendment in its entirety, including all attachments, do agree in each and every particular and have thus set their handS'hereunto. Washington State Department of Ecology LDob alb bed by: Arb447 K"opotooki.. OMCOVEOE130424 BYP: 5/6/2023 Barry Rogowski Toxics Cleanup t•Program Manager Template Approved to Form by Attorney General's °Mee Template Version 10/30/2015 CITY OF YAKIMA By: Date Robert Harrison City Manager CITY CONTRACT NO: RESOLUTION NO: Date