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