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HomeMy WebLinkAbout04/07/2015 05K Trolley Barn Property Environmental Cleanup Agreement with the Department of EcologyITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.K. For Meeting of: April 7, 2015 A) Resolution authorizing an agreement with the Department of Ecology, for $230,000 of Ecology funds, for the environmental cleanup of a portion of the Trolley Barn property B) Ordinance Amending the 2015 Trolley Fund budget for the City of Yakima (first reading) Debbie Cook, PE, Director of Utilities and Engineering Brett Sheffield, Chief Engineer - 509-576-6797 The Department of Ecology has remaining funds that need to be spent prior to the end of the biennium (June 30, 2015), and they would like to use those funds for the environmental cleanup of a portion of the Trolley Barn property. The Interagency Agreement would provide $230,000 for the project, without requiring any matching funds from the City of Yakima. Resolution: X Other (Specify): Contract: X Start Date: Item Budgeted: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Ordinance: Contract Term: End Date: Amount: Fund 162, Ecology Interagency Agreement City Manager RECOMMENDATION: Staff recommends approval of this resolution. ATTACHMENTS: Description Resolution CI INTERAGENCY AGREEMENT (IAA) CI ordinance Upload Date 3/30/2015 3/30/2015 4/2/2015 Type Cover Memo Cover Memo Cover Memo RESOLUTION NO. 2015 - A RESOLUTION authorizing the execution of an Interagency Agreement with the Department of Ecology (Ecology), for $230,000 of Ecology funds, for the environmental cleanup of a portion of the Trolley Barn property. WHEREAS, the Department of Ecology has remaining funds that need to be spent prior to the end of the biennium; and, WHEREAS, the City of Yakima, is the property owner of the Trolley Barn at 404 S. 3rd Avenue; and, WHEREAS, Ecology has prepared an Interagency Agreement with the City of Yakima to provide $230,000 for the environmental cleanup of a portion of the Trolley Barn property, with no funding match required by the City of Yakima; and, WHEREAS, the City has had discussions with a consultant and have been assured that the work can be completed within the timeframe; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Interagency Agreement with the Department of Ecology, for 230,000 of Ecology funds, for the environmental cleanup of a portion of the Trolley Barn property. ADOPTED BY THE CITY COUNCIL this 7th day of April, 2015. Micah D. Cawley, Mayor ATTEST: Sonya Claar-Tee, City Clerk 6141 DEPARTMENT OF ECOLOGY State of Washington IAA No. INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA THIS INTERAGENCY AGREEMENT is made and entered into by and between the STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, hereinafter referred to as "ECOLOGY," and the CITY OF YAKIMA hereinafter referred to as the "CITY," pursuant to the authority granted by Chapter 39.34 RCW. IT IS THE PURPOSE OF THIS AGREEMENT to complete interim remedial actions at the Yakima Valley Transportation Company Trolley Barn site. Remedial actions include removal and disposal of contaminated soils and treatment of groundwater associated with a former underground storage tank (UST) basin, decommissioning an UST under the Substation building, placement of gravel on bare ground as an institutional control for shallow metals contamination in soil, and filing of an environmental covenant for the City's Trolley Barn property. A soil management plan associated with the environmental covenant will also be prepared. THEREFORE, IT IS MUTUALLY AGREED THAT: 1) STATEMENT OF WORK The CITY shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the performance of the work set forth in Appendix A, attached hereto and incorporated herein. 2) PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this IAA shall commence on April 1, 2015, and be completed by June 30, 2015, unless terminated sooner as provided herein. Amendments extending the period of performance, if any, shall be at the sole discretion of ECOLOGY. 3) COMPENSATION Compensation for the work provided in accordance with this IAA has been established under the terms of RCW 39.34.130, and in accordance with Governor's Executive Order 10-07 and RCW 39.26.180(3). This is a performance-based contract, in which payment is based on the successful completion of expected 1 State of Washington, Department of Ecology IAA No. deliverables. The parties have determined that the cost of accomplishing the work herein will not exceed $230,000. Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount. Compensation for services shall be based on the terms set forth in accordance with the tasks listed in Appendix A, Statement of Work and Budget, which is attached hereto and incorporated herein. ECOLOGY will not make payment until it has reviewed and accepted the completed work. 4) BILLING PROCEDURE The CITY shall submit state form, Invoice Voucher A19 -1A, and Progress Reports for payment requests. Payment will be made within thirty (30) days of a properly completed invoice, form A19 -1A, with supportive documentation. Each invoice shall reference this Agreement (IAA) number and clearly identify the items related to performance under this Agreement. All expenses invoiced shall be supported with copies of invoices paid. Upon expiration of this Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier. Invoices are to be sent to: State of Washington Department of Ecology Attn: Katherine Scott Toxics Cleanup Program P.O. Box 47600 Olympia, WA 98504-7600 Invoices may be submitted on a monthly basis or at the completion of the work. Payment for approved and completed work will be issued through Washington State's Department of Enterprise Services Statewide Payee Desk. To receive payment you must be registered as a state-wide vendor. To register submit a state-wide vendor registration form and an IRS W-9 form at website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. If you have questions about the vendor registration process you can contact DES at the Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.wa.gov. 5) ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 6) SUBCONTRACTORS The CITY agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement for the performance. When federal funding is involved there will be additional subcontractor requirements and reporting. Prior to performance, the CITY shall identify subcontractor(s) who will perform services in fulfillment of Agreement requirements, including their name, the nature of services to be performed, address, telephone, WA State Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and anticipated dollar value of each subcontract. 2 State of Washington, Department of Ecology IAA No. 7) ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. 8) DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. The cost of resolution will be borne by each party paying its own cost. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. 9) FUNDING AVAILABILITY ECOLOGY' s ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the agreement, in whole or part, for convenience or to renegotiate the agreement subject to new funding limitations and conditions. ECOLOGY may also elect to suspend performance of the agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification restrictions. 10) GOVERNING LAW AND VENUE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 11) INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 12) ORDER OF PRECEDENCE In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: a. Applicable federal and state of Washington statutes, regulations, and rules. b. Mutually agreed written amendments to this Agreement. c. This Agreement. d. Statement of Work and Budget. e. Any other provisions of this Agreement, including materials incorporated by reference. 13) RECORDS MAINTENANCE 3 State of Washington, Department of Ecology IAA No. The parties to this Agreement shall each maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. 14) RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. 15) SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. 16) TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. 17) TERMINATION FOR CONVENIENCE Either party may terminate this Agreement upon thirty (30) days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 18) WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 4 State of Washington, Department of Ecology IAA No. 19) AGREEMENT MANAGEMENT The representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. 20) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington City of Yakima Department of Ecology Signature Date Signature Date Polly Zehm Tony O'Rourke Deputy Director City Manager Approved as to form: Attorney General's Office 5 The ECOLOGY Representative is: The CITY OF YAKIMA Representative is: Name: Matt Durkee Address: Department of Ecology 15 West Yakima Avenue, Suite 200 Yakima, WA 98902 Phone: (509) 454-7835 Email. matthew.durkee@ecy.wa.gov Name: Address: Phone: Email. Brett Sheffield City of Yakima 129 North 2nd Street Yakima, WA 98901 (509) 576-6797 brett.sheffield@yakimawa.gov 20) ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement. State of Washington City of Yakima Department of Ecology Signature Date Signature Date Polly Zehm Tony O'Rourke Deputy Director City Manager Approved as to form: Attorney General's Office 5 State of Washington, Department of Ecology IAA No. APPENDIX A STATEMENT OF WORK Remedial Actions: The CITY will perform the following work. Task 1 Develop Interim Action Plan, Permits, Design Plans, and Specifications: The CITY shall develop an interim action plan, permits, design plans, and specifications for conducting an interim remedial action at the Yakima Valley Transportation Company Trolley Barn site. The design plans and specifications shall be used for bidding/construction purposes. Task 2 Conduct an Interim Remedial Action: Remove petroleum contaminated soil, apply chemical oxidant to the excavation (if needed), regrade if necessary and cap soil contaminated with heavy metals, and decommission one underground storage tank in place at the Yakima Valley Transportation Comapany Trolley Barn site. ECOLOGY and the CITY have reviewed remediation options and have determined that removal and off site disposal of petroleum contaminated soil is preferred. The CITY will remove and dispose of accessible petroleum contaminated soil at an approved landfill. Chemical oxidant may be applied in the remedial excavation to treat localized groundwater contamination. For soils with shallow heavy metals contamination, the soil shall be regraded if necessary and capped with gravel. If any heavy metals contaminated soil does need to be removed from the site due to regrading, the CITY will dispose of this soil at an approved landfill. An underground storage tank located under the substation building will be decommissioned in place. ECOLOGY has already conducted sampling and analysis and other additional investigations, as required, to characterize petroleum and heavy metals contamination in soil present on the property. Ecology has also investigated groundwater at the Site and prepared a focused cleanup approach technical memorandum outlining cleanup alternatives. Task 3 Prepare and File an Environmental Covenant: The CITY has agreed to file an environmental covenant at the Trolley Barn property and develop and implement safe -soil practices at this property to limit exposures to people to lead and other metals contaminated soils. The CITY and ECOLOGY will work with Central Washington Comprehensive Mental Health to have them file an environmental covenant for the parking lot property adjacent to the Trolley Barn property. Deliverables: • Submittal of an interim action plan, design plans, and specifications prepared in both hardcopy and electronic format. • Submittal of interim remedial action and environmental reports prepared in both hardcopy and electronic format. • Submittal of Environmental Information Management (EIM) data into Ecology' s central database for environmental monitoring data. • Submittal of one (1) environmental covenant completed and filed with Yakima County. • Submittal of safe -soil practices policy and operations guide (soil management plan) for managing contaminated soil. 6 State of Washington, Department of Ecology IAA No. Budget: Task 1: Develop Interim Action Plan, Permits, Design Plans, and Specifications $20,000 Interim Action Plan 1 @ LS of $5,000 Permits 1 @ LS of $5,000 Design Plans & Specifications leach @ LS of $10,000 NOTE: Ecology may provide assistance with the interim action plan and provide heavy metals analytical support for development of plans. Task 2: Conduct Interim Remedial Actions $205,000 Former underground storage tanks basin contaminated soil excavation, disposal, and clean import 700 cubic yards (estimate) @ $131/cy = $92,000 Temporary fencing 1 @ LS of $1,000 Chemical Oxidant (if needed) 500 lbs (estimate) @ $4/1b = $2,000 Chemical Oxidant Application cost 1 @ LS of $5,500 Shallow heavy metals soil contamination excavation (if nessecary) and capping with gravel 300 cubic yards excavation and disposal (estimate) @ $65/cy = $19,500 550 cubic yards gravel (estimate) @ $25/cy = $13,750 Decommissioning of one (1) underground storage tank in place 1 @ LS of $10,000 Construction oversight, sampling and chemical analysis, and reporting 1 @ LS of $16,000 Contingency (20%) of Task 2 sub -total ($186,250) 1 @ LS of $18,750 Task 3: Prepare and File Environmental Covenant $5,000 One (1) Environmental Covenant Preparation and Filing and Associated Soil Management Plan Preparation 1 @ LS at $5,000 TOTAL $230,000 7 State of Washington, Department of Ecology IAA No. APPENDIX B SPECIAL TERMS AND CONDITIONS 1) SUBMITTING DATA TO ECOLOGY'S ENVIRONMENTAL INFORMATION MANAGEMENT SYSTEM (EIM) The CITY shall submit all sampling data to ECOLOGY in both printed and electronic formats in accordance with WAC 173-340-840(5) and ECOLOGY's Toxics Cleanup Program Policy 840: Data Submittal Requirements. Failure to submit sampling data will result in the withholding of funding. Progress Reports must indicate if sampling data was submitted during the reporting period. Sampling data must be submitted in EIM system format. The EIM system is ECOLOGYy's main repository for electronic environmental monitoring data. It is intended to provide an accessible means by which to examine and evaluate environmental monitoring data. For EIM information: http://www.ecy.wa.gov/eim/ or Jenna Durkee, TCP EIM Data Coordinator, (509) 454-7865. 2) FUND SOURCE This project is being funded by ECOLOGY' s Eastern Washington Clean Sites Initiative (CSI). There are no federal funds in this agreement. 8 AN ORDINANCE ORDINANCE NO. 2015 amending the 2015 budget for the City of Yakima; and making appropriations of $230,000 within the 162 — Trolley Fund, for expenditure during 2015 to provide for the environmental cleanup of a portion of the Trolley Barn property, to be funded with a Department of Ecology grant. WHEREAS, by separate Resolution, the City is entering into a grant agreement with Department of Ecology for $230,000, and WHEREAS, the amount of $230,000 must be appropriated within the 162 — Trolley Fund, for expenditure during 2015 to provide for the environmental cleanup of a portion of the Trolley Barn property, to be funded with the aforementioned Department of Ecology grant, and WHEREAS, at the time of the adoption of the 2015 budget it could not reasonably have been foreseen that the appropriation provided for by this ordinance would be required; and the City Council declares that an emergency exists of the type contemplated by RCW 35.33.091 and that it is in the best interests of the City to make the appropriation herein provided, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: The amount of $230,000 is hereby appropriated from the Unappropriated Fund Balance in the 162 — Trolley Fund Account 162 2066500 titled Trolley Construction Projects as a 2015 appropriation, to be funded by additional revenue of $230,000 in Account 162 8953445 titled Department of Ecology Grant. Section 2: This ordinance is one making an appropriation and shall take effect immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day of 2015. MICAH CAWLEY, MAYOR ATTEST: CITY CLERK First Reading: Publication Date: Effective Date: Cje Yakima.5361.1.Trolley_Grant_Approp_Ord_15.docx 4/2/2015