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R-2015-069 Tiger Oil Site Cleanup Agreement with the Washington State Department of Ecology
RESOLUTION NO. R-2015-069 A RESOLUTION authorizing the execution of an Interagency Agreement with the Department of Ecology for $150,000 of Ecology funds, for additional cleanup activities required at the former Tiger Oil site located at 2312 West Nob Hill Boulevard WHEREAS, the Department of Ecology has partnered with the City of Yakima for the cleanup of the former Tiger Oil site located at 2312 West Nob Hill Boulevard; and, WHEREAS, during the cleanup activities of the site, additional contaminated soils were discovered, which prompted Ecology to provide additional funds for its removal and add a few other items to the contract to improve the cleanup effort; and, WHEREAS, Ecology has prepared an Interagency Agreement with the City of Yakima to provide $150,000 for these additional cleanup efforts, with no funding match required by the City of Yakima; and, WHEREAS, the City Council finds and determines that approval of this interagency agreement is in the best interest of the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager is hereby authorized to execute the Interagency Agreement with the Department of Ecology, for $150,000 of Ecology funds, for the environmental cleanup the former Tiger Oil site located at 2312 West Nob Hill Boulevard Section2. The effective date of this Interagency Agreement is hereby ratified and approved as and from April 13, 2015. ADOPTED BY THE CITY COUNCIL this 19th day of May, 2015. Micahtaw y, Mayor DEPARTMENT OF ECOLOGY State of Washington IAA No. C1500131 INTERAGENCY AGREEMENT (IAA) BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY AND THE 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 for the CITY to adminster the cleanup project at the Tiger Oil site (24th & Nob Hill). 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 15, 2015, or date of final signature, whichever comes later, 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 deliverables The parties have determined that the cost of accomplishing the work herein will not exceed $150,000. 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. 1 State of Washington, Department of Ecology IAA No. C 1500131 4) BILLING PROCEDURE The CITY shall submit Invoice Voucher A 19-1 A and a Progress Report for payment requests. Payment will be made within thirty (30) days of a properly completed invoice, form A19-IA, 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 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/BusinessNendorPay/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. 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 State of Washington, Department of Ecology IAA No C1500131 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 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. 3 State of Washington. Department of Ecology IAA No C 1500131 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 terns 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. C1500131 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. The ECOLOGY Representative is: The City Representative is: Name: Valerie Bound Name: Brett Sheffield Address: Dept. of Ecology Address: City of Yakima 15 West Yakima Avenue, Suite 200 129 North 2nd Street Yakima, WA 98902 Yakima, WA 98901 Phone: 509-576-6797 Phone: 509-454-7886 Email: brett.sheffield@yakimawa.gov Email: valerie.bound@ecy.wa.gov Fax: 509-576-6305 Fax: 509-575-2809 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 Department of Ecology 72ekvILI-16 -�s Signa C Date Sig * re Date ToYr Lo Q n e City of Yakima Polly Zehm Deputy Director Approved as to form. Attorney General's Office Tony O'Rourke City Manager 5 CITY CONTRAC T NO: -20 RESOLUTION NO: 2 301 S —Gb State of Washington, Department of Ecology IAA No C1500131 APPENDIX A STATEMENT OF WORK Introduction • The CITY will manage the cleanup project at the Tiger Oil site (24" & Nob Hill) and handle the hiring of contractors and subcontractors necessary to complete the work required. • The objective is to ensure smooth project management and administration for this high -profile community project Requirements and Tasks • The CITY will provide overall administration of the cleanup to ensure contractors and subcontractors stay on -task and on schedule, as well as handle any unforeseen issues that arise. • The CITY will also be responsible for handling the post -construction cleanup activities, and initiate post -construction monitoring • The CITY will provide documentation of contamination found and cleanup actions implemented. These will include, at a minimum• • Final post -construction cleanup report • Groundwater monitoring report Due Date: Prior to 6/30/15 Budget: $100,000 Project administration and reports $ 50,000 Post-contruction monitoring activities $150,000 total project cost • • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.1. For Meeting of: May 19, 2015 ITEM TITLE: Resolution authorizing the execution of an agreement with the Department of Ecology for $150,000 of Ecology funds, for additional cleanup activities required at the former Tiger Oil site located at 1212 West Nob Hill Boulevard SUBMITTED BY: Joan Davenport, PE, Director of Community Development Brett Sheffield, Chief Engineer - 509-576-6797 SUMMARY EXPLANATION: During cleanup activities of the former Tiger Oil site located at 1212 West Nob Hill Boulevard, additional petroleum contaminated soil was discovered in locations that had not previously been tested. The Department of Ecology (Ecology) requested that this additional contaminated soil be removed, along with a few other items to be added to the cleanup of the site. To pay for this additional work, Ecology amended the Remedial Action Grant by an increase of $450,000 and provided an additional $150,000 through the attached Interagency Agreement. Due to the nature of the funding from Ecology, the agreement was executed on April 16, 2015. Staff requests that the City Council formally ratify the execution of this agreement. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Fund 162, Ecology Interagency Agreement Strategic Priority: Insurance Required? No Mail to: Phone: Distributed at the Meeting 51 ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Lcorrec--honj Item No. 5.I. For Meeting of: May 19, 2015 Resolution authorizing the execution of an agreement with the Department of Ecology for $150,000 of Ecology funds, for additional cleanup activities required at the former Tiger Oil site located at '-West Nob Hill Boulevard 2 3Joan Davenport, PE, Director of Community Development Brett Sheffield, Chief Engineer - 509-576-6797 During cleanup activities of the former Tiger Oil site located at 3 1-2-12 West Nob Hill Boulevard, additional petroleum contaminated soil was discovered in locations that had not previously been tested. The Department of Ecology (Ecology) requested that this additional contaminated soil be removed, along with a few other items to be added to the cleanup of the site. To pay for this additional work, Ecology amended the Remedial Action Grant by an increase of $450,000 and provided an additional $150,000 through the attached Interagency Agreement. Due to the nature of the funding from Ecology, the agreement was executed on April 16, 2015. Staff requests that the City Council formally ratify the execution of this agreement. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Fund 162, Ecology Interagency Agreement Strategic Priority: Insurance Required? No Mail to: Phone: DEPARTMENT OF ECOLOGY State of Washington Agreement No. TCPRA-2015-YakiCM-00058 RECEIVED NOV 0 2 2016 TOXICS CLEANUP REMEDIAL ACTION GRANT PROGRAM AGREE II`P oxicsrtment of Ecology ICleanup Program 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. GENERAL INFORMATION Project Title: Tiger Oil 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: $245,000.00 $245,000.00 $220,500.00 $24,500.00 07/01/2015 06/30/2017 Oversight Remedial Action Grant Project Short Description: The City of Yakima proposes to implement the conditions of the Amended Consent Decree for the former Tiger Oil Convenience Store and Gas Sales facility at 2312 West Nob Hill Boulevard to clean up and remediate the contamination on -site. The City acquired the site on February 21, 2014 with the expressed purpose of cleaning up the site in order to promote redevelopment of this vacant, dilapidated, and contaminated commercial property. Project Long Description: Beginning in 1990, various MTCA investigatory and remedial actions occurred at the Site. In October 2004, the property owners and interests entered into the 2004 Consent Decree with Ecology, that was filed in Thurston County Superior Court on October 29, 2004. The 2004 Decree required implementation of Ecology's 2004 Cleanup Action Plan. Under the Cleanup Action Plan, New Tiger was required to: (1) remove underground storage tanks from the site, a minimum of 650 cubic yards of contaminated soils, and gasoline encountered during underground storage tank removal; State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title' Tiger Oil Recipient Name CITY OF YAKIMA (2) dig two trenches to determine the amount of gasoline floating on top of groundwater; and (3) install and operate a soil vapor extraction (SVE) system to treat contamination in the vicinity of the trenches (if free product and/or soil contamination was found present during or after trenching). In December 2004, New Tiger dug two trenches and installed SVE piping on the Tiger Parcel. The four underground storage tanks and piping have been removed from the site, and 700 tons of contaminated soil were removed. A free -phase petroleum (gasoline) plume affects two adjacent properties, with an associated dissolved groundwater plume affecting a third parcel Vapor intrusion risks may affect adjacent buildings. An interim remediation system, consisting of a groundwater and soil vapor extraction (SVE) system was operated from 1995 to 2006 to reduce the level of soil and groundwater contamination and to prevent contamination from moving onto adjacent properties. The system failed. Cleanup actions initiated by Tiger have been stalled in litigation. Tiger Oil Corporation was under an Order of Contempt regarding the earlier Decree. Enforcement of this Order has proved unproductive and resulted in the abandonment of the subject property. The site is now subject to an Amended Consent Decree being implemented by the City of Yakima. The main structure on the subject property has been vacant and boarded up for over 10 years, and is now in a state of dilapidation and poor condition. The City of Yakima will demolish the structure and remove all building materials from site in order to conduct soil remediation for redevelopment purposes. This is necessary in order to conduct removal of petroleum contaminated soil (PCS). Ownership History At the time of the fuel release from the underground pipes, the subject property was owned by Tiger Oil Company. In 1987 Tiger Oil Corporation (New Tiger) became the owner. With the primary motivation of site remediation and economic development, the City of Yakima purchased the site (as well as three other Tiger Oil properties in the City of Yakima with a similar history) on February 21, 2014 from "Tiger Oil Corporation - I daho". The ownership history is thoroughly documented in the Court of Appeals of Washington case, (Division 2, State of Washington, DEPARTMENT OF ECOLOGY, Respondents, v TIGER OIL CORPORATION, Appellant, Tiger Oil Company; Federated Service Insurance Company; Mercy Development Company; and M & E Company, Defendants. No. 40563-6-11. Feb. 28, 2012): New Tiger was incorporated on August 13, 1987, and (Charles David) Conley became New Tiger's president and sole shareholder. On October 1, 1987 New Tiger purchased Old Tiger's assets, including the subject Tiger Parcel, for $1,100,000. In the purchase and sale agreement, Old Tiger warranted "that there [was] no suit, action, legal, administrative or other proceeding pending or threatened against or affecting" Old Tiger. The agreement also contained 730 indemnity clauses, in which Old Tiger and its owners guaranteed to " defend and hold [New Tiger] harmless of any and all claims ... based solely on any alleged occurrence, contract, undertaking, or conduct occurring prior to the time of closing.". In May to June 1988, Mercy Development Company LLC FN9 (Mercy) acquired parcels surrounding Tiger Parcel and developed a Safeway shopping center and parking lot on the southern parcels. In September 1988, Old Tiger dissolved. In the fall of 1988, the company that had installed the pipes on the Tiger Parcel underground storage tanks for Page 2 of22 Version 10/30/20I5 State of Washington Department of Ecology Agreement No TCPRA-2015-Yak1CM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA Old Tiger (that later leaked after Old Tiger bought the parcel in 1978), asked a well driller to close any remaining monitoring and recovery wells at and around the Tiger Parcel because "no [remediation] activity had occurred ... for a long time." In early April 1997, New Tiger settled its lawsuit with Old Tiger, Federated Service, and the other parties. Federated Service agreed to pay New Tiger $1,100,000 and another $1,625,000 in a trust account, to which New Tiger would be entitled after Ecology provided New Tiger with a "No Further Action determination." On March 13, 2002, Ecology issued a Clean-up Action Plan and enforcement order, which required New Tiger, Old Tiger, Federated Service, and Mercy to (I) remove the underground storage tanks at the Tiger Parcel, (2) to remove and to dispose of gasoline -contaminated soils at the Tiger Parcel, and (3) to install and to operate a SVE system. During 2007 and 2008, New Tiger and Ecology attempted to resolve their disputes about New Tiger's consent decree obligations. Ecology subsequently issued its "final position" on September 23, 2008. On April 2, 2010, the superior court issued three orders relevant here: (1) granting Ecology's motion to strike its September 9, 2009 letter from New Tiger's counsel's declaration, CP at 6128-29; (2) denying New Tiger's so-called "summary judgment motion" and affirming Ecology's final management review decision, CP at 5872; and (3) finding New Tiger in contempt of court. In a subsequent appeal filed on April 16, 2010, New Tiger argues that the superior court abused its discretion in entering the April 16, 2010 Amended Order of Contempt. New Tiger contends that (1) Ecology's contempt motions were procedurally improper because the motions fell outside the consent decree dispute resolution process; (2) the superior court erred by finding New Tiger in contempt for failing to operate the Interim SVE System because New Tiger's consent decree obligations were ambiguous and New Tiger did not intentionally disobey a court order; and (3) the superior court erred by finding New Tiger in contempt for failing to use Best Available Control Technology at the Site. The Court did not uphold the appeal argument. However, cleanup actions did not follow this ruling. Expected Outcomes Ownership of this derelict property (and three other Tiger Oil properties in similar condition) by the City of Yakima will enable a partnership between Department of Ecology and the City for appropriate site cleanup that will facilitate economic development. Due to the vacant and abandoned condition, the site and structure have been the source of repeated violations for graffiti, overgrown weeds, litter, junk vehicles and debris. Prior to commencing the cleanup project and soil remediation, the City will demolish the current structures on the site. Building debris will be transported to a suitable landfill facility. If possible, metals for recycling will be separated from materials headed for the landfill. Once the terms of the Consent Decree are accomplished and the site is clean, the City plans to conduct a public process to make this site available for redevelopment. The City of Yakima plans to contract with a site facility cleanup management company to preform necessary activities and install monitoring equipment as required under the terms of the Cleanup Action Plan (CAP) under the Consent Decree for the site. Overall Goal: The goal of this application is to accomplish site cleanup requirements as specified in the Consent Decree for Page 3 of 22 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA the former Tiger Oil site at 2312 West Nob Hill Boulevard. The City of Yakima, as current property owner, prior to site remediation, will demolish the now derelict buildings on -site and other improvements to create a site that is available for cleanup and redevelopment. As a result of these combined actions, the site will be available to be reused as a contributing property to the City Tax role, provide economic development in a critical inner-city neighborhood, and reduce a source of soil and groundwater contamination. Page 4 of 22 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Protect Title. Tiger Oil Recipient Name: CITY OF YAKIMA RECIPIENT INFORMATION Organization Name: CITY OF YAKIMA Federal Tax ID: DUNS Number: Mailing Address: Physical Address: Organization Fax: Contacts 91-6001293 078212651 129 North 2nd Street Yakima, WA 98901 129 North 2nd Street Yakima, Washington 98901 (509) 576-6335 Page 5 of 22 Project Manager Joan Davenport Strategic Project Manager Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenport@yakimawa.gov Phone: (509) 576-6417 Billing Contact Susie Cutter Engineering Contract Specialist 129 N 2nd Street Yakima, Washington 98901 Email: susie.cutter@yakimawa.gov Phone: (509) 575-61 1 1 Authorized Signatory Cliff Moore City Manager 129 North 2nd Street Yakima, Washington 98901 Email: cliff.moore@yakimawa.gov Phone: (509) 575-6040 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA ECOLOGY INFORMATION Mailing Address: Physical Address: Contacts Department of Ecology Toxics Cleanup PO BOX 47600 Olympia, WA 98504-7600 Toxics Cleanup 300 Desmond Drive SE Lacey, WA 98503 Page 6 of 22 Mary Monahan Project Manager 1250 West Alder Street Union Gap, Washington 98903-0009 Email: mmon461 aecy.wa.gov Phone. (509) 454-7840 Matthew Alexander Financial Manager 300 Desmond Drive Lacey, Washington 98503 Email: maa1461@ecy.wa.gov Phone: (360) 407-7606 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-20 I 5-YakiCM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA AUTHORIZING SIGNATURES RECIPIENT agrees to furnish 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. IN WITNESS WHEREOF: the parties hereto, having read this Agreement 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 Jim Pendowski Toxics Cleanup Program Manager Template Approved to Form by Attorney General's Office <<ItAk, Date CITY OF YAKIMA By: C Cliff Moore City Manager Page 7 of 22 2;90 Date RESOLUTION NO:��Q CITY CONTRACT NO: Version 10/30/2015 State of Washington Department of Ecology Page 8 of 22 Agreement No Project Title Recipient Name TC P RA-2015-Yak iC M-00058 Tiger Oil CITY OF YAKIMA SCOPE OF WORK Task Number: 1 Task Cost: $183,750.00 Task Title: OPERATIONS & MAINTENANCE OR MONITORING J007 Task Description. This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary for constructing the long-term compliance monitoring system and conducting the first year of post -construction compliance monitoring. This includes the installation of groundwater monitoring wells and associated sampling systems, collecting, analyzing, and reporting the first year of groundwater compliance monitoring, reporting, and coordination with ECOLOGY. Task Goal Statement: To confirm the long-term effectiveness of the interim actions or cleanup actions at the Site. Task Expected Outcome: Any residual hazardous substance concentrations no longer exceed Site cleanup levels established under the MTCA and any required institutional controls are in place and are protective. Recipient Task Coordinator: Joan Davenport OPERATIONS & MAINTENANCE OR MONITORING J007 Deliverables Number Description Due Date 1 1 Report on monitoring results. Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title: Tiger Oil Recipient Name: CITY OF YAKIMA SCOPE OF WORK Task Number: Task Title: 2 Task Cost: $61,250.00 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 costs may also include those incurred performing activities 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 activities related to multiple tasks or the grant as a whole. • 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 Financial Manager). • Perform Environmental impact analysis. • Perform Cost -benefit analyses. • Conduct research or studies relevant to multiple tasks or sites. • Manage scientific Data. • RECIPIENT may bill up to 25% of salaries and benefits for their indirect costs associated with managing the grant and grant activities. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The updated spending plans must be included with each payment request/progress report as an excel file or other standard spreadsheet format on forms provided by ECOLOGY. Travel & Per Diem: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. Any costs incurred over the state rate will be the sole responsibility of the contractor or recipient unless an exception is provided in writing by the 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, or maintaining vehicles are considered part of overhead and may not be direct billed to this grant. Version 10/30/2015 Page 9 of 22 State of Washington Department of Ecology Agreement No TCPRA-2015-Yak1CM-00058 Project Title: Tiger Oil Recipient Name CITY OF YAKIMA 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. Recipient Task Coordinator: Susie Cutter GRANT AND PROJECT ADMINISTRATION J008 Deliverables Page I 0 of 22 Number Description Due Date 2 1 Timely grant payment requests/progress reports (PR/PR) with proper documentation. 2.2 Updated spending plan with each PR/PR. Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title. Tiger Oil Recipient Name. CITY OF YAKIMA BUDGET Funding Distribution EG160641 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 identify each budget Funding Title: Tiger Oil - Oversight Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2017 Funding Source: Title: Local Toxics Control Act (LTCA) Page 11 o1'22 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, site hazard assessments, 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 44% of the tax revenue into the Local Toxics Control Account (LTCA). Each biennium, the Legislature appropriates a portion of the funds in LTCA for remedial action grants and loans. Approved Indirect Costs Rate: Recipient Match %: InKind Interlocal Allowed: InKind Other Allowed: Approved State Indirect Rate- 25% 10% No No Is this Funding Distribution used to match a federal grant? No Tiger Oil - Oversight Task Total OPERATIONS & MAINTENANCE OR MONITORING J007 $ 183,750.00 GRANT AND PROJECT ADMINISTRATION J008 $ 61,250.00 Total: $ 245,000.00 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title: Tiger Oil Recipient Name CITY OF YAKIMA Funding Distribution Summary Recipient / Ecology Share Page 12 of 22 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Tiger Oil - Oversight 10.00 % $ 24,500.00 $ 220,500.00 $ 245,000.00 Total $ 24,500.00 $ 220,500.00 $ 245.000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS 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, INELIGIBILITY 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 2CFR 180.330, 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 Version I0/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title' Tiger Oil Recipient Name CITY OF YAKIMA Page 13 of 22 Federal 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 must 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 S25,000,000 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 www.fsrs.gov <http://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www.usaspending.gov <http://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.gov <http://www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title: Tiger Oil Recipient Name' CITY OF YAKIMA GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition". https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.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 be subject to the review and approval by ECOLOGY for the extent and character of all work and services. Page 14 of 22 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. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological or cultural resources. Activities associated with archaeological and cultural resources are an eligible reimbursable cost subject to approval by ECOLOGY. RECIPIENT shall. a) Immediately cease work and notify ECOLOGY if any archeological or cultural resources are found while conducting work under this Agreement. b) Immediately notify the Department of Archaeology and Historic Preservation at (360) 586-3064, in the event historical or cultural artifacts are discovered at a work site c) Comply with Governor Executive Order 05-05, Archaeology and Cultural Resources, for any capital construction projects prior to the start of any work. d) Comply with RCW 27.53, Archaeological Sites and Resources, for any work performed under this Agreement, as applicable. National Historic Preservation Act (NHPA) may require the RECIPIENT to obtain a permit pursuant to Chapter 27.53 RCW prior to conducting on -site activity with the potential to impact cultural or historic properties. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. 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. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA Page 15 of 22 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 may require approval by ECOLOGY prior to purchase. 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 Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@des.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. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. 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 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. 8. 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. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00053 Project Title: Tiger Oil Recipient Name: CITY OF YAKIMA 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. 10. 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. Page 16 of 22 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 contract will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 1 I. ENVIRONMENTAL STANDARDS a) RECIPIENTS who collect environmental -monitoring data must provide these data to ECOLOGY using the Environmental Information Management System (EIM). To satisfy this requirement these data must be successfully loaded into EIM, see instructions on the EIM website at: http://www ecy.wa.gov/eim. b) RECIPIENTS are required to follow ECOLOGY's data standards when Geographic Information System (GIS) data are collected and processed. More information and requirements are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENTS 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. Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-20 I 5-YakiCM-00058 Project Title: Tiger Oil Recipient Name: CITY OF YAKIMA c) RECIPIENTS must prepare a Quality Assurance Project Plan (QAPP) when a project involves the collection of environmental measurement data. QAPP is to ensure the consistent application of quality assurance principles to the planning and execution of all activities involved in generating data. RECIPIENTS must follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). ECOLOGY shall review and approve the QAPP prior to start of work. The size, cost, and complexity of the QAPP should be in proportion to the magnitude of the sampling effort. 12. 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. 13. 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. Page 17 of 22 14. 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. 15 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. 16. 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 (OM WBE) (866-208-1064) and the Office of Minority Business Enterprises of the U S. Department of Commerce, as appropriate. 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title Tiger Oil Recipient Name CITY OF YAKIMA 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"; and (f) the General Terms and Conditions. 18. 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. Page 18 of 22 19. PROGRESS REPORTING 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 I 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 shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title: Tiger Oil Recipient Name CITY OF YAkIMA Page 19 of 22 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: a. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. b. 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 21. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project "Title' Tiger Oil Recipient Name CITY 01. YAKIMA Page 20 of 22 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. 22 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. 23. 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. 24. 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 197-1 1 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. 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 26. 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, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project "Title Tiger Oil Recipient Name CITY OF YAKIMA 27. 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. Page 21 of 22 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. 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. 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 Version 10/30/2015 State of Washington Department of Ecology Agreement No TCPRA-2015-YakiCM-00058 Project Title: Tiger Oil Recipient Name CITY OF YAKIMA Page 22 of 22 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. 28. 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. 29. 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. GENERAL TERMS AND CONDITIONS LAST UPDATED 12/25/2015 Version 10/30/2015 5c. ir c.-t: DEPARTMENT OF ECOLOGY Norm State of Washington TOXICS CLEANUP PROQRAM HQ ADMINISTRATION Agreement No. TCPRA-2018-YakiCM-00034 RECEIVED AUG 3 2018 TOXICS CLEANUP REMEDIAL ACTION GRANT PROGRAM AGREEMENT BETWEEN THE STATE OF 1VASHINGTON DEPARTMENT OF ECOLOGY' AND CITY OF YAKIMA REOEiVED SEP 1 9 z018 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 refeiTed to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION 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 - 2312 W Nob Hill $1,706,666.00 $1,706,666.00 $1„279,999.50 S426,666.50 07/01/201.8 06/30/2019 Oversight Remedial .Action Grant Project Short Description: The RECIPIENT will perform remedial investigation,feasibility study, engineering design, remedial action, and post -action performance monitoring necessaryto address legacy contamination at the former Tiger Oil site. Project Lone Description: The former Tiger Oil site, CSID4919, is located at 2312 W. Nob Hill ,Boulevard in Yakima, Washington, Soil and groundwater contamination at the site is the result of fuel releases that occurred during former operation of a retail gasoline station. The RECIPIENT assumed ownership of the site to address contamination and return the property to a beneficial use, and subsequently entered into an amended Consent Decree, No. 02-2-00956-2 with ECOLOGY. The RECIPIENT has since conducted an interim remedial action consisting ofexcavation and off site disposal of contaminated soil, and placement of in situ 'bioremediation product to cleanup groundwater in the source area, and perform post action groundwater performance monitoring. However, both free product and dissolved phase contamination remains. Additional actions that will be performed at the Site include further delineation of the extent of contamination, evaluation and selection of additional remedial. action, design and State of Washington Department of heotogy Agreement No: TCPRA-2018-Yok iC hi -00034 Project fide: tiger Oil - 2312 W Nob Hi Recipient Name: ChlY OF YAKIMA implementation of the selected remedial action, and post remedial action groundwater performance monitoring. Overall Goal: To compile Site information, and conduct field investigations that adequately characterize the nature and extent of contamination at the Site to enable development and evaluation of alternatives for cleanup, and implement remedial actions to cleanup the Site. Page 2 0126 Version 10/3012015 State of Washington Department of Licology Agreement No; 3CPRA-2018-3" aka:W-0003,1 Proiem rifle; Tiger Oil - 2312 W Nob Hill Recipient Name: CITY OF YAKIMA RECIPIENT INFORMATION Organization Name: CITY OF YAKIMA Federal Tax ID: 91-6001293 DUNS Number: 0782 12651 Mailing Address: 129 North 2nd Street Yakima, WA 98901 Physical Address: Organization Fax: Contacts Project Manager Billing Contact 129 North 2nd Street Yakima, Washington 98901 (509) 576-6335 Joan Davenport Strategic Project Manager Yakima City Hall 129 N 2nd Street Yakima, Washington 98901 Email: joan.davenport@yakintawa.gov Phone: (509) 576..6417 Susie Cutter Engineering Contract Specialist 129 N 2nd Street Yakima, Washington 98901 Email; susie,cutteM4yakimawa.gov Phone: (509) 575-6111 Page 3 of 26 Authorized Signatory oi 10130,2015 Cliff Moore City Manager 129 North 2nd Street Yakima, Washington 98901 Email: oh ffinoure@yakim awagov Phone: (509) 575-6040 State of Washin ¢ct� ardent csirecslca Agreement No: "i"C:PR,\-20113-t"ak CM -OM 34 tI Tide: Tiger Oil -2313 W Nob Hi89 ttecipion Name: (1;1Y 01 Y K1M Dena. ECOLOGY INFORMATION ailing Address Department of Ecology Tories Cleanup PC BOX 47600 Olympia, WA 9S504-7 00 Physical Address: Toxins Cleanup 3i)0 Desmond Drive S Lacey, WA 98503 Con cts Monahan Project onager 1250 W Alder St. Union Gap, Washington 9 90341009 Email: enmrrn461 c@;ec . a.gov Phone:: (509) 4 4-784I1 Dan Kor0ri1 PO Box 47600 Olympia, Washington 985 4-7600 Email: d.or4 1cy.wa.gov Phone: , (360) 407-7187 'err,i, n 1 Slate of Washington Dehartn enI or Ecology Agreement No: TCPRA-2Ol n-Yal,'iCN-O00341 Project Title: Piper Coil - 231,. w Nob Hill ReC�crient Name: CITY 'Of YAKIMA AUTHORIZING SIGNATURES RECIPIENT agrees to furnish 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, tend ther representations other than as set forth, or incorporated by reference, herein, no other understandings or 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 appro.)/etl"� The signatories to this Agreement represent respective organizations to this Agreement. hat they have the authority to execute this Agreement and bind their IN WITNESS WHEREOF: the parties hereto, having read this Agreement 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 Toxics Cleanup Program Manager Tem' late Approved to Form by Attorney General's Office CITY OF YAKI.MA AR I Date ClitTMoore City Manager CITY CONTRACT NO: RESOLUTION NO:. Page 5 of 26 Date Version 1013W2015 State or Washington Amecmcni Niy Project lathy Recipiem Name: Department o r Ecology TCPRA-2018-YakiCM-00034 'Eiger Oil - 2312 W Nob Hill crry OF YAKIMA Cliff Moore Authori e Signatory CITY CONTRACT NO' RESOLUTION NO: "'At, L3 Page 6 of 26 Date Version 101'3012015 State of Washington Depamment of Ecology Agreement No: TCPRA-2018-YakiCM-00034 Project Title: Tiger Oil - 2312 V' Nob Hill Recipient Name: CITY OF YAK MA SCOPE OF WORK Task Number: Task Cost: $410,000.00 Task Title: Remedial Investigations (J003) Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform Remedial Investigations at the Site consistent with the scope of work in the Agreed Order for the Site. This also includes sampling and analysis costs, identification and testing of sources of contamination, surveying/mapping, data management, reports, and project management. Task Goal Statement: To compile Site information, and conduct field investigations that adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site. Task Expected Outcome: The results of the RI are documented in a report that can be used to aid the development and evaluation of cletmop alternatives for the Site. Recipient Task Coordinator: Joan Davenport Remedial Investigations (J003) Deliverables Number Description Due Date Pogo 7 of 26 1.1 RI Report Version 10/30:2013 State of Washington Department of Feetogy Agreement No: TCPRA-2018-YakiC M -0003,4 Fisiteet 1 tk, Tiger ()it - 2312 W Nob Hill Recipient Name,: CITY OF YAKIMA SCOPE OF WORK Task Number: 2 Task Cost: $75.000.00 Task Title: Feasibility Study (J004) Task Description: This task funds the RECIPIENT'S eligible costs ECOLOGY deems reasonable and necessary to plan and perform an analysis of the feasibility of potential cleanup options identified for the Site during remedial site investigations performed under the Remedial Investigations task. This work Titus( be consistent with the scope of work approved by the ECOLOGY Project Manager for the Site. Eligible activities may include selection of the preferred cleanup method and development of a draft revision to the cleanup action plan, Eligible costs may also include pilot tests, treatability studies, stoimwater source control engineering studies, green remediation alternatives analysis, Environmental Impact Statements, data management, and public involvement Task Goal Statement: To complete a study that documents the development and evaluation of cleanup action alternatives to enable ECOLOGY to select a cleanup action for the Site, and to develop a draft revision to the cleanup action plan based on that work, Task Expected Outcome: The results of the feasibility study process are documented 111 a feasibility study report and adequate intbrmation has been provided so a cleanup action can be selected and a draft revision to the cleanup action plan developed for the Site, Recipient Task Coordinator: Feasibility Study (3004) Deliverables Number 2.1 21 Joan Davenport Description Feasibility Study Report Draft cleanup action plan (DCAP) Due Date Page 8 of 26 Version 10/3012015 Page 9 of State at1' il'a laual scan Der rtmc ns xaC F^oka y Agreement Nab TCP l8-YakiC"M-00034 Project 'biderig t Coil 2312 W Nob Mill Recipient ante C`1I.,r, t71° `? K1M 1. SCOPE OF WORK "Task Nu Task Title: Task Description: This task funds the RECIPIENT's eligilalc costs ECOLOGY deem engineering design work at the Site consistent with the cleanup rare This also includes any required permitting activities, preparation aeon plans and speedcations, or reports; including the Engineering Design Report (ELM), supplemental testing, surveying, mapping, green remediation ives design, Operations and Maintenance Plan (O&M), design of stermwater reduction and treatment facilities;, and lrrnit applications. The EDR may include specialized studies and en veering Design 005i Task Cost; $75,000,00 I ask Goal Str To prepare the detailed Nvorking doeum needed to preparation of an engineering design report tlyat ineludes su construction plans and specifications needed for cleanup cot neera asonable and necessary to complete the nc rat for the Site. calculations to support Task Expected Outcora-ae:. An engineering design report that documents engi cleanup action, including constructions plans and s Recipient Task Coordinator: Engineering Design (3005) Deliverables Number 3,2 an Davenport eription p al design. ent the cleanup action for the Site. This includes cient`inforrnation for the development and review of ttuctican. Bring concepts and design criteria needed for tlae design oft c The Engineering Design Report (EDR) Remedial ,fiction C"onstruetim n Bid Package( Due Date State, ri'V°ashintcn Agreement o: 1"C:P9 k ? iIS 5`; kiCM-00044 Project rid r� crOil ''312 W Nob Hill Recipient NUM"' C rt t` Cl,t KINIA ^t aCOPE OF WORK 7"ask lumber: 4 Task "Title: Task Descriptit This task funds the RECIPIENT'S eligible costs ECOLOGY deems reasonable and necessary to oversee and cons any remedial actions identified through the feasibility study process and designed under the Engineering Design task, Eligible costs may also include permit applications;, construction work (construction of the tensed}'), and construction ofstortnwater source reduction and treatment facilities, excavation, disposal costs, construction oversight and documentation, surveying, mapping, health and safety monitoring, construction duality control/assurance during cleanup construction, and capdtaticarr t` the remedy for up to one year altctive construction is completed. eanup Construction (J006) Task Goal Statement: To complete the cleanup actions in accordance wit construction plans, and standard safety and engine the Model "Toxies Control Act: Task Expected Outcome: The completed cleanup will be prate Recipient: Task Coordinator: Cleanup Construction (3006) Deliverables Number 4.1 the current cleanup action plan, engineering design pecifications, rig practices that progressively trloves the Site to full co pliance ive of human health and the rot -line n Davenport Des lotion Construction Conxpltat State or` 'trti A rs:cmcnt No: Promo If t Name - in Department of Ecology TTt" PRA-2O 18-Yakit'M-1)0014 Ci crl)l_? 1 WNob Hill (11Y OF YAKIMA SCOPE OF WORK Task Number 5 Task Tide: Post-Con,tructon O&.IVI (J00) Task Cost: S120,000,00 Task Description This task funds the R..ECTPIE T's eligible costs ECOLOGY deems reasonable and necessary for constructing the long-term compliance monitoring system and conducting the first year of post -construction compliance monitoring. This includes the insfallatic)n ofgroundwateF monitoring wells and associated sampling systems, collecting, analyzing, and reporting the first year of groundwater compliance monitoring, reporting, and coordination with ECOLOGY. `ask: Coal S To confirm the long -tern e tivenes Task Expected Outcome: Any residual hazardous substance colt any required institutional controls are of the clea p ions at the Site, ntrations no longer exceed Si place and are protective,. Recipient Task Coordinator Joan Davenport Post -Construction O&M (J007) e bies Nurrrber 5.1 5.2 Description Groundwater. Semi annual Groundwater Monitoring Su e cleanup levels established Repot rde [TCA and Due Date State of Washington Department ol Ecology Agreement No: TC.PRA-2018-YakiCM-00034 Project Title: Tiger Oil - .2312 W Nob Hill Recipient Name: CITY OF YAKIMA SCOPE OF WORK Task Number: 6 Task Cost: S100,000.00 Task Title: Grant and Project Administration (.1008) 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 costs may also include those incurred performing activities 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 activities related to multiple tasks or the grant as a whole, • 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 Financial Manager). • Perform Environmentalimpact analysis. • Perform Cost -benefit analyses. • Conduct research or studies relevant to multiple tasks or sites. • Manage scientific Data. • RECIPIENT may bill up to 25% of salaries and benefits for their indirect costs associated with managing the grant and grant activities. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement, The spending plan .must be updated at least quarterly to reflect actual expenditures and projections .for the remainder of grant/loan reimbursement requests. The updated spending plans must be included with each payment request/progress report on the Spending Plan form in EAGL. Travel & Per Diem: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. Any costs. incurred over the state rate will. be the sole responsibility of the contractor or recipient unless an exception is provided in writing by the 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 R.ECIPIENT's vehicles at their own office, purchasing, or maintaining vehicles are considered part of overhead and may not be direct billed to this grant. Task Goal Statement: To manage the grant and project, and complete all administrative documentation and billings in accordance with Version 1030/2015 Page t 2 of 26 State of N/Eashingion Department of Ecology Agreement No: TcPRA-2018-YakiCM-00034 Project Title: Tiger Oil - 231,2 W Noh Hi11 Recipieni Name: crrY OF YAKIMA accounting standards, the terms and conditions of the grant and the Administrative Requirements for Recipients of Ecology Grants and Loans Managed in LAGL„ 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, Recipient Task Coordinator: Joan Davenport Grant and Project Administration (J008) Deliverables Number 6, 1 6.2 Description Timely grant payment requests/progress reports (PRIPR) with proper documentation Updated spending plan in EAGL with each PR PR Due Date Page 13 of 26 Version 1010,2015 Slate of Washington Departmeni of Ecology Agreement No: 'TCPRA-20 8-YakiCM-00034 Project 'r Me: 'Eiger Oil - 2312 W Nob Hill Recipient Nine CITY OF YAKIMA BUDGET Funding Distribution EG190130 NO'FE: The above landing distribution number is used to Omit& this specific agreement and budget on payment remittances and may be refitrenced on other communications fi.om ECOLOGY. Your agreement may have multipk funding distribution numbers to identift each budget. Funding Title: Tiger Oil-2312 W Nob Hill - Oversight Funding Effective Date: 07/0 I /2018 Funding Source: Title: Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match '1/0: InKind Interlocal Allowed: lnKind Other Allowed: Funding Type: Grant Funding Expiration Date; 06/30/2019 State Building Construction Account (SBCA) Page 14 al 26 State I 00% 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, site hazard assessments, independent cleanups, cleanups conducted under order or consent decree, safe drinking water actions, arcawide 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 I 73-322A WAC, Remedial Action Cirants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances, MICA directs 4141% of the tax revenue into the Local Toxics Control Account (ET('A) and in some eases capital bond funds are provided to increase grant funding options. Approved State Indirect Rate: 25% 25% No No Is this Funding Distribution used to match a federal grant? No Version 10/30,2015 Suite of Agree Pr* Reeipcttt Tier Oi1-23 of Fct ogy Tt_"1'1i i t Yaks M-00034 Tiger Oil - 23 i 2 W Nob Hill CITY 01 KIMA Nob Hit[ - Oversight ediai i esti atinns J003) Feas iiity Study i( Engineering Design n (t 5) et Adm ni trffti an (1Oii ) 75,000.0 926,666.00 100,000.00 State of ashington Department ul Ecology Agreement Nm TC PRA-2018-YakiC'M-0U034 Project Title: Tiger Oil - 23I2 W Nub Hill RecipientNanrc: CITY OF YAKIMA Funding Distribution Summary Recipient / Ecology Share Funding Distribution Name Tiger Oil-2312 W Nob Hill - Oversight Total Recipient Match % 25,00 Recipient Share 426,666.50 Ecology Share 1 ,279,999.50 Page It, of26 Total 1,706,666.00 426,666.50 $ 1,279,999.50 $ 1,706,666.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS GENERAL FEDERAL CONDITIONS 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, INELIGIBILITY OR VOLUNTARY EXCLUSION. I. 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/CONTRRACTOR 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 tem-is 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 Fier 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. REC'IPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Version 10i302U15 State of Washington Depaoment of Ecology Agreement No: TCPRA-2018- YakiCM -00034 Project Title: Tiger Oil - 2312 W Nob Hill Recipient Millie: CITA 01' YAKIMA Page I 7 of 26 Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CON'FRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or controoms, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved or 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 Fortin (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form, • Receives more than S25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than 825,000,000 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 intonation for federally funded agreements, including the required DUNS number, at wwwfsrs.gov <littp://www.fsrs.govi> within 30 days of agreement signature. The FFATA information Vt^ifl be available to the public at WWw.usaspendin g 4ov <http://www.usaspendingnovi>. For more details on HATA requirements, see WWW fsrs.gov <htm://WWW.fsrsgovt5. Version 1073(62015 State of Washington Department of Ecology Agreement No: TCI'RA-2018-YakiCM-00034 Project Title: Tiger Oil - 2312 W Nob Hill Recipient Name; CIFY OF YAKIMA GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology GENERAL TERMS AND CONDITIONS AS OF LAST UPDATED 1/' /2018 VERSION 1„ ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the ".Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." (https://fortress.wa.govlecy/publications/S ummary Pages/ 1701.004.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 subgrantces and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. Page 18 of 26 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. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources, The RECIPIENT must agree to hold harmless the State of Washington in. relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOCrY Program issuing the gram or loan to discuss any Cultural Resources requirements for their project: • For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) IT required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing 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 staffand contractors working at the project site, • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (3.60) 586-3064, any affected Tribe, and the local. government. d) If any human remains are found while conducting work under this Agreement: Version 10/.3012015 State of Washington Department of Ecology Agreement No: TCPRA-2018-YakiCM-00034 Project Title: Tiger Oil - 2312 W Nob Hill Recipient Name: CITY OF YAKIMA • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program.. e) Comply with RCW 27.53, RCW 2744.055, and RCW 68.50.645, and all other applicable local,. state, and federal. laws ,protecting cultural resources and human. remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5, COMMUNICATION RECIPIENT shall make everyeffort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. Page 19 of 2(i 6. 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 Agreenient. c) RECIPIENT is responsible to determine ifeosts 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 pa.ymentrequests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests, 0 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 Department of Enterprise Services' Statewide Payee Desk.. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.goviservicesiContractin.gPurchasing/BusinessiVendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360)407-8180 or email, payeehelpdesk(watech.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. 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. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fidly 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 tiin.e in their project timeline for the permit and approval processes. Version 10,10i2015 State of Washington .Department of Ecology Agreemern No: II..:`PRA-2018-YakiCM-00034 Project 'rifle: Tiger Oil - 23 12 W Nob Hill Recipient Name: CITY OF YAKIMA 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 e idered modified to conform to that statute or rule of law. Page 20 of 26 8, CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibilityin 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. 9. CONTRAC'TING 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,. equiptnent, 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 procurementdocumentation, 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, 10. 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), e) RECIPIENT has the opportunity to he 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. 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 On 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 pat choice of another mutually acceptable' method, in addition to the dispute resolution procedure outlined above. 11. 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 Version 10/30/2015 State of Washint Agreement No: Project Title: Recipient Name: n Department of Ecology TCPRA-2018-' aklC"M-000i4 `tiger 0i1- 2:312 IV Nob Hill CITY OF YAKIMA Page 2.1 af26 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 Infonnation 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...gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic lnfortnation System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: hops://ecology.wa.gov/Res.earch-Data/Data-resources/Geographic-Infbrtnation-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. 12, GOVERNING LAW This Agreement will be governed by the laws of the State of Washi hereunder will be in the Superior Court of Thurston County. and the venue ofany action brought 13. 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 car omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to he employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. 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, comtnission, or gift in return for award of a subcontract hereunder. MINORITY AND WOME.N'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 pe participation by qualified minority and women's businesses. c) Establish. delivery schedules, where work requirements permit, which will encourage participation of qualified Version I0i0 2015 State of Washingeon Department of Ecology Agreement No: T( PRA-20113-YakiCM-00034 Project Title: Tiger Oil - 2312 W Nob Hill Recipient Name: CITY OF YAK 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 of Commerce, as appropriate. 17, ORDER OF PRECEDENCE hi 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 teens incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. 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 collies 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 shah acknowledge in the communications that funding was provided by ECOLOGY, Page 22 01'26 19. PROGRESS REPORTING 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 lithe 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 I through March 31, April 1 through June 30, July I 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. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any ropyrightable 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 Version 10/30120 I 5 State of Washington Deparimeni or Ecology Page 23 of 26 Agreement No: Project Recipiem Name: 'I1 PRA-201.8- Y aki('IM -00034 Tiger Oil 231,2 W Nob Hill (f.1.-Y OF YAKIMA 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, c) 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, i) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: I. 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 abilityto 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) ('on.versions, Regardless of the Agreement expiration date, the RECIPIENT shalt 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. 2 1, RECORDS, AUDITS,. AND INSPECTIONS, RECIPIENT shall maintain cornplete 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 expendituresrelated to this Agreement. d) Be open f'or 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 tennination. 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 Version 10/31E20 I5 Suite 4..)f Washington Department or Ecology Agreement No: TCPRA-20 I 8-YakiCM-00034 Project Title 'Figer Oil - 2312 W Nob Hill Recipient Nome: Cl.TrY OF YAKIMA 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. Rage 24 or 26 21, 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 ofsuch property, 23, SEVERABILITY If any provision of this Agreement or any provision of any document incorporaied 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, 24. 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 1.97-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. 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 ECOLOG Y. 2(), 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, and100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, https://ecology.wa.gov/Regulations-Permits/Guidance-technical-a.ssistance/Sustainable-purchasing. 27. TERMINATION a) For Cause ECOLOGY may termina ause this Agreement with a seven (7) calendar days prior written notification to Version 1030/2015 Stale of Wo,shington Deparimeni of Ecology Agreement No: TC.PRA-2018-YakiCM-00034 Project Title: "Tiger Oil.- 2312 W Nob Hill Reeipieni Name: on OF YAKJMA 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. Page 25 of 26 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 RECIPIENTunjustifiably fails, in the opinion of ECOLOGY, to perforrn 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 setoffuntil such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY m.ay terminate for convenience this Agreement, in whole or in part, for any reason when it is the hest interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. lf 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/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no 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 RECIPTENT'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 ofTermination All finishedor 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 Version 10/3012015 Saate crr' Washington Department or hook) Agret, trent No: TCPRA-2UIII-YakiC'M-00034 Project Title Tiger Oil - 2312 W Nob Hi11'. Recipient Name: C'CT\" CIF YAKIMA completed on such documents and other Inatet Nothing contained herein shall preclude ECOLO Y from demanding repayrtrent of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified h Papa 2ti of"?6 2, THIRD PARTY BENEFICIARY RECIPIENT shall ensure that in all subcontracts entered into by the REIPILNr pursuant to this Agreement, the stat of Washington is named as an express third party bencf 29. 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 thisAgreement unless stated as such in writing by the authorized representative of ECOLOGY, try of such suhcontrac;s with full rights as such, n 10i3t1' DEPARTMENT OF ECOLOGY State of Washington RECEIVED DATE JAN 07 2019 AMENDMENT NO. 2 Washington State Department of Ecology TO AGREEMENT NO. TCPRA-2015-YakiCM-00058 Toxics Cieanup Program 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 24th Ave & W Nob Hill Site (PROJECT). The purpose of this amendment is to merge funds from grant TCPRA-2018-YakiCM-00034 with this grant, TCPRA-2015-YakiCM-00058, for the benefit of both parties. The total eligible cost will be for $1,667,222.22 with a State share of $1,500,500.00 reflecting the 90% state share — 10% RECIPIENT match approved for both grants by ECOLOGY. Grant TCPRA-201.8-YakiCNI-00034 was originally written for a 25% RECIPIENT match,. but was subsequentlyapproved for a 10% RECIPIENT rnatch. The 90% state share — 10%© 'RECIPIENT match for both grants is reflected within the budget of this amendment. Total Project Costs (90% state share, 10% RECIPIENT match) TCPRA-2015-YakiCM-00058 Funds: S245,000.00 TCPRA-2018-YakiCM-00034 Funds: $1,422,222.22 Total funds for Site: S1,667,222:22 State Share ONLY TCPRA-201.5-YakiCM-00058 Funds: S220,500,00 TCPRA-2018-YakiCM-00034 Funds: $1,280,000.00 Total funds for Site: S1,500,500.00 Amendments to scope of work, corresponding budget (see CHANGES TO THE BUDGET), and AGREEMENT expiration date reflectthe updated needs of the project. The expiration date is extended from 6/30/20.19 to 6/30/2021. A previous payment was charged in error to Operations and Maintenance or Monitoring (J007). In the next payment request this money will be debited from J007 and credited toward Remedial Investigations (J003) to match work conducted. It is not expected for work to he conducted within the J007 task under this agreement. This amendment also includes adjustments to General Information (including short description, long description, and overall goal) in order to reflect updated information applicable to the new funds. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Project Title: Original: Tiger Oil Amended: Tiger Oil 24th Ave & W Nob Hill Site Version 1 0i301.2015 State: of Washington Department or Ecology City of Yakima Tiger Oil 24th Ave & w' Nob Hill Site Project Agreement No. TCPRA-20 t 5-YakiCM-00058 Amendment No. 2 Total Cost: Original: 245,000.00 Amended: 1,667,222,22 fo'tal Eligible Cost: Original: 245,000.00 Amended: 1,667,22.2.22 Expiration Date: Original: 06130/22019 Amended: 0613012021 Project Short Description: Original: The City of Yakima proposes to implement the conditions of the Amended Consent Decree for the former Tiger Oil Convenience Store and Gas Sales facility at 2312 West Nob Hill Boulevard to clean up and remediate the contamination on -site, The City acquired the site on February 21, 2014 with the expressed purpose of cleaning up the site in order to promote redevelopment of this vacant, dilapidated, and contaminated commercial property, Amended: The RECIPIENT will implement the conditions of the Amended Consent Decree for the former Tiger Oil Convenience Store and. Gas Sales facility at 2312 West Nob Hill. Boulevard (CS1D 491.9) to investigate and clean up the on -site contamination. The City acquired the site in 2014 with the expressed purpose of cleaning up the site to promote redevelopment of the vacant, dilapidated, and contaminated commercial property. Project Long Description: Amended: Background. The Tiger Oil 24th Ave & W Nob Hill Site (a.k.a. Former Tiger Oil Site, Tiger Oil Corporation), CSID 4919, .is located at 2312 W. Nob Hill Boulevard in Yakima, Washington. Soil and groundwater contamination at the Site resulted from fuel releases during the operation of a retail gasoline station previously on the Site. The RECIPIENT assumed ownership of the site to address contamination and return the property to beneficial use, and subsequently entered into amended Consent Decree, No. 02-2-00956-2 with ECOLOGY, Current Site Status and. Activity Since assuming ownership, the RECIPIENT conducted interim remedial actions consisting of demolition of the existing building on the property, excavation and off -site disposal of contaminated soil, placement of in situ bioremedi.ation product to cleanup groundwater in the source area, and post action groundwater performance monitoring. However, both free product and dissolved phase contamination remain. Additional Site cleanup actions include further identification of contamination. extent, evaluation and selection of additional remedial actions, design and. implementation of the selected remedial action(s), and post -remedial action groundwater performance monitoring. Remedial History Version IOt30,=2095 Page 2 of 13 State of Washington Department of Ecology City Of Yakima Tiger Oil 24th Avc & NV Nob Hill Site Project Agreement No. "ITCPRA-20l5-YakiCM-00058 Amendment No, 2 Beginning in 1990, various MTCA investigatory and remedial actions occurred at the Site. In October 2004, the property owners and interests entered into the 2004. Consent Decree with Ecology, that was filed in Thurston County Superior Court on October 29„2004. The 2004 Decree required implementation of Ecology's 2004. Cleanup Action Plan. Under the Cleanup Action Plan, New Tiger was required to: (1.) remove underground storage tanks from the site, a minimum of 650 cubic yards of contaminated soils, and gasoline encountered during underground storage tank removal.; ) dig two trenches to determine the amount ofgasoline floating on top of groundwater; and (3) install and operate a soil vapor extraction (SVE) system to treat contamination in the vicinity of the trenches (if free product and/or soil contamination was found present during or after trenching). In December 2004, New Tiger dug two trenches and installed SVE piping, The four underground storage tanks and piping along with 700 tons of contaminated soil were removed from the Site. A free -phase petroleum (gasoli.ne) 'plume affects two adjacent properties, with an associated dissolved groundwater plume affecting a third parcel. Vapor intrusion risks may affect adjacent buildings. An interim remediation system„ consisting of a groundwater an.d soil vapor extraction (SVE) system operated from 1995.to 2006 reducing levels of soil and groundwater contamination and preventing contamination from spreading to adjacent properties. The system failed. Cleanup actions initiated by New Tiger stalled in litigation. New Tiger Oil Corporation was under an Order of Contempt regarding the earlier Decree. Enforcement of this Order proved unproductive and resulted in the abandonment of the subject property. The main structure on the subject property was vacant and boarded up for over 1.0 years, and was demolished in 2015 in order to conduct the source removal interim Action at the Site. Ownership History Al the time of the fuel release from the underground pipes, the subject property was owned by Tiger Oil Company. In 1987 Tiger Oil Corporation (New Tiger) became the owner. With the primary motivation of Si.te remediation and economic development, the City of -Yakima purchased the site (as well as three other Tiger Oil properties in the City of Yakima with a similar history) on February 21, 2014 from "Tiger Oil Corporation- Idaho" . The ownership history is thoroughly documented in the. Court of Appeals of Washington case, (Division 2, State of Washington, DEPARTMENT OF ECOLOGY, Respondents, v. TIGER OIL CORPORATION, Appellant, Tiger Oil Company; Federated. Service Insurance Company; Mercy Development Company; and M & .E Company, Defendants. No. 40563-6—II, Feb. 28, 2.012): New Tiger was incorporated on August 13, 1987, and (Charles David) Conley became New Tiger's president and sole shareholder. On October1, 1987 New Tiger purchased Old Tiger's assets, including the subject Tiger. Parcel, for S1,100,000, In the purchase and sale agreement, Old Tiger warranted "that there [was] no suit, action, legal, administrative or other proceeding pending or threatened against or affecting" Old Tiger. The agreement also contained. 730 indemnity clauses, in which Oki. Tiger and its owners guaranteed to "defend and hold [New Tiger] harmless of any and all claims .... based solely on any alleged occurrence, contract, undertaking, or conduct occurring prior to the time of closing," Version 10/30.'2015 Page 3 of 13 State of Washington Department of Ecology City of Yakima Tiger Oil 241h Ave & W Nob Hill Site Project Agreement No. IC1'RA-2015-YakiCM-000.5K Amendment No.2 In May to June 1988, Mercy Development Company EEC FN9 (Mercy) acquired parcels surrounding Tiger Parcel and developed a Safeway shopping center and parking lot on the southern parcels. In September 1988, Old Tiger dissolved. In the fall of 1988, the company that had installed the pipes on the Tiger Parcel underground storage tanks for Old Tiger (that later leaked after Old Tiger bought the parcel in 1978), asked a well driller to close any remaining monitoring and recovery wells at and around the Tiger Parcel because "no [remediation] activity had occurred for a long time." In early April 1997, New Tiger settled its lawsuit with Old Tiger, Federated Service, and the other parties. Federated Service agreed to pay New Tiger SI,100,000 and another S1,62.5,000 in a trust account, to which New Tiger would be entitled after Ecology provided New Tiger with a "No Further Action determination." On March 13, 2002, Ecology issued a Clean-up Action Plan and enforcement order, which required New Tiger, Old Tiger, Federated Service, and Mercy to (I) remove the underground storage tanks at the Tiger Parcel, (2) to remove and to dispose of gasoline -contaminated sods at the Tiger Parcel, and (3) to install and to operate a SVE system. During 200'7 and 2008, New Tiger and Ecology attempted to resolve their disputes about New Tiger's consent decree obligations, Ecology subsequently issued its "final position" on September 23, 2008. On April 2, 2010,-the superior court issuedthree orders: (1) granting Ecology's motion to strike its September 9, 2009 letter from New Tiger's counsel's declaration, CP at 61.28-29; (2) denying New Tiger's so-cal.led "summary judgment motion" and affirming Ecology's final management review decision, CP at 5872; and (3) .finding New Tiger in contempt of court. In a subsequent appeal filed on April 16, 2010, New Tiger argued the superior court abused its discretion in entering the April 16, 201.0 Amended Order of Contempt-, New Tiger contended that (I) Ecology's contempt motions were procedurally improper because the motions fell outside the consent decree dispute resolution process; (2) the superior court erred by finding New Tiger in contempt for failing to operate the Interim SVE System because New Tiger's consent decree obligations were ambiguous and New Tiger did not intentionally disobey a court order; and (3) the superior court erred by finding New Tiger in contempt for failing to use Best Available Control Technology at the Site. The Court did not uphold the appeal argument, but cleanup actions did not follow the ruling. Overall Goal: The project goal is to complete cleanup requirements as specified in the Consent Decree for the former Tiger Oil Site. The RECIPIENT, as current property owner, prior to site remediation, will demolish derelict buildings on -site and other improvements to create a Site that is available for cleanup and redevelopment. The Site will then be available for reuse to become a contributing property for economic development in a critical inner-city neighborhood. The project's completion also reduces a source of soil and groundwater contamination to protect human health and the environment. CHANGES TO THE BUDGET Funding Distribution EG160641 Funding Title: Tiger Oil - Oversight Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2021 Version 10/30/2015 Page 4 or I 3 State of 'Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No, TCPRA-2015-YakiCM-00058. Amendment No, 2 Funding Source: Title: Type: Funding Source %: Description: Title: Type: Funding Source %: Description: Approved Indirect Costs Rate: Recipient Match %: lnKind Intel -local Allowed: InKind Other Allowed: Page 5. of 13 Local Toxics Control Act (LTCA) State 14.7%1 Remedial action grants and Ioans 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, site hazard assessments, 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 70.1.05D RCW. MICA 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 conie from a tax on hazardous substances. MTCA directs 44% of the tax. revenue into the Local Toxics Control Account (LTCA). Each biennium, the Legislature appropriates a portion ofthe funds in LTCA for remedial action grants and loans, State Building Construction Account (SBCA) State 85.3% 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, site hazard assessments, 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 (MICA), Chapter 70..105D R.C.W. 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 44%, of the tax revenue into the Local Toxics Control Account (LTCA) and in some cases capital bond funds are provided to increase grant funding options. Approved State Indirect: 25% 10% No No Is this Funding Distribution used to match a federal grant? Tiger Oil Oversight REMEDIAL INVESTIGATIONS - J003 Version 10/30,2015 No Task Total 720,281.79 State °I -Washington Department of Poo logy City or Yakima Piper Oil 24th Ave & V Nob Hill Site Project Agreement No. ' PRA-2015s VakiC M -00058 Amendment No, 2 FEASIBILITY STUDY AND REMEDY SELECTION J004 ENGINEERING DESIGN - J005 CLEANUP CONSTRUCTION - J006 OPERATIONS & MAINTENANCE OR MONITORING J007 GRANT AND PROJECT ADMINISTRATION J008 100,000.00 75,000.00 617,222,00 54,718,43 100,000.00 Total: $ 1,667,222.22 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: S54,718.43 Task Title: OPERATIONS & MAINTENANCE OR MONITORING J007 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary for constructing the long-term compliance monitoring system and conducting the first year of post-eonstmetion compliance monitoring. This includes the installation of groundwater monitoring wells and associated sampling systems, collecting, analyzing, and reporting the first year of groundwater compliance monitoring, reporting, and coordination with ECOLOGY. TASK REMOVED: This task was mistakenly charged to during past payment requests. It is no longer expected for this task to be included as part of the scope of work under this agreement. Task Goal Statement: NA Task Expected Outcome: NA Recipient Task Coordinator: Joan Davenport Deliverables Number 1.1 Version 101302015 Description NA Due Date Page 6 of 13 State or Washington Department or Ecology City of Yakima 24th Ave & W Nob Hill Site Project No. TCPRA-2015-YakiCM-OOO5 :ndment No, 2 CHANGES TO SCOPE OF WORK Task Number: H Task Title: GRANT AND PROJECT ADMINISTRATION JOO8 Task Cost: $ 100,000.00 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 costs may also include those incurred performing activities to: • Ensure compliance with the terms of the Consent Decree, 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 activities related to multiple tasks or the grant as a whole. • Purchase services,. supplies, tools, and equipment needed to accoinplish 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 Financial Manager). • Perform Environmental impact analysis. • Perform Cost -benefit analyses. • Conduct research or studies relevant to multiple tasks or sites. • Manage scientific Data. • RECIPIENT may bill up to 25° of salaries and benefits for their indirect costs associated with managing the grant and grant activities. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the term of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The updated spending plans must be included with each payment request/progress report as an excel file or other standard spreadsheet format on forms provided by ECOLOGY. Travel & Per Diem: ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred, Any costs incurred over the state rate will be the sole responsibility of the contractor or recipient unless an exception is provided in writing by the 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, or maintaining vehicles are considered part of overhead and may not be direct Version 10/30:2015 Page 7 of 13 State ofWashington Department of Ecology City ol" Ya.k'ima �1`iger Oil 24th Ave & W Nob Hill Site Project Agreement No. "ICPRA-2{115-YakiCM-110058 Amendment No, 2 billed to this grant. 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. Recipient Task Coordinator: Susie Cutter Deliverables Number Description Due Date Timely grant payment requests/progress reports (PR/PR) with proper documentation. Updated spending plan with each PR/PR. CHANGES TO SCOPE OF WORK Task Number: 3 Task Title: REMEDIAL .INVESTIGATIONS J003 Task Cost. $720,28.1.79 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perfomr. Remedial Investigations at the Site consistent with the scope of work in the Agreed Order for the Site. This also includes sampling and analysis costs, identification and testing of sources of contamination, surveying/mapping, data management, reports, and project management. Task Goal Statement: To compile Site information, and conduct field investigations that adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site. Task Expected Outcome: The results of the RI are documented in a report that can be used to aid the development and evaluation of cleanup alternatives for the Site. Recipient Task Coordinator: Susie Cutter Deliverables Version 10/30i2U115 Page 8 of 13 I of Pager Oil 2 Fth Aire & Nob Hill sit; Agreement No "rCPKA-21)15-Yaki M (lt)tr5 Amendment No. 2 Description RI Report Due Date CHAANGES TO SCOPE OF WORK Task Number: 4 Task Cost: $1 t00,000.01 Task Title:: FEASIBILITY STUDY AND ] IEDY SELECTION - J004 Task Description: This task funds the RECIPIENT'S eligible costs ECOLOGY deems reasonable and necessary to plan and perform the Feasibility Study consistent with the scope of work in the cleanup agreement for. the Site, including remedy selection and development of the cleanup action plan, Eligible costs may also include pilot tests,;treatability studies, stormwater source control engineering studies, green remediation alternatives analysis, Environmental Impact Statements, data management, and public involvement. Task Goal Statement: To complete an engineering study to develop and evaluate cleanup action, cleanup action for the Site. a enabi ECOLOGY to sele Task Expected Outcome: The results of the Feasibility Study process arc documented in aFeasibility Study report and adequate info ion has been provided so a cleanup action can be selected for the Site: Recipient Task Ct)ordinator: Sus Delivearabies Number 4.1 2uttet Deseription Feasibility Study Draft etc up action plan (DC'AP) CHANGES TO SCOPE OF WORK Task Number: Task Title: ENGINEERING DESIGN - J005 Task Cost: $75,000.00 Task "Descrit)tion: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to complete the engineering design work at the Site consistent with the cleanup agreement for the Site, Ver'oun '30,2015 201 ate State of Washington Department of Ecology City of Yakima Tiger Oil 240t Ave & W Nob Hill Site Project Agreement No. If PR Y akiCM-00058 Amendment No. 2 This also includes any required permitting activities, preparation of construction plans and specifications, or reports: including the Engineering Design Report (EDR), supplemental testing, surveying, mapping, green rernediation alternatives design, Operations and Maintenance Plan (O&M), design of stomiwrater reduction and treatment facilities, and permit applications. The EDR may include specialized studies and engineering calculations to support final design. Task Goal Statement: To prepare the detailed working documents needed to implement the cleanup action for the Site. This includes preparation of an engineering design report that includes sufficient information for the development and review of construction plans and specifications needed for cleanup construction. Task Expected Outcome: An engineering design report that documents engineering concepts and design criteria needed for the design of the cleanup action, including constructions plans and specifications. Recipient Task Coordinator: Susie Cutter DeliVerables Number Description 5, I The Engineering Design Report (EDR) CHANCES TO SCOPE OF WORK Task Number: 6 Task Title: CLEANUP CONSTRUCTION - J006 Task Cost: $617,222,00 Due Date Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to complete the cleanup construction activities consistent with the cleanup agreement for the Site. Eligible costs may also include permit applications, construction work (construction of the rernedy), and construction of stommater source reduction and treatment facilities, dredging, excavation, disposal costs, construction oversight and documentation, surveying, mapping, health and safety monitoring, construction quality control/assurance, soil, groundwater, and vapor sampling and analysis during cleanup construction, and operation of the remedy for up to one year after active construction is completed. Task Goal Statement: To complete the cleanup actions in accordance with the cleanup action plan, the engineering design specifications, construction plans, and standard safety and engineering practices. Task Expected Outcome: The completed cleanup will be protective of human heal h and the environment. Version 10/30/2015 Page 10 of I 3 hingtaan D4 kia' 4tir Ave& V Nob Hill Site Pt« J e Agreement No. "lcPRA-2O1S-Yak.i(M-t)t)OS s Ameni iit No. 2 ilogy Recipient Task Coordinator; Susie Cutter felivera Number 6: Deser ptiott Constructiotz Completion Report Due Date shingum Ecology sty it 24th Ave &c la I Cill bite i'e'a� e i grctmcot No.'ICERA-3t1I 'nkiC.Ni-000 Amendment No. 2 Funding Distributnn Summary Recipient / Ecology Share Funding Distribution Name Tiger Oil . 0verst Total Version 1030,20(5 10 % l 66,722.22 166,722.22 Ecology Share Total 1,667,222.22 1,500,500.00 1,667,222.22 State of Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No, TCFRA-2015-YakiCM-00058 Amendment No, 2 AUTHORIZING SIGNATURES 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 07/01/2015. 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 By: Jim Pendowski Toxins Cleanup Program Manager Yemplate Approved to Form by Attorney Generai's OfFicc Version 10130,2015 te City of Yakima By: Cliff Moore City Manager CITY CONTRACT NO: 020/ RESOLUTION NO: Page 13 of 13 12-11/. Date 5-- _ O 6 4) DEPARTMENT OF ECOLOGY ullieWal State of Wast-irgtor. AMENDMENT NO. 3 TO AGREEMENT NO. TCPRA-2015-YakiCM-00058 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 24th Ave & W Nob Hill Site (PROJECT). This amendment will extend the grant expiration date, update the grant language for several tasks, the short description, long description, goal and redistribute the budget as follows: INCREASE Cleanup Construction (J006) Task by 652,091.42 from $617, 222.00 to $1,269,313.42. NO CHANGE Engineering Design (J005) remains at $75,000 DECREASE Feasibility Study and Remedy Selection (J004) by $100 000 from $100,000 to SO. This task is not appropriate where the Site is at in their cleanup process. NO CHANGE Grant and Project Administration remains at $100,000. REDUCE Operations & Maintenance or Monitoring by $52,718.43 from $54,718.43 to $2,000. REDUCE Remedial Investigations by $499,372.99 from $720,281.79 to $220,908.80. Update the grant language for Cleanup Construction (J006) and Operations & Maintenance or Monitoring (J007). Update the short description, long description and overall goal. Extend the grant expiration date from 06/30/2021 to 06/30/2023. The overall amount of the grant does not change. All other terms and conditions remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows, Expiration Date• Original: 06/30/2021 Amended: 06/30/2023 Project Short Description: Onginal. The RECIPIENT will implement the conditions of the Amended Consent Decree for the former Tiger Oil Convenience Store and Gas Sales facility at 2312 West Nob Hill Boulevard (CSID 4919) to investigate and clean up the on -site contamination. The City acquired the site in 2014 with the expressed purpose of cleaning up the site to promote redevelopment of the vacant, dilapidated, and contaminated commercial property Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob ftdl Site Project Agreement No TCPEKA-20I5-YakiCM-00058 Page 2 of 12 Amended. The Tiger Oil 24th and Nob Hill Site (FSiD 469) is located at 2312 W Nob Hill Boulevard in Yakima. The property was a fuel station but has not been operational since the 1990s. Grant eligible work is being conducted under Amended Consent Decree No. 02-2-00956-2, which includes ongoing groundwater monitoring and several remedial options (engineered remedial systems to monitored natural attenuation) to cleanup the Site and encourage redevelopment of the area. Project Long Description. Amended. The Tiger Oil 24th and Nob Hill Site (CSID 4919) located at 2312 W Nob Hill Boulevard in Yakima was formerly operated as an auto repair and gas station facility The Site has a long history of gasoline releases to Site soil and groundwater, but has not been operational for many decades. There are no buildings on the parcel, but there are buildings on the Site. The RECIPIENT assumed ownership of the site to address contamination and retum the property to beneficial use, and subsequently entered into amended Consent Decree, No. 02-2-00956-2 with ECOLOGY At the time of the fuel release from the underground pipes, the subject property was owned by Tiger Oil Company. In 1987 Tiger Oil Corporation (New Tiger) became the owner En May to June 1988, Mercy Development Company LLC FN9 (Mercy) acquired parcels surrounding Tiger Parcel and developed a Safeway shopping center and parking lot on the southern parcels. In September 1988, Old Tiger dissolved. With the primary motivation of Site remediation and economic development, the City of Yakima purchased the site (as well as three other Tiger Oil properties in the City of Yakima with a similar history) on February 21, 2014 from "Tiger Oil Corporation- Idaho". The current owner purchased this parcel from the City of Yakima in 2019 and has plans to build a coffee shop on the parcel The parcel # 18132642051 that was the source of the gasoline release is located at 2312 W Nob Hill Boulevard and currently owned by Heyden Properties, LLC Site soils and groundwater have been contaminated with gasoline and BTEX. In 2020, halogenated volatile organic compounds (HVOCs) were discovered in the Site groundwater The Site has been the subject of a variety of remediation events since the 1990s. In 2015, an Interim Action consisting of removal of large amounts of impacted soils, application of in -situ chemical oxidants. and installation of an infiltration gallery was conducted. Ongoing groundwater monitoring has been taking place since 2016, and has revealed that the groundwater gasoline plume throughout the Site is stable and/or shrinking. Gasoline contaminated soils remain on Site where excavation was not possible. HVOCs have appeared in every groundwater well sampled on the Site; the extent of this plume is still unknown, as is the source of the E[VOCs. Indoor air investigations have been conducted at all buildings on the Site. Mitigation of indoor air contamination have taken place to the extent possible. Efforts have been made to remove free product gasoline via pumping from the wells, although recent studies reveal that is likely that most of the free product remaining is unrecoverable and entrained in the soil substrate. There is currently an environmental covenant preventing the use of any groundwater at the Site. Ongoing investigation will Template Version i0/40/20 5 State of Washington Department of Ecology City of Yakima Eiger Oil 24th Ave & W Nob Hill Site Project Agreement No TCPRA-2015-Yak1CM-00058 delineate the extent of the HVOC soil and groundwater contamination Page 3 of 12 Future remedial actions include investigation of the source of HVOCs, additional indoor air monitoring of gasoline and HVOC vapors, continued groundwater monitoring and both engineered and natural remedial systems that will decrease the concentrations of gasoline, benzene and HVOCs to below cleanup levels. Overall Goal: The 2015 lntenm Action was successful in removing the source soils to the extent practicable, and ongoing groundwater monitoring has shown that the gasoline and benzene plumes are stable and/or shrinking. Grant funding is to be used to discover the source of the HVOCs in Site groundwater and continue the cleanup of contamination, and potential use of in -situ chemical oxidation or reduction chemicals to decrease concentrations of contaminants of concern at the Site. The project goal is to complete cleanup requirements as specified in the Consent Decree for the former Tiger Oil Site The project's completion also reduces a source of soil and groundwater contamination to protect human health and the environment. CHANGES TO THE BUDGET Funding Distribution EG160641 Funding Title: Tiger Oil - Oversight Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2023 Funding Source: Title. Model Toxics Control Capital Account (MTCCA) Type: State Funding Source %: 14 7% 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. Title: State Building Construction Account (SBCA) Template Vernon I0/30/2015 State of Washington Department of Ecology City of Yakima t'igei Oil 24th Ave & W Nob Hill Site Protect Agreement No TCPRA-2015-Yak[CM-00058 Type. Funding Source % Description. Approved Indirect Costs Rate Recipient Match %. InKtnd Interlocal Allowed• InKtnd Other Allowed. Page 4of122 State 85.3% 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, site hazard assessments, 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 44% of the tax revenue into the Local Toxics Control Account (LTCA) and in some cases capital bond funds are provided to increase grant funding options. Approved State Indirect: 25% 10% No No Is this Funding Distribution used to match a federal grant' No Tiger Oil - Oversight Task Total OPERATIONS & MAINTENANCE OR MONITORING J007 $ 2,000 00 GRANT AND PROJECT ADMINISTRATION J008 $ 100,000 00 REMEDIAL INVESTIGATIONS - J003 $ 220,908.80 FEASIBILITY STUDY AND REMEDY SELECTION - J004 5 0 00 ENGINEERING DESIGN - J005 $ 75,000 00 CLEANUP CONSTRUCTION - J006 $ 1,269,313.42 CHANGES TO SCOPE OF WORK Task Number: 1'ask "rifle. Total: S 1,667,222.22 Task Cost: $2,000 00 OPERATIONS & MAINTENANCE OR MONITORING J007 Template Version 10/30/2t11 S State of Washington Department of Ecology City of Yakima Tiger Oil 24thAve 3c W Nob Hill Site Project Agreement No. TCPRA-201 5-YakiCM-00058 Page 5 of 12 Task Description. This task funds RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary for operating, maintaining, and monitoring each cleanup action component required under the cleanup agreement for the Site, [Amended Consent Decree No 02-2-00956-2], for up to one year after the date ECOLOGY determines physical construction of the component is complete Eligible costs may include: •Shakedown activities necessary to determine whether a constructed cleanup action component is operational and functional. Such determinations are usually necessary for a containment or restoration remedy, including monitored natural attenuation or recovery •Operation and maintenance activities necessary to maintain the effectiveness of a constructed cleanup action component, including a containment or restoration remedy For example, for monitored natural attenuation or recovery, eligible costs during the first year after installing an initial monitoring network may include monitoring, evaluating the sufficiency of the network, replacing wells or defective monitoring equipment, and installing additional wells to enhance the network. After the first year, such costs are not eligible. •Implementation and maintenance of institutional controls required in an environmental covenant or alternative mechanism, such as education and outreach. •Protection monitoring to confirm that human health and the environment are adequately protected during operation and maintenance of a cleanup action component as specified in the health and safety plan. This includes any sampling and analysis or other testing. -Performance monitoring necessary to determine whether a cleanup action has attained or is attaining cleanup standards and, if appropriate, remediation levels or other performance standards. This includes any sampling and analysis or other testing. •Confirmational monitoring necessary to confirm the long-term effectiveness of a cleanup action once cleanup standards and, if appropriate, remediation levels or other performance standards have been attained. This includes any sampling and analysis or other testing. "Post -construction project management and coordination with ECOLOGY. Task Goal Statement: To confirm the long-term effectiveness of the interim actions or cleanup actions at the Site. Task Expected Outcome: Any residual hazardous substance concentrations no longer exceed Site cleanup levels established under the MICA and any required institutional controls are in place and are protective Recipient Task Coordinator: Bi11 Preston Delivera bies Number Description Due Date Report on monitoring results. CHANCES TO SCOPE OF WORK Task Number. 2 Template Version 10/30/2015 Task Cost: S100,000.00 State of Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No TCPRA-201 5-YakiCM-00058 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. Page 6 of 12 Eligible administrative costs may also include those incurred performing activities to* • Ensure compliance with the terms of the Consent Decree, 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 tiles. • Prepare and submit payment requests, and progress reports, spending plans, or other reports. • Conduct, coordinate, and schedule activities related to multiple tasks or the grant as a whole. • 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 Financial Manager). • Perform Environmental impact analysis. • Perform Cost -benefit analyses. • Conduct research or studies relevant to multiple tasks or sites. • Manage scientific Data. • RECIPIENT may bill up to 25° o of salaries and benefits for their indirect costs associated with managing the grant and grant activities. Spending Plans: The RECIPIENT shall submit a spending plan to ECOLOGY The spending plan identifies the amount by quarter m which the RECIPIENT plans to bill ECOLOGY for accumulated costs through the tenrt of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant/loan reimbursement requests. The updated spending plans must be included wtth each payment request/progress report as an excel file or other standard spreadsheet format on forms provided by ECOLOGY Travel & Per Diem ECOLOGY will reimburse travel costs at the state per diem rate in effect when the costs were incurred. Any costs incurred over the state rate will be the sole responsibility of the contractor or recipient unless an exception is provided in writing by the 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, or maintaining vehicles are considered part of overhead and may not be direct billed to this grant. Task Goal Statement: Template Version 10/30/2015 State of Washington Department. of Ecology City of Yakma Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No 1'CPRA-2015-YakiCM-00058 Page7of12 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. Recipient Task Coordinator: Bill Preston Deliverables Number Description Due Date 2.1 Timely grant payment requests/progress reports (PR/PR) with proper 2.2 Updated spending plan with each PR/PR. CHANGES TO SCOPE OF WORK Task Number 3 Task Title: REMEDIAL INVESTIGATIONS - J003 Task Cost: $220,908.80 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform Remedial Investigations at the Site consistent with the scope of work in the Agreed Order for the Site This also includes sampling and analysis costs, identification and testing of sources of contamination, surveying/mapping, data management, reports, and project management. Task Goal Statement: 'fo compile Site information, and conduct field investigations that adequately characterize the nature and extent of contamination at the Site to enable the development and evaluation of alternatives for the cleanup of the Site. Task Expected Outcome. The results of the RI are documented in a report that can be used to aid the development and evaluation of cleanup alternatives for the Site. Recipient Task Coordinator: Bill Preston Deliverables Number Description Due Date Cemlate Version 10/30/2015 State of -Washington Department of Ecology City or Yakima Tiger oil 24th Ave 8 W Nob Hill Site Project Agreement No TCPRA-20 I 5-YakiCM-00058 Page 8of12 31 RI Report CHANGES TO SCOPE OF WORK Task Number. 4 Task Cost: $0.00 Task Title. FEASIBILITY STUDY AND REMEDY SELECTION - J004 Task Description: THTS TASK IS BEING REMOVED This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to plan and perform the Feasibility Study consistent with the scope of work in the cleanup agreement for the Site, including remedy selection and development of the cleanup action plan. Eligible costs may also include pilot tests, treatability studies, stormwater source control engineering studies, green remediation alternatives analysis, Environmental Impact Statements, data management, and public involvement. Task Goal Statement: To complete an engineering study to develop and evaluate cleanup action alternatives to enable ECOLOGY to select a cleanup action for the Site Task Expected Outcome. The results of the Feasibility Study process are documented in a Feasibility Study report and adequate information has been provided so a cleanup action can be selected for the Site. Recipient Task Coordinator: Bill Preston Deliverables Number Description Due Date 1 4 1 Feasibility Study ' 42 Draft cleanup action plan (DCAP) CHANGES TO SCOPE OF WORK Task Number. 5 Task Cost: $75,000 00 Task Title ENGINEERING DESIGN - J005 Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to complete the engineering Template Version I0/30/2015 State of Wasnington Department of Ecology Ctty oIYaktma Tiger Oil 24th ANT & W Nob Hill Sue Project Agreement No TCPRA-2015- Yak iCM-00058 Page 9 of 12 design work at the Site consistent with the cleanup agreement for the Site. This also includes any required permitting activities, preparation of construction plans and specifications, or reports; including the Engineering Design Report (EDR), supplemental testing, surveying, mapping, green remediation alternatives design, Operations and Maintenance Plan (O&M), design of stormwater reduction and treatment facilities, and permit applications. The EDR may include specialized studies and engineering calculations to support final design. Task Goal Statement: To prepare the detailed working documents needed to implement the cleanup action for the Site This includes preparation of an engineering design report that includes sufficient information for the development and review of construction plans and specifications needed for cleanup construction. Task Expected Outcome: An engineering design report that documents engineering concepts and design criteria needed for the design of the cleanup action, including constructions plans and specifications. Recipient Task Coordinator Bill Preston Deliverables Number Description Due Date 51 The Engineering Design Report (EDR) CHANGES TO SCOPE OF WORK Task Number 6 Task Cost: $1,269,313.42 Task Title: CLEANUP CONSTRUCTION - J006 Task Description. This task funds RECIP[ENT's eligible costs ECOLOGY deems reasonable and necessary to complete the physical construction of each cleanup action component required under the cleanup agreement for the Site, [Amended Consent Decree No 02-2-00956-2 ], including any compliance monitoring during physical construction. Eligible costs may include - •Permit applications for constructing a cleanup action component. •Physical construction of a cleanup action component, such as removing and disposing of contaminated material or installing a treatment system, engineered control, or monitoring network. For example, for monitored natural attenuation or recovery, eligible costs may include installing an initial network ofmonitoring wells to evaluate the progress of attenuation or recovery •Physical construction of a stormwater source reduction and treatment facility required as part of the cleanup action, such as an absorption unit or stormwater pond. •Protection monitoring to confirm that human health and the environment are adequately protected during physical construction Template Version 1 0/30/2015 State of Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Site Prolect Agreement No VCPRA-2015-YakiCM-00058 Page Hi) of 12 of a cleanup action component as specified in the health and safety plan. This includes any sampling and analysis or other testing. •Performancc monitoring during physical construction to determine whether a cleanup action component has attained or is attaining cleanup standards and, if appropriate, remediation levels or other performance standards. This includes any sampling and analysis or other testing. •Establishment of an institutional control, including developing and filing an environmental covenant or alternative mechanism. •Construction oversight, documentation, surveying and mapping, and quality assurance and control. •Prolect management and coordination with ECOLOGY during construction Task Goal Statement: To complete the cleanup actions in accordance with the cleanup action plan, the engineering design specifications, construction plans, and standard safety and engineering practices Task Expected Outcome: The completed cleanup will be protective of human health and the environment and meet Model Toxics Control Act cleanup levels. Recipient Task Coordinator: Bill Preston Deliverables Number Description Due Date 6.1 Construction Completion Report 6.2 2.Other deliverables as consistent with Agreed Order or Consent Decree Site Schedule of Work and Deliverables Template Version 10/30/2015 State of Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No TCPRA-2015-YakiCM-00058 Funding Distribution Summary Recipient / Ecology Share Page 1 I of 12 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Tiger Oil -Oversight 10 % $ 166,722.22 $ 1,500,500.00 $ 1,667,222.22 Total $ 166,722.22 $ 1,500,500.00 $ 1,667,222.22 Template Version 10/30/2015 State o r Washington Department of Ecology City of Yakima Tiger Oil 24th Ave & W Nob Hill Sire Project Agreement No TC PRA-2015-YakiCM-00058 AUTHORIZING SIGNATURES Page 12 of 12 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 04/0l/202(1 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 By. 5/26/2(121 Brock Milliern Toxics Cleanup Program Manager Template Approved to Form by Attorney ieneral's Office Tempiatc Version 10/30/2015 Date City o f Yakima By. Scott Schafer Public Works Director `r i -: -- s %.11.ZA/ So' -' de- to are CONTRACT NNO!26)iS't35-42 "4113 RESOLUTION NO!1- %% 15 - 6 to q ToMira, Lowity Roads Prop; ass Ltim.tc I NAN. 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'' .4- SV r. —I u I, >I r , , 09400 0.0000 ,11.4' 1- I, , J S 01 11,, Ito 0110 01S11/ o 1 4 011 0 ,_10U ._.825,792 60 1 2896 9I. .2, ,, - LA' 1.22144 1 /8 Yt 1 ' I, /0 O.., 0410 .1101 . . 01 $000 0.0000 ,.I su 00 Su X 9 9 o '4 k'4 9'41 1 ' o 3, s15 ,,,,, 1 111.0(1 0/ 01 JP-1U11 01,1 / 0,104 ; $3,944 94. 0 0394 40 00 s 04 SY0 11,44 tr 0,Jt 1 NU. t 4, sti vt, 14)44 .N.0.1,,t1 I lt000 'S't't 'l'Ai $0,00 0.0000 Su 04 950dul 1 00. 1 uu ,-; ,., .., JUUt, 6 "4 ,U IA, ,f 0114403 ,UU 00 81)0 000 / ,s. $4.249 96 1.699 9400 _[ s,, ,... 41, 001 41 /44 , 49 0400 111, N.114/4 11. . .911111.1 : S. , 0 10-0,0/00/ 1- 111 111 t.I /1 le I • tS 0 I/84 $199 96 0 0160 , /111P, , , 182 1. 0 1 tAtt. 1,10 ,14Al, 1,0 0 14,11,1 1,, 0 01 Si, 0. $000 0.0000 l0 11)11 /U., Sr S .2 , , 384c. 48 1s I 411800 st/1 1 1, OD /U , tltt tt lOttl, t $0 00 0 0000 .10,00 U/11 1,/1. / 21,0J 1, U 0001/ :__ _OS/,000.00 02000 i .1. 01 U'u' 90u, ,J 444,0 ,, $0.00 00000 , 091 9t l4,t ,,JCIL, , U k104,0 1 r ;sr ,ro 0411o, 1, $2,166.32 0 0867 +91 .. u/, ,J„ I 00161 32 , USN / su Ut s2 ,,,,, 1 , 1 I 1 /t ' 1/ 0 I20)10 I $10,808.09 1.0000 SO 00, $0 001 51/1111/6 OS 1,1001/ 1 1,100 9t,4 it 00044 ,,x ',IL, 5108,4,19 [ 1 s It ti, t41,1 I s 'I . tU3 80 10, u 01. C101101, $215.703.80 1 0000 [ 64 0 SOO. N211,34 ,Ot, 101 1 SU +4440 ,,-, 5,-600 I ' Al, 41 I 1 :0 1; 41, ,...4. -...fi.94.4.41)54;04.'" . . 1 10t, 100 WY. j 01-1,_ LI 1.011 011 01,01 SU 01.11 SU .1 .1 i.Ou >10 ,1.100t.pu' 57 SOU. I S",,F ,110 S.,15 lAtt t >114 8. I lor otrorl rr; 0 1. 54t: VW U 211 t 7 9.9Y018' .1.99e $2, 2.6 004 /SA_ +10/ P1801, SU- SU is DJ..0+90 J/Ls .4 , $0,00 $0.700 06,089,540.59 4935' 87,338.83334 .; '$0.00 DocuSign Envelope ID: 5BB74450-EFB7-43F2-AD71-6DF6CDOFC7DD DEPARTMENT OF State of Washington AMENDMENT NO. 4 TO AGREEMENT NO. TCP -2015-YakiCM-00058 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF YAKIMA PURPOSE: To amend the above -referenced agretiment (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and CITY OF YAKIMA (RECIPIENT) for the Tiger Oil 24th Ave & W Nob Hill Site (PROJECT). The purpose of this amendment is to extend the expiration date of the agreement from June 30, 2023 to June 30, 2025. The overall amount of the grant does not change, The scope of work and all other terms and conditions 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 EG160641 Funding Title: Tiger Oil - Oversight Funding Type: Grant Funding Effective Date: 07/01/2015 Funding Expiration Date: 06/30/2025 Funding Source: Title: Model Toxics Control Capital Account (MTCCA) Fund: FD Type: State Funding Source %: 14:7% Description: Remedial actitnt,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 wascreated by the Model Toxics Control Act (MTCA), Chapter 70.105D Tornpluie Version 10/30/2015 DocuSign Envelope ID: 5BB74450-EFB7-43F2-AD71-6DF6CDOFC7DD Slate or Washington Department or ricoingy CITY OF YAKIMA Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No T CPRA-20I5-YakiCM-00058 Title: Page 2 of 5 RCW. MTCA directed Ecology to adopt rules for grant and loan issuance and performance, Those rules are in Chapter I 73-322A 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. State Building 'Construction Account (SBCA) ,.t Fund: FD Type: State Funding Source %: 85.3% 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, site hazard assessments, 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 1 73-322A WAC, Remedial Action Grants and Loans. Funds for remedial action grants and loans come from a tax on hazardous substances. MTCA directs 44% of the tax revenue into the Local Toxics Control Account (L'1TA) and in some cases capital bond funds are provided to increase grant funding optiods.`'. Approved Indirect Costs Rate: Recipient Match %: lnKind Interlocal Allowed: lnKind Other Allowed: lllaltroved'State Indirect: 25% 10 I No No Is this Funding Distribution used to match a federaigrant? No Tiger Oil - Oversight OPERATIONS & MAINTENANCE OR MONITORING J007 GRANT AND PROJECT ADMINISTRATION;JQ08 REMEDIAL INVESTIGATIONS - J003 FEASIBILITY STUDY AND REMEDY SELECTION - J004 ENGINEERING DESIGN - J005 CLF„A.NU.P CONSTRUCTION - 3006 Template Version 10/30/2015 Task Total $ 100,000,00 $ 220,908.80 0.00 $ 75,000.00 1,269,313.42 Total: $ 1,667,222.22 DocuSign Envelope ID: 5BB74450-EFB7-43F2-AD71-6DF6CDOFC7DD Sole of Washington Deportment Ecology CITY OF YAKIMA Tiger oil 24th Ave & \\ Nob Hill Site Project Agreement Ni iirCPRA-2015-YitrkiCM-00058 iliernreare Version I 0,30/20 I 5 DocuSign Envelope ID: 5BB74450-EFB7-43F2-AD71-6DF6CDOFC7DD Slate of Washington Department of Ecology CITY OF YAKIMA Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No. TCPRA-2015-YakiCM-00058 Funding nisi' tilmtion Summ at) Recipient / Ecology Share Page 4 of 5 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Tiger Oil - Oversight % $ 166,722.22 $ 1,500,500.00 $ 1,667,222.22 Total Template Version 10/30/2015 166,722.22 $ 1,500,500.00 $ 1,667,222.22 DocuSign Envelope ID: 5BB74450-EFB7-43F2-AD71-6DF6CDOFC7DD State of Washington Department of Ecology CITY OF YAKIMA Tiger Oil 24th Ave & W Nob Hill Site Project Agreement No, TCPRA-2015-YakiCM-00058 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 iDoc uSigned by: 73 Kaopolvde4: OACT69/EGEED424 By: 5/22/2023 Barry Rogowski Toxics Cleanup Program Manager Template Approved to Form by Attorney General's Office Template Version 1000/2015 Date CITY OF YAKIMA By: Httrri5c)r) tto) trn 4Aitifj- CITY CONTRACT NO: RESOLUTION NO' B-4015 (P7 Date