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HomeMy WebLinkAbout001270 Amendment 2001970 DEPARTMENT OF ECOLOGY State of Washington JUN 13 2019 CITY OF PURT ANGELES CITY CLERK AMENDMENT NO.2 TO AGREEMENT NO. TCPRA-2014-PoACED-00022 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT PURPOSE: To amend the above -referenced agreement (AGREEMENT) between the state of Washington Department of Ecology (ECOLOGY) and CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT (RECIPIENT) for the Western Port Angeles Harbor RI/FS (PROJECT). The purpose of this amendment is to change the expiration date of the AGREEMENT from June 30, 2019 to June 30, 2021. The scope of the AGREEMENT and all other terns remain the same. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2019 Amended: 06/30/2021 Project Short Description: Original: The City, in cooperation with other potentially liable parties proposes to conduct a remedial investigation and feasibility study for Western Port Angeles Harbor. The RI/FS will focus on the sediments located below mean higher high water (except in areas where this tidal level is covered by riprap or bulkheads where it will focus on sediments below the toe of the riprap slope or bulkhead), located west of the Rayonier Study Area and south of the Ediz Hook spit. Amended: The RECIPIENT, in cooperation with other potentially liable parties proposes to conduct a remedial investigation and feasibility study for Western Port Angeles Harbor. The RI/FS will focus on the sediments located below mean higher high water (except in areas where this tidal level is covered by riprap or bulkheads where it will focus on sediments below the toe of the riprap slope or bulkhead), located west of the Rayonier Study Area and south of the Ediz Hook Spit. Project Long Description: Amended: HISTORY/BACKGROUND Port Angeles Harbor (Harbor) lies in the shelter of Ediz Hook Spit, located on the Washington shoreline of the Strait of Juan de Version 10/30/2015 State of Washington Department of Ecology CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No. TCPRA-2014-PoACED-00022 Page 2 of 8 Fuca. As summarized in Cultural Resources Guidance for United States Coast Guard Group Port Angeles, Ediz Hook Spit developed in part as a delta of the Elwha River, along with shoreline erosion of glacially derived sediments. The Harbor area enclosed by the spit is a sediment depositional area, with net sedimentation rates ranging between approximately 0.14 and 2.5 centimeters (cm) per year (NewFields, 2012). Erosion of soils from shoreline bluffs was a significant sediment input to the Harbor prior to settlement and nearshore filling (Herrera, 2011). In parts of the Harbor, woodwaste inputs during the early to mid -1900s also appear to have been significant sediment sources. The Harbor's industrial development began with sawmills and fish packing operations in the late 1800s. Typical operations included saw mills, fish packing, bulk fuel facilities, pulp and paper mills, and other wood processing -related operations. Other uses included the U.S. Coast Guard Station and marine shipping. In general, waterfront industrial operations peaked in the 1950s and 1960s. HISTORIC/CURRENT CLEANUP AGREEMENTS The Department of ECOLOGY issued an Agreed Order to Rayonier Properties LLC (Agreed Order No. DE 6815) in 2010. Site boundaries had not yet been defined for this order. The Department of ECOLOGY issued an Agreed Order to Port of Port Angeles, Georgia-Pacific LLC, Nippon Paper Industries USA Co., Ltd., City of Port Angeles, and Merril & Ring (Agreed Order No. DE9781) in 2013 for the Western Port Angeles Harbor Site. The Western Port Angeles Harbor cleanup effort is in progress. In 2012 Department of ECOLOGY identified and notified potentially liable parties. A majority of those parties are pursuing a proactive and collaborative approach to harbor clean up. Collectively they signed an Agreed Order with Department of ECOLOGY in 2013. The Agreed Order will result in a remedial investigation and feasibility study. SUMMARY OF PAST/PLANNED REMEDIAL ACTIVITIES Significant investigation of sediments has already occurred in the Port Angeles Harbor. In 2008 the Department of ECOLOGY undertook a Harbor Sediments investigation. This resulted in a final report that was released in December of 2012. In 2008 a substantial number of creosote pilings were removed as part of the Puget Sound Initiative. In 2013, the Western Port Angeles Harbor Group conducted supplemental data collection and prepared the Supplemental Data Collection Technical Memorandum (February 2014). EXPECTED OUTCOMES/LANDUSE The majority of the shoreline properties around Port Angeles Harbor are zoned Industrial Heavy. The harbor is one of the City's primary centers for economic development activity. Log rafting has occurred in many areas of the Harbor. The largest area with current and historical log rafting and wood chip/sawdust barging activity is located along the north side of inner Port Angeles Harbor, extending along the arm of Ediz Hook (Ecology, 2012a). Portions of this area have been leased by the Washington State Department of Natural Resources (DNR) at one time or another to Rayonier, Nippon Paper Industries USA and predecessors, the Port, and Foss Maritime. Log dump areas include a public log dump yard on the southern shoreline, and a Rayonier log dump facility on the spit. Current major industrial operations include wood -related loading operations, boatyard -related operations. Overall Goal: The City, in cooperation with other potentially liable parties is conducting a remedial investigation and feasibility study. The RI/FS will focus on the sediments located below the intertidal toe of the slope, located west of the Rayonier Study Area and south of the Ediz Hook spit. The overall goal will be a comprehensive approach to the cleanup of the Western Port Angeles Version 10/30/2015 State of Washington Department of Ecology CITY OF PORTANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No, TCPRA-2014-PoACED-00022 Harbor CHANGES TO THE BUDGET Funding Distribution EG150177 Funding Title: PoACED-2014 - Oversight RA Funding Type: Grant Funding Effective Date: 03/01/2012 Funding Expiration Date: 06/30/2021 Funding Source: Title: LTCA— Local Toxics Control Account Type: State Funding Source %: 100% Description: Approved Indirect Costs Rate: Approved State Indirect: 25% Recipient Match %: 10% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No PoACED-2014 - Oversight RA Task Total Feasibility Study (J004) $ 266,666.70 Grant and Project Administration (J008) $ 53,333.30 Assessments and Remedial Investigation (J003) $ 124,444.00 Total: $ 444,444.00 CHANGES TO SCOPE OF WORK Task Number: 1 Task Cost: $124,444.00 Task Title: Assessments and Remedial Investigation (J003) Page 3 of 8 Task Description: The RECIPIENT in cooperation with other potentially liable parties proposes to conduct a remedial investigation. The RI will focus on the sediments located below the mean higher high water (except in areas where this tidal level is covered by riprap or bulkheads where the RI will focus on sediments below the toe of the riprap slope or bulkhead), located west of the Rayonier Version 10/30/2015 State of Washington Department of Ecology CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No. TCPRA-2014-PoACED-00022 Page 4 of 8 Study Area and south of the Ediz Hook spit. These sediments have been impacted by a variety of historical operations. Typical costs under this task include planning and implementing site investigations, site assessments, and remedial investigations. The tasks would include, but not be limited to: site characterization studies, cultural resources, source control investigations, sampling and analysis, surveying, mapping, data management, EIM data entry, public involvement, and project management costs necessary to conduct the investigations. Task Goal Statement: In cooperation with other potentially liable parties the RECIPIENT will conduct a remedial investigation. The overall goal will be a comprehensive approach to the cleanup of the Western Port Angeles Harbor. Task Expected Outcome: Assessments and remedial investigations will support the development of a comprehensive approach to the cleanup of the Western Port Angeles Harbor. Recipient Task Coordinator: Nathan West Deliverables Number Description Due Date 1.1 A Remedial Investigation Report. CHANGES TO SCOPE OF WORK Task Number: 2 Task Cost: $266,666.70 Task Title: Feasibility Study (J004) Task Description: The RECIPIENT in cooperation with other potentially liable parties proposes to conduct a feasibility study. The FS will focus on the sediments located below mean higher high water (except in areas where this tidal level is covered by riprap or bulkhead where the focus will be on sediments below the toe of the riprap slope or bulkhead), located west of the Rayonier Study Area and south of the Ediz Hook spit. Typical costs under this task include planning and implementing the FS and selection of a remedy. The tasks would include, but not be limited to: feasibility studies, pilot tests, treatibility studies, supplemental testing, source control engineering studies to develop solutions, green remediation alternatives analysis, development of the cleanup action plan, EIS data management, public involvement, and project management costs necessary to complete the FS. Task Goal Statement: In cooperation with other potentially liable parties, the RECIPIENT will conduct a feasibility study. The overall goal will be a comprehensive approach to the cleanup of the Western Port Angeles Harbor. Task Expected Outcome: A feasibility study report focusing on sediments located below mean higher high water (except in areas where the tidal level is covered by riprap or bulkheads where the focus will be on sediments below the toe of the riprap slope or bulkhead), and Version 10/30/2015 State of Washington Department of Ecology CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RUNS Project Agreement No, TCPRA-2014-PoACED-00022 Page 5 of 8 located west of the Rayonier Study Area and south of the Ediz Hook spit. The feasibility will support the development of a comprehensive approach to the cleanup of the Western Port Angeles Harbor. Recipient Task Coordinator: Nathan West Deliverables Number Description Due Date 2.1 Feasibility Study Report. CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: $53,333.30 Task Title: Grant and Project Administration (J008) Task Description: This task funds the RECIPIENT's eligible costs ECOLOGY deems reasonable and necessary to administer the grant and manage project activities. Eligible administrative 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 tern of the agreement. The spending plan must be updated at least quarterly to reflect actual expenditures and projections for the remainder of grant reimbursement requests. Version 10/30/2015 State of Washington Department of Ecology CITY OF PORTANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No. TCPRA-2014-PoACED-00022 Page 6 of 8 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 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: 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: Nathan West Deliverables Number Description Due Date 3.1 Timely grant payment requests/progress reports (PR/PR) with proper documentation. 3.2 Updated spending plan with each PR/PR. Version 10/30/2015 State of Washington Department of Ecology CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No. TCPRA-2014-PoACED-00022 Funding Distribution Summary Recipient / Ecology Share Page 7 of 8 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total PoACED-2014 - Oversight RA 10 % $ 44,444.40 $ 399,999.60 $ 444,444.00 Total $ 44,444.40 $ 399,999.60 $ 444,444.00 Version 10/30/2015 State of Washington Department of Ecology CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT Western Port Angeles Harbor RI/FS Project Agreement No TCPRA-2014-PoACED-00022 AUTHORIZING SIGNATURES Page 8 of 8 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 04/01/2019. 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 CITY OF PORT ANGELES COMMUNITY AND ECONOMIC DEVELOPMENT By. .0000000 By: Jim Pendowslci ate Nathan A. West Date Toxics Cleanup Program Manager Template Approved to Form by Attorney General's Office Version 10/30/2015 City Manager -231 Grant Administrator Date. W,Aar, A.1n eA