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HomeMy WebLinkAbout001270 Amendment 1 001270 D E PA F" T M Viµ. N T 0 F mwru 4 int. ECOLOGY t ''N- & ur l t dC\Jr 3Ei ES AMENDMENT NO. 1. 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 CITE'OF PORT ANGELES COMMUNITY AND ECONOMIC DE'VELOPMEN'T (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,.2017 to June 30,2019. The scope of the agreement and all other terms remain the same.. IT IS MUTUALLY AGREED that the AGREEMENT is amended as follows: Expiration Date: Original: 06/30/2017 Amended: 06/3012019 Project Long Description- Amended- HISTORY/BACKGROUND escription:Amended:HISTORY/BACKGROI ND Port Angeles Harbor(Harbor)lies in the shelter of Ediz Hook,located on the Washington shoreline of the Strait of Juan de Fuca(Strait).As summarized in Cultural Resources Guidance for United States Coast Guard Group Port Angeles, Ediz Hook,Port Angeles,Clallam County,Washington(Larsen 2006),the 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-I900s 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 have 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&amp; Ring(Agreed Order No. DE9781)in 2013 for the Western Port Angeles Harbor Site. 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 Versm 10130/2015 Statcref%kashmgton Mpartment offcWogy Flag2(W6 CITY'OF KWI ANGF'1,ES COMMUNI 1Y AND,ECONOMIC DEVELOPMEN't Westem Port An des I laftr R i/F S ProJect AgrecinentNo 1'CPRA-21A4-PoACFD-0)022 oonendmentNo f 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 I look"(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(Nippon)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. CONSULTANT AGREEMENTS The City has retained Integral Consulting as its technical consultant for harbor cleanup issues. To fulfill that role, Integral first became familiar with the operational history and environmental studies in Port Angeles Harbor. Integral attended technical meetings with Ecology regarding the Site. The firm also reviewed and prepared comments on Ecology's draft Sediment Investigation Report and associated draft Supplemental Data Evaluation,draft Preliminary Cleanup Goals report and draft Sediment Dioxin Source Study report. It is anticipated that this firm will take on a substantial portion of the Remedial Investigation and Feasibility Study. 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 ofthe 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 Harbor CHANGES TO THE BUDGET Funding Distribution EG150177 Funding Title: PoACED-2014-Oversight RA Funding'Fype: Grant Funding Effective Date: 03/01/2012 Funding Expiration Date: 06/30/2019 Funding Source: Title: LTCA—Local Toxics Control Account Version W/30/2M5 State of Washtngton Department of Ecology Page 3 sat"6 CITY OF Powe ANGUES COMMUNITY AND FCONOMIC DEVEI.OPMENT Westem Port Angeles 1-k&x)r REFS Protect Agreement No 3`CPRA-2014-PoACED-00022 Amendnitnt No Type: State Funding Source 100% Description: Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT:25",16 Recipient Match 0,,o10% 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(1004) S 266,6,66.70 Grant and Project Administration(1008) S 53,333.30 Assessments and Remedial Investigation(1003) S 124,444.00 Total: S 444,444.00 CHANGES TO SCOPE OF WORK Task Number: 3 Task Cost: 553,333,30 Task Title: Grant and Project Administration(.1008) Task Desct�p!ion: This task funds Rl"'CIPIENT'S costs ECOLOGY deems reasonable and necessary to administer the grant and projects Linder each task. The RECIPIENT shall document on the progress report the staff time spent on each activity and at each site. The RECIPIENT shall submit copies of requested site records to ECOLOGY, including copies of photographs documenting site visits. Eligible administrative costs may also include those incurred performing activities to: •Administer the grant,develop,and maintain grant files. •Prepare and submit payment requests,and progress reports. •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, Spending Plans: Version M,130/2M5 State oCWashmgton Department,ofEcOog� Vage 4 of'6 CITY OU POR FANGELES COMMUNITY AND ECONOWC DE VEL ORMEN'T Wesw�rn Port Ang0c�llarNir RDFS Vro,wt Agreement No Anwndment No -The RECIPIENT shall submit a spending plan to F"COLOGY. The spending plan identifies the amount by quarter in which the RECIPIENT plans to bill ECOLOGY for aCCUnndated 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&amp; 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 ofthe 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. Phone Services- - Mobile phones/landlines and related phone services that are used to carry out SA grant related activities must be paid for Out of the overhead rate charged to the grant. Long distance calls on landlines associated with SA grant activities may be direct billed. Overhead/Indirect Costs: - RECIPIENT may bill tip to 251/6 of salaries and benefits(,S/I3)for their indirect costs associated with managing the grant and grant activities. 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. "Fask,E,x 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 11 Timely grant payment requests/progress reports(PR/PR)with proper documentation. 3.2 Updated spending plan Aith each PR/PR. Verswn R00/2M5 State ofWashmgLon Dupartrntnt of"Ecok)gPage i of6 CITY OF PORT ANGELES COMMUNI I'Y AND FC.NOOKDI""VELOMENT Western Port"Angeles Harbor RUFF Pr(rpect Agrement No TCPRA-2014-PoACED-00022 Amendment No I Funding Distribution Summani, Recipient/Ecology Share Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total PoACED-2014-Oversight RA to 111/0 S 44,444,40 S 399,999.60 S 444,444.00 Total S 44,444.40 S 399,999.60 S Vermon W/3WM5 State W"Washin6non Ukpartinent of EMogy Page 6 off CITYOF P'ORI A NGELESCOMMUNITY<4N1.4 ECONOMIC DEVELOPMEN'T Westem Port Angvlo 11artw RUFS Project Agreement No,I CPRA-2014-PoACED-(XX)22 Anmidnient No I AUTHORIZING SIGNATURES All other terms and conditions ofthe original Agreement,including any Amendments remain in full force and effect, except as expressly provided by this Amendment. T he 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 0,6/30/2017. 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 CITY OF PORTANGELES COMMUNITY AND Department of Ecology ECONOMIC DEVELOPMENT By: By: 6112 f fl Jim P,endowski *)at Nathan A. West Date Toxics Cleanup Director of Community and Economic Program Manager Development Dan McKeen co City Manager Date Nathan A. West,AICD Grant Administrator Date 1'ernplate Approved to Form by Attorney Generak Office Vemon 10/30/2015