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HomeMy WebLinkAbout09/19/2007 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA. 98337-1873 0 (360) 473-5280 *** AMENOEO*** SEPTEMBER 19, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT' AGENOA A. Claims & Check Register (#AB07-218) B. Minutes of Meeting - September 5,2007 (#AB07-219) C. Minutes of Meeting - September 12,2007 (#AS07-220) D. Justice-Assistance Grant for 2007 (#AB07-221) E. Professional Service Agreement with RH2 Engineers for 2008 Water Main Improvements (#AB07 -222) F. Renewal of Annual Funding Commitment to Admiral Theater Foundation (#AB07 -223) 6. GENERAL BUSINESS A. Ordinance No. 5023, amending Chapter 11.02 of the Bremerton Municipal Code relating to "Right-of-Way Use" (#AB07-224) B. Agreed Order with Washington Department of Ecology regarding former Chevron Property (#AB07 -225) 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 9. STUDY SESSION - The Council will reconvene in the 6th Floor Council Conference Room for a 30-Minute Study Session to discuss 'TRANSPORTATION BENEFIT DISTRICTS" fI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK yOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT f)ff"~,(! ~V~ k~ "r-cSCAfJ T7~ CC S-Ad~ I~, . !/-ssCJC(C{( I DATE SUBMITTED: BILL # () 7 - ~ / i AGENDA BILL CITY OF BREMERTON 5 A CITY COUNCIL ........................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: September 19,2007 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent Agenda item. Approval of payroll, checks and electronic fund transfe~. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to Approve 1) Check #'s 319556 through 319664 and EFT's 7364 through 7373 in the amount of $724,314.32. 2) Payroll for Payout dated August 31,2007 in the amount of$521.50. /' COUNCIL ACTION: Q(Approve D Deny D Table D Continue D No Action DATE SUBMITTED: 't / '~/o1 BILL # 07- ~ 1 q AGENDA BILL ' CITY OF BREMERTON CITY COUNCIL 56 .............................................................~.........................I Committee Meeting Date: N/ A COUNCIL MEETING Date: ~ ,<1 {~CJ7 Department: City Council Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held 5ep~ 5 J ~ D 7 SUBJECT: City Council Meeting Minutes for meeting of 5~wJc~ 5, ;J.oo7 ATTACHMENTS: Meeting Minutes for ~ 5', ~C>-, FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N2 4(ft~r/~ CONSENT AGENDA [d'" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 5,2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, September 5,2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Pastor Rick Beaudry of Calvary Chapel. President Maupin announced that a Pre-Council Session to discuss General Council Business was held prior to the meeting. MAYOR'S REPORT . Announced that the State Legislative House Capital Budget Committee will be meeting on October 9 at the Conference Center and added that this committee previously provided millions of dollars in funding over the last few years for redevelopment; and . Announced that the Prosperity Partnership group will be meeting in Bremerton on September 14 which has been instrumental in funding the Bremerton Marina improvements; and . Announced that the Secretary of State, Sam Reed will be visiting Bremerton for a tour on September 19; and . Introduced Scott Alexander and Frank Horton who briefed the Council on their plan for the future of the Gold Mountain Golf Course; provided information on the UW Husky Invitational Tournament which will be held on October 1 and 2; the NCAA Regional Golf Tournament to be held on May 14 to 17, 2008; and have submitted proposals for the Junior Amateur Championship or Women's Championship scheduled for 2011 or 2012. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus invited the public to Manette Fest which will be this Saturday, September 8. Events will include a pancake breakfast and fun run both starting at 9:00 AM; a children's play area and vendor booths will open at 10:00 AM on 11th Street between Pitt Avenue and Perry Avenue; and lastly, there will be a raffle at 3:00 PM. Dianne Robinson thanked students Tonv Strickland; Aaron Smith; and Telaia Hall, and the rest of the community who helped to make the Summer Reading Adventure Program a success. Mike Walton, Marketing Director for YMCA, announced that the indoor soccer program will begin in October and sign-ups are available during September; encouraged people to attend Manette Fest and YMCA Member Appreciation Barbeque and Tour on Saturday, September 8; Military Date Night was moved to September 8 from 5:30 to 9:30 PM; and there will be no swimming during Teen Late Night or Splash and Jam this month due to the pool closure for maintenance. Kurt Weist, Executive -Director of the Bremerton Housing Authority, provided information to Council on a grant application for the Department of Housing and Urban Development - Hope 6 Program; and invited the public to attend Community Meetingsto be held at 6:00 PM at the West Park Community Center on September 6, September 20, and October 11. City Council Reg. Mtg. Minutes Wednesday, September 5, 2007 Page 2 of 5 CONSENT AGENDA A. Check Numbers 319114 through 319337; and EFT-7319 through EFT-7344 in the amount of $1,608,955.25 for the period ending August 31,2007; Regular Payroll- Final Payment to the Estate of Louis Dean Westcott in the amount of $7,232.30; and Retiree Payroll in the amount of $76,919.13 for the pay period ending August 31,2007 (#AB07-203) B. Minutes of Meeting - August 15, 2007 (#AB07 -204) C. Minutes of Meeting - August 22, 2007 (#AB07 -205) D. Contract Award to COATINGS UNLIMITED, INC. for Reservoir 18 Interior Coating Replacement (#AB07 -206) E. Contract Award to STAN PALMER CONSTRUCTION for Sewage Pump Station CW-1 Upgrade (#AB07 -207) F. Purchase of LED Dialight Components for Traffic Light Signal Systems (#AB07-208) G. Appointment of Eric Anderson to the Bremerton Housing Authority Board of Commissioners (#AB07-209) H. Reappointment of Tina Marie Davis to the Community Development Block Grant Citizen Advisory Committee (#AB07 -210) I. Professional Services Agreement for School Resource Officer with Bremerton School District (#AB07 -211 ) J. Real Estate Purchase and Sale Agreement with Kitsap Community Federal Credit Union (#AB07- 212) K. Ordinance No. 5002 for 2007 Mid-Year Budget Adjustment (#AB07 -213) 05:57:39 M/S/C (Priest/Arends) Move to approve the CONSENT AGENDA as presented. Voted in favor of the motion: Gehring, McConnell, Priest, Shepherd, Robinson, Arends, Wofford, Maupin Abstained: Brockus Motion carried; 8-Yes; 1-Abstention GENERAL BUSINESS 6A - ARTIST CONTRACT WITH J.D. FRANCIS FOR COMMISSIONED ARTWORK FOR THE ART MORKEN BUILDING (#AB07-214): Steve Priest, Chair of Arts Commission, summarized that on May 16, 2007, the Bremerton Arts Commission presented to City Council J.D. Francis as an artist selected to produce artwork to be installed at the Art Morken Law Enforcement Building located at 1025 Burwell Street and Council authorized the Commission to negotiate a Scope of Work and finalize design. The artist's scope of work and contract have been completed and are being brought forward for City Council approval. Mr. Priest added that of the13 applicants, 4 artists were interviewed, and 2 artists were selected for this project; and thanked Steve Goupil for helping to create the badge image as provided to Council. Moselle Chirica commended the artists for their design; and requested an opportunity to provide her proposals for institutional artwork for the proposed boardwalk and the fountain park. Andrea Spencer, Community Development Director will add the artist's contact information to the commission's database so that she will be included in future project discussions. Mike Shepherd asked if the image will be the property of the City. Ms. Spencer answered yes. City Council Reg. Mtg. Minutes Wednesday, September 5, 2007 Page 4 of 5 Will Maupin thanked Roger Lubovich for working hard to craft these agreements. Brad GehrinQ was pleased with the contract. Dianne Robinson asked what the length of the contract would be. Wvn Birkenthal answered three years. 06:24:44 M/S/C/U (McConnell/Arends) Move approve the Golf Management Agreement, Food and Beverage Agreement, and Lease between the City of Bremerton and Scott Alexander's Golf Pro Shop, Inc. and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Brad GehrinQ commented on Blackberry Festival bands and events; and was pleased with the public's enthusiasm. Cecil McConnell encouraged people to drive safely especially in school zones. Adam Brockus asked people to volunteer at the Naval Museum. Wendy Priest thanked the Main Stream Association and the City for putting the Blackberry Festival together. Mike Shepherd commented on recent requests by citizens for speed humps; and indicated that speed humps are not as effective as once thought and have been problematic to public safety vehicles, and that Engineering staff will be considering other options to address residential speeding problems. Dianne Robinson was excited about the Kitsap SEED Project and potential job opportunities. People may visit the website www.kitsapseed.orq for more information; had a great time at the Blackberry Festival; and thanked Tracey Williams for sponsoring the 2nd Annual Community Carnival. Carol Arends welcomed the USS Stennis; and announced that this Friday will be the First Friday Artwalk. Nick Wofford encouraged people to sign up for the electronic newsletters; and to contact the Parks Department to help out with ivy removal work parties. Will Maupin represented the City at the Blackberry Festival Opening Ceremony; and had met with Captain Brad Johanson of the USS Stennis. With no further business, President Maupin adjourned the Council Meeting at 6:39 PM Prepared and Submitted by: ~c tlttU.;z. CHRISTINE GRENIER Council Assistant City Council Reg. Mtg. Minutes Wednesday, September 5, 2007 Page 5 of 5 Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: q/I'J-/o1 AGENDA BILL CITY OF BREMER TON CITY COUNCIL BILL # D 7 - ;).d-O 5C ........................................................................................ Committee Meeting Date: NI A COUNCIL MEETING Date: ~lq ;1..007 Department: City Council J Presenter: Will Maupin, Council President Phone: (360)473-5280 SUMMARY: Attached is a summary of the City Council Meeting held S -er~ I ~I d-60 7 SUBJECT: City Council Meeting Minutes for meeting of ~1~, ~o7 ATTACHMENTS: Meeting Minutes for ~ 1:1..1 .:lc,c7 FISCAL IMPACTS (Include Budgeted Amount): N/A APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N~ . '/ -4t i~?~ CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, September 12, 2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, September 12,2007, at 5:30 PM, with Council President Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Cecil McConnell. Council Member Brad Gehring was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Council Member Dianne Robinson. President Maupin announced that a Pre-Council Session was held prior to the meeting and included a discussion on General Council Business; and a 10-minute Executive Session on "Pending Litigation". PUBLIC RECOGNITION & ANNOUNCEMENTS Helen Miller asked if the Photo Enforcement cameras were installed, and if so, at what locations. Mike Mecham responded that the cameras have not yet been installed and are pending the completion of a traffic study to determine the exact locations. At that time, the locations will become public, signs will be installed; and also noted the first 30-days will be "warnings" only. CONSENT AGENDA A. Check Numbers 319338 through 319555; and EFT-7345 through EFT-7363 in the amount of $1,071,315.89; and Regular Payroll in the amount of $764,688.74 for the pay period ending August 31,2007 (#AB07-217) 05:34:35 M/S/C/U (Priest/Wofford) Move to approve the CONSENT AGENDA as presented. With no further business, President Maupin adjourned the Council Meeting at 5:35 PM. The Council reconvened in the 6tn Floor Council Conference Room for a STUDY SESSION to hear presentations on upcoming items. P:re~z~ L I SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DA TE SUBMITTED: August 29, 2007 BILL# 07- d-d-.-l AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5]) ........................................................................................ SUBJECT: Justice Assistance Grant for 2007 Committee Meeting Date: September 12,2007 COUNCIL MEETING Date: September 19, 2007 Department: Police Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The City of Bremerton Police Department applied for an Edward Byrne Memorial Justice Assistance Grant (JAG) that will allow the City to support a broad range of activities to prevent and control crime based on our own local needs and conditions. The funds will be used to purchase equipment and supplies to support the Police Department's interactive classroom training system and 'Use-of-Force' training simulator. The grant is from the Department of Justice. No matching funds are required. The total grant amount is $63,798.00. The grant duration is through September 2010. ATTACHMENTS: Applicable Grant A ward Documentation FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for $63,798.00. The equipment purchases are in the 2008 budget and expended in 2008. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA 1& GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve and accept the Justice Assistance Grant. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action Department of .Justice Office of Justice Programs Bureau of Justice i\>Sl,tanec Office of Ju,tice Programs lI'ill'fll!l;':'!ll/l, j) C _'0531 i\ugust 16, 2007 The Honorable Cary Bozeman City of Bremerton 345 6th Street, Suite 600 Bremcrton, W A 98337 Dear Mayor Bozeman: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 07 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $63,798 for City of Bremerton. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the tern1S of this agreement and the award will be subject to tern1ination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: Program Questions, Jeffrey S. Felten-Green, Program Manager at (202) 514-8874; and Financial Questions, the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, tO/~ Domingo S. Herraiz Director, Bureau of Justice Assistance Enclosures Department of Justice Office DC Justice Programs OITicc Cor Civil Rights It 'JlJII/l,!!.III/l. /) C _'(/531 ;\ugw,t 16,2007 The Honorablc Cary Bozcman City of Brcmerton 345 6th Street, Suitc 600 Bremerton, W A 98337 Dear Mayor Bozeman: Congratulation:> on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Program:> (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. Ensuring Access to Federally Assisted Programs As you know, Federal laws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. Providing Services to Limited English Proficiency (LEP) Individuals ;In accordance with Department of Justice Guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. S 2000d, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website at http://www.lep.gov. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, Participation in Justice Department Programs by Religious Organizations; Providing for Equal Treatment of all Justice Department Program Participants, and known as the Equal Treatment Regulation 28 C.F.R. part 38, requires State Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits State Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using financial assistance from the Department of Justice to fund inherently religiou:> activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customer:> or bcneliciaries cannot be compelled to participate in them. The Equal Treatment Rcgulation also makes clear that organizations participating in programs fundcd by the Dcpartment of Justicc are not pennilted to discriminate in the provision ofscrvices on the basis ofa beneficiary's religion. For more inf(xmation on the regulation, plea:>e see OCR's website at http://w\V\V.ojp.usdoj.gov/ocr/ctflJo.htm. Stale Adml11istcring Agenclcs and lilith-based organizations should abo note tbat thc Safe Streets Act, as amended; thc Victims ofCrlmc Act, as amendcd; and thc Juvenilc Jusliec and Dclinqucncy Prcvention Act. as amcnded, contain prohibitions against tliscrlml11atillll on thc baSIS of religion in cmploymcnt. Thesc employmcnt provisions have been spcci lically incorporated into 2X C.F.R. Part JR. I (I) and JX.2I.fJ. Conscqucntly, in many circumstanccs, it wOldd bc impcrlnissible for faith-based organizations seekl11g or rceeiving funding authorized by these statutcs to havc policies or practiccs that condition htnng and other cmployment-rclatcd dceislons lm the rcligionof applicant;, or cl11ployce,. Programs subject to thcse nondiscrimination provisions may bc flHl11d on OCR's WChSltc at http://www.ojp.usdoj.go\!on!. Qucstions ahout thc rcgulation or the statutes that prohibIt discrimination in cmploymcnt may he dlrceted to this Oflice Enforcing Civil Rights Laws All recipicnts of Federal financial as,istanee, rcgardless of the particular funding ,ource, the amount of the grant award, or the number of cmployees in the workforcc, arc subject to the prohibitions against unlawful discrimination. Accordingly, OCR invcstigates rccipicnt;, that are thc subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a numbcr ofrecipients each year for compliance reVIew" audits that require rccipients to submit data showing that they are providing services equitably to all segments of their scrvice population and that their employment practices meet equal employmcnt opportunity standards. Compl}'ing with the Safe Streets Act or Program Requil'ements In addition to these general prohibitions, an organization which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.c. 9 3789d(c), or other Federal grant program requirements, must meet two additional requirements:(l) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. 942.301-.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~9 42.205(5) or 31.202(5)). I) Meeting the EEOP Requirement In accordance with Federal regulations, Assurance NO.6 in the Standard Assurances, COPS Assurance No. 8.B, or certain Federal grant program requirements, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/eeop.htm. You may also request technical assistance from an EEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Fonn and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov/ocr/eeop.htm. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A ofthc Certification Form and return it to OCR. The Certification Form can be found at http://www.ojp.usdoj.gov!ocr!eeop.htm. 2) Submitting Findings of Discrimination In the cvcnt a Fcderal or State court or Federal or Statc administrative agency makes an adverse linding of discrimination against your organization after a due proccss hearing, onthc ground of race, color, rcligion, national origin, or sex, your organizationmllst submit a copy of the finding to OCR l'or rcvicw. Ensurin~ the Compliance of Snhrecipients (I' your organ]~al1()n111akes ,ubawards 10 otber agencies, you arc re'pons]blc 1'01' ~hsuring that ,ubrecipients also comply w]th all ortbe applicable Federal ci,i1 rights laws, including the requirements pertainll1g 10 devclopll1g and submiltll1g an I:LO!', reporting FlI1dings of Discrimination. and providing language ,erv]ces to LEI' persons. )tatc agencies that l1l~lke subawards must have in place ,tandard grant a,surances and review procedure, to demonstrate that they arc ell'ecti\'Cly 11l0nitonng the c]vd rights col1lphance or subrec'lJients. Irwe can assist you in any way 111 rullilhng your civil nghb resPllnsibilities as a recipient orFederall\lI1dll1g. please call OCR at (20l) 307-0690 or visit our website at http://www.o.lp.usdo.J.gov/ocr/. Sincerely, ~ ;. /i.W-- Michael L. Alston Director cc; Grant Manager Financial Analyst Bureau of Justice Assistance r~--~---- ------------------------,------ -------1 I I I p-\(il: UI I i G'"ant I i I I I - - i - - - - -- -- ---------------- ----- - -- --~-- - ~---- - - --I 14,1\\,\1(1) i>[ \IIJI R 2(0) III H\-OIIR I 1-:-pR(~-:~'~ I~::~-~~:~-----::-::--~(;- (:~(;~,; ~------ I LIl(,E[p[-,RIOD-IROM 10,(11,2006 10 O'iJl(1:iJ[(I l~~\RD 1),1 ;:;;--~::;-;;::-;~;~~_17' AC110N x, SL:pPLnll-NT 'He t-1Il I'R Inillal 00 Dcpartment or JU,tICC Onicc llr JUStlCC Programs I 1--- II RLClp[I-,~'n :\\\11: ,\:\D ,\lJllRLSS Ilncludlllg ;,p C"de) I I I I [A, ('!,A:\ 1'1'1: IRS!VENDOR \0 City llf HI <:nh.'1 lnn 345 6th SIICC!. Suite (Jon BIL'lIlCrtO!l. \\ A 9X,'-,'-7 9[600123[ 'I, PREVIOUS A \IARD AMOUN!' <; 0 3, PROJECT TITLE 10, AMOUNT OF TillS AWARD S 03,79R FY 2007 JAG Program I r. TOTAL AWARD S 63.79X 12, SPI'CIAL CONDITIO"S Till' ABOVI' GRANT PROJECT [S APPROVED SUBJECT TO SUCII CONDITIONS OR LIMITATIONS AS ARE SET FORTII ON T[IE ATTACIIED PAGE(S), [3, STATUTORY AUTIIOR[TY FOR GRANT This project i;; ~llppOltcd under 42 U.S C. 3751 (a) (13JA ~ JAG Fonl1ula) [5_ METIIOD OF PA YMENT PA:PRS AGENCY APPROVAL [0, TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE [R, TYPED NAME AND TITLE OF AUTIIOR[ZED GRANTEE OFFICIAL Dl)mmgo S. I krr;liz Cary BOLCOHIO Mayor DIrector, Bureau of Justice Assistance 17, SIGNATURE OF APPROVING OFF[CIAL 19, SIGNATURE OF AUTIIORIZED REC[P[ENT OFF[CIAL 19A, DATE ()/~ AGENCY USE ONL Y 20, ACCOUNTING CLASS[F[CAT[ON CODES I-ISCAL FUND BUD_ DIV_ YL\R CODE ACT OFe. RI:,(; ,liB POMS AMOUNT 21, OJ07U00230 x B DJ XO 011 00 63 )n L .-J OJP [,(JRM 4000'2 (RLV 5-X)) PRI:V[OUS [:[)[TlO\S ARE O!lSOLF rE, OJP IIJR\141100i2 (RHi 4-,IXI Grant -~~-------------- - -_._--~.----I--------~----------- ~---~ ! I I I I'A(,L DL I I I ____1~__~___~_~ Departmcnt of Justice Ufflce of Justicc Programs Bureau of ,Justice Assistance AWARD CONTIl\UATlOl'I SHEET I I ------~------~--~-- -----------_.__._---------~------ ._-----~-----. I'IW.IIX"j :--'U\II\LR cIl07-IlJ-llX-1I15X ,\WARD IlA 1"1' OX! 16/2007 SPECIAL CONDf7JO/v'S I. The rccipient agrccs to comply with the financial and administrative requirements set f()rth in the current edition ofthc Office of Justice Programs (0.11') FlI1aneial Guide. ~ The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the 0.11' Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of 0.11'. 5. The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first detern1ine ifany of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a I DO-year flood plain; c. A renovation, [ease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation ofa new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. L~_~~_--'-~~_______~_~_ 0.11' l'UR\t -1000,'2 (/{FV. -I-XX) 1--- ~----~--~----- -~------- ~- - - - ------ - --- - - - - - ~ -------- .------- ---- ------~-------.T---~---------~ ----~- I Department ofJmlicc I Oi'ticc ofJu,tlcc I'rogr~un, A'VARD COl'iTINUATIO;\l I Bureau of Justice SHEET I' Assistance I (' ',rant I '" I I 'I' I ! I I--;;;~~~:;-:"~~;'l;'-;---;;'~~;~~(;;-;----'--'~~';~~~~-~-~:;:~;;;----~-------~----.-- ----~- 1- ------------- -~~--- .~---~I'EC~.~~ co~~~)m(~~~;_~-----~- I 6. Thl' specIal condition facllIt,ltes complIance \Hth the provl'lons of the N,ltlonal El1\lronmcntal PolIcy Act (NI:PA) I relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories [hereinafter, "meth lab operations"]. No monies from this award may be obligated to support meth lab operations unless the grantee implements this special condition. PACil J Of. ---I I I I i I I ! I The Office of Justice Programs (OJP), in consultation with the Bureau of Justice Assi5tanee, the Drug Enforcemcnt Administration, and the Office for Community Oriented Policing Services, prepared a Program-level Environmental Assessment (Assessment) goveming meth lab operations. The Assessment describes the adverse environmental, health, and safety impacts likely to be encountered by law enforcement agencies as they implement specific actions under their methamphetamine laboratory operations. Consistent with the Assessment, the following terms and conditions shall apply to the grantee for any OJP funded methlab operations: A The grantee shall ensure compliance by OJP funded sub-grantees with federal, state, and local environmental, health, and safety laws and regulations applicable to meth lab operations, to include the disposal of the chemicals, equipment, and wastes resulting from those operations. B. The grantee shall have a Mitigation Plan in place that identifies and documents the processes and points of accountability within its state. This plan will be used to ensure that the adverse environmental, health, and safety impacts delineated in the Assessment are mitigated in a manner consistent with the requirements of this condition. C. The grantee shall monitor OJP funded meth lab operations to ensure that they comply with the following nine mitigation measures identified in the Assessment and whose implementation is addressed in the grantee's Mitigation Plan. These mitigation measures must be included as special conditions in all subgrants: (See Part II of this special condition) 7. I. Provide medical screening of personnel assigned or to be assigned by the grantee to the seizure or closure of clandestine methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and all other personnel assigned to either the seizure or closure of clandestine methamphetamine laboratories; 3. As determined by their specified duties, equip the personnel with OSHA required protective wear and other required safety equipment; 4. Assign properly trained personnel to prepare a comprehensive contamination report on each seized/closed laboratory; 5. Utilize qualified disposal personnel to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes at properly licensed disposal facilities or, when allowable, at properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs numbered 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement a written agreement with the responsible state environmental agency. This agreement mU5t provide that the responsible state environmental agency agrees to (i) timely evaluate the environmental condition at and around the site of a closed clandestine laboratory and (ii) coordinate with the rcsponsible party, property owner, or others to ensure that any residual contamination is remediated, if detennined necessary by the state environmental agency and in accordance with existing state and federal requirements: and 9. Have in place and impJem~nt a written agrcement with the responsible state or local service agencies to properly respond to any minor, as (Jellned by state law, at the site. This agreement must ensure immcdiate response by qualified personnel who can (i) respond to the potential h~alth nceds of any minor at the site; (II) tak~ that minor into protective custocly unle" the minor is criminally involved in the m~th lab actiVities or is subJcct to arrest for othcr criminal Violations: (ili) cnsure immediate medical testing for methamphetamine toxicity: and (IV) arrange tor any f(.lllow-up mcdicaltests, exam11lations, or health care made l1ec~ssary as a result of methamph~taminc toxicity. ~ OJ!' F()J{\1400(l/2 {RI'Y, 4-gS) ~ __u --- -~-~~------ ------ ---~~ ~~-~- ~ ---~- - ---~----- ~-- ------r-- -~-------~- I I I I I I I I I ______ _____ ____ ____ ________ ________ _J__ _ __~~_ _~__ ___ ____________ j _____ _______ ______ _:~~~=~~~~_ 2()1I0-~lX-III~_______________\ \V:~I~)~~I~J~~<"21~~~~_________m___________1 SFEClAL CONDITIONS Department of Justice Office elf Justice Programs Bureau of ,Justice Assistance AWARD CONTll'iUATION SHEET 1',\(11. 4 iJF Grant 8_ The recipient agrees to submit to BJi\ lor review and approval any curricula, training materials, or any other written materials that will be published, including web-based materials and web site content, through funds Ii-om this grant al least thirty (30) working days prior to the targeted dissemination date_ 9. To avoid duplicating existing nctworks or IT systems in any initiatives funded by BJA tor law enforcement information sharing systems which involve interstate connectivity betwecnjurisdiction, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 10. To support public safety and justice information sharing, OJP requires the grantee to use the National Infonnation Exchange Model (NIEM) specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more infonnation on compliance with this special condition, visit htlp:! /www.niem.govlimplementationguide.php. II. The recipient is required to establish a trust fund account. (The trust fund mayor may not be an interest-bearing account.) The fund may not be used to pay debts incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate and expend the grant funds in the trust fund (including any interest earned) during the period ofthe grant. Grant funds (including any interest earned) not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period, along with the final submission of the Financial Status Report (SF-269). 12. The grantee agrees to comply with all reporting, data collection and evaluation requirements, as prescribed by the BJA in the program guidance for the Justice Assistance Grant (JAG). Compliance with these requirements will be monitored by BJA. 13. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP detennines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per 28 C.F.R. 23.20(g). Should any violation of28 C.F.R. Part 23 occur, the recipient may be fined as per 42 U.S.c. 3789g(c)-(d). Recipient may not satisfY such a fine with federal funds. 14. The recipient agrees that all income generated as a direct result of this award shall be deemed program income. All program income must be accounted for and used for the purposes under the conditions applicable for the use of funds under this award, including the effective edition of the OJP Financial Guide and, as applicable, either (I) 28 C.F.R. part 66 or (2) 28 C.F.R part 70 and OMB Circular A-IIO. Further, the use of program income must be shown on the quarterly Financial Status Report, SF269. 15. The recipient agrees to ensure that the State Information Technology Point of Contact receivcs written notification regarding any information technology project funded by this grant during the obligation and expenditure period. Thi, is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with thcse grant funds. In addition, the rccipient agrecs to maintain an administrative file documenting the l11~eting of this requirement. For a list of State Information Technology Points of Contact, go to http://www.ojp.llsdoj.gov/ec/states.htm . I I l_ 16. Grantee agrees to comply with the requirements of28 C.F.R. Part 46 and all Office of Justice Programs poliCIes and procedures regarding thc protection of human research subjects, including obtainment of InstItutional Rcview Board approval, if appropriate, and subject infonned consent. OJ!' FOR.\140IJlJ/2 (RI:\' 4-XXI i------- --- --------- --------- ---- -----T-- ------ -------- --------- -----i----------- ---- -----1 I . . Dep,lftmcnt oj J usllce I 'I I I ()jfice ofJlbtlce Progr,lms I A \VARD CONTINUATION I , Bureau of Justice I SHEET i 1'\(;/ U}, I ] A";,,"",, I Gmt I 1~~~~~J~'-~;~~~~~~=0~1;~I;-ill}~ -_-=-==~=-~-_~~\~~~~;~---_~~I~~;~~~===~==_~~===~==, I ' SnTI/lL CONf)fT/ONS 17. Grantce agrees to comply with all confidentiality requirement;. 01'42 use. section 3789g and 2H C.f.R, Part 22 that arc applicable to collection, use, and revelation of data or information. Grantee further agrees, as a condition of grant approval, to submit a Privacy Ccrtificate that is in accord with requirements or 28 C.f,R. Part 22 and, in particular, section 22.23. 18. "Applicants must certify that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEI' persons have meaningful access to their programs, Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Intemet at www.lep.gov," 19, Recipient agrees that funds provided under this award may not be used to operate a "pay-to-stay" program in any local jail. Recipient further agrees not to subaward funds to local jails which operate "pay-to-stay" programs. UJI' HlI\'I1 400012 tRI,\ ,4-XX) Department of Justice Officc of Justicc Programs Bureau o(Ju.I'lice A.I'.I'i.l'lolICe lI'u<,llI/lg/o/l, }) '-' .lfJ53/ Memorandum To: Onicial Grant File From: Maria Pressley, Environmental Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Bremerton All grants funded under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) will carry the following NEPA special condition: 1) The grantee agrees to assist BJA in complying with the National Environmental Policy Act (NEPA) and other related federal environmental impact analyses requirements in the use of these grant funds, either directly by the grantee or by a subgrantee. Accordingly, prior to obligating grant funds, the grantee agrees to first determine if any of the following activities will be related to the use of the grant funds. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is, as long as the activity is being conducted by the grantee, a subgrantee, or any third party and the activity needs to be undertaken in order to use these grant funds, this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 1 DO-year flood plain; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and, d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Application of This Special Condition to Grantee's Existing Programs or Activities: For any of the grantee's or its subgrantees' existing programs or activities that will be funded by these grant funds, the grantee, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. . II, ---- _______m ---~)~)~;~~;~~t- of Just;~;----__----nlll- --G--;~\ N~-~;'~IN)'I~O;;J~E~C-~T-I\S~lErJI\l\11'~1 ~~I.~-yN D U -~~~;~-~;~-II Office of JU:-.tlCC pll)gram\ ,-' ll' ."\. " Bureau of Justice ;\ ssistance i . _ ..__.. _ _ .1~;c",;::,,~_~'""t.I.~~'~~ '" ..~...I I Thl' PWjcct" 'llpl"J11c'd ulldcr42l! S C. 3751(a) (IlJA - LV, hmnlll'i) I 1. STAFF CONTACT (;\,Imc & telephonc nllmher) , pROJEC r llIRI,CTOR (:--Iamc. addres> & telephonc nllmher) kffh:y S. Fcltcn-Circ-cn (202) 514-XX74 Cnllg Rogers ChicI' of Police 1 ()25 Burwel1 Street Bremerton, W A 9X337-1 X 12 (360) 473-5750 3a. TITLE OF THE PROGRAM 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 2007 Justice ASSistance Grant Program 4. TITLE OF PROJECT FY 2007 JAG Program 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUBGRANTEE City of Brc-mclion 345 6th Street, Suite 600 Bremerton, W A 98337 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 10/0 1/2006 TO: 09/30/20 I 0 FROM: 10/01/2006 TO: 09/30/2010 9. AMOUNT OF A WARD S 63,798 10. DATE OF AWARD OX/I 6/2007 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (Sec instructIOn on reveroe) The Edward Byrne Memonal Justice ASsIstance Grant Program (JAG) allow:-, states, tnbe...., and local go\'crnmcnt~ to ~\Ipport a broad range of activities to prevent and control cnmc ha~cJ on thclr nWlllocal need" and COl1lhllons. Grallt I'und:-. can he u:-.cd for ~talc and localll1ltJatlvc~, tcchOlcal assistance, rrJ1J1l1lg, personnL'i, eqlllpmcnt, :-.uppl1cs, cOlltractual ~llpport. <:lI1d lnfonnatH1n sy:--tem:-. for cnmlnal Justice for anyone or more of tilc follOWIng purpo....e areas: ]) law cnfon:c1l1cnt progrd1l1S; 2) prO~cclltlon Jlld COllrt program,,; J) prc\ cntlOl1 and CdlJCatloll program.'.; 4) com..:ctlnns and cOlllmunlty corr('ctlons program", 5) drug tn:atllli.'n1 programs; and 0) rlannlllg, ~.:valtl<lllon, and kchnology llllprO\i.'l11cnt prugr<ll11~. I I 1 he (ily ollllcmer1nn "Iii o,c theu rhc,d Ye,ll Z007 J,\G lund, to purclusc cqulpmcnt ,Ind "'I'plie, 10 support Ihe police dep,utmenl's L""" """",,m "_"mo, ..,,,,,.. """U"-""",,,,,- ,,"'..,," ""'",,,,,,. OJP FORM 40()O/2 (RFV. 4-XK) -- _._------~-_.----- ------------- ---~--~-~--- --~-----~------------_._~-----_."-- -~---- -~-------_._-~------- ----------- rhl..' clav..;roOl11 Ir.l1lllllg "y.,tcm !"';I '-.t<lIL'-of-lhc-an IOU] that ll~(,~ computer gellclall..'d. 11l!lh ddilllllon \ ltkc) cm lronmcnt, fur office'!"" to \lse ~ll1d It .Il,,() :dlow<., the pollcc department lu Ilam,ll a lc\cll1fI1l1el1"ll)' lllat call1wl hc lephcltcd thnlll);h tr:ldltlondllll<.,IIlKtlolwl !lH:!hod~. rhL' "U<"L' of f-ole<:" tralllJllg <.,\1l11d.llor prO\llk~ ufliecl" \\'llh.\ hlt;lli...'r k\cl ot'n)l11pl.'lL'llCY and proflclcnq l"1.>ulllng 1Il allllll'II.';l:-,C lIl11ffll'Crtllld puhl,c ~;lI(-ty '\C\,''\l'F L__ I I I I I ~ DATE SUBMITTED: September 5, 2007 BILL # 0 7 - d- :;Ld-- AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~f ........................................................................................ SUBJECT: Professional Service Agreement with RH2 Engineers for 2008 Water Main Improvements Committee Meeting Date: September 12, 2007 COUNCIL MEETING Date: September 19, 2007 Department: PW &U-Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Utilities Division has identified several water mains that need to be replaced due to deterioration or are undersized. The proposed professional services contract is for design services for these water mains. RH2 Engineers was chosen from the Engineering Division list of qualified engineering firms for this type of work. Scope of Work, cost and schedule are included in the exhibits attached to the Professional Services Agreement. ATTACHMENTS: 1) Council Summary; 2) Professional Services Agreement; 3) Exhibits A, A-I, B, C and D. FISCAL IMPACTS (Include Budgeted Amount): The cost of this contract is $302,389. $500,000 is budgeted in the Water Utility Capital budget for this professional services contract. Construction for these projects will be budgeted in following years. APPROV ALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: --jj~ 1#r/~~ . .4~ffilX-- / CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve Professional Service Agreement with RH2 Engineers for 2008 Water Main Improvements and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY 2008 WATER MAIN IMPROVEMENTS Summary. Each year the Utilities Division replaces several water mains throughout the City. Typically these water mains are small enough in scope( less than $50,000) that City crews can do the work. There are several water mains proposed for replacement. These water mains were chosen using the priority criteria of degree of degradation and the necessity to replace the main prior to the street being overlay with asphalt. RH2 Engineers was chosen from the Engineering Division list of qualified engineering firms for this type of work. A scope of work, cost and schedule is included in the exhibits attached to the professional services agreement. Financial Summary. $500,000 was in the water utility capital budget for this activity. The contract with RH2 Engineers is for $302,389. PROFESSIONAL SERVICES AGREEMENT [2008 Water Main Improvements] The City of Bremerton ("City") and RH2 Engineers ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated , 20_, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $320,389. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BrcmertonJRH2 Engineers 2008 Water Main Improvements PageIof6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion ofthe injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or telmination of this Agreement. Bremelion/RH2 Engineers 2008 Water Main Improvements Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the perfonnance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Port Orchard, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. Bremelion/RH2 Engineers 2008 Water Main Improvements Page 3 of 6 C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the perfomlal1ce of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Port Orchard, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Michael Mecham 3027 Olympus Drive Bremerton, Washington 98310 Consultant Address Mike Pleasants RH2 Engineers 600 Kitsap St, Suite 101 Port Orchard, Washington 98366 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Brcmerton/RH2 Engineers 2008 Water Main Improvements Pagc40f6 L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attomeys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attomey's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion ofthe work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other nationql emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event oftermination, the City shall pay for all services performed by the Consultant to the effective date of tennination, as described on a final invoice submitted to the City. After tellnination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Bremerton/RH2 Engineers 2008 Water Main Improvements Page 5 0[6 without restriction. Any such llse not related to the project which Consultant was contracted to perfonn shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: its: Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/RH2 Engineers 2008 Water Main Improvements Page 6 of6 EXHIBIT A City of Bremerton 2008 Water Main Improvements SCOPE OF WORK BACKGROUND TIle proposed project includes improvements to the City of Bremerton's (City's) water system. The improvements include 27 separate projects, totaling over 23,000 feet of water mains. Most of the improvements are pipeline replacements. Some new mains are also included. The understanding of the project list is attached as Exhibit A-1. The Public Works and Utility Department at the City will construct all projects estimated to cost under $50,000. For these projects, RH2 will provide stamped and signed construction drawings, but no specifications. The remaining projects will be combined to create one bid package. This contract does not include services during bidding or construction as the schedule of the construction of these improvements is not known at this time. The target completion date of all tasks included in this contract is the end of the 2007 calendar year. TASK 1- PERMITTING/EASEMENTS Objective Submit applications for or negotiate the necessary approvals/permits or easements, respectively, that are required for the construction of the water mains. Approach A) Permit Information Collection - Compile basic information on known streams, wetlands, regulated shorelines and ESA-listed species in the project area, to be used in preparing the SEP A and other permitting documents. Conduct limited field documentation of critical areas along the alignment, topographic map review, County GIS review, Federal Species lists requests and related information review. B) Prepare SEPA Checklist - Prepare a Draft SEPA checklist for final review, signature and processing by the City. C) Shoreline Permit and Critical Area Review Application - Prepare Draft JARP A application for final review, signature and processing by the City. Note: The Jvork jor Task 1, Jvhile an eJtimate ,s provided, JJlill be petformed on a time and e.':jJeme basiJ due to the uncertain!] of the eJfott required. Product I nformation and photo documen tation to be used for SEP A and J ARPA preparation; one paper copy and one electronic file of a Draft SEPA checklist; and one paper copy and one electronic file of a Draft JARP A application. 9/../2\J11"i Pag" l / ' ",-"",Ii, 1"1111'- i " P" il" ,.Ii ',l.ll \ .,r- l~, l me 11"' ,n \~~ IWI \\ lIr 1 \1.ull 11)'1';1' ,\', 1l1'.,!1' \ 1;1(\ I :II(I.~ \\ .dl"1 \l,I'l1 Ill1jll (,' ~m"l1r, ::,< 1\\ <I( ". City of Bremerton 2008 lV.'1ter Jl-falil Improvements EXHIBIT A SCOPE OF WORK TASK 2 - BASE MAp PREPARATION AND SUBSURFACE INVESTIGATION Objective Collect the information needed to determine the water mam alignment and constructability of the proposed water mains. Approach A) Utility Records - Prepare maps to show the extents of the improvements. Provide these maps to City and franchises with a request for record drawings. Collect utility drawing records from the City and franchise utility providers. Collected utility records will be used to verify accuracy of site survey. B) Site Survey - Retain two licensed surveyors who will perform surveys of the surface features, the located underground utilities and topographical features with two-foot contours. The surveyors will coordinate the locating of underground utilities by an underground utility locator. Prepare maps and meet with the surveyors in the field to confirm the extents of the survey information needed. C) Base Map Drawings - Create base sheets and format survey drawing data. Perform site visits to review completeness of survey and utility data. Establish stationing for water main design with reference to permanent monuments. D) Subsurface Investigation - It is assumed the City has and will provide soil data from projects constructed throughout the City in the vicinity of the proposed projects. Conduct a limited geological and hydrogeological exploration using test pits to characterize stratigraphy and ground water conditions. The City will provide the operator, Baggers, equipment and any other staff required to dig and backfill the tests pits. Depth of test pits will be as deep as possible with the equipment available. With a rubber tired backhoe we should be able to excavate to 10 feet below ground surface dependant on groundwater conditions and adjacent structures/ roads. RH2 will prepare test pit logs and interpret information. RH2 will develop geotechnical and engineering geology recommendations for trenching, handling of subsurface water, placement of improvements, temporary cut and fill slopes, backfill and compaction recommendations and include recommendations for import vs. use of native earth as backf1ll. If a directional drill or boring is required to complete portions of these projects, such recommendations can only be provided if previous reports of adjacent borings are available for review including investigation and construction records. If no reports exist such information can be provided via an amendment to this scope of work. \V'e assume the water mains constructed down any steep slopes can be accomplished with standard cut and fill trench. If directional drilling or other methods are required they shall be reviewed via amendment to the contract. Product AutoCAD base map drawings at a scale of 1" = 30' using the site topography survey with 2-foot contours detailing located underground and surface utilities. I); 1: ~(IIII Page 2 I \,~"".\ 1111'1111;'- '.1'1 "p'h 11",( ,11\ ,-,I l'II"I1'(:II'In\.2I)I),') \\',\Jr" \1,1111 Irll!'IL)\'!'l1ll r,ls'J)JC\1 :illIS \\ ,llll \lWl Il1lj1[, ,\ nT" IH, :-,U\\ r!'J< City of Bremerton 2008 Water Main Improvements EXHIBIT A SCOPE OF WORK ~An engineering geology and geotechnical engineering report that will include test pit logs and construction recommendations that can be incorporated into the construction documents. TASK 3 - PREPARE CONSTRUCTION DRAWINGS AND SPECIFICATIONS Objective Prepare construction plans and specifications for the installation of the water mains. Approach A) Preliminary Alignment - Meet with City to develop design criteria. Prepare schematic layout of preliminary alignment. Meet with City to discuss before continuing design efforts. Preliminary plans will be plan view sheets at a scale of 1" = 30.' B) Plan and Prof1le - Prepare plans of the water main alignment for review and approval by the City. Plans will include TESC features and pavement restoration extents. Scale will be 1" = 30' horizontal and 1" = 5' vertical. C) Connection Details - Prepare details of temporary testing connections and permanent final connections to the existing water system. Develop a plan for the abandonment of the existing water main for each of the improvements. D) Water Main Improvement Details and Notes - Prepare special details not included in the City Standards as needed to convey scope and construction standards for water main improvements. Provide General Notes in conformance with City Standards for construction drawings. E) Pavement Restoration Details and Notes - Prepare special details not included in the City Standards as needed to convey scope and construction standards for pavement restoration improvements. Provide General Notes in conformance with the City Standards for construction dra'\vings. F) In House Review - Conduct a Quality Control review of the plans and specifications at 50 percent completion of construction documents. G) City Review - Submit plans to City at 50 percent completion. Attend 50 percent design review meeting for clarification on City comments. H) Cost Estimate - Prepare preliminary cost estimate at 50 percent completion of constluction documents. I) Construction Contract and Specifications - City to provide RH2 Engineering with a master copy of the 'boiler plate' Contract Document section in a Microsoft \',lord electronic file. Prepare advertisement to bidders for the City to advertise. Prepare bid schedule, and measurement and payment descriptions. Prepare the Technical Specifications through reference to and modification of the curren t \,(!SDOTj f\P\Vz\ Standard Specifications so as to be compatible with construction scope and City Standards. Page 3 ') i),' ~\)III J, ',~', \' 1'\':~'I'L ,. J'I"I"h.d',I.itl ,)1 ]1,1('111('1(' 11' 1(11),'-( \X ,lIl I .\1.\111 11'1'1<'\' 111<\! 1ll\lS \\ \10111' lin)'I" ([111'1'1" '--( l\\ City of Bremerton 2008 ll/:,uer M.I1D Improvements EXHIBIT A SCOPE OF WORK Product One set of preliminary alignment specification and bid documents. plans. One set of 50 percent construction plans, TASK 4 - FINALIZE PLANS, SPECIFICATIONS AND Bm DOCUMENTS Objective Finalize plans, specifications and contract documents. Approach A) In House Review - Conduct a Quality Control reVIew of the Plans and Specifications prior to submitting 90 percent plans and specifications for City review and prior to preparation of final bid documents. Perform edits to plans and specifications based upon in-house review prior to 90 percent design review meeting with the City. B) City Review - Submit plans and specifications to City at 90 percent completion. Attend 90 percent design review meeting for clarification on City comments. C) Finalize Documents - Perform final edits to plans and specifications based upon in-house review and City comments. D) Cost estimate - Prepare cost estimate at 90 percent completion of construction documents. Finalize with completion of construction documents. Product Two sets of construction documents, including plans, specifications and contract documents. !)/;:'~(lllf Page 4 / \ "t '\ l~\I~m('~, \]1" 'p,,~.ll \ ( ,1: ,Ii I~I( i nn t. JrJ' ~\!n," \\ ,<I, , :\1,'11 II npl ,,\ '-'I'lUll ,\ n I{ \ I - ":llflH \\ ,Ile" \1,111 1 nq)1 ,,' '. I'll II[" ,"::'U\\' ,I"l EXHIBIT A-I City of Bremerton 2008 Water Main Improvements Project List -, -, Ploject #-. Ploposed Di.l. Existing Dia. Length From (Along) At To .At P-30 8 4 239 Easement Marlow Ave Easement iW->N turn _C'~_A" '~~n" ~_~~^,,~^, ,,~ ''''_C__C'C~ ,,- "'lr'"' . '"~ 'w~~~._^ _, ",,__ . __ _ _ H" . P-31 12 6 914 Winfield Ave E 16th St Winfield Ave .50' south of E 18th St P-32 8 1,204 . Orange Dr N\iV NW Taylor Rd Orange Dr.. NW .Seabeck Highway " , " ~ ~ , , . ~,12ea_d~n.~. .... P-36 8 4 758 .l?e_a~!!~~_tti9~'!'Iay ... .~orthla.k_e\IVay .NW ~e<Jb!!.l:kJlig~wa)' .. P-37 8 4 248 Robin Ave Dibb St Robin Ave E 32nd St P-38 12 8 295 Winfield Ave E 15th St Winfield Ave E 16th St P-4O 8 6 2,900 Marine Dr Cedar Dr Marine Dr :Fitz Dr . ,_~~ n_'~" . ',. ,,- , , . - ~.,. P-41 12 6 2,605 Jacobson BouL Trenton Ave Jacobson BouL iNE Alder St P-42 8 6 1,203 Kitsap Way Oyster Bay Ave Kitsap Way 'National Ave P-43 8 6 898 .l<ttsap\lVay .J~url:hfi~ld))r . ........ .. ~ Kits'!p \iVaI' _. _ . _ ,~Q[)' 131==. oU3urEhfieJd [)! . P-45 12 8 1,419 Northlake Way NW 1419' south of Lebers Lane NW Northlake Way NW 'Lebers Ln NW P-46 8 6 352 Juniper Morrison Ct Juniper . Dead end P-47 8 3 789 E 18th St ...I: e ~ry Av.e__.. .___ . . E 18th St 'Winfield Ave _ ~,_ _" "~_'~M. ~ '" _ ".~, V_""~,,m_~ <_,. _,,_ '_____u'_p_'- P-100 8 6 445 Halverson Ave E 30th St Halverson Ave . Sheridan Rd P-101 8 6 309 Sheridan Rd Halverson Ave Sheridan Rd Sanders Ave P-102 8 6 545 Sanders Ave Sheridan Rd Sanders Ave ;E 30th St _ . . ~ "' ,n ,_.~ _ ^ pm Ad _ _ , . P.103 8 6 351 E 30th St Sanders Ave . Sanders Ave Halverson Ave P-104 8 6 403 Lewis Ave Sheridan Rd r!V intersection) Lewis Ave Sayl~s Rd . P-105 8 6 341 Sheridan Rd Lewi.s.Ave (E intersection) Sheridan Rd _ Lewis Ave ryv intersection) .. .".., , ~ . ,- --- P-106 8 6 484 Bender Circle NE Intersection Stem II.. Loop Bender Circle NE .NE Foster Rd P-107 12 8 379 State Highway 3 Turnquist Rd State Highway 3 ,NW->Bend P-10B 12 8 845 Anderson Hill Rd SW Dead end Anderson Hill Rd SW ,SW Cook Rd -, ..'^.. , .- " . --. ~ -,", .~O'- E of F eigley. Rd W P-109 12 8 722 W Frontage Rd State Highway 16 W Frontage Rd P-110 12 8 91 ., W Frontage Rd 30' W of Feigley Rd W W Frontage Rd !Bendin W Frontage Rd Hilltop 8 4(2 1,800 .._Hllltcp Ln NW Chicc\'llay ....Hilltop.LI!.I\I\'11 .Chic:[) Way ._ Shore 12 8 1,800 Shore Dr E 10th St Shore Dr Trenton Ave UnlO n 12 8 800 "Union Ave Werner Rd Union Ave .Poindellter Ave 27 23.139 7i24/2007 . - -, System Map. 2016 2016 1013 1113 1813 2017 1413-15 2116-17 1517 1316 1115 1814 2016 1913 1913 1913 1913 1814 1814 1703 1214 1426-27 1226 1226 1114 2018(2118 1420 Z.\NewBusiness\Proposal\City ofBremerton\2008 Water Main Improvements\2008 Water Main Exhibit A-I.doc EXHIBIT B City of Bremerton 2008 Water Main Improvements Preliminary Project Schedule Descri tlon Duration Completion 2007 Weeks Date 14 2/1/2008 10 11/26/2007 12 1/25/2008 14 2/1/2008 10 3/1/2008 Z INewBuslness\Proposal\City of Bremerton\2008 Water Main Improvements\BRM - 2008 Water Main Improvements - Fee Estimate.xls 7/26/2007 ,",'", ,', ,,::/,'/,; ',:A ;, ,:'",',:;","', '" ,r:": ',','1 "l,i, ":<e"" ",' c ',':: <':7;:,' ," ',;" "0';< ",; ,', ;;g,{"i~i' ,,;/r' ,+,;, " ~~ ~~~ 2;" ", oX ", ~i':~,~;;#~" ,,>, ,.' !"<>:-" ,',?: ' ;~t/t~ -~~~;:,~~:;)::'c;~':~f;'~~.1' '~1 ,(::;::::',HQUJU;Y,JlA., >~":vi:::;,,:;/;'"'' ':;,:, :~ ;:,";~~~ ' ^"~~; ; 01 I~:':; ;;1~; <z' ~ ! : ;~~i,~ 1,;t;i)i'~,""",';:::'!: ~' " ~e~:;IN'>}B;:~~~ti;'E::S01,~t~:!'~;;'i::t"t~i ;::~"i ,;~:" ;,;~, e< "e: ' , ,"'. IO,Q'SESEk",.c{ 'C ~,< ,fi ~ :: ~:~; ,,",;,;:::::1 ,; , ,Y' :', ,,;;;:);,,:;,';:iV:: ;', h';':"",; ;'ti' In-house copies (each) .~X~~_______~2.:9.?._ CAD Plots .!-~_________-1l2.:.9.2.. },,;f 't,,; In-house copies (each) !l!}~~~___________~9.;QL CAD Plots .f_l!!!.1'~._______~.:.2.0 " 7. In-house copIes (each) .!.l.~__~_.!Z:.___________J9.}_i._ CAD Plots Ha.!!Jlize _______~~2.2.. ,," '0, In-house copies (color) (each) 81/2"XII" $0,85 GIS System Per Hour $10,00 ,: In-house copies (color) (each) '8-1/2" X I40;--------$i~O-- GIS Plots 'per Plot --$5,00 ;';j In-house copies (color)(each) :D:2~)7" --=:::::::==EJo- In-house Computer :~~~i!our _--===-$92.9._ Mileage .~~.M~______--.!2.:i~_ Digital Camera .~~!2.!!L-___.___~.!Q:9.9_ Digital Camera .~~_~eek _---.--!~9.:~~ Digital Camera R.~}::!onth ___--190,09. 'Note: At project completion all digital photos can be supplied to the client on CD, upon reql !st ~",;~,~." j #! ;" ~[:,:; ,Y, GA Principal Principal Principal IX $171.00 .-.---.---....----.-.........--. VlII $17100 ------_...._-------------- _~L._.____________....!!~i,9.9__ Professional Professional Professional VI $152.00 .---------------..-. V $144,00 _.--._--------------._-- 1:L_________.-!!}.?.:.9.9_ Professional Professional Professional .!!!.________.-!l?~:9.Q... II ___.-!!lt2.2... 1________--BQ~,9.Q... ','C, ',:,;, FAX (each sheet) In-house CAD System _______________._______~J_2.9.__ Per Hour $25,00 .-.-----..-------------- ,,; ,<:"":ii. '" 'i'. >, ;," ,~ * " " ' Technician Technician Technician Technician .!Y-_..._______..2!.9.8.OO III $100.00 .-.----------- fl____.______E?.:.9.9._ .L-__________~~.:.2.9_ Administrative Administrative Administrative Administrative Administrative .Y-___.___-1?12.9. IV ___________-1~2,OO_ ,!!!..._______~.?!2.0 ,!!____~.?.~,OO I $~~2.9._ i"i J '~"; .....;')j,;...' ~~~;:.';' ; "eitA ~';']~i(' ,. ;' ., ., I',,',' ;Y, ,':1, 'c',;, :f': "Y,'" ..', ",,'..'.:. ? ,,' IS ~',f;:'" :c .'/ ,:p, '.',' ., '::,< Is :', .' ,'.... .... ", i'".,,; (,';i: i "':,.':::~ t!:;":v, "\;;~<<:;i2,tJ.,; ,;.)' i;.~ I,:::,.,. .",,"',,;; ::i,. :.'; :' ;';' :'. ':";';;', >\ ,,::/:,L'.,:;'::". .' !",. :,,;./,/1' " ."';:~ .^' 'if:?'L; '.' ~:\;. ,;',!~~~"~;,:}i,',i,,:i, .' ....... .... ',:', ';^::,'; .,,,<2 \, :;"'C,>,' ;...EF;:,:;;/<,;~y{.,_=,;c~:;.,::;'\...{,;:,' ,. .' ..... 'i,> .' ,; . ~".:;:,::;,'" :,!!~i:::iz ..~jC"'l'.c .;;>';';:;, ?$: ~ ~ ~:~iiI7i~b' . .... '. i',' ',j\\.,;,;':!<'/(":,.,;;; .:'::"1'...... .... ']i'.::> RATES <.':'.;:;'Yi;' . ,. ~,'>:. .....;;::~ '.,.~".t~:< ,,,}!~:!t~~: ' ,:~ 1~,: r,; '" 11' :i!E~ :6'it .....~ ,,':'.;;; . :;:\'! ;":f:, J:':"~:l. '.f' " . ',.,;.,::;, . ):.::'n ;<' f:t' .i" ;< :,;:;';~f! . .'. '^" ,'po ,<;,i,. '!"C,:"/> ~"i~~~~1 >::;'\t:::;(:',:, :;";', '~; ,<,"t' ,,: "V",;'.' 'j, ';:::,; i,i\': ) !-I,t!''':''ft'/:';' '",;',,", ..,' ::': ~;2:,'f;2",: ,;' .' '.~; ,X'i ~ , '/ l'fJ~wf!u"'''~.t\Propo~ar ':"ly 01 B,,,m~rlon';>OO~ W~l"r M.", In pf"~~"'~"I~'ERM. 2noe Wal.., Ma.., Improvement< . r"" Eo1."'''l" .1. EXHIBIT C City of Bremerton 2008 Water Main Improvements Estimate of Time a nd Expense Description ..~ Classi;icatio~ Principal! Project Project i Staff Engineer ~ Engineering j Engr. i, Staff Scientist i Word Processor I Manager I Engineer' i ! Technician I Geologist ! ! princi-aiVjiitPro"ies~iVtProiesSlOmtiiii1pMro;;ssfonaiilt-T~niCianTv-'i'-'princiaiviT-rprOfesSi'O'il8ii'ii1Aiimin~trative-ITI- I~f! PERMITTING PefTllit InformatIOn Collection ~-Prepare SEPA Checklist ~ShorelmePermlt and Cnhcal Areas ReView ApplicatIOn ::==~=i==~=~~~-'~~=1==.-:~-::=-t=:~~~:~=:f~~=:~~-:=::t--' .-i. 1- ~i-.-"1--'~=-.=-: 6, 24 I ! 24 I ! I II i 24 Subtotal Task 2_. BASE MAP PREPARATION & SUBSURFACE INVESTIGATION A Utility Records --E3 ---- Site Survey C - ----EfaseMap Drawings D Subsurtace Investtgahon -... -. .--, --..'-32. ..t..--- -:..-.--+---. 32-.'-- -, -- 32.-- +. . ;--... -+ 8-. ..-- .=-:~:=:~r':~'~;~:==:=f:.~=:f;.- .=f==::~{i=:=:f.===]~.=--=l===-. ;s-'.-:r :~- l -=2~ =::- 4 41 i 32 i 64 10 21 10 4a Subtotal Task 3 PREPARE CONSTRUCTION DRAWINGS & SPECIFICATIONS .--.-......-.-J_._.._..._.......__.l..._.____....._._...!-.._--.--..-...--...l...-.-._-.._ ___._._.~..__....____.)..-_._.._...;_.._._._..___.__. ---r;--- -.Preiimlnary Alignment 16 i 16 ! 40 i 60 i 1 _ i 6 8 =~-=-~~~and pro~~=-=-~"~____ =~_ ~ :f~~. ~ 1~ : H:~~E:-: :~~= _ ~:_ ~~f~=~I'::'_~ :!~p~'::'-=-:': + : ~~H: ~g ~:_. J-~~=- ~~:~= =:l:.=~~-:::=-:'~=E=-:':'~1!:~~.~~ C Connection Details - I 16 ! 24 ! 40 , 20 : _ ; . ! 8 !~~~~;~~;:~:'" -~. ..--=~~E~~Elf:f~qf~ H- -.. Cost Estimate . ! 4 1 6 1 12 ! - i . i _ ! 4 - -I - --COnstruction Contract -K.SpecificatJons --~.--4--~'r.~.-.--20.~..~.~.-~T.--..--20---_.rM_R_._.2i5'-'~~~T...--.-.-.:-_M'-'~'-T---'.'-':~---T--_-.~-_Hr---"40 -.-.-- Subtotal 12 120! 126 211 110' ; ! 92 66 $ 7.194 $ $ 50 $ 5,194 $ $ 5a $ 7.206 $ $ 174 $ 20,994 $ $ 104 $ 12,032 $ $ 44 $ 4,956 $ 17,825 $ 104 $ 11,172 $ $ 132 $ 16,224 $ $ 3a4 $ 46,014 $ a7,125 $ 140 $ 15.824 $ $- 260 $ 30,096 $ $ 101 $ 12,504 $ $ 52 $ 5,792 $ $ 32 $ 3,632 $ $ 56 $ 6.120 $ $ 40 $ 4,560 $ $ 26 $ 2,954 $ -$ 104 $ '10.924 $ $ IU $ 93,106 $ $ g-e,+s---- aN 467 $ 6,361 360 $ 7.566 l,31a $ 22,312 663 rs- 208 $ 1,156 $ 624 $ 2,671 $ '~~ 92,9.!l~ 13,028 16.646 135,580 1.264 $ 17,088 2.661 $ 32,957 1.007 $ 13.511 461 ~~{ 461 $ 4.093 326 $ 7.148 759 $ 5.319 -~~~ f-~ 1,366 $ 101,461 -r:~:;~_~ - FINALIZE PLANS, SPECIFICA nONS & BID DOCUMENTS . ~.. ~ . 1,0<< A -in=-house -ReVIew :=:~~J:~:.::=i==~-=-~~:::==---=t::=:=::~i-=::=~~:t=~:~:~==:==t:==--==-~==:=t=:~=--===---i=--=~:.===-J---=I:===-~ 120 $ 14,196 $ $ $--15,940 s' -~- ~:~ 'ReYI-e~----- ----~----_._~-~ 36 $ 4,164 $ $ 759 $ '- 4.923 .._~----~ 4 I e I - J 16 i - ! _ ; _ I 8 C Finalize Docu-men~ :~:::!f=:+::==l}:=:=::-:i=::=~:::::~~::::=::::=F:=::=f~.:==:::F==::=:::::::-..::==~::=:=::--:=-+..:.=. : .=:::.+=~---.2r---~. 136 $ 16,176 $ $ 1.917 +__~_.!1!61. 0 ." "-CoSt-Esl~mate.----~-----~ ---- --.-------- 30 $ 3.636 $ ~303 $ 3.941 Subtotal 40 60 64 ! 100 ! 24 j I ! 44 322 $ 31,174 $ $ 4,092 $ 42,966 PROJECT TOTAL 208 62 252 212 476 284 36 168 Z \N"...6u'''',,~~\Fr''j:!<lut\C.ty "f e''''''''r1,,~\2CI00 Wat.r Mam ImPfo~.m"nl.l\8RI.4 _ 2006 Wale. Main Impr,,~.m.n15 _ Fee E'bm,t"..1a 7r2.ff2007.f;:9p1,4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL # 07- 223 Sf DATE SUBMITTED: August 31, 2007 ........................................................................................ SUBJECT: Renewal of Annual Funding Commitment to Admiral Theatre Foundation Committee Meeting Date: 9/12/2007 COUNCIL MEETING Date: 9/19/2007 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City entered into a First Addendum to Operating Agreement with the Admiral Theatre Foundation in December of2001 for the purposes of providing ongoing funding for the operations of the Admiral Theatre and to clarify the conditions under which the continuation of funding support would be provided. Provisions in this agreement call for the City Council to renew its commitments to the $90,000/year funding amount every three years throughout the term of the contract. The agreement anticipates that the commitment will be renewed after each three year review, so long as the Foundation has used the funds in the manner anticipated and met the ongoing requirements of the contract. A three year review of the contract has been recently completed by City staff and it is the recommendation of the Director of Financial Services that the City Council renew its commitment of the current funding amount of $90,000 per year. A TT ACHMENTS: Explanatory Memo and Submitted Report from the Admiral Theatre Foundation. FISCAL IMPACTS (Include Budgeted Amount): Ongoing commitment of $90,000 per year from the City's collected hotel/motel tax. Adopted budgets have provided for this financial expectation. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ':R! GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to renew the City of Bremerton's commitment to the Admiral Theatre Foundation per Contract No. 3223 in the amount of$90,000 per year subject to the ongoing terms and conditions of the agreement. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action . .b _ ~_. :m;......,...".^~i:i , iii . Iii .. ~. i.! ,. ~ ,:! ': n t ~~,~'''''"'''''-_~" "".' ,'-""""'~.,.1_l:..,111 " Memorandum To: City Council Members ! Mayor Cary Bozeman From: Laura Lyon, Director of Financial Services Re: Admiral Theatre Agreement - 3 Year Contract Review Date: August 29, 2007 In December of 2001 the City of Bremerton entered into the "First Addendum to Operating Agreement with the Admiral Theatre Foundation" for the purposes of providing ongoing funding for the operations of the Admiral Theatre and to clarify the conditions under which the continuation of funding support would be provided. The summarized terms of the agreement are as follows: Term - Expires on September 27, 2040 Building Maintenance - The Foundation is solely responsible for maintaining the theatre property and improvements therein in good condition. The City shall have no responsibility for building maintenance, repairs, or damage to the structure, except to the extent insurance proceeds are available to cover any loss. Financial Contribution - Commencing in calendar year 2002 the City shall pay to the Foundation Ninety Thousand Dollars ($90,000.00) and a like amount each and every year thereafter. Provided, however, the obligation to pay this amount is conditioned upon the following: a) The Foundation properly maintaining the Theatre and its facilities; b) The Foundation continuing to market and provide performing and visual arts at the Theatre on a full-time basis, including education and cultural events; c) The Foundation making available to the City all financial information deemed appropriate to determine that the Theatre is using its funds in accordance with its non-profit purpose and the purpose of the City's existing agreements with the Foundation; d) The Foundation providing to the City an external audit on a bi- annual basis, commencing in 2003, and the results of that audit showing no significant irregularity; e) The City's hotel/motel tax generates at least $90,000 each year for each 2% of tax imposed; and f) The City Council, in 2004, and every three (3) years thereafter, renews its commitment to the above referenced funding amount or such other amount as it deems within the best interest of the City and its citizens. It is anticipated that the $90,000 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation. The first three year review in 2004 was not conducted by the City as anticipated by the terms of the agreement. It was noted in December of 2005 (while updating the final payment schedule for the interagency loan between the City and the Foundation) that this review was needed and the City Council directed the Director of Financial Services to ensure that the required next three year review (due in 2007) was completed. Accordingly, I have undertaken the review performing the following steps in that process: 1. Reviewed the terms of the contract - noting conditions for continued funding 2. Requested and received internally generated financial reports from the Foundation for the previous 3 year period and the most recent audited financials (year ended August 31, 2006) 3. Conducted an onsite interview and facilities walk through with Ruth Enderle (Executive Director) and Brian Johnson (General Manager) on June 27,2007. 4. Requested and received on July 6th a recap report from the Foundation outlining actions taken to comply with the agreed upon conditions, including a recap of events conducted in the facilities over the past three year period (report attached) 5. Reviewed current Admiral Theatre Foundation website - noting freshness of information and general program/event marketing contained therein. After reviewing the information collected, I have concluded the following: a) Maintenance of the facilities appears to be adequate. Some repairs and maintenance needs were noted, however, the most pressing items are scheduled to be attended to before the end of 2007. Items to be completed in 2007 include roof repairs, HV AC repair/upgrades; and sound system upgrades. Noted but not immediately scheduled for attention is the need to waterproof the exterior of the building. b) Marketing and provision of performing visual arts (including education and cultural events) have been increasing over the past three year period - with the 2006-2007 season being the largest in offered events to date. However, the theatre expects that the number of events each year will likely remain at or near this current level - as each event requires set up and tear down time and adding more events beyond the current level would not allow adequate time for these activities. The theatre provides a main stage season each year, as well as two film series, and a school day 2 series. A significant number of community events, private events, and commercial events are also hosted each year. Complete listings of the events offered and hosted were provided and reviewed in the conduct of this contract review. The following is a recap of events offered and marketed in the current three year period: f~~I~~~::t~_~.--_-r~2-ii~_f~]~ 1~20a~ol c) Financial information has been made available to the City as requested and as deemed appropriate to determine that the Theatre is using funds in accordance to Agreement expectations. d) The Foundation provided to the City external audit reports when requested. The audit report was prepared by Clarke Whitney, P.S. Certified Public Accountants for the year ended August 31, 2006 and included an unqualified opinion with no significant irregularities noted. The terms of the Agreement require that the Foundation provide these audited financials on a biannual basis. In practice, the reports were readily provided upon request but have not routinely been submitted to the City. In order to properly comply with the expectations of the Agreement, the Foundation will be requested to place the City on an automatic distribution list for audit reports and City staff will place a tickler in the City's contract file to ensure receipt of such occurs. e) The City's hotel/motel tax generated more than $90,000 each year for each 2% of tax imposed. The following is the hotel/motel tax receipts for the period 2002 through 2006: Cit of Bremerton Lod Year 2002 2003 2004 2005 2006 2007 Bud et in Tax Recei ts Amount $ 255,395 $ 203,140 $ 256,068 $ 317,825 $ 333,577 $ 300,000 Based upon the results of this review and given that the Agreement expressly anticipates that the $90,000 commitment will be renewed after each three (3) year review, so long as the Foundation has used the funds in a manner that the Council deems as promoting the best interests of the City and its citizens and the purposes of the Hotel/Motel tax enabling legislation - it is my recommendation that the City Council renew its commitment to the current funding amount of $90,000/year with staff to conduct the next three year review in 2010. Attachment - July 6, 2007 Summary Report Submitted by Admiral Theatre Foundation CC: Ruth Enderle, Executive Director of the Admiral Theatre 3 July 6, 2007 A.:\, fi\l.... ~{rt It R!,~ A~ II , ': 1V~.;l"~~l ~." t1\ II " ",""I:; ". ,.,. ",.~ <it ,1I>. ' '~~". ,~, -- "L r () r :\ n ,\ BO;;PD ,:'F D1Rb':TORS Joanne Haselwood, Chairman Jerry Reid, President Donna Gay Boyle, Vice Pl'esldent Lon Johnson, Vice President Judith Rammel, Vice President Earle Smith, Secretary Greg Meyer, Treasurer Ruth Enderle, Executlv'= Director Bryant Arnoid Brian Buskirk LOUise c"amer Kyle Cruver Michael Huey, DMD Kyle Kincaid Leslie Krueger Abrahilm Laners Vickie Levi Patncia J. Lund Marilyn Mantzke Paul McCullough, MD Norman McLoughlin John Mitchell Rodney B. Near Sean Olmsted Kimberly Ruona, DDS Tim Ryan Gussie Schaeffer Helen Langer Smith Ed Wolfe 11-1 f'H:M()f,i"\1~1/ FCU~ir)lN(, CHAiR A, H. "Ike" Pal'ker H{JNiJrUJ.r~Y Fur-.j[.rr<AlSINC C)1AJR Congressman Norm Dicks THf- Aor''I!RAL Tdf-,1.fR!: REcrIVFS Gf:NfRGUS SUPPORT FROM THE CrTY OF Br<EHERTON M-lG K1TSAP COUNTY. CITV ell: Bf{~rif:fnON Mayor Cary Bozeman Cr fY COlJNlJL Will Maupin, PreSident (Dlst 8) Brad Gehnng, Vice President (Dist 1) Cecil McConnell (Dlst 2) Adam C. Brockus (Dist 3) W8ndy Priest (Dlst 4) Mlk8 Shept;E'rd (Dist 5) Dianne Robinson (Dlst 6) Carol Arends (Dist 7) Nick Wofford (Dist 9) Kirs/.p CG1J~~TY SOAfeD Of C()r.lI"1rSSiDU~~c, ChriS Enc1resen, Chalf Jan Angel Josh Brown -- -----", Laura Lyon, Director of Financial Services City of Bremerton 345 Sixth Street, Suite 600 Bremerton, Washington 98337 Dear Ms. Lyon: Thank you for taking the time to meet with me regarding the agreement between the Admiral Theatre Foundation and the City of Bremerton. On behalf of the Admiral Theatre Foundation Board of Directors, the following report is submitted for your review. As our fiscal year ends on August 31, the information presented covers the period beginning September 1, 2004 through today's date, with projections through August 31, 2007. FACILITY - The Foundation has kept the Admiral Theatre building in excellent condition. As we begin our tenth season, the theatre is requiring work in several major areas including: roof repair; HVAC repair/upgrades; sound system upgrades and exterior waterproofing. It is expected that roof repair, HVAC repair and sound system upgrades will be completed by September 2007. In 2005, the Foundation purchased the building adjacent to the theatre on the west side and invested more than $2 million to connect the two buildings and create a backstage and loading area, production work spaces, artist dressing rooms and a multi-purpose community room. FINANCE - The Foundation budget has grown only slightly in the past three years, due to the Board's policy of responsible fiscal management. The current year budget is $1.3 million. As compared with other theatres in the region, the Admiral Theatre is in extremely good financial condition and operates efficiently. It receives less than 10% of its budget from public sources - a notable exception among Washington State theatres. Staff is often asked to lead seminars and workshops on funding and budget issues and the Admiral Theatre is well known 515 Pacific Avenue · Bremerton, Washington 98337 . (360) 373-6810. FAX (360) 405-0673 www.admiraltheatre.org Laura Lyon, Director of Financial Services City of Bremerton July 6, 2007 Page 2 and respected throughout the region for its ability to offer quality and affordability to the community. One measure of theatre quality is the fees paid to professional artists each season. The Admiral Theatre spends more than $300,000 each season to bring professional performances to Bremerton. This risk is completely underwritten by sponsors. BOARD OF DIRECTORS - The Admiral Theatre Foundation is fortunate to have some of the most influential businiess and civic leaders as its Board members. They are responsible for setting policy, financial oversight and raising more than $600,000 annually to support the theatre's program. The Board of Directors includes two CPAs, two attorneys, 15 business owners, 5 banking/ investment professionals, one marketing professional, 29 committed community supporters, and Congressman Norm Dicks as Honorary Fundraising Chairman. Each and every Board member honors the Foundation's Vision and Mission Statement, which are: VISION STATEMENT The Admiral Theatre is a symbol of the pride we hold in our West Sound community. MISSION STATEMENT The Admiral Theatre Foundation pledges that the Admiral Theatre shall be the primary link in the encouragement and development of the cultural, civic and entertainment horizons of the entire West Puget Sound. The principles upon which we shall make all our decisions are based in the following core values: A well-equipped and well-maintained performing arts facility for community use Presentation of a selection of arts performances to meet the needs of the community Responsiveness to the needs and interests of local arts and community groups Operation that is fiscally responsible Laura Lyon, Director of Financial Services City of Bremerton July 6, 2007 Page 3 OPERATIONS - The theatre presents a mainstage season each year, as well as two film series, and a schoolday series. It also hosts a large number of community events, private events and commercial events each year. Following is the event history for the period: 2004-05 2005-06 2006-07 Presented Events 62 62 75 Client Events 35 38 49 TOTAL 97 100 124 As each event requires set up and tear down time, it is likely the number of events each year will remain at or near the current level. The Admiral Theatre Foundation is grateful for the support of the City of Bremerton and pledges to continue to provide service to the community which represents an excellent return on investment and which adds irreplaceable value to the lifestyle of our citizens. submitted, ~ Ruth Enderle Executive Director cc: Mayor Cary Bozeman, City of Bremerton Gary Sexton, City of Bremerton Economic Development Congressman Norm Dicks Enclosures: Board of Directors Roster Independent Auditor's Report and Financial Statements, August 31, 2006 Income and Expense Statements for Fiscal Years 2004-05, 2005-06 and 2006-07 Event Lists for 2004-05, 2005-06 and 2006-07 DA TE SUBMITTED: September 5, 2007 BILL# 07-:) ~ <f 6,A AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Ordinance No. 50;).3 amending BMC Chapter 11.02 relating to Right-Of-Way Use. Committee Meeting Date: September 12,2007 COUNCIL MEETING Date: September 19, 2007 Department: PW&U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Chapter 11.02 of the BMC discusses the issuance of right-of-way use permits. The proposed amendment emphasizes and clarifies the need for traffic control plans in construction areas of City streets and clarifies the language concerning deposits and performance bonds. ATTACHMENTS: 1. Council Summary; 2. Proposed Ordinance NO' 5o.2.~ FISCAL IMP ACTS (Include Budgeted Amount): None APPROVALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ... COMMITTEE CHAIR COUNCIL PRESIDENT: I} F -1)" ~~/k<<-:-- .-4 --. / CONSENT AGENDA D GENERAL BUSINESSN PUBLIC HEARING D RECOMMENDED MOTION: Move to approve Ordinance No. 5oJ., amending BMC Chapter 11.02. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY AMENDMENTS TO BMC CHAPTER 11.02 SUMMARY We have been using Chapter 11.02 of the BMC as written for several years. As we have applied this chapter of the BMC, we have realized there are some revisions that would make the enforcement easier for both the City and the Citizens. The following is a summary of the reVISIOns: 1. All permits shall have a traffic control plan submitted with the application. Proper traffic control is necessary to protect the traveling public when they enter a construction zone. 2. Construction of irrigation systems and landscaping in the right-of-way planter strip is exempt. When a homeowner is working in this area there is typically no danger to the public using the right-of-way 3. The permittee shall pay for parking stalls they use for construction activities in the downtown area that are pay stalls. 4. The contractor shall have a bond for 150% of the cost to restore improvements in the public right-of-way. Warranty bonds shall be required. City of Bremerton Amendment of BMC Chapter 11.02 September 2007 ORDINANCE NO. 5D;}.3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 11.02 of the Bremelion Municipal Code entitled "Right-Of-Way Use". WHEREAS, the City Council desires to update various provisions relating to right-of-way use; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.02.040 of the Bremerton Municipal Code entitled "Definitions" relating to right-of-way use is hereby amended to read as follows: 11.02.040 DEFINITIONS. The following words and phrases when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: A. "Citation and notice" means a written document initiating a proceeding pursuant to Chapter 1.12 BMC. B. "City inspector" means the designated employee(s) ofthe Department of Public Works and Utilities assigned to inspecting the permitted work. C. "City" means the City of Bremerton, Washington. D. "Complaint" means a written document initiating a procedure pursuant to Chapter 1.12 BMC. E. "Department" means the Public Works and Utilities Department or other Department designated by the Mayor. F. "Director" means the Director of Public Works and Utilities or his/her designated representative. G. "Emergency" means a condition of imminent danger to the health, safety, and welfare of property or persons located within the City including, but not limited to, damage to persons or property from natural or manmade consequences, such as storms, earthquakes, riots or wars. H. "Enforcement Officer" means the Director or his/her designated representative. 1. "Engineering Division" means the Engineering Division of the Department. 1. "Franchised utilities" means utilities that have City approval to use City rights-of- way for the purpose of providing their services within or beyond the City, whether by written franchise granted by the City, State tariff or other similar City authorization. K. "Notice of violation" means a document mailed to a permittee or unauthorized user and posted at the site of a nonconforming or unsafe condition. L. "Oral directive" means a directive given orally by City persOlmel designated by the Director to correct or discontinue a specific condition. M. "Permit" means a document issued by the City granting pennission to engage in an activity not allowed without a permit. N. "Permit Center" means the location for applying for permits. 1 Right-Of-Way Use O. "Pem1ittee" means the person so designated on the pennit application, or designee. P. "Person" means and includes corporations, companies, associations, joint stock companies or associations, firms, partnerships, limited liability companies and individuals and includes their lessors, tmstees and receivers. Q. "Private use" means use of the public right-of-way for the benefit of a person, partnership, group, organization, company, or corporation, other than as a thoroughfare for any type of vehicles, pedestrians or equestrians. R. "Policy" means a policy adopted by the Director to implement this chapter, or to carry out other responsibilities as may be required by this chapter or by other codes, ordinances, or resolutions of the City or other agencies. S. "Revocation" means the cancellation of a permit. T. "Right-of-way" means all public streets and property granted or reserved for, or dedicated to, public use for street purposes, together with public property granted or reserved for, or dedicated to, public use for walkways, sidewalks, bikeways, parking, and horse trails, whether improved or unimproved, including the air rights, sub-surface rights and easements related thereto. U. "Stop work order" means an oral directive or a written notice posted at the site of activity that requires all work to be stopped until the City approves continuation of work. V. "Suspension" means the temporary stay of a permit. W. "Underground location service" means the underground utilities location center that will locate all underground utilities prior to an excavation. X. "Unsafe condition" means any condition which the Director determines is a hazard to health, or endangers the safe use ofthe right-of-way by the public, or does or may impair or impede the operation or functioning of any portion of the right-of-way, or which may cause damage thereto. SECTION 2. Section 11.02.090 of the Bremerton Municipal Code entitled "Applications and Processing of Permits" relating to right-of-way use is hereby amended to read as follows: 11.02.090 APPLICATIONS AND PROCESSING OF PERMITS. A. To obtain a right-of-way use permit the applicant shall file an application with the Department. B. Every application shall include the following information appropriate to the proposed use: 1. A scale drawing showing the location of the proposed right-of-way use, the location of the existing and proposed improvements, surface features such as curbs and gutters, underground features such as the location of utilities, and the limits of the work area; 2. A description of the use; 3. The planned duration of the use; 4. Applicant contact information; 5. All other information which may be required as specified in policies adopted hereunder; 6. 76. Construction traffic control plan; An estimate of construction costs; and 2 Right-Of-Way Use ~-1. Payment of the required fees. C. The Director shall examine each application submitted for review and approval to detennine if adequate inforn1ation is provided and if it complies with the applicable provisions of this chapter and procedures adopted hereunder. Other departments that have authority over the proposed use activity will review and recommend approval or disapproval of the application. If the Director finds that the application conforms to the requirements of this chapter, he may approve the permit, and may impose such conditions thereon as are reasonably necessary to protect the public health, welfare and safety, to mitigate any impacts resulting from the use and to coordinate activities or address potential conflicts with future improvements in the area. D. All applications for permits must be submitted 10 working days or more prior to the start of work or as required to obtain other City permits. E. Upon submittal of a completed application the applicant shall provide the application fee per the fee schedule adopted by the City. Permittees who have an approved monthly billing status shall be billed accordingly. SECTION 3. Section 11.02.110 of the Bremerton Municipal Code entitled "Permit Exception" relating to right-of-way use is hereby amended to read as follows: 11.02.110 PERMIT EXCEPTION. A. A right-of-way use permit shall not be required of franchised utilities when responding to emergencies that require disturbance of the right-of-way typical of a Type B permit provided, that the Department shall be notified by the responding utility or contractor verbally or in writing, as soon as practicable following onset of an emergency. Nothing herein shall relieve a responding utility or contractor from the requirement to apply for a right-of-way use permit as provided in this chapter within 48 hours after beginning emergency work in the right-of-way. B. Permits shall not be required for routine maintenance and construction work performed by the City. C. Permits are not required for City Public Works and Utility Department construction projects. D. Permits are not required for the ordinary construction and maintenance of landscaping or irrigation systems in the planter strip of the right-of-way. Blockage of the right- of-way associated with ordinary maintenance oflandscaping requires the appropriate permit. SECTION 4. Section 11.02.190 of the Bremerton Municipal Code entitled "Warning and Safety Devices" relating to right-of-way use is hereby amended to read as follows: 11.02.190 WARNING AND SAFETY DEVICES. A. The permittee is responsible for the safety of the work area and shall provide and maintain warning lights, safety devices, signs and barricades shall be provided by the permittee on all rights-of-way when at any time there might be an obstruction or hazard to vehicular or pedestrian traffic in accordance with the Specifications. Warning and safety devices may be removed when the work for which the right-of-way use permit has been granted is complete and the right-of-way restored to the conditions directed by the Department. B. The Director may require an applicant te-shall submit a traffic plan showing the proposed shoulder closures, lane closures, detour routing, parking removal and location and type 3 Right-Of-Way Use of waming lights, safety devices, signs and barricades intended to protect vehicular or pedestrian traffic at the site for which the right-of-way use permit is requested. If a traffic plan is required, ne-No work in the right-of-way use pennit will be issued allowed until the traffic plan is approved. C. The Director may require that the permittee provide a person certified as a Washington State Traffic Control Flagger be on site during construction activities to monitor the setup and maintenance of the waming and safety devices. D. On right-of-way use permits that require a flagger for the purpose of traffic control during the construction, the flagger will be either a properly attired and certified Washington State Traffic Control Flagger, or an off-duty law enforcement officer. E. All decisions of the City inspector shall be final in all matters pertaining to the number, type, location, installation, and maintenance ofwaming and safety devices in the public right-of-way during any actual work or activity for which a duly authorized right-of-way use permit has been issued. Lack of notice or comment by the City on the waming and safety devices does not relieve the permittee of responsibility for the safety of the work area. SECTION 5. Section 11.02.200 of the Bremerton Municipal Code entitled "Temporary Parking Restriction Notification" relating to right-of-way use is hereby amended to read as follows: 11.02.200 TEMPORARY PARKING RESTRICTION NOTIFICATION. A. Where the Director determines that parking is a hazard to through traffic, or to the construction work or other right-of-way activity, parking may be restricted either entirely or during the time when it creates a hazard. B. Parking restriction signs shall be placed at least 72 hours in advance of parking removal, with the start date of the "no parking" clearly shown. The area to berestricted shall be clearly marked with Type I barricades carrying signs that give the specific period (dates and times) that the area is to be free of vehicles. Signs shall be large enough to be easily read from a distance of 50 feet and shall advise where impounded vehicles will be stored or indicate a 24- hour telephone number for obtaining that information. C. The permittee shall be responsible for placement and maintenance of the signs. Placement of the signs shall be as approved by the Director. The permittee shall notify the Gity Director by telephone or otherwise when the signs are placed. No towing of vehicles shall occur unless the signs are placed at least 72 hours prior to the beginning of the restricted parking. D. All signs must be approved by the Director prior to placement, and must conform generally to the following wording: WARNING! TOW AWAY ZONE NO PARKING FROM: DATE & TIME TO: DATE & TIME FOR CONSTRUCTION WORK ALL VEHICLES REMAINING WILL BE TOWED (IMPOUND INFORMATION) E. In areas where parking spaces must be used in which fees are collected by the City for parking. the applicant shall pay the appropriate fees for uses of the parking spaces. No permit shall be issued until the applicant shows proof of payment for the parking spaces. 4 Right-Of-Way Use SECTION 6. Section 11.02.210 of the Bremerton Municipal Code entitled "Materials Testing" relating to right-of-way use is hereby amended to read as follows: 11.02.210 MATERIALS TESTING. Material tests may be ordered by the Director to assure conformity with the specifications. Material tests may include, but are not limited to: gradation analysis, compaction testing, concrete strength, asphalt content analysis and pipe strength. When ordered by the Director, the permittee shall have the material test performed by a certified laboratory and the results provided to the GttyDirector. Location and timing of material testing shall be coordinated with the Director. SECTION 7. Section 11.02.220 ofthe Bremerton Municipal Code entitled "Performance and Warranty Deposits" relating to right-of-way use is hereby amended to read as follows: 11.02.220 PERFORMANCE AND WARRANTY DEPOSITS. A. Performance Deposit. A performance deposit may-shall be required to ensure conformance with the plans, specifications, standards, permit requirements, development guidelines and other requirements. The minimum amount of the performance deposit shall be 150% of the estimated value of the work er-and the estimated cost to repair damagerestore existing improvements as determined by the Director. Performance deposits shall not be released until a warranty deposit, if required, is received. B. Warranty Deposit. A warranty deposit may-shall be required to warrant the workmanship and material of constructed improvements in the right-of-way for a period of two years. The minimum amount of the warranty deposit shall be twenty (20) percent of the value of the actual construction costs. C. Deposit Instruments. The deposit instrument for the performance or warranty deposit shall be cash, a non-revocable letter of credit, an assignment of funds, bond or other readily accessible source of funds approved by the City Risk Manager. The deposit instruments shall be on a form acceptable to the City Risk Manager. Any issuer of a deposit instrument shall pay invoices presented by the City pursuant to this chapter within forty-five (45) days. A bond will be accepted only for amounts over one thousand dollars ($1,000.00) or when State law requires a bond. Interest on deposited funds will accrue to the benefit ofthe depositor, except that any interest earned on a cash deposit will be retained by the City for account administration. D. Notice oflncomplete or Defective Work. If the permitted work is determined to be incomplete or defective, damage of existing improvements is observed, a defect is observed during the warranty period or other activities which do not comply with the permit and require corrective action by the permittee as determined by the Director, the Director shall notify the applicant in writing prior to applying proceeds of the deposit to correct the work. The notice must state: 1. The work that must be done or the improvement that must be made to comply with the requirements of the permit or deposit; and 2. The amount of time that the applicant has to commence and complete the required work or improvements; and 5 Right-Of-Way Use 3. That, if the work or improvements are not commenced and completed within the time specified, the City will use the proceeds of the deposit to have the required work or improvements completed. E. Default on Deposit. 1. If the work or improvements covered by the deposit are not completed within the time specified in the notice given under this chapter, the City shall obtain the proceeds of the deposit and do the work or make the improvements covered by the deposit. The City may either have employees of the City do the work or make the improvements or have a contractor do the work or make the improvements. 2. If at any time the Director determines that actions or inaction associated with any permit work has created an emergency situation endangering the public health, safety, or welfare, creating a potential liability for the City, or endangering City streets, utilities, or property; and if the nature or timing of such an emergency precludes the notification of applicants as provided in this chapter while still minimizing or avoiding the effects of the emergency, the City may use the deposit to cover costs incurred by the City to correct the emergency situation. The City may either have employees of the City do the work or make the improvements, or have a contractor do the work or make the improvements. If the City uses the deposit as provided by this section, the applicant shall be notified in writing within four (4) working days of the commencement of emergency work. The notice must state the work that was completed and the nature or timing of the emergency that necessitated the use ofthe deposit without prior notification. 3. The permittee is responsible for all costs incurred by the City in doing the work and making the improvements covered by the deposit. The City shall release or refund any proceeds of a deposit remaining after subtracting all costs for doing the work covered by the deposit. The permittee shall reimburse the City for any amount expended by the City that exceeds the deposit. 4. In each case where the City uses any of the proceeds of the deposit, it shall, within thirty (30) days, provide the owner of the permit an itemized statement of all proceeds and funds used. SECTION 8. Section 11.02.260 of the Bremerton Municipal Code entitled "Nuisance in the Right-Of-Way" relating to right-of-way use is hereby amended to read as follows: 11.02.260 NUISANCE IN THE RIGHT-OF-WAY. A. Debris and Spilled Loads. 1. The owner or operator of any vehicle that has spilled, dropped, dumped or in any manner whatsoever deposited any matter ("debris") upon the right-of-way shall cause the right-of-way to be cleaned using suitable methods to the satisfaction ofthe DepartmentDirector. Upon failure to do so the Department Director may cause to have cleaned the right-of-way and the costs thereof shall be charged to the person or persons so responsible. The Department has the authority to designate haul routes and time of day for operations involving hauling over public right-of-way. 2. Earth-hauling contractors, builders, or anyone else utilizing vehicles upon rights-of-way shall provide persons or equipment to keep the right-of-way clean at all times to the satisfaction of the Department. Upon failure to do so, the Department may issue an 6 Right-Of-Way Use immediate stop work order, revoke City permits, and the responsible person or persons may be directed to immediately clean the right-of-way to the satisfaction of the Department. Upon failure to do so the Department may cause to have cleaned the right-of-way and charge the costs thereof to the person or persons so responsible. B. Unauthorized Property. 1. Any object, equipment, structure, or personal property ("property") which occupies any right-of-way without the legal authorization required by this chapter is declared a nuisance. The Department may attach a notice to any such property stating that if it is not removed from the right-of-way within twenty-four (24) hours of the date and time stated on the notice, the property may be taken into custody and stored at the owner's expense. The notice shall provide an address and phone number where additional information may be obtained. If the property is a hazard to public safety, it may be removed summarily by the City. Notice of such removal shall be thereafter given to the owner, ifknown. 2. All expenses incurred by the City in abating the nuisance condition or any portion thereof, or to repair any damage to the right-of-way, shall constitute a civil debt owing to the City jointly and severally by such persons who have been given notice or who own the property or placed it in the right-of-way, which debt shall be collectable in the same manner as any other civil debt. C. Enforcement. If the nuisance debris or property has not been removed or remedied as directed above or in lieu of the above, the Director may seek enforcement pursuant to BMC 11.02.320. SECTION 9. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 10. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2007 WILL MAUPIN, Council President Approved this day of ,2007 CARY BOZEMAN, Mayor 7 Right-Of-Way Use ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2007 ,2007 R:\Legal\LegaI\Ordinances\Public Works & Utilities\Right of Way Use Ordinance.07.24.07.doc 8 Right-Ol-Way Use BILL # ()7- 22-5 DATE SUBMITTED: September 19, 2007 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (bB ........................................................................................ Committee Meeting Date: ~c-e. - Co v nc\ \ 9./1 q /07 COUNCIL MEETING Date: September 19,2007 Department: Public Works & Utilities Presenter: Phil Williams Phone: 473-5315 SUBJECT: Former Chevron Property Agreed Order with Washington Department of Ecology SUlVIMARY: The City has received the final Agreed Order from the Washington Department of Ecology for conducting a remedial investigation/feasibility study and interim action plan in order to develop a final cleanup action plan of the former Chevron property. ATTACHMENTS: Proposed Agreed Order for Remedial Investigation/Feasibility Study and Interim Action FISCAL IMPACTS (Include Budgeted Amount): The total cost of remediation of the Chevron Property is estimated to be $2.7 million. It is expected that the City will be reimbursed for at least 75% of this cost which would leave the City's expense as $675,000. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: /I!?~~.- CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Agreed Order for RerQ-CJW,\q..v-.eG Investigation/Feasibility Study and Interim Action and authorize the Mayol~o execu'te the order with substantially the same terms and conditions as presented. / / COUNCIL ACTION: ~pprove 0 Deny 0 Table o Continue 0 No Action ST ATE OF WASHINGTON DEP.4.RTMENT OF ECOLOGY In the Matter of Remedial Action by: AGREED ORDER for REMEDIAL INVESTIGATION/FEASIBILITY STUDY and INTERIM ACTION - Chevron Tank Farm Port Washington Narrows CHEVRON TANK FARM PORT WASHINGTON NARROWS No. DE-07TCPHQ-5024 TO: The City of Bremerton Public Works Department 3027 Olympus Drive Bremerton, Washington 98310 r [~'~.~ ;":,;-..,:,,,' ~,._.t,.,::-;,..~~.'.' ~ l: 3 M ~ <l\ :. ~~ ~""~_;, . ~ '\ii"I:' [) AUG :3 0 2007 TABLE OF CONTENTS i?'"'-> H'f ,.,..~.[ R~< ", ,..~.. . ~...~'? \J~ ...J!t;r1 ;l~rfc~r~ Cit.,{ l\ttnrnt:'.\!;~ rtfni~""" 1 . ~ _k.. \......, '"" ....!..l:"'W'~"- I. INTRODUCTION ............ .................................................................... ........................ .........3 II. JURISD ICTTON ........................................................................ ................. ........................ ...3 III. PARTIES BOUND................................................................................... .... ........ .......... .......3 IV. DEFINITIONS.............................. ................. ........................... ............................................3 V. FINDINGS OF FACT.............. .......... .......... ......... ....................... ........... .............. ........ ..... ...4 VI. ECOLOGY DETERMINA nONS..... ............. ............................. ..... ............. .......................6 VII. WORK TO BE PERFORMED ....................... ..... ..... ............................ .............. .................. 8 VIII. TERMS AND CONDITIONS OF ORDER .................................................................. ..... ...8 A. Public Notice........................ ............ .............................................................................. 8 ,B. Remedial Action Costs........................................................................................ .......... 9 C. Implementation of Remedial Action..............................................................................9 D. Designated Project Coordinators.................. ........................................... ........... .........10 E. Performance .................................................. ...............................................................1 0 F. Access............................................................................................................ ............ ..II G. Sampling, Data Submittal, and Availability............ ........ ............................................12 H. Public Participation..................................................................................................... .12 I. Retention of Records................................................................................................... .14 Agreed Order No. DE-07TCPHQ-5024 Page 2 of21 J. Resolution of Disputes. ....... .......... ............... .............................................................. ..14 K. Extension of Schedule... ............................ ...................... ............................................ .15 L. Amendment of Order... ...... ........... .......... ........... .......... ......... ............. ........................ ..16 M. Endangerment........... .... .............. .......................................................................... .......17 N. Reservation of Rights.......... ............................ ...................................... ....... ................17 O. Transfer of Interest in Property .............................. ............................................... ..... ..18 P. Compliance with Applicable Laws............................ .......................... .............. ..........19 Q. Indemnification ........................ ... ...... ..................... ............... .......... ..... ........ ..... ......... ..20 IX. SATISFACTION OF ORDER ................................ ............................................................20 X. ENFORCEMENT ...............................................................................................................20 EXHIBIT - A Site Diagram EXHIBIT - B Scope of Work, Wark Plan & Schedule EXHIBIT -C Applicable, Relevant and Appropriate Requirements EXHIBIT -D Policy 840 (Data Submittal Requirements) A TT ACHMENT -1 June 2005, Due Diligence Investigation ATTACHMENT-2 Groundwater Monitoring Results (1988 through 2003) ATTACHMENT-3 March 1994, Supplemental Soil Investigation Results ATTACHMENT-4 November 1991, Soil Vapor Extraction System Results ATTACHMENT-5 July 1991, Site Hazard Assessment Results ATTACHMENT-6 March 1989, Soil investigation Results induding some Product Recovery A TT ACHMENT -7 November 1988, Soil and Groundwater Investigation Results Agreed Order No. DE-07TCPHQ-5024 Page 3 of 21 I. INTRODUCTION The mutual objective of the State of Washington, Department of Ecology (Ecology) and the City of Bremerton (the City) under this Agreed Order (Order) is to provide for remedial action at a facility where there has been a release or threatened release of hazardous substances. This Order requires the City to conduct a remedial investigation/feasibility study (RIfFS) to collect, develop and evaluate sufficient information to develop a final cleanup action plan (CAP) for the Site, and to prepare a draft CAP. In addition, the City is required by this Order to conduct an appropriate interim action to address the contaminated soils. Ecology believes the actions required by this Order are in the public interest. II. JURISDICTION This Agreed Order IS issued pursuant to the Model Toxics Control Act (MTCA), RCW 70.105D.050(1). III. PARTIES BOUND This Agreed Order shall apply to and be binding upon the Parties to this Order, their successors and assigns. The undersigned representative of each party hereby certifies that he or . she is fully authorized to enter into this Order and to execute and legally bind such party to comply with this Order. The City agrees to. undertake all actions required by the terms and conditions of this Order. The City shall provide a copy of this Order to all agents, contractors, and subcontractors retained to perform work required by this Order, and shall ensure that all work undertaken by such agents, contractors, and subcontractors complies with this Order. IV. DEFINITIONS Unless otherwise specified herein, the definitions set forth in Chapter 70.1 05D RCW and Chapter 173-340 WAC shall control the meanings of the terms in this Order. A. Site: The Site is referred to as Chevron Tank Farm Port Washington Narrows and is generally located at 1310 Highland Avenue in Bremerton, Washington 98310. The Site is defined by the extent of contamination caused by the release of hazardous substances at the Site. Based upon factors currently known to Ecology, the Site is more particularly described in Agreed Order No. DE-07TCPHQ-5024 Page 4 of21 Exhibit A to this Order, which includes a detailed Site diagram and the location map. The Site constitutes a Facility under RCW 70.105D.020(4). B. Parties: Refers to the State of Washington, Department of Ecology and the City of Bremerton. C. Potentially Liable Person (PLP): Refers to the City of Bremerton. D. Agreed Order or Order:. Refers to this Order and each of the exhibits to this Order. All exhibits are integral and enforceable parts of this Order. The terms "Agreed Order" or "Order" shall include all exhibits to this Order. v. FINDINGS OF FACT Ecology makes the following findings of fact, without any express or implied admissions of such facts by the City: A. The Chevron Tank Farm Port Washington Narrows site (the "Site") is located at 1310 Highland Avenue, Bremerton, Washington (the "Property") and consists of approximately 1.5-acres. The Property is bounded on the northeast by the Port Washington Narrows, on the northwest by a small inlet (Smith Cove), on the southeast by a residential area and on the southwest by a mixed residential and business area. (Exhibit-A). From approximately 1950 until 1988, Chevron operated a bulk storage and distribution center for petroleum products on the property, including a fuel distribution dock. E. Currently the City of Bremerton owns the Property and it is a vacant piece of land. (Exhibit-A). C. In June 2005, Parametrix conducted a Due Diligence Investigation for the City of . Bremerton to evaluate the then-current conditions at the Site.' The evaluation included a comprehensive summary of site investigation, previous remediation efforts, data gaps, additional investigations, a number of potential remedial alternatives and recommendations for the property's acquisition. (Attachment-1). D. Eighteen groundwater monitoring wells were placed on the site; sixteen remain. From October 1988 to October 2003, a total of thirty-one rounds of quarterly, semiannual and/or annual groundwater sampling have been conducted at the site. All of these groundwater samples Agreed Order No. DE-07TCPHQ-5024 Page 5 of21 were analyzed for total petroleum hydrocarbons-gasoline (TPH-G), TPH-diesel (TPH-D), TPH- Oil (TPH-O), benzene, ethylebenzene, toluene, xylenes (BETX) and dissolved lead. Results of the latest round of groundwater sampling (October 2003) showed elevated concentrations of TPH-G (9,000 ug/l), TPH-D (32,000 ug/l), TPH-O (5,200ug/l) and benzene (700 ug/l). These concentrations exceed MTCA Method-A cleanup levels of 800 ug/l (TPH-G), 500 ug/l (TPH-D and TPH-O) and 5 ug/l (benzene). (Attachment-2). E. In March 1994, Chevron Company conducted a Supplemental Site Assessment. As a part of this investigation, nine soil borings were drilled and six borings were converted into groundwater monitoring wells. A total of thirteen soil samples were selected and sent to an off- site laboratory for TPH-G, TPH-D, TPH-O, polycyclic aromatic hydrocarbon (PAHs) and total lead analysis. Some of the soil samples showed elevated concentrations of TPH-G (1,300 mg/kg), TPH-D (11,000 mg/kg) and PAH range of 1.2 mg/kg to 24 mg/kg. These concentrations exceed MTCA Method-A cleanup levels of 100 mg/kg, 2,000 mg/kg and 0.1 mg/kg (prorated to benzo(a)pyrene with toxicity equivalent factors). (Attachment-3). F. In November of 1991, Hart Crowser (Chevron's consultant) installed a soil vapor extraction (SVE) system to remove the volatile organic compounds (VOCs) from the soils. The system included eleven dedicated extraction wells and five groundwater monitoring wells. The SVE system was operated from November 1991 through December 1994. Because of the low VOC recovery the system was turned off in December 1994. During this period a total of approximately 195,000 pounds of VOCs were extracted and the thickness of product was reduced in some of the groundwater monitoring wells. (Attachment-4). G. In July 1991, Ecology conducted a site hazard assessment investigation. As a part of this investigation groundwater, sediment and shellfish samples were collected. These samples were analyzed for TPH-G, TPH-D, BTEX, semivolatile organic compounds (SVOCs) and total lead. Groundwater results showed: total TPH (5,660 ug/l), benzene (2,420 ug/l), toluene (4,390 ug/l) and nitrobenzene (152 cug/l). Results of sediment samples (all compounds) were below their practical quantitation limits (PQL). Since PQLs were higher than the Sediment Management Standards, it does not preclude the presence of these compounds in the sediments Agreed Order No. DE-07TCPHQ-5024 Page 6 of21 exceeding the marine Sediment Management Standards. In addition, total TPH (100 mg/kg - 412 mg/kg), xylene (78 ug/kg - 103 uglkg) and lead (11.3 mg/kg - 53.3 mg/kg) were also detected in sediment samples. (Attachment-5). H. In May 1989, Chevron conducted soil investigation and Phase-l remediation (some product removal). Nine test pits were excavated and a total of eighteen (18) soil sanlples were collected for TPH-G, TPH-D and total hydrocarbon identification (HCID) analysis. Elevated levels of TPH-G (25,000 mg/kg) and TPH-D (5,800 mg/kg) were detected in soil samples. In addition, measurement of free phase hydrocarbon thickness revealed the presence of approximately 3 to 4 feet of free product at certain locations on the site. A total of 47 gallons of free product was removed during a period of one year. (Attachment-6). 1. In November 1988, Chevron conducted a soil and groundwater investigation. As a part of this investigation,. twelve (12) exploratory borings and seven (7) test pits were installed and a total of seventeen (17) soil samples were collected for TPH-G, TPH-D and BTEX analysis. Elevated levels of TPH-G (4,300 mg/kg), TPH-D (17,000 mg/kg), benzene (3.4 mg/kg), toluene (15 mg/kg), ethylbenzene (3.1 mg/kg) and xylenes (12.4 mg/kg) were detected exceeding their MTCA Method-A cleanup levels of respectively, 30 mg/kg, 2,000 mg.kg, 0.03 mg/kg, 7 mg/kg, 6 mg/kg and 9 mg/kg. (Attachment-7). Nine of the above-mentioned twelve borings were converted into groundwater monitoring wells and groundwater samples were collected for total petrolewn hydrocarbon (TPH) and BTEX analysis. TPH, BTEX concentrations of 1,742 ug/l, 6100 ug/l, 19,000 ug/l, 2900 ug/l and 23,000 ug/l were detected respectively. These concentrations exceed MTCA Method-A cleanup levels of 800 ugll (TPH), 5 ug/l (benzene), 1000 ug/l (toluene and xylenes) and 700 ug/l (ethylbenzene) (Attachment-7). VI. ECOLOGY DETERMINATIONS A. The City is an "owner or operator" as defined in RCW 70.105D.020(12), of a "facility" as defined in RCW 70.105D.020(4) because it is the current ovmer of the Site. Agreed Order No. DE-07TCPHQ-5024 Page 7 of21 B. Based upon all factors known to Ecology, a "release" or "threatened release" of "hazardous substance(s)" as defined in RCW 70.105D.020(20) and RCW 70.l05D.020(7), respectively, has occurred at the Site. C. Based upon credible evidence, Ecology issued a PLP status letter to the City dated October 25, 2006, pursuant to RCW 70.1 05D.040, -.020(16) and WAC 173-340-500. By letter dated October 27, 2006, the City voluntarily waived its rights to notice and comment and accepted Ecology's determination that the City is a PLP under RCW 70.105D.040. Ecology notified the City of this determination by letter dated October 31, 2006. D. Pursuant to RCW 70.105D.030(1) and -.050(1), Ecology may require PLPs to investigate or conduct other remedial actions with respect to any release or threatened release of hazardous substances, whenever it believes such action to be in the public interest. Based on the foregoing facts, Ecology believes that conducting the remedial investigation/feasibility study, interim action and development of a draft cleanup action plan (CAP) required by this Order is in the public interest. E. Under WAC 173-340-430, an interim action IS a remedial action that is technically necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that may become substantially worse or cost substantially more to address if the remedial action is delayed, or that is needed to provide for completion of a site hazard assessment, remedial investigation/feasibility study or design of a cleanup action. The presence at the Site of significant concentrations of gasoline, diesel and oil in soil and groundwater immediately adjacent to Port of Washington Narrows presents circumstances which warrant an interim action consistent with WAC 173-340-430. The interim action will consist of removal of petroleum hydrocarbon (TPH) source(s). This includes the excavation of TPH contaminated soils and/or removal of any product presents at the site, chemical oxidation, and enhanced bioremediation. More details regarding the interim action are discussed in the RI/FS work plan (Exhibit B, Section 3) Agreed Order No. DE-07TCPHQ-5024 Page 8 of 21 VII. WORK TO BE PERFORMED Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the City conduct the folloVv1ng remedial actions at the Site and that these actions be conducted in accordance with Chapter 173-340 WAC unless otherwise specifically provided for herein: A. The City shall conduct the remedial actions fully described in Exhibit B to this Agreed Order. Generally, the City shall develop a draft cleanup action plan (DCAP) for the Site and, prior to developing the DCAP, conduct a remedial investigation/feasibility study and interim action including, but not limited to, the following tasks: . Installing two new groundwater monitoring wells; . Collecting groundwater and soil samples to define the full nature and extent of contamination; . Performing a chemical oxidation pilot scale study; . Performing an interim action to remove contaminated soils and/or any product identified by the remedial investigation, chemical oxidation for the treatment/reduction of the other source areas, and enhanced bioremediation; . Evaluating remedial alternatives; . Identifying the preferred remedial alternative for the site; B. Upon the approval of the final Rl/FS report, the City shall prepare a draft CAP in accordance with WAC 173-340-380 that provides a proposed remedial action to address the contamination at the site. In addition to a general description of the proposed remedial action, the DCAP shall describe the results of contaminated soils excavation, the chemical oxidation pilot scale study, the application of enhanced bioremediation technologies, and studies of natural attenuation of residual groundwater contamination. The DCAP shall also include: cleanup levels from the RlIFS together with the rationale for their selection; a schedule for implementation; description of any institutional controls proposed; and summary of applicable local, state and [ederallaws pertinent to the proposed cleanup action. C. The City shall perform actions required by this Order according to the schedule included in Exhibit B. Agreed Order No. DE-07TCPHQ-5024 Page 90f21 D. If, at any time after the first exchange of comments on drafts, Ecology determines that insufficient progress is being made in the preparation of any of the deliverables required by Exhibit B, Ecology may complete and issue the final deliverable. E. Should significant additional work be necessary based on information obtained during the remedial investigation and/or new information that was not known at the time of the preparation of this Agreed Order, a supplemental work plan shall be submitted to Ecology for review and approval according to an agreed schedule, including an agreed revised schedule for submission of the resulting RIfFS report. VIII. TERMS AND CONDITIONS OF ORDER A. Public Notice RCW 70.105D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent public notice. Ecology shall be responsible for providing such public notice and reserves the right to modify or withdraw any provisions of this Order should public comment disclose facts or considerations which indicate to Ecology that this Order is inadequate or improper in any respect. B. Remedial Action Costs The City shall pay to Ecology costs incurred by Ecology pursuant to this Order and consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology or its contractors for, or on, the Site under Chapter 70.105D RCW, including remedial actions and Order preparation, negotiation, oversight, and administration. These costs shall include work performed both prior (retroactive to October 1, 2006) to and subsequent to the issuance of this Order. Ecology's costs shall include costs of direct activities and support costs of direct activities as defined in WAC 173-340-550(2). The City shall pay the required amount within ninety (90) days of receiving from Ecology an itemized statement of costs that includes a summary of costs incurred, an identification of involved staff, and the amount of time spent by involved staff members on the project. A general statement of work performed will be provided upon request. Itemized statements shall be prepared quarterly. Pursuant to WAC 173-340- 550(4), failure to pay Ecology's costs within ninety (90) days of receipt ofthe itemized statement Agreed Order No. DE-07TCPHQ-5024 Page 10 of21 of costs will result in interest charges at the rate of twelve percent (12%) per annum, compounded monthly. Pursuant to RCW 70.105D.055, Ecology has authority to recover unreimbursed remedial action costs (direct activities and support costs) by filing a lien against real property subject to the remedial actions. C. Implementation of Remedial Action If Ecology determines that the City has failed without good cause to implement the remedial action, in whole or in part, Ecology may, after notice to the City, perform any or all portions of the remedial action that remain incomplete. If Ecology performs all or portions of the remedial action because of the City's failure to comply with its obligations under this Order, the City shall reimburse Ecology for the costs of doing such work in accordance with Section VIII.B (Remedial Action Costs), provided that the City is not obligated under this Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the scope of this Order. Except where necessary to abate an emergency situation, the City shall not perform any remedial actions at the Site outside those remedial actions required by this Order, unless Ecology concurs, in writing, with such additional remedial actions. D. Designated Project Coordinators The project coordinator for Ecology is: Panjini Balaraju Toxics Cleanup Program PO Box 47600, Olympia, W A 98504-7600 (360) 407-6161 E-mail: pbaI461@ecy.wa.gov The project coordinator for the City is: Thomas Knuckey 3027 Olympus Drive Bremerton, Washington 98310 (360) 473-2376 E-Mail: thomas.knuckey@ci.bremerton.wa.us Agreed Order No. DE-07TCPHQ-5024 Page 11 of21 Each project coordinator shall be responsible for overseeing the implementation of this Order. Ecology's project coordinator will be Ecology's designated representative for the Site. To the maximum extent possible, communications between Ecology and the City, and all documents, including reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Order shall be directed through the project coordinators. The project coordinators may designate, in writing, working level staff contacts for all or portions ofthe implementation of the work to be performed required by this Order. Any party may change its respective project coordinator. Written notification shall be given to the other party at least ten (10) calendar days prior to the change. E. Performance All geologic and hydrogeologic work performed pursuant to this Order shall be under the supervision and direction of a geologist licensed in the State of Washington or under the direct supervision of an engineer registered in the State of Washington, except as otherwise provided for by Chapters 18.220 and 18.43 RCW. All engin~ering work performed pursuant to this Order shall be under the direct supervision of a professional engineer registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. All construction work performed pursuant to this Order shall be under the direct supervision of a professional engineer or a qualified technician under the direct supervision of a professional engineer. The professional engineer must be registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. Any documents submitted containing geologic, hydrologic or engineering work shall be under the seal of an appropriately licensed professional as required by Chapter 18.220 RCW or RCW 18.43.130. The City shall notify Ecology in writing of the identity of any engineer(s) and geologist(s), contractor(s) and subcontractor(s), and others to be used in carrying out the terms of this Order, in advance of their involvement at the Site. Agreed Order No. DE-07TCPHQ-5024 Page 12 of21 F. Access Ecology or any Ecology authorized representative shall have the full authority to enter and freely move about all property at the Site that the City either owns, controls, or has access rights to at all reasonable times for the purposes of, inter alia: inspecting records, operation logs, and contracts related to the work being performed pursuant to this Order; reviewing the City's progress in carrying out the terms of this Order; conducting such tests or collecting such samples as Ecology may deem necessary; using a camera, sound recording, or other documentary type equipment to record work done pursuant to this Order; and verifying the data submitted to Ecology by the City. The City shall make all reasonable efforts to secure access rights for those properties within the Site not owned or controlled by the City where remedial activities or investigations will be performed pursuant to this Order. Ecology or any Ecology authorized representative shall give reasonable notice before entering any Site property owned or controlled by the City unless an emergency prevents such notice. All persons who access the Site pursuant to this Section shall comply with any applicable Health and Safety Planes). Ecology employees and their representatives shall not be required to sign any liability release or waiver as a condition of Site property access. G. Sampling, Data Submittal, and Availability With respect to the implementation of this Order, the City shall make the results of all sampling, laboratory reports, and/or test results generated by it or on its behalf available to Ecology. Pursuant to WAC 173-340-840(5), all sampling data shall be submitted to Ecology in both printed and electronic formats in accordance with Section VII (Work to be Performed), Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and/or any subsequent procedures specified by Ecology for data submittal. Attached as Exhibit D is Ecology Policy 840, Data Submittal Requirements. If requested by Ecology, the City shall allow Ecology and/or its authorized representative to take split or duplicate samples of any samples collected by the City pursuant to implementation of this Order. The City shall notify Ecology seven (7) days in advance of any sample collection or work activity at the Site. Ecology shall, upon request, allow the City and/or , Agreed Order No. DE-07TCPHQ-5024 Page 13 of21 its authorized representative to take split or duplicate samples of any samples collected by Ecology pursuant to the implementation of this Order, provided that doing so does not interfere with Ecology's sampling. \Vithout limitation on Ecology's rights under Section VIII.F (Access), Ecology shall notify the City prior to any sample collection activity unless an emergency prevents such notice. In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be conducted by a laboratory accredited under Chapter 173-50 WAC for the specific analyses to be conducted, unless otherwise approved by Ecology. H. Public Participation A Public Participation Plan is required for this Site. Ecology shall review any existing Public Participation Plan to determine its continued appropriateness and whether it requires amendment, or if no plan exists, Ecology shall develop a Public Participation Plan alone or in conjunction with the City. Ecology shall maintain the responsibility for public participation at the Site. However, the City shall cooperate with Ecology, and shall: 1. If agreed to by Ecology, develop appropriate mailing list, prepare drafts of public notices and fact sheets at important stages of the remedial action, such as the submission of work plans, remedial investigation/feasibility study reports, cleanup action plans, and engineering design reports. As appropriate, Ecology will edit, finalize, and distribute such fact sheets and prepare and distribute public notices of Ecology's presentations and meetings. 2. Notify Ecology's project coordinator prior to the preparation of all press releases and fact sheets, and before major meetings with the interested public and local governments. Likewise, Ecology shall notify the City prior to the issuance of all press releases and fact sheets, and before major meetings with the interested public and local governments. For all press releases, fact sheets, meetings, and other outreach efforts by the City that do not receive prior Ecology approval, the City shall clearly indicate to its audience that the press release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by Ecology. Agreed Order No. DE-07TCPHQ-S024 Page 14 of21 3. When requested by Ecology, participate in public presentations on the progress of the remedial action at the Site. Participation may be through attendance at public meetings to assist in answering questions or as a presenter. 4. ~nen requested by Ecology, arrange and/or continue information repositories to be located at the following locations: a. Bremerton Public Library 612 Sth Street North Bremerton, Washington 98337 b. Washington Department of Ecology Headquarters Office 300 Desmond Drive Lacey, W A 98503 At a minimum, copies of all public notices, fact sheets, and press releases; all quality assured monitoring data; remedial action plans and reports, supplemental remedial planning documents, and all other similar documents relating to performance of the remedial action required by this Order shall be promptly placed in these repositories. I. Retention of Records During the pendency of this Order, and for ten (10) years from the date of completion of work performed pursuant to this Order, the City shall preserve all records, reports, documents, and underlying data in its possession relevant to the implementation of this Order and shall insert a similar record retention requirement into all contracts with project contractors and subcontractors. Upon request of Ecology, the City shall make all records available to Ecology and allow access for review within a reasonable time. J. Resolution of Disputes 1. In the event a dispute arises as to an approval, disapproval, proposed change, or other decision or action by Ecology's project coordinator, or an itemized billing statement under Section VIII.B (Remedial Action Costs), the Parties shall utilize the dispute resolution procedure set forth below. a. Upon receipt of Ecology's project coordinator's written decision or the itemized billing statement, the City has fourteen (14) days within which to notify Agreed Order No. DE-07TCPHQ-5024 Page 15 of21 Ecology's project coordinator in writing of its objection to the decision or itemized statement. b. The Parties' project coordinators shall then confer in an effort to resolve the dispute. If the project coordinators cannot resolve the dispute within fourteen (14) days, Ecology's project coordinator shall issue a written decision. c. The City may then request regional management review of the decision. This request shall be submitted in writing to the Toxics Cleanup Land & Aquatic Lands Cleanup Section Manager within seven (7) days of receipt of Ecology's project coordinator's written decision. d. The Section Manager shall conduct a review of the dispute and shall endeavor to issue a written decision regarding the dispute within thirty (30) days of the City's request for review. The Section Manager's decision shall be Ecology's final decision on the disputed matter. 2. The Parties agree to only utilize the dispute resolution process in good faith and agree to expedite, to the extent possible, the dispute resolution process whenever it is used. 3. Implementation of these dispute resolution procedures shall not provide a basis for delay of any activities required in this Order, unless Ecology agrees in writing to a schedule extension. K. Extension of Schedule 1. An extension of schedule shall be granted only when a request for an extension is submitted in a timely fashion, generally at least thirty (30) days prior to expiration of the deadline for which the extension is requested, and good cause exists for granting the extension. All extensions shall be requested in writing. The request shall specify: a. The deadline that is sought to be extended; b. The length of the extension sought; c. The reason(s) for the extension; and d. Any related deadline or schedule that would be affected if the extension were granted. Agreed Order No. DE-07TCPHQ-5024 Page 16 of21 2. The burden shall be on the City to demonstrate to the satisfaction of Ecology that the request for such extension has been submitted in a timely fashion and that good cause exists for granting the extension. Good cause may include, but may not be limited to: a. Circumstances beyond the reasonable control and despite the due diligence of the City including delays caused by unrelated third parties or Ecology, such as (but not limited to) delays by Ecology in reviewing, approving, or modifying documents submitted by the City; b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty; or c. Endangerment as described in Section VIILM (Endangerment). However, neither increased costs of performance of the terms of this Order nor changed economic circumstances shall be considered circumstances beyond the reasonable control of the Port. 3. Ecology shall act upon any written request for extension in a timely fashion. Ecology shall give the City written notification of any extensions granted pursuant to this Order. A requested extension shall not be effective until approved by Ecology. Unless the extension is a substantial change, it shall not be necessary to amend this Order pursuant to Section VIII.L (Amendment of Order) when a schedule extension is granted. 4. An extension shall only be granted for such period of time as Ecology determines is reasonable under the circumstances. Ecology may grant schedule extensions exceeding ninety (90) days only as a result of: a. Delays in the issuance of a necessary permit which was applied for in a timely manner; b. Other circumstances deemed exceptional or extraordinary by Ecology; or c. Endangerment as described in Section VIII.M (Endangerment). Agreed Order No. DE-07TCPHQ-5024 Page 17 of21 L. Amendment of Order The project coordinators may verbally agree to mmor changes to the work to be performed without formally amending this Order. Minor changes will be documented in \"-vriting by Ecology within seven (7) days of verbal agreement. Except as provided in Section VIII.N (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this Order. This Order may only be formally amended by the written consent of both Ecology and the City. The City shall submit a VvTitten request for amendment to Ecology for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner after the written request for amendment is received. If the amendment to this Order represents a substantial change, Ecology will provide public notice and opportunity to comment. Reasons for the disapproval of a proposed amendment to this Order shall be stated in writing. If Ecology does not agree to a proposed amendment, the disagreement may be addressed through the dispute resolution procedures described in Section VIILJ (Resolution of Disputes). L. Endangerment In the event Ecology determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment on or surrounding the Site, Ecology may direct the City to cease such activities for such period of time as it deems necessary to abate the danger. The City shall immediately comply with such direction. In the event the City determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment, the City may cease such activities. The City shall notify Ecology's project coordinator as soon as possible, but no later than twenty-four (24) hours after making such determination or ceasing such activities. " Upon Ecology's direction the City shall provide Ecology with documentation of the basis for the determination or cessation of such activities. If Ecology disagrees with the City's cessation of activities, it may direct the City to resume such activities. If Ecology concurs with or orders a work stoppage pursuant to Section VIII.M (Endangerment), the City's obligations with respect to the ceased activities shall be suspended Agreed Order No. DE-07TCPHQ-5024 Page 18 of21 until Ecology determines the danger is abated, and the time for perfonnance of such activities, as well as the time for any other work dependent upon such activities, shall be extended in accordance with Section VIII.K (Extension of Schedule) for such period of time as Ecology determines is reasonable under the circumstances. Nothing in this Order shall limit the authority of Ecology, its employees, agents, or contractors to take or require appropriate action in the event of an emergency. M. Reservation of Rights This Order is not a settlement under Chapter 70.105D RCW. Ecology's signature on this Order in no way constitutes a covenant not to sue or a compromise of any of Ecology's rights or authority. Ecology will not, however, bring an action against the City to recover remedial action costs paid to and received by Ecology under this Order. In addition, Ecology will not take additional enforcement actions against the City regarding remedial actions required by this Order, provided the City complies with this Order. Ecology nevertheless reserves its rights under Chapter 70.1 05D RCW, including the right to require additional or different remedial actions at the Site should it deem such. actions necessary to protect human health and the environment, and to issue orders requiring such remedial actions. Ecology also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. N. Transfer of Interest in Property No voluntary conveyance or relinquishment oftide, easement, leasehold, or other interest in any portion of the Site shall be consummated by the City without provision for continued implementation of all requirements of this Order and implementation of any remedial actions found to be necessary as a result of this Order. Prior to the City's transfer of any interest in all or any portion of the Site, and during the effective period of this Order, the City shall provide a copy of this Order to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least thirty (30) days prior to any transfer, the City shall notify Ecology of said transfer. Upon transfer of any Agreed Order No. DE-07TCPHQ-5024 Page 19 of21 interest, the City shall restrict uses and activities to those consistent with this Order and notify all transferees of the restrictions on the use of the property. o. Compliance with Applicable Laws 1. All actions carried out by the City pursuant to this Order shall be done in accordance with all applicable federal, state, and local requirements, including requirements to obtain necessary permits, except as provided in RCW 70.105D.090. The permits or specific federal, state or local requirements that the agency has determined are applicable and that are knoVvTI at the time of entry of this Order have been identified in Exhibit C. 2. Pursuant to RCW 70.105D.090(1), the City is exempt from the procedural requirements of Chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW and of any laws requiring or authorizing local government permits or approvals. However, the City shall comply with the substantive requirements of such permits or approvals. The exempt permits or approvals and the applicable substantive requirements of those permits or approvals, as they are known at the time of entry of this Order, have been identified in Exhibit C. The City has a continuing obligation to determine whether additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order. In the event either Ecology or the City determines that additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order, it shall promptly notify the other party of its determination. Ecology shall determine whether Ecology or the City shall be responsible to contact the appropriate state and/or local agencies. If Ecology so requires, the City shall promptly consult with the appropriate state and/or local agencies and provide Ecology with written documentation from those agencies of the substantive requirements those agencies believe are applicable to the remedial action. Ecology shall make the final determination on the additional substantive requirements that must be met by the City and on how the City must meet those requirements. Ecology shall inform the City in writing of these requirements. Once established by Ecology, the additional requirements shall be enforceable requirements of this Order. The City shall not Agreed Order No. DE-07TCPHQ-5024 Page 20 of21 begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. 3. Pursuant to RCW 70.105D.090(2), m the event Ecology determines that the exemption from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(1) would result in the loss of approval from a federal agency that is necessary for the State to administer any federal law, the exemption shall not apply and the City shall comply with both the procedural and substantive requirements of the laws referenced in RCW 70.1 05D.090(1), including any requirements to obtain permits. P. Indemnification The City agrees to indemnify and save and hold the State of Washington, its employees, and agents harmless from any and all claims or causes of action for death or injuries to persons or for loss or damage to property to the extent arising from or on account of acts or omissions of the City, its officers, employees, agents, or contractors in entering into and implementing this Order. However, the City shall not indemnify the State of Washington nor save nor hold its employees and agents harmless from any claims or causes of action to the extent arising out of the negligent acts or omissions of the State of Washington, or the employees or agents of the State, in entering into or implementing this Order. IX. SATISFACTION OF ORDER The provisions of this Order shall be deemed satisfied upon the City's receipt of written notification from Ecology that the City has completed the remedial activity required by this Order, as amended by any modifications, and that the City has complied with all other provisions ofthis Agreed Order. X. ENFORCEMENT Pursuant to RCW 70.1 05D.050, this Order may be enforced as follows: A. The Attorney General may bring an action to enforce this Order in a state or federal court. B. The Attorney General may seek, by filing an action, if necessary, to recover amounts spent by Ecology for investigative and remedial actions and orders related to the Site. Agreed Order No. DE-07TCPHQ-5024 Page 21 of21 C. In the event the City refuses, without sufficient cause, to comply with any term of this Order, the City will be liable for: a. Up to three (3) times the amount of any costs incurred by the State of \Vashington as a result of its refusal to comply; and b. Civil penalties of up to twenty-five thousand dollars ($25,000) per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order may be reviewed only as provided under RCW 70.105D.060. Effective date of this Order: CITY OF BREMERTON STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY Phil Williams Public Works and Utility Director The City of Bremerton Bremerton, Washington Telephone: (360) 473-2376 Tim 1. Nord Section Manager Taxies Cleanup Program Land & Aquatic Lands Cleanup Section Telephone: (360) 407-7226 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 . Olympia, WA 98504-7600 · 360-407-6000 TTY 711 or 800-833-6388 (for the speech or hearing impaired) CERTIFIED MAIL August 29, 2007 Mr. Phil Williams, Director Public Works and Utility City of Bremerton 3027 Olympus Drive Bremerton, Washington 98130-4620 ~~i~:(:: ~\lE '~~~~ AUG :3 0 2007 ,(",...'~ r.' ~"l. .&. ......!lV Of brerm.1i'lt'XJ r-:lty A' ~rtn!'r'!~IY't' ("'ff:;c';:~l ~l~ 4~~"_,~t"", v .)f I v Re: Chevron Tank Farm Port Washington Narrows (Former Chevron Property) Agreed Order Number DE-07TCPHQ-5024. Dear Mr. Williams: Enclosed is the final Agreed Order Number DE-07TCPHQ-5024 for conducting a .. u.. --.- - remedialinvestigationlfeasibility studyand'interimactionat Chevron Tank: Farm Port--.u.----'...... Washington Narrows (Former Chevron Property) Site located at 1310 Highland Avenue in Bremerton, Washington 98310. Please sign the enclosed Agreed Order and mail it back to me by September 14,2007 to the fOllowing address: Panjini Balaraju Department of Ecology Toxics Cleanup Program Lands and Aquatic Lands Section 300 Desmond Drive SE PO Box 47600 Lacey, Washington 98504-7600 We will coordinate with the City of Bremerton (City) regarding the public comment period date on the Agreed Order. We appreciate the City's cooperation and look forward to working with the City for an expedited, effective and efficient cleanup. o Mr. Phil Williams Page 2 of 2 August 29, 2007 If you have any questions, please call me at (360) 407-6161 or Barry Rogowski at (360) 407 -7236. anjini Balaraju reject Manager Land and Aquatic Lands Cleanup Section T oxics Cleanup Program Enclosure: Cc: Roger Lubovich, City of Bremerton Attorney Tom Knuckey, City of Bremerton Barry Rogowski, Ecology Lee Overton, Office of the Attorney General STATE OF WASHINGTON DEPARTMENT OF ECOLOGY In the Matter of Remedial Action by: AGREED ORDER for REMEDIAL INVESTIGA nON/FEASIBILITY STUDY and INTERIM ACTION - Chevron Tank Farm Port Washington Narrows CHEVRON TANK FARM PORT WASHINGTON NARROWS No. DE-07TCPHQ-5024 TO: The City of Bremerton Public Works Department 3027 Olympus Drive Bremerton, Washington 98310 ~~'f~;('~ i:~; ~\l~: r~~ .' ~ ,/u:r "'<_~'"< ol . ..-\l~ iif ~ }$ . - -. -~ '._"'1" -;1) !h", &ffi'o/ AUG 3 0 2007 TABLE OF CONTENTS City of Br6mertt:)n City Attorney's Office I. INTRODUCTION.................................................................................................................3 II. JURISDICTION................................................................................................................. ...3 III. PARTIES BOUND...................................... ................................................ .................. ........3 -IV.~~---.D EFINITIONSu;~-;:~;-; ~;;:..;~;; ;~';;;;;-'-;~;;;;:.;~ :-;.:-~; ~;~-:: ;-;;:: .:::;;::-::::'-: ::.:'-::::: .~:.::: ::-:-:-:::-::::-:-.-.-:::. :::-:-::-::: ::--'--:.-.::3- --- V. FINDINGS OF FACT... ............................. ........... ................................................................4 VI. ECOLOGY DETERMINATIONS.................................................................... ....................6 VII. WORK TO BE PERFORMED. ............... ................................................................... .......... 8 VIII. TERMS AND CONDITIONS OF ORDER ..........................................................................8 A. Public Notice............................... .................. ................................................................. 8 .B. Remedial Action Costs.................................................................................................. 9 C. Implementation of Remedial Action................. ...... ..... ........... ............ ....... ....................9 D. Designated Project Coordinators .................................................................................10 E. Performance .................................................................................................................1 0 F. Access............................................................ ............................................................. .11 G. Sampling, Data Submittal, and Availability ................................................................12 H. Public Participation ......................... ............................................ ............. ...... ............. .12 I. Retention of Records........... ........ ............................. ................ .................. .............. ....14 Agreed Order No. DE-07TCPHQ-5024 Page 2 of21 J. Resolution of Disputes................................................................................................ .14 K. Extension of Schedule................................................................................................. .15 L. Amendment of Order................................................................... ..... ....................... ....16 M. Endangerment..............................................................................................................I 7 N. Reservation of Rights............................................... ....................................................17 O. Transfer of Interest in Property ............................ ...... ................................................ ..18 P. Compliance with Applicable Laws.................................................... .................. ........19 Q. Indemnification .................. ....... ..................... ............. ........ ............ ...... ...................... .20 IX. SATISFACTION OF ORDER ........... .................................................................................20 X. ENFORCEMENT ...............................................................................................................20 EXHIBIT - A EXHIBIT - B EXHIBIT -C --- EXHIBIT--D Site Diagram Scope of W ork, Work Plan & Schedule Applicable, Relevant and Appropriate Requirements -PoliGy840 (Data-Submittal-Requirements) ----- .- ATTACHMENT-1 June 2005, Due Diligence Investigation ATTACHMENT-2 Groundwater Monitoring Results (1988 through 2003) A TT ACHMENT -3 March 1994, Supplemental Soil Investigation Results ATTACHMENT-4 November 1991, Soil Vapor Extraction System Results ATTACHMENT-5 July 1991, Site Hazard Assessment Results ATTACHMENT-6 March 1989, Soil investigation Results including some Product Recovery ATTACHMENT-7 November 1988, Soil and Groundwater Investigation Results Agreed Order No. DE-07TCPHQ-5024 Page 3 of21 I. INTRODUCTION The mutual objective of the State of Washington, Department of Ecology (Ecology) and the City of Bremerton (the City) under this Agreed Order (Order) is to provide for remedial action at a facility where there has been a release or threatened release of hazardous substances. This Order requires the City to conduct a remedial investigation/feasibility study (RIfFS) to collect, develop and evaluate sufficient information to develop a final cleanup action plan (CAP) for the Site, and to prepare a draft CAP. In addition, the City is required by this Order to conduct an appropriate interim action to address the contaminated soils. Ecology believes the actions required by this Order are in the public interest. II. JURISDICTION This Agreed Order IS issued pursuant to the Model Toxics Control Act (MTCA), RCW 70.105D.050(1). III. PARTIES BOUND This _Agreed Qrder s~all (lPph7~() __aI!~_~~J~tIl_q!Ilg_l1P~:r[l__t~~_ :P~~~!2Jb-i~ _Q~(i~I L!ht::ir __. . -~.. - -- ------ - --------- ~-------- - --- ----- successors and assigns. The undersigned representative of each party hereby certifies that he or she is fully authorized to enter into this Order and to execute and legally bind such party to comply with this Order. The City agrees to undertake all actions required by the terms and conditions of this Order. The City shall provide a copy of this Order to all agents, contractors, and subcontractors retained to perform work required by this Order, and shall ensure that all work undertaken by such agents, contractors, and subcontractors complies with this Order. IV. DEFINITIONS Unless otherwise specified herein, the definitions set forth in Chapter 70.1 05D RCW and - Chapter 173-340 WAC shall control the meanings of the terms in this Order. A. Site: The Site is referred to as Chevron Tank Farm Port Washington Narrows and is generally located at 1310 Highland Avenue in Bremerton, Washington 98310. The Site is defined by the extent of contamination caused by the release of hazardous substances at the Site. Based upon factors currently known to Ecology, the Site is more particularly described in Agreed Order No. DE-07TCPHQ-5024 Page 4 of21 Exhibit A to this Order, which includes a detailed Site diagram and the location map. The Site constitutes a Facility under RCW 70.105D.020(4). B. Parties: Refers to the State of Washington, Department of Ecology and the City of Bremerton. C. Potentially Liable Person (PLP): Refers to the City,of Bremerton. D. Agreed Order or Order: Refers to this Order and each of the exhibits to this Order. All exhibits are integral and enforceable parts of this Order. The terms "Agreed Order" or "Order" shall include all exhibits to this Order. v. FINDINGS OF FACT Ecology makes the following findings of fact, without any express or implied admissions of such facts by the City: A. The Chevron Tank Farm Port Washington Narrows site (the "Site") is located at 1310 Highland Avenue, Bremerton, Washington (the "Property") and consists of approximately 1.5-acres. The Property is bounded on the northeast by the Port Washington Narrows, on the northwest by a small inlet (Smith Cove), on the southeast by a residential area and on the southwest by a mixed residential and business area. (Exhibit-A). From approximately 1950 until 1988, Chevron operated a bulk storage and distribution center for petroleum products on the property, including a fuel distribution dock. B. Currently the City of Bremerton owns the Property and it is a vacant piece of land. (Exhibit-A). C. In June 2005, Parametrix conducted a Due Diligence Investigation for the City of . Bremerton to evaluate the then-current conditions at the Site.. The evaluation included a comprehensive summary of site investigation, previous remediation efforts, data gaps, additional investigations, a number of potential remedial alternatives and recommendations for the property's acquisition. (Attachment-I). D. Eighteen groundwater monitoring wells were placed on the site; sixteen remain. From October 1988 to October 2003, a total of thirty-one rounds of quarterly, semiannual and/or annual groundwater sampling have been conducted at the site. All of these groundwater samples Agreed Order No. DE-07TCPHQ-5024 Page 5 of21 were analyzed for total petroleum hydrocarbons-gasoline (TPH-G), TPH-diesel (TPH-D), TPH- Oil (TPH-O), benzene, ethylebenzene, toluene, xylenes (BETX) and dissolved lead. Results of the latest round of groundwater sampling (October 2003) showed elevated concentrations of TPH-G (9,000 ug/l), TPH-D (32,000 ug/l), TPH-O (5,200 ug/l) and benzene (700 ug/l). These concentrations exceed MTCA Method-A cleanup levels of 800 ug/l (TPH-G), 500 ug/l (TPH-D and TPH-O) and 5 ug/l (benzene). (Attachrnent-2). E. In March 1994, Chevron Company conducted a Supplemental Site Assessment. As a part of this investigation, nine soil borings were drilled and six borings were converted into groundwater monitoring wells. A total of thirteen soil samples were selected and sent to an off- site laboratory for TPH-G, TPH-D, TPH-O, polycyclic aromatic hydrocarbon (PAHs) and total lead analysis. Some of the soil samples showed elevated concentrations of TPH-G (1,300 mg/kg), TPH-D (11,000 mg/kg) and PAH range of 1.2 mg/kg to 24 mg/kg. These concentrations exceed MTCA Method-A cleanup levels of 100 mg/kg, 2,000 mg/kg and 0.1 mg/kg (prorated to b~nz~~tl)pyr~~~_'Y~ __t~~!_cjtx~gl!iv~}~~tJa.c!()r~L (At!a.~~~ll!:J 2 :__.___. mm__ ____._. ... ____ ___ ._.u_ ... . .- --- ---- ---- ----- F. In November of 1991, Hart Crowser (Chevron's consultant) installed a soil vapor extraction (SVE) system to remove the volatile organic compounds (VOCs) from the soils. The system included eleven dedicated extraction wells and five groundwater monitoring wells. The SVE system was operated from November 1991 through December 1994. Because of the low \ VOC recovery the system was turned off in December 1994. During this period a total of approximately 195,000 pounds of VOCs were extracted and the thickness of product was reduced in some of the groundwater monitoring wells. (Attachrnent-4). G. In July 1991, Ecology conducted a site hazard assessment investigation. As a part of this investigation groundwater, sediment and shellfish samples were collected. These samples were analyzed for TPH-G, TPH-D, BTEX, semivolatile organic compounds (SVOCs) and total lead. Groundwater results showed: total TPH (5,660 ug/l), benzene (2,420 ug/l), toluene (4,390 ug/l) and nitrobenzene (152 ug/l). Results of sediment samples (all compounds) were below their practical quantitation limits (PQL). Since PQLs were higher than the Sediment Management Standards, it does not preclude the presence of these compounds in the sediments Agreed Order No. DE-07TCPHQ-5024 Page 60f21 exceeding the marine Sediment Management Standards. In addition, total TPH (100 mg/kg - 412 mg/kg), xylene (78 ug/kg - 103 ug/kg) and lead (11.3 mg/kg - 53.3 mg/kg) were also detected in sediment samples. (Attachment-5). H. In May 1989, Chevron conducted soil investigation and Phase-I remediation (some product removal). Nine test pits were excavated and a total of eighteen (18) soil samples were collected for TPH-G, TPH-D and total hydrocarbon identification (HCID) analysis. Elevated levels of TPH-G (25,000 mg/kg) and TPH-D (5,800 mg/kg) were detected in soil samples. In addition, measurement of free phase hydrocarbon thickness revealed the presence of approximately 3 to 4 feet of free product at certain locations on the site. A total of 47 gallons of free product was removed during a period of one year. (Attachment-6). 1. In November 1988, Chevron conducted a soil and groundwater investigation. As a part of this investigation,. twelve (12) exploratory borings and seven (7) test pits were installed and a total of seventeen (17) soil samples were collected for TPH-G, TPH-D and BTEX analysis. Elevated levels of TPH-G (4,300 mg/kg), TPH-D (17,000 mg/kg), benzene (3.4 mg/kg), toluene (15 mg/kg), ethylbenzene (3.1 mg/kg) and xylenes (12.4 mg/kg) were detected exceeding their MTCA Method-A cleanup levels of respectively, 30 mg/kg, 2,000 mg.kg, 0.03 mg/kg, 7 mg/kg, 6 mg/kg and 9 mg/kg. (Attachment-7). Nine of the above-mentioned twelve borings were converted into groundwater monitoring wells and groundwater samples were collected for total petroleum hydrocarbon (TPH) and BTEX analysis. TPH, BTEX concentrations of 1,742 ug/l, 6100 ug/l, 19,000 ug/l, 2900 ug/l and 23,000 ug/l were detected respectively. These concentrations exceed MTCA Method-A cleanup levels of 800 ug/l (TPH), 5 ug/l (benzene), 1000 ug/l (toluene and xy1enes) and 700 ug/l (ethylbenzene) (Attachment-7). VI. ECOLOGY DETERMINATIONS A. The City is an "owner or operator" as defined in RCW 70.105D.020(12), of a "facility" as defined in RCW 70.105D.020(4) because it is the current ovmer of the Site. Agreed Order No. DE-07TCPHQ-5024 Page 7 of21 B. Based upon all factors known to Ecology, a "release" or "threatened release" of "hazardous substance(s)" as defined in RCW 70.1 05D.020(20) and RCW 70. 1 05D.020(7), respectively, has occurred at the Site. C. Based upon credible evidence, Ecology issued a PLP status letter to the City dated October 25, 2006, pursuant to RCW 70.1 05D.040, -.020(16) and WAC 173-340-500. By letter dated October 27, 2006, the City voluntarily waived its rights to notice and comment and accepted Ecology's determination that the City is a PLP under RCW 70.105D.040. Ecology notified the City of this determination by letter dated October 31,2006. D. Pursuant to RCW70.105D.030(1) and -.050(1), Ecology may require PLPs to investigate or conduct other remedial actions with respect to any release or threatened release of hazardous substances, whenever it believes such action to be in the public interest. Based on the foregoing facts, Ecology believes that conducting the remedial investigation/feasibility study, interim action and development of a draft cleanup action plan (CAP) required by this Order is in thep_u?~i~ inte~e~t._____ _. E. Under WAC 173-340-430, an interim action is a remedial action that is technically necessary to reduce a threat to human health or the environment by eliminating or substantially reducing one or more pathways for exposure to a hazardous substance, that corrects a problem that may become substantially worse or cost substantially more to address if the remedial action is delayed, or that is needed to provide for completion of a site hazard assessment, remedial investigation/feasibility study or design of a cleanup action. The presence at the Site of significant concentrations of gasoline, diesel and oil in soil and groundwater immediately adjacent to Port of Washington Narrows presents circumstances which warrant an interim action consistent with WAC 173-340-430. The interim action will consist of removal of petroleum hydrocarbon (TPH) source(s). This includes the excavation of TPH contaminated soils and/or removal of any product presents at the site, chemical oxidation, and enhanced bioremediation. More details regarding the interim action are discussed in the RVFS work plan (Exhibit B, Section 3) Agreed Order No. DE-07TCPHQ-5024 Page 8 of21 VII. WORK TO BE PERFORMED Based on the Findings of Fact and Ecology Determinations, it is hereby ordered that the City conduct the following remedial actions at the Site and that these actions be conducted in accordance with Chapter 173-340 WAC unless otherwise specifically provided for herein: A. The City shall conduct the remedial actions fully described in Exhibit B to this Agreed Order. Generally, the City shall develop a draft cleanup action plan (DCAP) for the Site and, prior to developing the DCAP, conduct a remedial investigation/feasibility study and interim action including, but not limited to, the following tasks: . Installing two new groundwater monitoring wells; . Collecting groundwater and soil samples to define the full nature and extent of contamination; . Performing a chemical oxidation pilot scale study; . Performing an interim action to remove contaminated soils and/or any product identified by the remedial investigation, chemical oxidation for the treatment/reduction of the other source areas, and enhanced bioremediation; . Evaluating remedial alternatives; . Identifying the preferred remedial alternative for the site; B. Upon the approval of the final RIlFS report, the City shall prepare a draft CAP in accordance with WAC 173-340-380 that provides a proposed remedial action to address the contamination at the site. In addition to a general description of the proposed remedial action, the DCAP shall describe the results of contaminated soils excavation, the chemical oxidation pilot scale study, the application of enhanced bioremediation technologies, and studies of natural attenuation of residual groundwater contamination. The DCAP shall also include: cleanup levels from the RlIFS together with the rationale for their selection; a schedule for implementation; description of any institutional controls proposed; and summary of applicable local, state and federal laws pertinent to the proposed cleanup action. C. The City shall perform actions required by this Order according to the schedule included in Exhibit B. Agreed Order No. DE-07TCPHQ-5024 Page 9 of21 D. If, at any time after the first exchange of comments on drafts, Ecology determines that insufficient progress is being made in the preparation of any of the deliverables required by Exhibit B, Ecology may complete and issue the final deliverable. E. Should significant additional work be necessary based on infonnation obtained during the remedial investigation and/or new information that was not known at the time of the preparation of this Agreed Order, a supplemental work plan shall be submitted to Ecology for review and approval according to an agreed schedule, including an agreed revised schedule for submission of the resulting RlfFS report. VIII. TERMS AND CONDITIONS OF ORDER A. Public Notice RCW 70. 1 05D.030(2)(a) requires that, at a minimum, this Order be subject to concurrent public notice. Ecology shall be responsible for providing such public notice and reserves the right to modify or withdraw any provisions of this Order should public comment disclose facts or ~.n~~~.~ ~~~si<i~~~~~~!:lsn ~~~i~l1i!1~ic;at~~!<?~g<::()logy .tl:1a!_thi_~9.~d~r_ i~j!lllcieql.late_ _or jIIlPJ:OP_~L i!LE!lY_u~ Un .. respect. B. Remedial Action Costs The City shall pay to Ecology costs incurred by Ecology pursuant to this Order and consistent with WAC 173-340-550(2). These costs shall include work performed by Ecology or its contractors for, or on, the Site under Chapter 70.105D RCW, including remedial actions and Order preparation, negotiation, oversight, and administration. These costs shall include work performed both prior (retroactive to October 1, 2006) to and subsequent to the issuance of this Order. Ecology's costs shall include costs of direct activities and support costs of direct activities as defined in WAC 173-340-550(2). The City shall pay the required amount within ninety (90) days of receiving from Ecology an itemized statement of costs that includes a summary of costs incurred, an identification of involved staff, and the amount of time spent by involved staff members on the project. A general statement of work performed will be provided upon request. Itemized statements shall be prepared quarterly. Pursuant to WAC 173-340- 550(4), failure to pay Ecology's costs within ninety (90) days of receipt of the itemized statement Agreed Order No. DE-07TCPHQ-5024 Page 10 of21 of costs will result in interest charges at the rate of twelve percent (12%) per alliUm, compounded monthly. Pursuant to RCW 70.1 05D.055, Ecology has authority to recover unreimbursed remedial action costs (direct activities and support costs) by filing a lien against real property subject to the remedial actions. c. Implementation of Remedial Action If Ecology determines that the City has failed without good cause to implement the remedial action, in whole or in part, Ecology may, after notice to the City, perform any or all portions of the remedial action that remain incomplete. If Ecology performs all or portions of the remedial action because of the City's failure to comply with its obligations under this Order, the City shall reimburse Ecology for the costs of doing such work in accordance with Section VIILB (Remedial Action Costs), provided that the City is not obligated under this Section to reimburse Ecology for costs incurred for work inconsistent with or beyond the scope of this Order. Except where necessary to abate an emergency situation, the City shall not perform any remedial actions at the Site outside those remedial actions required by this Order, unless Ecology concurs, in writing, with such additional remedial actions. D. Designated Project Coordinators The project coordinator for Ecology is: Panjini Balaraju Toxics Cleanup Program PO Box 47600, Olympia, W A 98504-7600 (360) 407-6161 E-mail: pbaI461@ecy.wa.gov The project coordinator for the City is: Thomas Knuckey 3027 Olympus Drive Bremerton, Washington 98310 (360) 473-2376 E-Mail: thomas.knuckey@ci.bremerton.wa.us Agreed Order No. DE-07TCPHQ-5024 Page 11 of21 Each project coordinator shall be responsible for overseeing the implementation of this Order. Ecology's project coordinator will be Ecology's designated representative for the Site. To the maximum extent possible, communications bet\veen Ecology and the City, and all documents, including reports, approvals, and other correspondence concerning the activities performed pursuant to the terms and conditions of this Order shall be directed through the project coordinators. The project coordinators may designate, in writing, working level staff contacts for all or portions ofthe implementation of the work to be performed required by this Order. Any party may change its respective project coordinator. Written notification shall be given to the other party at least ten (10) calendar days prior to the change. E. Performance All geologic and hydrogeologic work performed pursuant to this Order shall be under the supervision and direction of a geologist licensed in the State of Washington or under the direct supervision of an engineer registered in the State of Washington, except as otherwise provided for by Chapters 18.220 and 18.43 RCW. All engin~ering work performed pursuant to this Order shall be under the direct supervision of a professional engineer registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. All construction work performed pursuant to this Order shall be under the direct supervision of a professional engineer or a qualified technician under the direct supervision of a professional engineer. The professional engineer must be registered in the State of Washington, except as otherwise provided for by RCW 18.43.130. Any documents submitted containing geologic, hydrologic or engineering work shall be under the seal of an appropriately licensed professional as required by Chapter 18.220 RCW or RCW 18.43.130. The City shall notify Ecology in writing of the identity of any engineer(s) and geologist(s), contractor(s) and subcontractor(s), and others to be used in carrying out the terms of this Order, in advance of their involvement at the Site. Agreed Order No. DE-07TCPHQ-5024 Page 12 of21 F. Access Ecology or any Ecology authorized representative shall have the full authority to enter and freely move about all property at the Site that the City either owns, controls, or has access rights to at all reasonable times for the purposes of, inter alia: inspecting records, operation logs, and contracts related to the work being performed pursuant to this Order; reviewing the City's progress in carrying out the terms of this Order; conducting such tests or collecting such samples as Ecology may deem necessary; using a camera, sound recording, or other documentary type equipment to record work done pursuant to this Order; and verifying the data submitted to Ecology by the City. The City shall make all reasonable efforts to secure access rights for those properties within the Site not owned or controlled by the City where remedial activities or investigations will be performed pursuant to this Order. Ecology or any Ecology authorized representative shall give reasonable notice before entering any Site property owned or controlled by the City unless an emergency prevents such notice. All persons who access the Site pursuant to this Section shall comply with any applicable Health and Safety Planes). Ecology employees and their representatives shall not be required to sign any liability release or waiver as a condition of Site property access. G. Sampling, Data Submittal, and Availability With respect to the implementation of this Order, the City shall make the results of all sampling, laboratory reports, and/or test results generated by it or on its behalf available to Ecology. Pursuant to WAC 173-340-840(5), all sampling data shall be submitted to Ecology in both printed and electronic formats in accordance with Section VII (Work to be Performed), Ecology's Toxics Cleanup Program Policy 840 (Data Submittal Requirements), and/or any subsequent procedures specified by Ecology for data submittal. Attached as Exhibit D is Ecology Policy 840, Data Submittal Requirements. If requested by Ecology, the City shall allow Ecology and/or its authorized representative to take split or duplicate samples of any samples collected by the City pursuant to implementation of this Order. The City shall notify Ecology seven (7) days in advance of any sample collection or work activity at the Site. Ecology shall, upon request, allow the City and/or Agreed Order No. DE-07TCPHQ-5024 Page 13 of21 its authorized representative to take split or duplicate samples of any samples collected by Ecology pursuant to the implementation of this Order, provided that doing so does not interfere with Ecology's sampling. Without limitation on Ecology's rights under Section VIII.F (Access), Ecology shall notify the City prior to any sample collection activity unless an emergency prevents such notice. In accordance with WAC 173-340-830(2)(a), all hazardous substance analyses shall be conducted by a laboratory accredited under Chapter 173-50 WAC for the specific analyses to be conducted, unless otherwis'e approved by Ecology. H. Public Participation A Public Participation Plan is required for this Site. Ecology shall review any existing Public Participation Plan to determine its continued appropriateness and whether it requires amendment, or if no plan exists, Ecology shall develop a Public Participation Plan alone or in conjunction with the City. . ___~~?~~~X_~~~ll.. ~~~l1!ai12_~~~_~~~poIl_~i~ilio/_!~~J>~~!i~_pctr!i~ip_a~!?~ ~!_!Qe__~.i!~: ..J!g~~y~!,,__. the City shall cooperate with Ecology, and shall: 1. If agreed to by Ecology, develop appropriate mailing list, prepare drafts of public notices and fact sheets at important stages of the remedial action, such as the submission of work plans, remedial investigation/feasibility study reports, cleanup action plans, and engineering design reports. As appropriate, Ecology will edit, finalize, and distribute such fact sheets and prepare and distribute public notices of Ecology's presentations,;md meetings. 2. Notify Ecology's project coordinator prior to the preparation of all press releases and fact sheets, and before major meetings with the interested public and local governments. Likewise, Ecology shall notify the City prior to the issuance of all press releases and fact sheets, and before major meetings with the interested public and local governments. For all press releases, fact sheets, meetings, and other outreach efforts by the City that do not receive prior Ecology approval, the City shall clearly indicate to its audience that the press release, fact sheet, meeting, or other outreach effort was not sponsored or endorsed by Ecology. Agreed Order No. DE-07TCPHQ-5024 Page 14 of21 3. When requested by Ecology, participate in public presentations on the progress of the remedial action at the Site. Participation may be through attendance at public meetings to assist in answering questions or as a presenter. 4. When requested by Ecology, arrange and/or continue information repositories to be located at the following locations: a. Bremerton Public Library 612 5th Street North Bremerton, Washington 98337 b. Washington Department of Ecology Headquarters Office 300 Desmond Drive Lacey, W A 98503 At a minimum, copies of all public notices, fact sheets, and press releases; all quality assured monitoring data; remedial action plans and reports, supplemental remedial planning documents, and all other similar documents relating to performance of the remedial action required by this Order shall be promptly placed in these repositories. I. Retention of Records During the pendency oftrus Order, and for ten (10) years from the date of completion of work performed pursuant to this Order, the City shall preserve all records, reports, documents, and underlying data in its possession relevant to the implementation of this Order and shall insert a similar record retention requirement into all contracts with project contractors and subcontractors. Upon request of Ecology, the City shall make all records available to Ecology and allow access for review within a reasonable time. J. Resolution of Disputes 1. In the event a dispute arises as to an approval, disapproval, proposed change, or other decision or action by Ecology's project coordinator, or an itemized billing statement under Section VIII.B (Remedial Action Costs), the Parties shall utilize the dispute resolution procedure set forth below. a. Upon receipt of Ecology's project coordinator's written decision or the itemized billing statement, the City has fourteen (14) days within which to notify Agreed Order No. DE-07TCPHQ-5024 Page 15 of21 Ecology's project coordinator in writing of its objection to the decision or itemized statement. b. The Parties' project coordinators shall then confer in an effort to resolve the dispute. If the project coordinators cannot resolve the dispute within fourteen (14) days, Ecology's project coordinator shall issue a written decision. c. The City may then request regional management review of the decision. This request shall be submitted in writing to the Toxics Cleanup Land & Aquatic Lands Cleanup Section Manager within seven (7) days of receipt of Ecology's project coordinator's written decision. d. The Section Manager shall conduct a review of the dispute and shall endeavor to issue a written decision regarding the dispute within thirty (30) days of the City's request for review. The Section Manager's decision shall be Ecology's final decision on the disputed matter. 2. The Parties agree to only utilize the dispute resolution process in good faith and agree to expedite, to the extent possible, the dispute resolution process whenever it is used. 3. Implementation of these dispute resolution procedures shall not provide a basis for delay of any activities required in this Order, unless Ecology agrees in writing to a schedule extension. K. Extension of Schedule 1. An extension of schedule shall be granted only when a request for an extension is submitted in a timely fashion, generally at least thirty (30) days prior to expiration of the deadline for which the extension is requested, and good cause exists for granting the extension. All extensions shall be requested in wTiting. The request shall specify: a. The deadline that is sought to be extended; b. The length of the extension sought; c. The reason(s) for the extension; and d. Any related deadline or schedule that would be affected if the extension \\Fere granted. Agreed Order No. DE-07TCPHQ-5024 Page 16 of21 2. The burden shall be on the City to demonstrate to the satisfaction of Ecology that the request for such extension has been submitted in a timely fashion and that good cause exists for granting the extension. Good cause may include, but may not be limited to: a. Circumstances beyond the reasonable control and despite the due diligence of the City including delays caused by unrelated third parties or Ecology, such as (but not limited to) delays by Ecology in reviewing, approving, or modifying documents submitted by the City; b. Acts of God, including fire, flood, blizzard, extreme temperatures, storm, or other unavoidable casualty; or c. Endangerment as described in Section VIILM (Endangerment). However, neither increased costs of performance of the terms of this Order nor changed economic circumstances shall be considered circumstances beyond the reasonable control of the Port. 3. Ecology shall act upon any written request for extension in a timely fashion. Ecology shall give the City written notification of any extensions granted pursuant to this Order. A requested extension shall not be effective until approved by Ecology. Unless the extension is a substantial change, it shall not be necessary to amend this Order pursuant to Section VIILL (Amendment of Order) when a schedule extension is granted. 4. An extension shall only be granted for such period of time as Ecology determines is reasonable under the circumstances. Ecology may grant schedule extensions exceeding ninety (90) days only as a result of: a. Delays in the issuance of a necessary permit which was applied for in a timely manner; b. Other circumstances deemed exceptional or extraordinary by Ecology; or c. Endangerment as described in Section VIILM (Endangerment). Agreed Order No. DE-07TCPHQ-5024 Page 17 of 21 L. Amendment of Order The project coordinators may verbally agree to mmor changes to the work to be performed without formally amending this Order. Minor changes will be documented in writing by Ecology within seven (7) days of verbal agreement. Except as provided in Section VIII.N (Reservation of Rights), substantial changes to the work to be performed shall require formal amendment of this Order. This Order may only be formally amended by the written consent of both Ecology and the City. The City shall submit a written request for amendment to Ecology for approval. Ecology shall indicate its approval or disapproval in writing and in a timely manner after the written request for amendment is received. If the amendment to this Order represents a substantial change, Ecology will provide public notice and opportunity to comment. Reasons for the disapproval of a proposed amendment to this Order shall be stated in writing. If Ecology does not agree to a proposed amendment, the disagreement may be addressed through the dispute resolution procedures described in Section VIIL] (Resolution of Disputes). L.Endangerment In the event Ecology determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment on or surrounding the Site, Ecology may direct the City to cease such activities for such period of time as it deems necessary to abate the danger. The City shall immediately comply with such direction. In the event the City determines that any activity being performed at the Site is creating or has the potential to create a danger to human health or the environment, the City may cease such activities. The City shall notify Ecology's project coordinator as soon as possible, but no later than twenty-four (24) hours after making such determination or ceasing such activities. Upon Ecology's direction the City shall provide Ecology with documentation of the basis for the determination or cessation of such activities. If Ecology disagrees with the City's cessation of activities, it may direct the City to resume such activities. If Ecology concurs with or orders a work stoppage pursuant to Section VIILM (Endangerment), the City's obligations with respect to the ceased activities shall be suspended Agreed Order No. DE-07TCPHQ-5024 Page 180f21 until Ecology determines the danger is abated, and the time for performance of such activities, as well as the time for any other work dependent upon such activities, shall be extended in accordance with Section VIII.K (Extension of Schedule) for such period of time as Ecology determines is reasonable under the circumstances. Nothing in this Order shall limit the authority of Ecology, its employees, agents, or contractors to take or require appropriate action in the event of an emergency. M. Reservation of Rights This Order is not a settlement under Chapter 70.1 05D RCW. Ecology's signature on this Order in no way constitutes a covenant not to sue or a compromise of any of Ecology's rights or authority. Ecology will not, however, bring an action against the City to recover remedial action costs paid to and received by Ecology under this Order. In addition, Ecology will not take additional enforcement actions against the City regarding remedial actions required by this Order, provided the City complies with this Order. Ecology nevertheless reserves its rights under Chapter 70.105D RCW, including the right to require additional or different remedial actions at the Site should it deem s~ch actions necessary to protect human health and the environment, and to issue orders requiring such remedial actions. Ecology also reserves all rights regarding the injury to, destruction of, or loss of natural resources resulting from the release or threatened release of hazardous substances at the Site. N. Transfer of Interest in Property No voluntary conveyance or relinquishment of title, easement, leasehold, or other interest in any portion of the Site shall be consummated by the City without provision for continued implementation of all requirements of this Order and implementation of any remedial actions found to be necessary as a result of this Order. Prior to the City's transfer of any interest in all or any portion of the Site, and during the effective period of this Order, the City shall provide a copy of this Order to any prospective purchaser, lessee, transferee, assignee, or other successor in said interest; and, at least thirty (30) days prior to any transfer, the City shall notify Ecology of said transfer. Upon transfer of any Agreed Order No. DE-07TCPHQ-5024 Page 19 of21 interest, the City shall restrict uses and activities to those consistent with this Order and notify all transferees of the restrictions on the use of the property. O. Compliance with Applicable Laws 1. All actions carried out by the City pursuant to this Order shall be done in accordance with all applicable federal, state, and local requirements, including requirements to obtain necessary permits, except as provided in RCW 70.105D.090. The permits or specific federal, state or local requirements that the agency has determined are applicable and that are kno~n at the time of entry of this Order have been identified in Exhibit C. 2. Pursuant to RCW 70.105D.090(1), the City is exempt from the procedural requirements of Chapters 70.94, 70.95, 70.105, 77.55, 90.48, and 90.58 RCW and of any laws requiring or authorizing local government permits or approvals. However, the City shall comply with the substantive requirements of such permits or approvals. The exempt permits or approvals and the applicable substantive requirements of those permits or approvals, as they are known at the time of entry of this Order, have been identified in Exhibit Q.u_______ _..n .___. __..u..__ ___.. _ ._, ____ "___" _._On_ ._~.________. . __ _~ __ __w"._____ ____~_ ______ _ __~__ ___ _ __ __ __..____~ ___ _ __ __ _____. ..___ _ _ ______ ". __ _____ _____. ____._ _____ ____ __ "_ The City has a continuing obligation to determine whether additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order. In the event either Ecology or the City determines that additional permits or approvals addressed in RCW 70.105D.090(1) would otherwise be required for the remedial action under this Order, it shall promptly notify the other party of its determination. Ecology shall determine whether Ecology or the City shall be responsible to contact the appropriate state and/or local agencies. If Ecology so requires, the City shall promptly consult with the appropriate state and/or local agencies and provide Ecology with written documentation from those agencies of the substantive requirements those agencies believe are applicable to the remedial action. Ecology shall make the final detennination on the additional substantive requirements that must be met by the City and on how the City must meet those requirements. Ecology shall inform the City in writing of these requirements. Once established by Ecology, the additional requirements shall be enforceable requirements of this Order. The City shall not Agreed Order No. DE-07TCPHQ-5024 Page 20 of21 begin or continue the remedial action potentially subject to the additional requirements until Ecology makes its final determination. 3. Pursuant to RCW 70.105D.090(2), in the event Ecology determines that the exemption from complying with the procedural requirements of the laws referenced in RCW 70.105D.090(l) would result in the loss of approval from a federal agency that is necessary for the State to administer any federal law, the exemption shall not apply and the City shall comply with both the procedural and substantive requirements of the laws referenced in RCW 70.105D.090(l), including any requirements to obtain permits. P. Indemnification The City agrees to indemnify and save and hold the State of Washington, its employees, and agents harmless from any and all claims or causes of action for death or injuries to persons or for loss or damage to property to the extent arising from or on account of acts or omissions of the City, its officers, employees, agents, or contractors in entering into and implementing this Order. However, the City shall not indemnify the State of Washi,ngton nor save nor hold its employees and agents harmless from any claims or causes of action to the extent arising out of the negligent acts or omissions of the State of Washington, or the employees or agents of the State, in entering into or implementing this Order. IX. SATISFACTION OF ORDER The provisions of this Order shall be deemed satisfied upon the City's receipt of written notification from Ecology that the City has completed the remedial activity required by this Order, as amended by any modifications, and that the City has complied with all other provisions of this Agreed Order. X. ENFORCEMENT Pursuant to RCW 70.1 05D.050, this Order may be enforced as follows: A. The Attorney General may bring an action to enforce this Order in a state or federal court. B. The Attorney General may seek, by filing an action, if necessary, to recover an10unts spent by Ecology for investigative and remedial actions and orders related to the Site. Agreed Order No. DE-07TCPHQ-5024 Page 21 of21 C. In theevent the City refuses, without sufficient cause, to comply with any term of this Order, the City will be liable for: a. Up to three (3) times the amount of any costs incurred by the State of .Washington as a result of its refusal to comply; and b. Civil penalties of up to twenty-five thousand dollars ($25,000) per day for each day it refuses to comply. D. This Order is not appealable to the Washington Pollution Control Hearings Board. This Order may be reviewed only as provided under RCW 70.1 05D.060. Effective date of this Order: CITY OF BREMERTON STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY Phil Williams Public Works and Utility Director --~..The City~0fBremerton.._~~m ...-.... Bremerton, Washington Telephone: (360) 473-2376 Tim L. 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'-bght.. y//' " ,/', ~ '; ;, :Ill' radio Towe, ....,.... /: , -,' C'''<l " . . -c'J .., I' :~,' I' - ~~ KBRO ',/ ,x, v.. , I u \, ~o' I ,.-(,. I Mll'..... ..... ,'" \ \ 'yt< . I'" . '~ _ .... -,,' . I )'-.....,1 ,'-., T'O~\e,r.",Ji-.J I ", l' I".. ~ 1IP" -- . -" 1'~ ~~ ~ . .'" Ii, t- ,.,0.\. -', "'.. (I j \ -, ~\i~ I/L I.#~ 1 Il~H~ ..~t~~~:'W-:.;~;O'..'\\ --- ~ _." // ", <( I Pu1 'r, s u: :Wi-~~L . ~iVA!, 1'::, ~.'\' '~..- I ,r .... . \ \ ! '.. ~! :...:' J ,1. i ::::.--:../.0' X p~' GET.SOL'SO ,JIt-:>-,' , " \.. v ..!J,.I. ~ ,', ' ,. . I" ." VAL .llt~).A..~O _",r ~ ( ~,'='.irA'., ) U i.: I / \ I .--.---.. N ..2.,_.. {". :~~~I"'I'~I('~~1ttll' i /.. \~i\ !~ . j:rl,I' tlr:;~:. '1':; "'_rl. /" \ S ..... ::1:'" .....~, :t+i+ .@l~ .@ ..,1 ~, ..;' ............... ~ \ '/ \ tJfi4/ IInF-L ii, ,.- ~ V..\ __ , , - ~ -~.' 1",.' . .., .!"~h REFERENCE: USGS 7.5' TOPOGRAPHIC QUADRANGLE SHEETS "SREMERTON EAST, WASH." AND IISREMERTON WEST, WASH.II o I 2000 I SCALE IN FEET 4000 I -~~ Geo ~~ Engineers VICINITY MAP FIGURE 1 Page 1 of 1 Search Results K;;\,i',~~yJ:$~~rqh'l;(,1 Data Tax i Section Change Assessor Sales Permit Tax Account Taxpayer Township Account Site Map Request Data Data Data Statement Number Tflxpayer Address Range S_taJJ.J~ Address i 345 6TH ! 3709-001- CITY OF STREET STE NW/4 1310 ~ GO GQ GQ QQ 003 -0 102 600 13 24N A .HIGHLAND .<~ BRI;:MER TON (1422765) BREMERTON IE AVE ! W A 98337 i Tax Statement Page 1 of 1 I I I Elected Home Departments Officials I County Services I I I I Parks 8< Resources Environmental Elections/Licenses Recreation 20061' $221,360 $0 $221,360 - - ---- ~___h__ $0- 2006 General Property Tax + ssessments = $1,460.26 View: Receipt(s) on file [Click here to Print] Barbara Stephenson MAKE REMITTANCES PAYABLE TO: Kitsap County Treasurer PO Box 34303 Seattle, Washington 98124 For Informational Purposes Only Process Number 1422765 ~axpayer Name: ITY OF BREMERTON Account Number 3709-001-003-0102 I BAYVIEW ADDN BLK 001 LOT 3 NL Y 104FT ALSO LOTS 4 & 5 TGW TH TPN OF BLK 6 LOT 1 DAF BAT SE COR BLK 4 BAYVIEWTH N37*49W 133.53FT TH N23*00W 60.6FT TO X MEA LN & TPOB TH N23*00'W ALG SWL Y MGN HIGHLAND PROJ NL Y 105FT MIL TO X WITH LN 50FT DIST MEAS AT RIA SEL Y FR CTRLN OF EXT TRANSMISSION LN SD TRANS LN OAF BAT MON AT PAC & 11TH ST TH NOO*38W ALG CTRLN PAC 778.42FT TO X CTRLN OF TRANS LN CROSSING WH BEARS N44*15' FR SO PT ON SWl Y MGN HIGHLAND AVE PROJ NL Y N44 *15'E PL T & 50FT DIST SEL Y FR CTR I VALUE INFORMATION FOR TAX 2005 $199,420 $0 $199,420 "$0' Tax Property Description Land: Improvements: TOTAL VALUE: .. 'Frozen Base:~-- ... ..- Exemptions (if any): olal aual~ing Exemptions: $0 TOTAL TAXABLE VALUE:(Land + Improvements minus Qualifying Exemptions) $199,420 $0 Levy Code 0010 General Levy Rate per $100011.6241 Voted Rate - 36.2 % Voter Approved [Click here to Pay by Credit Card] [Click here to Pay by E-Check] 2006 WEB TAX STATEMENT Printed:10/2512006 CITY OF BREMERTON 345 6TH STREET STE 600 BREMERTON, WA 98337 I GENERAL TAX DISTRIBUTION I 2005 I 2006 12005 Totat $.0012006 Total: I I I $.00 Current Taxes fA,SSESSMENT 2005 200E Noxious Weed $1.02 $1.02 iA.smt Total $1.02 $1.02 $0 Delinquent Section . Year Taxes InUPen to 10/2006 Total Delinquent Amt Due: Total Collection Cost: Total $.00 $.00 TOTAL AMOUNT DUE: $173.21 First half taxes paid after April 30th will incur interest plus penalty computed on the FULL year amount (RCW 84.56.020). Account Number: 3709-001-003-0102 (1422765) ...n..................................................................................................................~........................~.n....................................._.................._...._......n.................._........................n...................................................... If you did not make a first half payment or pay the delinquent taxes listed, if any, call (360) 337-7135 for delinquent lax, interest and penalty due. Delinquent payments received without interest and penalty will be returned. See Treasurer Information link. TOTAL I Half I $173.21 $.00 I $173.211 2 CITY OF BREMERTON 345 6TH STREET STE 600 BREMERTON, WA 98337 Make Remittance Pavable To Kitsap County Treasurer - PO Box 34303 - Seattle, WA 98124 hHw//kr.wnnllh2.co.kitsan.wa.us/nls/ilisw/lis.lZenerate web statements pkg.web stateme... 10/25/2006 Kitsap County Parcel Search Map Page 1 of 1 Applications Parcel Search Hazard Locators Voter Information Maps & Data Map Library Download Data Section Downloads Data Change Request Resources What is GIS? Quick Facts Site Map Related Links GIS Home Contact Us Location Directions Parking Comments Last Updated: June 28, 2006 L .--.---.- --...--.-..-....-...-.....-- I~~I g~!ClI.().Qs_ 211 KITSAP COUNTY PARCEL SEARCH Zoom to an area: I~~~~I~' -~ r---- "" 1:---7'0" ~Q ~---T-..J " ~d'I_ / ,', ~ , I '""Y. ,. . ',"'l" !-_J_,,/ __ '1-... // ,,/' \, ~o' i i .,."', ~ / , ~t- r---..~... . ~ ~ .,' ./\ <$'. 3709-001-003-0102 '. :./ "" Copyright @ Kitsap County 2006 .r...~-"..r'- w.. Search by Tax Account A full or partial tax account numbe . .I::::--:--==.=--===:..:::~:::-:::::.:::=:::-~:~.:~--.!-._---.- . .--.. ~-.,.," Search by Address Do NOT enter Street Direction (E,' (St., Ave., Blvd., etc.). A list of potE displayed. L. .!....-- j L. ........ .---.. .... .-- -- .... .. __ Show 2005 \ - __ Shl .~~.~ Copyright @ 1995-2006 Kitsap County GIS. All rights reserved. Prival4' Policy- Disclaimer Comments/email 1. ~._. I n_______..t." ~~ lr:+M~ mn "... Im"'hC';t"'/....."'rf'pl "'P!Olrf'h/nrf'<:p.nt~ti()n/c.h::lmeleon/maD.asD?C... 1 0/25/2006 J LU ::l Z LU > c:( ~ a: c:( c.. ~ , , . PACflC ENVIRONMENTAL GROUP, INC. " ,,~ . LIGHT INDUSTRIA EVERGREEN. . PARK ~ ~>- ~ ~ ~. "'Q ~ ~ SITE LOCATION ~ ~~ ~O ~ LIGHT INDUSTRIAL - 0 Q COMMERCIAL ~ ~~ ~~ t.. % 1 .~ ~ . "1t.; ~ RESIDENTIAL ~ 1- ~ '\ RESIDENTIAL r \ 11TH PLAlli n RESIDENTIAL RESIDENTIAL 12TH STREET w RESIDENTIAL I o SCALE ~ 200 ~ 400 FEET DECOMMISSIONED CHEVRON BULK TE:RMINAL #61001351 1310 Highland Avenue Bremerton, Washington EXTENDED SITE MAP FIGURE: 2 PROJECT: 520-41.01 EXHIBIT - B EXHIBIT-B IS THE FINAL REMEDIAL INVESTIGATIONIFEASIBILITY STUDY AND INTERIM ACTION WORK PLAN. THIS WILL BE INCLUDED LATER. EXHIBIT - C CHEVRON BULK PLANT PORT WASHINGTON NARROWS SITE APPLICABLE RELEVANT AND APPROPRIATE REQUIREMENTS Chapter 70.1 05D (Model Toxics Control Act, and Chapter 173-340 WAC (MTCA Regulations) Chapter 173-204 WAC (Sediment Management Standards) Chapter -197-11 WAC (State Environmental Policy Act) Chapter 43.21C RCW Chapter 90.48 RCW (State Water Pollution Control Act) Chapter 70.105 RCW (Washington State Hazardous Waste Management Act), and Chapter 173-303 WAC (State Dangerous Waste Regulations) Chapter 70.95 RCW (Solid Waste Management-Reduction and Recycling) Chapter 173-201A WAC (Washington Surface Water Quality Standards) Shoreline Management Act, Chapter 173-14-28 WAC National Toxics Rule: 40 CFR 131.36. Chapter 173-160 RCW (Minimum Standards for Construction and Maintenance of Wells) Occupational Safety and Health Act (OSHA), 29 CFR Subpart 1910.120 Washington Industrial Safety and Health Act (WISHA) EXHIBIT - D .:<. .. fUlllITlI SUTI IlrUTlllT IF ECOLOGY , - , . ~ 1 ' . . .. . , - Toxics CI~a]lU])"PJ';ograllt,ro]iCJ ,', ' , Policy 840 - ResoUlce Contact: Policy and Technical SuppOIt Staff Effectiv~. August 1, 2005 References. WAC 173-340-840(5) Revised' September 9,2005 http://www.ecv.wagov/eiml htto:/ /wWw.ecv. wagOVlPIOeramsltCO/smulsedqualiirsthtm http://www.ecv. wagovlbiblio/0309043 ~ Replaces.' Procedure 840 Policy 840: Data Submittal Requirements Purpose: Contamin,:tted site investigations and cleanups generate a large volume of environmental monitoring data 1hat need to be properly managed to facilitate regulatory decisions and access to this da,ta by site'owners, consu1tants~ and the general public. The purpose of this policy is to describe the requirements for submitting environmental monitoring data generated/collected during the investigation and Cleanup of con~mimJted sites undeI the Model Ioxics Control' Act (MICA) and 'the Sediment Management Standards, . ,Applic.ation: Ihis policy applies to Ecology staff, potentially liable parties, prospective pl,JI'Chasel's, , state and local agencies, and Ecology contractors that inveStigate 01 manage the cleanup of CODmmin8ted sites. , - 1. Unless Otherwise Specified by Ecology, all Envb-onmental M~mitoring Data Generated . ",,'- duting ColitaDilil~ted' SifeIiive~tigationSan(rCteaDiipsnshaJf belbqufiedfobe' -----,.- ____..u__. Submitted to 'Ecology in both. Written a~d Electronic Format. Environmental monitoring data include biological, chemical, physicaI, and radiological data , generated 'dming site investigations and cleanups under the Model Taxies Control Act Cleanup Regulatio~ (WAC 173-340) and the Sediment Management Standards (WAC 173-204). . Data geneIated!colIected during site inv~gations and cleanups conducted under'an order, agreed . oIder or cpnsent decree, permi~ gIan~ loan, contract, interagency agreement, memorandum of understanding or dUIing an independent remedial action, ai~ considered environmental monitoring data. under this policy. Data generated/collected fOI non site-specific studies, site hazard assessments that result in no fiutheI action and initial site investigations are not considered environmental moni~oring data wider this . 'policy. " 2. Orders, Agreed Orders, Consent Decrees, or Permits Issued After the Effective Date of this PoliCy ShaD Include a Condition that Site-Specific Data be Submitted in Compliance with this Policy. Reports on such work that do not include documentation that the data have been submitted in compliance' with this policy shall be deemed incomplete and a notice of such provided to the , , Page 1 of5 ReviJed- September 9,2005 Policy 840 Data Submittal Requirements . submitter. These reports generally should not be reviewed until that information is provided The : assistant attOIney geneIal assigned to the site should be consulted in these situations. 3. Reports OD Independent Remedial Actions Submitted for Review After October 1, 200S, , Under Ecology's Voluntary Cleanup Program Shall Not be Reviewed Until the Data Have Been Submitted in Compliance with thiS Pollcy. Such Ieports shall be deemed ~complete~ and a notice to this effect provided to the submitter. 4. Grants, Contracts, Interagency Agreements or Memoranda of Understanding Issued After the Effective Date of this Policy ShaH Include a Condition that Site-Specific Data be, Submitted in Compliance with this Policy. Reports on such work shall not be accepted as complete 1Dltil the data have been submitted in compliance with this policy. If a paym~nt or transfeI of funds is involved in the transaction, the relevant payment 01 transfer shall be withheld uilti1 this requirement has been met. Example language'to include in these documents is attached in Appendix ft.- ,5. Data Generated During Upland Investigations and Cleanups ShaD be Submitted ElectronieaUy Using Ecology's Envirolimental Information Management System (ElM). . . . ElM is Ecology's main database for environmental monitoring data. Proper submission of data " tlno~ this system meets the requirement of submitting such data in an electronic format.. . Electronic data shall be submitted to Ecology simultaneously with the accoDlpaI?-ying printed report. ..----..-..-.._____~________.___________~_._"___n_____._____.__.._____________ _____ ___ __~ ___ _ _________ ___ _~__ ____ _ __ __ _ ~~_ ____ _ _______ ________ . Addi~onal in:fOIlIUltion o~ EM, including instructions faI data submittal, can be found on EcO~~gy's : EIM 'web si~ at h1:W:lIwww.ecy.wagovleiml.ICP.sEIM Coordinator also'is availiWle for techDiCal. as~ fu site m~nls:!gers and consultants using EIM. . 6. Data Submitted Electronically Using ElM: Shall be Checked by the Toxics Oeanup PrograDi.'s EIM Coordinator Prior to Loading the Data into ElM. " .' .' ' ..". NonnSIiy, ~tice that data have been ~tted through ElM: will come to rep's EIM Coo~- Upo~ receipt of such. a notice the ElM: COOrdinatoI 'should notifY the ~ite manager_ Similady, if the- ECOlogy site ,manager receives a notice of an EIM submittal, they should notify TCP's ElM .c, Coorditiator-. Upon receipt of the data, Tcrs EIM Coordinator reviews the subinittal for quality control and officially loads the data into the system. 7. Data Generated During Sediment Investigations and Cleanups shall be SnbntittecJ Electronically Using E.cology's Sediment Quality Information System (SED QUAL). 'SEDQUALis Ecology's data m~nagement system fOl sediment-related data. Proper sub~io:n~f data through this system meets the requirement of submitting such data in an electronic fOI:Q1aL EI~tronic data Shall be submitted to Ecology simultaneously with.' the accompwiyin~ printed repOIt Revised. September 9, 2005 Page 2 of 5 I ! I i I j . 1 I I f i I ...,,____ _u__ Lu___ I . I 1 . 1 I I I i i i I i ~ l i 1 ; i , Policy 840 Data Submittal Requirements ' 8. Sediment Sampling Data Shall be Submitted to Ecology Using the SEDQUAL Data Entry Templates. At a minim~ the following SEDQUAL data entry templates must be completed: I. Reference & Bibliography: Describes lab reports and publications that Ielate to the data being entered; 2. SUIVey:- Sample mnnber; . 3, Station: Specifies geographic location of the sediment sample. Sample,latitudellongitude coordinates must be entered using the N oIth American Datum of 1983 in U.S. Survey feet (NAD 83, U.S. feet); 4. Sample: Describes sample characteristics such as depth; and 5. Sediment Chemistry: Reports chemical concentration data iri dIy weight units. The folloWing additional templates must also be completed where these measurements/observations have been made: "1. Bioassay: BioaSsay test results; 2. Bioassay Control: Bioassay'control test results; 3. Benthic Infauna: Species abll"rl::m{"..e & diversity; 4. Tissue: Describes the organism collected; { , 5. Bioaecumulation: Reports tissue chemical concenlIations; and ______ -"____ ~__ ___ ____ __6.._.HistQpath.~Jog)'::_Rep-Qrts_ tissue_pathoIQgy:.such_as_tumoIS. .odesionsL___~_______________ .:.__.u u_ ____ 9. Electronic Data Formats ShaD be Ve~ed,to be Compatible with SEDQUAL Prior to Submittal. Because.8EDQUAL uses ASCII protocol and comma delimited text files, data fOImat verification shall be conducted prior to submittal to Ecology. Data shall be verified by downloading the SEDQUAL database, impoIting the data into the database, correcting eIroIs, and then exporting the COIrected templates. For- additional information on sediment sampling and analysis plan requirements, see Ecology publication 03-09-043 "Sediment ~ampIing and Analysis Plan Appendix". ApIil, 2003. A copy of this docwnent can be obtained fioni Ecology' s publ~cation office or downloaded from the following web site: htto://www.ecv.wagov/biblio/0309043.htmI - Additional information on SEDQUAL can be found at: http://www.ecv.wa.lZov/programs/tcp/smulsedaualfirst.h1m. I CP's SEDQUAL CoordinatOI is also available fortecbmcal assistance to site managers and consultants using SEDQUAL. 10.. Sediment Sampling Data Shan Also be Submitted to Ecology in a Printed Report Printed reports shall present the data in both ~ weight and total organic carbon normalized units in data tables that compare the results to applicable state Iegulatory criteria. Page 3 of5 Revised: September 9, 2005 PoliCy g40 Data Submittal Requirements 11. Data Submitted Electronically Using SEDQUAL ShaD be Checked by the Toxies Cleanup Program's SEDQUAL Cdordinator Prior to Loading the Data into sEDQttAt. Normally. SEDQUAL data submittals will come to ICP's SEDQUAL CoordiDator. Upon receipt of a submittal, the Coordinator should'notify the site manager. Similarly, if the Ecology site mRnager receives a SEDQUALsubmittal, they should notify rCP's SEDQUAL Coordinator. Upon receipt of the data, rcP's SEDQUAL Coordinator reviews the submittal for quality control and officially loads the data into the systen:L Approved' ~~ClJJ- James J. PendoWsld, ~gram Manager . Ioxics Cleanup Progtam " -.. ..( Poliq Disclaimer: lhis policy is inteDded solely for the guidance of Ecology staff. It is not infp!ntleil) and cannot be relied on, to create rights, substantive or proceduial; enforceable by any party in litigation wi1b:the state of Washington. Ecology may act at valiance wi1htbi$ policy depending on site-specific circumstanCeS. 01 modify OI withdraw this poliCy ~ any time. . " Revi.sed~ September 9, 2005 Page 4 of5 , , Policy 840 Data Submittal Requirements APPENDIX A: MODEL GRANT AND PERMIT CONI>mON The following condition is to be inseIted in permits, gran.~, loans, contracts, interagency agreements, meInorandmn of understandings where site-specific environmental monitoring data is expected to be generat,ed: . All .sampling data shall be submitted to Ecology in both printed and electronic formats in accordance with WAC 173-340-840(5) and Ecology T oxics Cleanup Program Policy 840: Data Submittal I Requirements. Electronic submittal of data is not required for site hazard assessments that result" in no further action and initial site investigations. (FOR GRANTS & CONTRACTS ADD: Failme to properly submit sampling data will 'result in. Ecology withholding payment and could jeopardize future grant funding .) Page 5 of5 Revised. September 9,2005 ATTACHMENT -1 un ______. ,__ _ _~____ __~_ __~._____ ~________ ___ o Chevron Property Environmental Conditions Assessment Preparedfor City of Bremerton 3027 01ympus Drive Bremerton, Washington 98310 Prepared by Parametrix 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 360-377-0014 www.parametrlx.com June 2005: 255-1896-064 ~~~.- "MIll CITATION Param.etrix. 2005. Chevron Property Environmental Conditions Assessment. Prepared by Parametrix. Bremerton, Washington. June 2005. Chevron Property Environmental Conditions Assessment I City of Bremerton CERTIFICATION The technical material and data contained in this document were prepared under the supervision and direction of the undersigned. (/l~~~,0 /' ------ ~---- kCA( Approved by Bill Webb June 20051255-1896--064 r~r~~n_.. -- "'<iI Chevron Property Environmental Condltionl A.ssulment I city or Bremr:Jton - TABLE OF CONTENTS EX ECUTIVE SUM MARy................... ................. ....... ..... .......... .... .......... ............. ES-1 1. I NTR ODUCTION .............. ....... .... ..... ..... ...... ............ ............... ......1 ... ..... ... I' ......1-1 1.1 SCOPE ....... ............................ ............ ............................................................ ........ 1-1 1.2 OBJECfIVE ................... ....................................................................................... 1-1 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS..................................... 1-1 1.3.1 Regulatory Framework .............. ..................... ............................ ......... ........ 1-2 1.3.2 Cleanup Criteria and Extent......................................................................... 1-2 1.3.3 Stakeholder Responsibility .......................................................................... 1-3 1.3.4 Property Value ............................................................................................. 1-3 1.3.5 Funding Opportunities ............. ....... .............. ................ .............. ....... ...... .... 1-3 2. BAC KG R au N D ....... I........ I" I... I.................... .... I' ..... I. .................. I... ..... ..... ... ....2-1 3. SITE DESCRIPTION ............. ...... .......... ............. ............. ................ ......... .... .... 3-1 4. PREVIOUS INVESTIGATIONS AND REMEDIATION .......~..............................4-1 5. CURRENT SITE ENVIRONMENTAL CONDITIONS ........................................5-1 --- 5-. t----- SOIl;;:-::::: ~-:-;:-::-:;-::;;;. :-.:;-.--;;;-;-;;;-;;:--; ;;;;:;;.-;:;-.--;;;; ~~-.--.~;-;;-;;;;;;;;;;-;;; ;;;;-;;;;;;;-.-; ;..-;;=;;; .;...;.-;.;;..-....... .-5-1- ----~-- - --- 5.2 GROUNDWATER .. ........................ .... ................................................. ........ ......... 5-1 5.3 SEDTh1ENT ...... ...................................... .............................. ..... ......... ......... .......... 5-1 5.4 PHASE-SEPARATED HYDROCARBONS ........................................................ 5-2 5.5 SUMMARY OF CURRENT CONDmONS........................................................ 5-2 6. DATA GAPS ....... ........ ............... ........... ..... ..................... .................................6--1 7. CONCEPTUAL REMEDIAL ACTION AL TERNA TIVES..............................;....7-1 8. RECO M M EN DATI ONS ......................................... ..................................... ...... 8-1 8.1 CONSIDERATIONS FOR PROPERTY ACQUlSmON ....................................8-1 8.1.1 Future Use of the Property ........................................................................... 8-1 8.1.2 Regulatory Framework and Risk Threshold ................................................8-1 8.1.3 Project Costs and Funding Opportunities .................................................... 8-1 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS ...................8-1 June 2005: 255-1896-064 I Chevron Property Environmental Conditions Assessment City of Brcmertoa TABLE OF CONTENTS (CONTINUED) 9. LI MIT A TIO NS II ... ............... ................... ........ ... II ...... ......... .......................... ...... 9-1 10. REFERENCES... .................................................................................... ........ 1 0-1 LIST OF FIGURES 2-1 Historical Photograph of the Site During Operational Years with all Site Improvements in Place (1963 - 1988). .................................................................. 2-1 3-1 Site Map .............................................. .............. ...._..... ........................................... 3-3 LIST OF TABLES 5-1 March 2003 Groundwater Sampling Resultsa ....................................................... 5-1 5-2 Phase-Separated Hydrocarbon Measurements a.................................................... 5-2 8-1 Alternative Cost Scenarios.................. ......... .......... ............. .............................. ..... 8-2 8-2 FlUlding Scenario for Independent Remedial Action............................................. 8-2 APPENDICES A Contaminated Site Development Strategy Letter ._ '____ ._]3 u__~~~~~~~ ~e~~~!~f~a~l}?,~s':l~e.s.!~~is~ __ ___ C List of Reviewed Documents D Remedial Alternatives Detail ii June 2005: 255-1896-064 E'r.I&.~- _, Chevron Property Environmental Conditions Assessment I City of Bremlll'lOll ACRONYMS Agreed Order BTEX City DNR Ecology MLLW MfCA. SVOC TPH VCP Agreed Order of Consent benzeze, toluene, ethylbenzene, and xylenes City of Bremerton Washington Department of Natural Resources Washington State Department of Ecology mean lower low water Model Toxies Control Act semi-volatile organic compounds total peteroleum hydrocarbons Voluntary Cleanup Program June 2005 : 255-1896-064 iii - EXECUTIVE SUMMARY Tbe City of Bremerton (City) is considering the acquisition of the former Chevron Bulk Fuel Facility located at 1310 Highland Avenue, Bremerton, Washington. This property is adjacent to Evergreen Park Phase n and is being considered for the expansion of Evergreen Park and possible integration into the Washington Avenue Sewer Replacement Project. The objective of this assessment is to assist the City in making an infonned decision regarding the purchase of this property. This report sununarizes findings from a historical document review, provides cost estimates for remedial alternatives, and provides recommendations for the city of Bremerton for considering the acquisition of this property. The fonner Chevron Bulk Fuel Facility occupies an approximately 1.5-acre site that operated as a bulk fuel terminal from approximately 1950 until it was decommissioned in 1988. Practices at the facility have resulted in contamination to soil,' groundwater, and possibly sediments. Previous site remediation has removed much of the phase-separated petroleum ~":. ~ products floating on the groundwater surface and may have reduced the mass of contaminants in soil. Gasoline, diesel, heavy oil, benzene, and lead remain in groundwater and/or soil at concentrations exceeding the Model Toxics Control Action Method A regulatory limits. Significant data gaps exist that prevent characterization of the site inCluding a lack of recent soil and groundwater data, limited sediment data, an absence of fate and transport information or a site conceptual model, and limited monitoring points along the shoreline to evaluate contaminants the may migrate off site at the likely point of compliance. An evaluation of potential remedial alternatives was completed to assess regulatory and cost criteria for possible site cleanup. The results of this evaluation. suggest that the City consider two alternatives for remediation: · Alternative 2: Point of Contact Compliant Soil Capping System with ------- ------Giounnwater l\fomforiDiC-::': The-soil'cappmg--ilItemative-'proVides--i-barnerto----_u receptors for the upland portion of the site. This alternative does not provide containment for groundwater contaminants to migrate off-site. Institutional controls would be required to ensure protective conditions are maintained. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. This alternative offers a lower cost with a lower level of containment than Alternative 3. Estimated Cost: $681,000. · Alternative 3: Point of Contact Compliant SoU Capping System and Cutoff Wall with Groundwater Monitoring - The cap/cover plus cutoff wall alternative provides a higher degree of containment than the cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. TIlls alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. lbis alternative offers a higher level of containment with a higher cost than Alternative 2. Estimated Cost: $1,100,000. In addition, consideration of future liability and funding considerations suggests that the City should pursue and Agreed Order of Consent with the Washington State Department of Ecology (Ecology) to implement Alternative 2. Operating under and Agreed Order with Ecology would make the City eligible for grant funding under the Brownfields program for assessment and cleanup grants with a maximum value of $550,000 and fimding from Ecology for up to 50 percent of cleanup costs. Both of these alternatives assume 20 years of monitoring and no work beyond the parcel boundaries. June 2005 : 255-1896-064 ES-I lKl'-'f.'OIlI _ --- Chevron Property Environmental Conditions Assusmmt I City ofBremertOD 1. INTRODUCTION The City of Bremerton (City) is considering the acquisition of the fonner Chevron Bulk Fuel Facility located at 1310 Highland Avenue. Bremerton, Washington. This property is adjacent to Evergreen Park Phase II and is being considered for expansion of Evergreen Park and integration into the new Bremerton Boardwalk and Washington Avenue Sewer Replacement project. This report summarizes the findings of a document review performed to evaluate conditions at the Chevron Property and to provide cost estimates for possible remedial alternatives. Considerations for the City regarding acquisition of the property include future re-use of the property. potential liability, cost for acquisition and cleanup. and community value. 1.1 SCOPE As part of this task. historical documentation provided by the City of Bremerton was reviewed. cost estimates for potential cleanup scenarios were prepared and a meeting with the Washington State Department of Ecology (Ecology) was held to discuss possible technical and administrative alternatives for remediation. Other actions performed included a review of a proposed Purchase and Sale Agreement between Chevron. USA and the City of Bremerton. and sediment sampling to evaluate whether or not contAmination appears in the nearshore sediments. The scope of this report does not include aU criteria set for under ASTM 1527-00 or EPA AAI under 40 CFR Part 312. --- -1~2 OBJECTIVE----- The objective of this review is to assist the City in making an informed decision regarding the purchase of this .property by summarizing environmental conditions at the site. evaluating possible remedial alternatives and developing recommendations regarding potential cleanup liability to the City associated with acquiring this property. 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS Chevron has provided the City of Bremerton with a proposed purchase and sale agreement for the Chevron property. Under the current purchase and sale agreement. Chevron would transfer all future environmental liabilities to the City of Bremerton. A detailed response to the liability considerations regarding hazardous materials is docwnented in a letter dated April 22. 2005 from Parametrix to the City of Bremerton. A copy of this response is included in Appendix A. In considering potential cleanup liability or actions that may be associated with the acquisition of the Chevron property, the City of Bremerton should understand the following: . Regulations that will define any future liability . Cleanup criteria and possible extent of cleanup . Responsibilities of all stakeholders . Appropriate property value . Options for funding a potential cleanup These considerations are described below. June 2005: 255-1896-064 1-1 I Chevron Property Environmental Conditions Assessment City of Bremerton 1.3.1 Regulatory Framework This law governing this site is the Model Toxies Control Act (MTCA) (Chapter 70.10SD RCW). According to MTCA Regulations (Chapter 173-340 WAC), the City may perform and . Independent Remedial Action, enter the Voluntary Cleanup Program (VCP), negotiate an Agreed Order of Consent (Agreed Order) or take no action which may result in a possible enforcement order, each of these is discussed below: · Independent Remedial Action: Undertaken without oversight or consent from Ecology, this approach would allow for maximum control by the City but would not necessarily resolve long-term cleanup liabilities (if Ecology is not satisfied with the cleanup or if additional contamination is identified, Ecology may require a more comprehensive cleanup) nor does it provide for the opportunity to received cleanup funding from Ecology. · Voluntary Cleanup Program: Undertaken in cooperation with Ecology, Ecology provides oversight and review of cleanup activities with the goal being"issuance of a "No Further Action" determination. Up to $200,000 of eligible cleanup cost reimbursement is available through Ecology following the determination. It may be problematic for this site to receive this determination. · Agreed Order: A negotiated agreement with Ecology which. defines the responsibility and extent of cleanup for a site. This approach transfers a levd of control to Ecology and provides an opportunity "to receive funding from Ecology at up to 50 percent of the study and remediation costs.. An Agreed Order was negotiated for Evergreen Park Phase II. Ecology is currently considering whether or not that Agreed Order could be extended to this site. · . -NoAction:--The€ity may opt to"take no "action-anhis-site:The "site-lfas beenliStea-m-- with Ecology. Ecology has the option to issue an enforcement order if they believe a cleanup solution cannot be achieved through negotiation or if there is an emergency. If the City takes no action and Ecology chooses to issue an enforcement order, the City has the option to perform the cleanup as directed by Ecology or take no action at which time Ecology may undertake the cleanup and recover costs from the responsible party at up to three tiines the actual cost of cleanup. In addition, the State Attorney General's office can fine the party in violation of an enforcement order up to $25,000 per day of violation. 1.3.2 Cleanup Criteria and Extent Any cleanup action taken at the site should be designed to limit exposure to human and i sensitive environmental receptors either by physically containing the site to avoid contact or , by removing sufficient contaminated material to eliminate the risk. The City has the option to negotiate both the criteria and the extent of cleanup under an Agreed Order or through the Voluntary Cleanup Program. Any Independent Remedial Action should also be based on a defensible cleanup criteria scenario. A general understanding of cleanup criteria and extent of cleanup that may be required for this site would be useful in determining which approach would best meet the needs of the City. Default cleanup criteria are available Under MTCA Method A. MTCA also provides the responsible party with the option to develop risk-based criteria specific to their site. Chevron has not developed these criteria, nor is these criteria developed in this report. The default criteria are often more stringent than criteria negotiated based on site conditions or risk to human health or the environment. 1-2 June 2005: 255-1896-064 ~~~ J Chevron Property EnvircmmenlaJ Conditions .4ssessmenl I City ofBremer1OD The default extent of cleanup includes all areas impacted by the release(s) and is not limited to property boundaries or shorelines. Under an Agreed Order, the extent of cleanup would be negotiated and defined. Under the VCP, it may be possible to negotiate the extent of cleanup, but the larger site definition is generally followed. 1.3.3 Stakeholder Responsibility A clear understanding of the roles and responsibilities of each stakeholder would provide the City with additional information for negotiating both the purchase and sale of the property and assistance in negotiating and funding any potential cleanup. Stakeholders include: . Chevron currently holds responsibility for all environmental impacts. . Ecology is the regulatory agency and has access to funding for public agencies. . Washington Department of Natural Resources (DNR) owns the tidelands which may be impacted by releases from the site. A tidelands lease appears to have been rescinded by DNR, citing future use of the area, disposition of existing improvements and potential for contaminated sediments. A copy of the lease information is provided in Appendix B. . The City of Bremerton is. the potential purchaser and owns adjacent property that may be impacted by releaSes from the site. 1.3.4 Property Value - .' The assessed value of the property for taxing purposes is approximately $200,000. The appraisal provided by Chevron values the property at $730,000. The City should consider . ..__. whether ornotadditionalevaluationoftheproperty_V'a.lll~j~w~~. ..... ..--- ----- ._n__un_ 1.3.5 FUJ::ldlng Opportunities Several funding sources are available, depending on the approach identified. Funding sources for this project include: . Ecology may provide Site Study and Remediation Grants if they are involved in the remediation. . EP A Brownfields offers assessment and cleanup grants and cleanup loans. . Private Investment such as service organization contributions or foundation grants for park development. . Park development grants through the Interagency Committee for Outdoor Recreation. Evaluations of these steps related to a cleanup alternative are addressed in Section 7. June 2005: 255-1896-064 1-3 2. BACKGROUND The Chevron Site was developed in 1946 and expanded up to 1963. It operated as a bulk fuel tenninal until it was decommissioned in 1988 (Ecology 1991). By 1988, all buildings and major facilities were removed with the exception of a pier, and some of the concrete slabs and asphalt paving (GeoEngineers, 1988). Previous site remediation included active product removal and installation and operation of soil vapor extraction system. These remedial activities have removed phase-separated petroleum product floating on the groundwater surface and may have reduced overall soil contamination. However, gasoline, diesel, heavy oil-range hydrocarbons, benzene ~ and lead remain in groundwater and/or soil at concentrations exceeding MTCA Method A regulatory criteria. Figure 2-1 shows the Chevron Bulk Fuel facility during operational years. Figure 2-1 Historical Photograph of the Site During Operational Years with All Site Improvements In Place (1963 -1988). June 2005 I 255-1896-064 2-1 ... --- 3. SITE DESCRIPTION The former Chevron Bulk Fuel Facility occupies an approximately 1.5 acre site located at 1310 Highland Avenue, Bremerton, Washington. The site is bordered by Highland Avenue to the southwest, a privately-owned property to the south, and the Port Washington Narrows waterway along the eastern and northern portions of the site (Figure 3-1). The site elevation is approximately 10 to 25 feet above mean sea level. The facility is divided into the upper and lower yard by a wooden and concrete bulkhead. These structures are not visible. The Upper Yard is located on the sOuthern half of the property; the Lower Yard is approximately 10 feet lower in elevation than the Upper Yani and is located on the northern half of the property. There are currently no above-ground structures in place on the property. There is an existing concrete pad, and evidence that a soil vapor extractions system and several monitoring wells are still in place below ground. The site is vegetated with Scotch Broom, blackberries and other light vegetation, a derelict pier is located on the western portion of the site. Soil borings indicate that subsurface soils consist of silts and silty sand on top of either Vashon Till or fill material. The area beneath the Upper Yard consists ofVashon till, dense, low-permeability glacial flour. The area beneath the Lower Yard consists primarily of imported fill material. The fill is approximately I8-feet thick (pacific Environmental Group, 1994). Some large concrete pieces (rip rap) were encountered during soil boring advancement near the shoreline in the Lower Yani (GeoEngineers, 1988). June 2005: 255-1896-064 H - SMITH'S COVE I . Parametrlx o~ DIllE: 06IlI:wa 3_ F1LE: 8Rt_POt'Tll1P-F2 120 1 Figure 3-1 Plumber's Union Project Location Map SCALE IN FEET 4. PREVIOUS INVESTIGATIONS AND REMEDIATION A review of existing documentation related to environmental conditions and cleanup actions was provided by the City of Bremerton. This documentation was reviewed to compile the summary presented in this section. A list of all documents reviewed for this report is provided in Appendix C. Active environmental investigations began on the site in 1988. Chevron advanced 12 soil borings and installed monitoring wells in nine of these borings. Soil and groundwater samples were collected and analyzed for gasoline. diesel #1. diesel #2. and benzeze. toluene. ethylbenzene, and xylenes (BTEX). Sample analyses showed all areas of the site contaixied petroleum hydrocarbon concentrations in excess of MTCA Method A regulatory standards. with the. highest concentrations found in areas where above ground storage tanks were historically located. Groundwater was DOted to flow to the north. (Geo-Engineers, 1988). Ii1:> June 1989 Chevron installed a product recover)" pump to remove phase-separated hydrocarbons. This pmnp operated in MW -4 and MW -6 and removed approximately 2S gallODs of petroleum product 'over a one-year period. In addition. field technicians removed approXimately 22 gallons of product from wells MW-9. MW-13. MW-14 and MW-15 over a 7-month period in 1990 (Hart Crowser, 1991). Additional investigations continued wtil 1991. some of the initial wells were lost or destroyed and additional wells were installed. In 1991, the Department of Ecology performed a Site Hazard Assessment for the property. Chevron representation was present during the sampling phase of this assessment to collect split samples for independent analysis. Groundwater and sediment samples collected were analyzed for semi-volatile organic compounds (SVOC), total peteroleum hydrocarbons ... {TPH);-- total-lead;- and - benzeze,-toluene,ethylbenzene, - and.- xylenes- BTEX._ Because__ oL_______ surrogate and spike recovery issues at the laboratory and low relative percent difference between the split samples. this data is unreliable. Results of petroleum hydrocarbon levels generally suggest contamination in the range of 50 to 400 mglkg and lead analyses showed lead levels ranging between 10 and 100 mg/kg (Ecology, 1991. Hart Crowser, 1991b). As part of the Site Hazard Assessment. Ecology estimated quantities of liquid hydrocarbons at the site to be approximately 135,000 gallons; Chevron estimated quantities of liquid hydrocarbons at the site to be approximately 8,4S0 to 13.550 gallons. . In November 1990. Chevron installed a soil vapor extraction system (Hart Crowser, 1991c). This system ran until 1994 at which time the recovery rates leveled off and were too low to justify the cost of continued operation. It is estimated tl1at approximately 195,000 pounds of hydrocarbons were removed using this technology (Emcon. 1998). In 1994. Chevron performed an air sparging pilot test at the site which indicated that air sparging technology would work at the site. No actions were taken as a result of this test. Quarterly monitoring of groundwater at selected wells continued through 1997 and semi- annual monitoring continued until March 2003. Following cessation of the soil vapor extraction system operations in 1994, no trend showing a reduction in concentrations of gasoline, diesel or BTEX has been observed. During initial site investigations (1988-1990), phase-separated hydrocarbons were measured in a number of monitoring wells with thicknesses up to 4 feet. Since cessation of product recovery, the presence of phase-separated hydrocarbons is reported to be intennittent. with measured thicknesses of less than 3/4 inch. June 2005: 255-1896-064 4-1 lIIII t~ 4-2 - Two water-bearing units are reported to be present on the site; however, they do not appear to be distinct. (pEG, 1994). Groundwater very near the Port Washington Narrows may be tidally influenced (GeoEngineers, 1988); however, wells further inland do not appear to show tidal fluctuation (Ecology, 1991). No studies of tidal influences on groundwater, beyond an incidental observation, were found in the data. June 2005: 255-1896'{)64 -11I- 5. CURRENT SITE ENVIRONMENTAL CONDITIONS This section presents a summary of CWTent site environmental conditions based on a review of documentation provided by the City. With the exception of three sediment samples collected, no investigations were performed in support of this report. The information related to soil, groundwater, sediment and phase-separated hydrocarbons presented below is collected from previous investigations. The most recent data reported was collected in 2003 and would not meet the standard for ASTM-1527 or prospective purchaser under EPA 40CFRPart 312. 5.1 SOIL Very little is known about current soil conditions at the site. No soil investigations were performed following the remediation actions taken in the early nineties. Prior to remediation activities, gasoline and diesel were detected in the soil at 100-200 times MTCA Method A regulations and BTEX concentrations were detected in the soil at up to 40 times MTCA Method A regulations (Ecology 1991). The vapor extraction system installed in 1991 and operated until 1994 is reported to have removed 195,000 pounds of hydrocarbons :from the site. It is anticipated that concentrations in the soil today would be reduced in comparison to the results of initial sampling. 5.2 GROUNDWATER The most recent groundwater data was collected by Chevron in March 2003. Groundwater samples were collected from six wells, the results of these analyses are presented in Table 5-1. Table 5-1. March 2003 Groundwater Sampling Results. Contaminant MTCA Method A: MW-6 MW-9 MW-18 MW-21 MW-22 MW-23 Diesel (uglL) 500 4,400 6,300 80,000 970 1,500 270 011 (ug/L) 500 4,100 2,400 <10,000 NO 500 NO Gasoline (uglL) 800 1,200 8,200 810 6,500 100 NO Benzene (uglL) 5 39 550 NO NO 0.89 NO . (Gettler-Ryan, 2003) 5.3 SEDIMENT Ecology and Chevron collected sediment samples in 1991; however, the results were rejected due to data quality issues. No other sediment evaluations were identified in any of the docwnentation reviewed. Three composite sediment samples were collected as part of this assessment on April 26, 2005. The samples were analyzed for gasoline, diesel and heavy oil. No contaminants were detected in any of the samples. The samples were collected from an area west of the existing pier where staining was noted in 1991, at a location approximately ten feet east of the end of the shoreward portion of the derelict pier and at the southern . boundary of the property. line 72 feet from the bulkhead. During the sampling effort no June 2005: 255-1896-064 - 5-1 discharges onto the beach were observed and no sheen, odor or obvious staining was noted (parametrix, 2005). 5.4 PHASE-SEPARATED HYDROCARBONS Phase-separated hydrocarbons were observed in some wells during the 2003 groundwater sampling event. Table 5-2provides a summary of free product observations. Table 5-2. Phase-Separated Hydrocarbon Measurements. Sheen or measurable product during at least one observation Maximum Product Thickness Recovery ActIvities Historic (1988-2002) 11 of 17 wells Current (2003) 3 of 17 wells 4 feet Active pump system installed, bailers used during sampling events. Less than ~ inch. Recovery not practical. "Gettler-Ryan. 2003 5.5 SUMMARY OF CURRENT CONDITIONS Groundwater currently exceeds MTCA Method A regulatory criteria. Soil conditions are not - known but historically have exceeded MTCA Method A regulatory criteria. Historical sediment data shows contamination, but recent sampling did not show contamination. All of the data presented in this section is limited by the data gaps discussed in Section 6. Additional ...-.-------- ---- characterization may-be-requireddepending-on-theselectedapproach,-. ------.-.----..---.---------- --- .-- 5-2 June 2005: 255-1896-064 rl)i~ "'" - -.-- - .-z!I -- 6. DATA GAPS Based on information reviewed, several data gaps were identified tbat may affect a prospective purchasers future cleanup liability. This means that Ecology could require additional sampling prior to negotiating cleanup criteria and extent or the City may elect to . perform some additional sampling to better understand conditions prior to deciding on a regulatory approach. While we believe that sufficient data exists to prepare cost estimates of potential property liability, these factors do create some level of uncertainty. Data gaps include: . No data since 2003: Two year old data does not meet the standard for AAI under 40 CFR, Part 312 or the guidelines set forth under ASlM 1527-00 that may affect a prospective purchaser's future cleanup liability. ;It is not known if site conditions have changed since 2003. . Absence of fate and transport information: No data exists to establish trends in natural attenuation processes. While considerable chemical data is present, no determination of natural degradation processes (methagenesis, sulfate/iron reduction, etc.) and no mobility modeling bas been performed. . No Site Conceptual Model Exists: No site conceptual model bas been developed . for this site. A site conceptual model may be recommended or required to develop risk-based cleanup criteria . Limited coverage for monitoring points: Several of the wells located along the edge of the property have been damaged or lost and no data is available for these locations. Without adequate coverage for sentinel wells, the levels of cont::lmin::lnts that maybe migrating_offthe_propertyjs_not~W!l-______-':_ ______._._ _~_ ___ _u__m m____. __ . Unknown soll conditions: Site soil data were collected prior to the implementation of any remedial actions. Current soil conditions are not known and the volume of continuing source material that may remain at levels exceeding MTCA regulations cannot be evaluated.. . Sediment data is indicative rather than definitive: Sediment data is sparse, limited in quantity with no off-shore data collected. Three sampleS were collected as part of this assessment and indicated that no hydrocarbon contamination was present. Ecology of the Washington Department of Natural Resources may require additional characterization to demonstrate that impacts are not present in the off-shore environment. . Impacts to adjacent properties are unknown: Cont::lminants from this site may have migrated off-site to an adjacent property. Potentially-impacted properties are owned by the City of Bremerton, Washington Department of Natural Resources and privately-owned parcels to the north. Consideration of the tenns of the purchase and sale agreement should include a discussion of the potential liability from these adjacent properties. The lack of information regarding current soil conditions, sediment conditions, and lack of recent groundwater data or adequate coverage for monitoring wells present the most significant unknowns for this site. Additionally, the lack of a site conceptual model may make it difficult for the City to negotiate less restrictive cleanup criteria. Future actions to address these unknowns are impacted by the stakeholder responsibilities and regulatory scenario selected for this property as discussed below: June 2005 : 255-1896-064 6-1 . Under any scenario Ecology may mandate or the City may elect to install additional monitoring wells to evaluate groundwater conditions at the property and to collect a baseline set of groundwater data from selected wells. This would mitigate the data gaps related to a lack of recent data and limited coverage for monitoring points. . Under an Agreed Order, the level and extent of any cleanup would be negotiated and defined and Ecology would identify any additional investigation requirements. This would help to mitigate the liability associated with impacts to DNR properties and the possibility of a future enforcement order from Ecology. In addition, collection of fate and transport information or the development of site conceptual model would likely not be required. This may also eliminate the need to collect additional soil or sediment data. . Through the VCP the City would likely be required to collect additional soil. and sediment data to develop a cleanup action plan. This would resolve the data gaps related to unknown soil and sediment conditions. . Under a "no action" or Independent Cleanup scenario the City may additionally elect to install borings to evaluate current site soil conditions and to consider future liability as unidentified source areas may ~st. This would resolve the data gap related to unknown soil conditions. . Under an Agreed Order or the VCP, additional sampling of soil, groundwater and sediment data would provide a basis for the City to negotiate risk-based cleanup criteria which may be less restrictive. This would resolve the data gaps related to unknown soil and sediment conditions. 6-2 June 2005: 255-1896-064 1.'I}l~_ " 7. CONCEPTUAL REMEDIAL ACTION ALTERNATIVES Several remedial alternatives were developed to assess potential cleanup costs for the site. The remedial alternatives evaluated range from no action with monitoring (low cost, low effectiveness) to significant excavation (high cost, high effectiveness). A list of remediation options was considered in developing the remedial alternatives. These options are listed below. Groundwater The following remedial options were used in developing alternatives for grOWldwate.r remediation: . MonitoringINatural Attenuation (20 year duration) - Monitor six wells semi-annually for 10 years, annually for 10 additional years. . Dewatering - Maintain groundwater levees below the existing hydrocarbon "smear" zone to aid removal of residual free product, reduce potential for migration of contllmimmt,o; in soil, and possibly enhance natural attenuation processes. Soil The following remedial options were used in developing alternatives for soil remediation: . Cap and Cover - Install cap consisting of a g~composite clay liner and clean soil cover layer. . Cutoff Wan - Contain site groundwater with an oil-resistant geomembrane or sheet _____pilewalL_ _ __ _____________ _ __ ________ __ _n_____ _U__ . Soil Excavation - Excavation and offsite disposal of contaminated soil. This option is included for completeness to provide an upper bound remediation cost. An in-situ remedial alternative, Oxygen Releasing Compound, was considered but it was determined that this site is not a good candidate for this type of remediation due to the presence of free product in some wells and soil conditions. Sediment The following remedial options were used in developing alternatives for sediment remediation: . Sediment Removal- Excavation of a 3-foot layer of sediment located between the toe of the shoreline bank and the mean lower low water (MLL W) line. Sediment would be excavated in the dry during low tides and disposed of off-site in a Subtitle D landfill. This estimate is based on an assumed volume of 3,000 cubic yards. . Sediment Capping - Placement of an oil-resistant geomembrane and 3 feet of cobblyopit run fill over sediment located between the toe of the shoreline bank and the extreme low water line. Exact dimensions are unknown, and a 50xlOO foot impacted area was estimated for purposes of estimated costs. The remedial alternatives presented below were developed from these options. Details and estimated line item costs associated with these alternatives are provided in Appendix D. (1) Monitoring with no active remediation or institutional controls such as deed restrictions. June 2005: 255-1896-064 7-1 kJI".:'-. 7-2 - (2) Point of contact compliant soil capping system with monitoring and institutional controls such as deed restrictions. (3) Point of contact compliant soil capping system and cutoff wall with monitoring and institutional controls such as deed restrictions. (4) Cutoff wall and dewatering with monitoring and institutional controls such as deed restrictions. (5) Point of contact compliant soil capping system, cutoff wall and dewatering with monitoring and institutional controls such as deed restrictions. (6) Cutoffwall and soil excavation with limited monitoring. Each of the upland alternatives were evaluated for effectiveness/risk reduction, implementability, and cost. The scoring analysis used to evaluate the alternatives is presented in Table 8-1. The alternatives which presented the highest value based on these eval~on criteria are summarized below. · Alternative 2: Cap and Cover with Monitoring - The cap and cover alternative provides a barrier to receptors for the upland portion of the site but does not provide containment for groundwater or soil contaminants to migrate off-site along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap and cover alternative is $680,000 which includes 20 years of groundwater monitoring. This alternative offers a lower cost with a lower level of containment than Alternative 3. · Alternative 3: Cap, Cover and Cutoff Wan with Monitoring - The cap/cover - --------pfusuciifofrwaU-attemiiHve woula-proViaC;-a-fUgber-degree-o{coritaiiUileiii-ilWi- the---- - cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap/cover plus cutoff wall alternative is $1,100,000, which includes 20 years of groundwater monitoring. This alternative offers a higher level of containment with a higher cost than Alternative 2. Sediment remediation, if required, is estimated to' cost' an additional $300,000. Please note these cost estimates are based on the limited site data currently available. Actual remedial action construction costs can be anticipated to be within -30 percent to +50 percent of the costs indicated in Appendix D. June 2005: 255-1896-064 - - 8. RECOMMENDATIONS 8.1 CONSIDERATIONS FOR PROPERTY ACQUISITION Prior to acquiring the Chevron property, the City of Bremerton should consider several factors that may impact the decision whether or not to purchase the property and the terms of a purchase and sale agreement. 8.1.1 Future Use of the Property This property is an excellent candidate for future development as. a park. If a capping alternative is selected, the cap could consist of soil and grass, or other appropriate vegetation and would be eligible for cleanup grant funding. Future property re-use that would potentially require disturbance of contllm;nated soils may be problematic unless a soil excavation alternative is selected due to institutional controls placed at the site under any other alternative. 8.1.2 Regulatory Framework and Risk Threshold Any regulatory approach which involves the Department of Ecology has implications both in regards to liability, and funding. The City should consider the level of risk, benefits to the enviromnent and community, and funding strategy as some approaches provide an opportunity for liability reduction, lowered risk to human health and the environment and an opportunity to pursue State or Federal funding and others do not. 8.1.3 Project Costs and Funding Opportunities n n_ud ---- The- overall costs -to the-City for the project should.be considered.uThese -would include the un__. _un -- . sale price of the property, the cost for cleanup or potential costs for no action, the costs for construction if the property will be re-used, the parameters surrounding funding opportunities and the overall value to the City. 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS Based on the cleanup cost estimates presented in Section 7 and the considerations identified in Sections 1.3 and 8.1, different programs should be considered during the redevelopment of this property. While no guarantee exists regarding either Ecology requirements for remedial action or grant receipt, a reasonable scenario would assume the selection of either Alternative 2 or 3 and a high probability of both Ecology cost match and Brownfields Grant funding. Sediment issues appear to be negligible however, sediment data is very limited and additional characterization and/or remediation of sediments is possible. For purposes of this report, it is assumed that Alternatives 2 or 3 would be selected and that no sediment cleanup would be required. Options for selecting a cleanup program based on this would include: . Agreed Order: Under this scenario the City could recover up to 50 percent of cleanup costs from Ecology. In addition, Brownfields Grants could be used to defray City expenses. Benefits of this approach include greater access to funding sources as well as lower long term liability to the City. Risks associated with this alternative include no guarantee of funding, higher project costs, and the probability that a more rigorous cleanup alternative (Alternative 3) would be required. Two cost scenarios were evaluated. They are presented in Table 8-1 June 2005: 255-1896-064 8-1 - 8-2 Wr.-. Table 8-1. Alternative Cost Scenarios Total Cost Ecology Share (50% match, up to) Brownfields Assessment Grant (no match, up to) Brownfields Cleanup Grant (20% match, up to) City Match or Cleanup Grant (maximum) Alternative 2 $681,000 $340,000 $200,000 $350,000 $70,000 AlternatIve 3 $1,094,000 $547,000 $200,000 $350,000 $70,000 . Independent Remedial Action: This approach is regulated by WAC 173-340-151. Under this scenario the City would act independently of Ecology, conduct remedial action, submit a report to Ecology, and await response. Benefits of this approach include City control over selection of an alternative and lower overall project costs. This would create less financial risk to the City if no cost recovery occurred. The limitations of this approach include no possibility of obtaining funding from Ecology, a lower probability of obtaining Brownfields Grants and increased long term liability to the City. It should be noted that (based on over 15 years of inaction) enforcement action at this site is highly unlikely as long as the City makes a good faith effort to improve current conditions. This does not prevent future enforcement action however. Should the independent cleanup action be selected, a cost scenario for Alternative 2 is shown in Table 8-2 (cap and cover would be selected by the City based on cost). --Table 8-2. f'undlng-ScenarlofoF Independent-Remedlal- Actlon- Total Dollars Total Cost Brownfields Cleanup (20% match, up to) City Match $681,000 $350,000 $70,000 Based on this analysis and assuming that sediments are not an issue, we recommend that the City proceed with an Agreed Order strategy. Negotiation of the Agreed Order would likely involve the implementation of a remediation approach similar to Alternatives 2 or 3. Additional sediment characterization may be required as part of this Agreed Order. However, this approach is still the best value to the City based on two factors: . Probability of grant funding for cost recovery. . Reduction oflong-tenn liability. June 2005: 255-1896-064 9. LIMITATIONS The potential for environmental liability associated with the release or threatened release of hazardous substances. and compliance with federal and state environmental laws, has become a major concern with many public agencies and private companies considering property transaction. Federal and state regulations do not specify the amount of effort necessary to determine environmental status of real property. However, if brought to litigation, the court will consider specialized knowledge or experience of the def~dant, the relationship of the purchase price to the value of the property, and the ability to detect such contamination by appropriate inspection. parametrix performed this assessment with a limited amount of historical data. Judgments leading to conclusions and recommendationS are made generally, with an incomplete knowledge of the subsurface and former conditions applicable to the site and adjacent properties. The assessment contained in this report is subjective, qualitative and based mainly on the professional judgment of the Parametrix staff after review and consideration of available infonnation. Because site activities and regulations beyond our control could change at any time after the completion of our observations, findings, and opinions can be considered valid only as of the date of this report. 9-1 June 2005: 255-1896-064 10. REFERENCES Ecology, 1991: Site Hazard Assessment Summary Report for Chevron Tank Farm, Bremerton, Washington, July 1991, Washington Department of Ecology (49) Hart Crowser, 1989: Letter Summarizing Work Accomplished GU, 1995: Letter to Rene White RE: Former Chevron Bulk Terminal - Bremerton, Washington Site Remediation Plans, Groundwater Technology, July 13, 1995 Gettler-Ryan, 2003: Groundwater Monitoring and Sampling Report, Event of March 7.. 2003, Gettler-Ryan, Inc., April 16, 2003 (22) Pacific Environmental Group, 1994: Supplemental Environmental Site Assessment Decommissioned Chevron Bulk Terminal No. 61001351, 1310 Highland Avenue, Bremerton, Washington, Pacific Environmental Group, Inc., March 10,1994. Hart Crowser, 1991: Status Report Interim Remedial Action Vapor Extraction System Chevron Former Bulk Terminal, Bremerton, Washington. Hart Crowser, December 16, 1991. Emcoo, 1995: Letter Report, Fourth Quarter (September 22 to December 19, 1994) Vapor Extraction System Monitoring, Former Chevron Bulk Fuel Facility 61001351, 1310 Highland Avenue, Bremerton, Washington, Bmcon Northwest, Inc. January 13, 1995. Parametrix, 2005: Technical Memorandum: Sediment Sampling Results, Former Chevron Property, "1310-Highland-A. venue~ Bremerton:, W a:shington;Pa.rametriX;MaylO; 2005~----- June 2005: 255-1896-064 10.] ~~".i~- APPENDIX A Contaminated Site Development Strategy Letter ----LI ATTACHMENT - 2 ~J'........ ~ ' .... ':.,-\ . r--!~ 2io I 8 C~\Q\j.~ \CLnk:.- ~V m I ro(t; \}JA \~Qrrvw.s GETTLER - RYAN INC. gyemo'---tzsv\ T RAN S M IT TA L October 22, 2003 G-R #386607 TO: Mr. Joe Muzzio SAlC 2192 Pelican Crest Santa Cruz, California 95062 FROM: Deanna L. Harding Project Coordinator Gettler-Ryan Inc. 6747 Sierra Court, Suite J Dublin, California 94568 RE: Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton, Washington WE HA VB ENCLOSED THE FOLLOWING: _ CO_PIES DATED -------------- -- ..-.-- DESCRIPTION 1 October 17, 2003 Groundwater Monitoring and Sampling Report Event of September 10,2003 COMMENTS: This report is being sent for your review. Please provide any comments/changes and propose any groundwater monitoring modifications for the next event prior to November 5, 2003, at which time the final report will be distributed to the following: ' cc: Mr. Gerald O'Regan, Chevron Products Company, P.O. Box 6004, San Ramon, CA 94583 Mr. Wietfeld, WDOE, Northwest Region, 3190 l60th Avenue, SE, Bellevue, WA 98008-5452 RECEIVED NO'J 1 2 2003 DEPT OF ECOLOGY { Enclosure trans/100 13 51-gor 6747 Sierra Court, Suite J . Dublin, CA 94568 · (925) 551-7555. Fax (925) 551-7888 3140 Gold Camp Drive, Suite 170. Rancho Cordova, CA 95670. (916) 631-1300. Fax (916) 631-1317 1~n4 N, McDowell Blvd.. Suite B2. Petaluma. CA 94954. (707) 789-3255 . Fax (707) 789-3218 f: 'I ! ~ t . EXPLANATION . P".. \Groundwater monitoring well i(First Water-Bearing Unit) . :Groundwater monitoring well : (Deeper Water-Bearing Unit) : Abandoned well [99.99] NM 99.99 .. , ~~" ,,~~. , )( * : Discontinued from monitoring/ : sampling program : VaporExtractlan Equipment EnclollullI ^ . ~~~S9~, 'f..~ Cb MW-22 ~-t' ,,~-- , 1- ----" 'NM"- ~'''l \'1- ,lMw 1/t . Fonner MW-7 : ~ MW-a * * - I' 88.40 Walllhouu)( 184.74] I LDWBr Yard Ll -,t.. MW-5...... 1M, W.~_: ~UMW-23'Qg ~nd x ::rr : ..dI... ...~.,,~ '''''. c:t~ft. Tanka \ - ~'''''' 0 -0 ~.' '. /.........,. x C I,: : ." "'0". -,' '-/ I 88.53 ~'r ..""". .....,;""".."".".; ::':"'W-12': \:-.~ <::> ": \ . AaPhaij I JrMW-4 '\ r::~'~ ~8 3~. ,... \ ~..: x 'tM~~:l =~ 88.23. 11 \ \ ~ ':::: ~:--::M~12,J J~~'~"" I \ Racks .,,!I.-"!'- I \ \ \r-;-......::!.~.:--- ~'91..45.^ >< c9~a ",,88.?0 88.82' ':\..~ -+-=~ i;'_YilaP- 00 .... I ")C. V, 88.3 MW,15 I MW-10 1 MW-24-r...... _ _ _92.: ~ \ '- MW. t I ~ I 1:' ."r.\ M;~~.I(7 ...... ...-- x ")C. ....... II ~.r ~ .'. . f \...--x MW-20_ _ io*/'f -': loading , -: Former'~ : : : Rcka ..... " .} Gara -, - : x ~89.64 "".Il"",,; I a ~.: L88.22). g~: ..... .... J NJI ~ (' ':. : - '".' ~x f\ MW-11\ _~.~.~.....:. x_x_!!!.'!3!-x_X-X W~~ ~-~X~x--X . BulkhBOd ""''''.,,'''' I (Buried) ~~~r 'HIGHLAND AVENUE Source: Figure modified from drawing provided by Pacific Environmental Group, Inc, _GETTLER. RYAN INC. 6747 Sierra Ct., Suite J Dublin. CA 94568 (925) 551-7555 POTENTIOMETRIC MAP F:ormer Chevron Bulk Terminal # 1001351 1310 ! Highland Avenue .Bremerton, Washington DATE i REVISED DATE Se tember 10 2003 PROJECT NUMBER 386607 REVIEWED BY Groundwater elevation in feet referenced to arbitrary datum Groundwater elevation contour, dashed where inferred Not used in contouring Not Monitored Groundwater elevation corrected for the presence of seporote- phase hydrocarbons ~ Approximate groundwater flow direction at 0 grodient of 0.008 to 0.1 Fl/Ft. , ,/ \ o 60 ~ I Scale in Feet FIGURE 2 Layout Tab: Pot3 MW-4 100.34 98.46 I I Tabllf 1 Groundwater Monitoring D~ta and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,'o/ ashington , .... . _. _.'h '. ..... )).1i; ..... .......n.. .....,. . ..... ..<~//:1'~~i ........ ..../. .. ... . -- . . ~J~/:::/:::.::::::'::'.:,..:- .-:":--'." 09/10/88 03/09-10/89 04/04/89 08/07/89 09/21/89 OS/21/93 09120/93 12/23/93 03/25/94 05/04/94 09/28/94 12/09194 03/15/95 06/22/95 09/11/95 12/06/95 03/14/96 06/05/96 09/04/96 12/23/96 04/15/97 09/15/97 12/29/97 03/18/98 06/23/98 03/24/99 08/3 ]/9912 03/17-] 8/00 10/06/00 04/0 1/0 1 09/27/01 1001351.xls/#386607 10.99 12.76 1256 11. 74 11.71 9.29 10.36 10.68 8.33 7.98 9.10 10.30 6.22 8.38 9.33 ORY 9.10 9.90 7.12 6.98 9.63 6.47 10.23 7.05 10.34 7.96 10.81 90.43** 90.74** 91.00** 89.86** 89.77** 91.07** 89.98 89.68" 92.01 90.48 89.36 88.16 92.24 90.08 89.13 89.36 88.56 91.34 91.48 88.83 91.99 88.23 91.41 88.12 90.50 87.65 1.35 3.95 4.02 1.57 1.42 0.02 0.02 Sheen 0.00 Sheen Sheen 0.00 0.00 0.00 NO __I 190,000 31,OpO 5,400 13 130,000 NblO i 580,000 3,200 2,400,000 270,?00 96,000 1,000 6,000 NOlO NOlO 32,000 -~ I 76,]00 NOlO 973 12,700 -" 68,500 6,~90 746 36.8 1,640 NO i 8,910 170 NO NOlO 630 110 NOlO 30 NOlO NOlO 3,600 8.1 1,900 470 NOlO 99.5 12 222 23,000 79 18 4,800 45 1,300 NOlO 217 35.8 504 As of 09/1 0/03 ~k~.lJM...........<pAtlt:.... T()C*<ii)}.>........... , ... AUa" ... Groundwater Monitoring D~ta and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue I Bremerton, yv ashington MW-4 (cont) 03/28/02 09/30/02 03/07/03 09/10/03 8.48 10;23 8.68 . 9.93 89.98 88.23 89.78 88.53 0.00 0.00 0.00 0.00 MW-5 99.23 09/1 0/88\ 10.05 89.18 , 1,900 360 290 1,900 j 03/9-10/89 8.56 .90.67 5,400 11 ,000 1,400 7,000 04/04/89 8.22 91.01 08/07/89 -i , 09/21/89 -i OS/21/93 09/20/93 ...:. 95.96 12/23/93 -- 03/25/94 : .,. 05/04/94 -:- 09/28/94 , .,. 12/09/94 5.78 90.18 : ..,.. 03/15/95 ! - 06/22/95 09/11/95 .l. 12/06/95 - 8 .;.. 03/14/96 5.37 90.59 .,.. 06/05/96 09/04/96 8 12/23/96 8 - 04/15/97 8 i -- I 09/15/97 12/29/97 -- 8 i 8 I" 03/18/98 -- 8 I 06/23/98 -- i ..,.. 100 135 I.xlsl#386607 2 As of 09/1 0/03 i i Table' 1 Groundwater Monitoring Da~a and Analytical Results Former Chevron Bulk Terminal # 1 00 1351 131 0 High1an~ Avenue Bremerton,Washington i .' . . ... ... - . uP .. n' ...... ....... ....-.-.. "'.'.'-, .... '__0"'" MW-5 (coot) 03/24/99 08/31/99 03/17-18/00 10/06/00 04/01/01 NOT MONITORED/SAMPLED 8 MW-6 100.29 09/1 0/882 11.08 89.21 2,000 1,500 150 4,300 03/09-10/89 12.76 90.96"'* 4.29 04/04/89 12.21 91.13** 3.81 08/07/89 10.44 89.85 Trace --' 09/21/89 --I OS/20/93 9.11 91.18 14,000 -I 40,000 820 1,600 640 5,600 98.40 09/20/93 . 9.99 88.41 --, 12/23/93 10.96 87.44 26,000 14,0~0 27,000 1,400 2,300 560 5,000 26 03/25/94 - , 05/04/94 11.31 87.09 20,000 16,900 21,000 720 1,100 450 2,500 NO 09/28/94 12/09/94 8.92 89.48 18,000 12,000 8,800 58 60 30 1,300 8.2 03/15/95 I 06/22/95 11.31 87.09 9,800 5,800 16,000 110 76 240 2,100 09111/95 10.65 87.75 , , 12106/95 6.76 91.64 750 ND 7,500 12 17 20 500 i 03/14/96 8.20 90.20 , 06/05/96 8.95 89.45 26,700 20,~00 9,780 41.8 22.3 135 1,070 09/04/96 10.50 87.90 I 1 2/23/96 7.65 90.75 T 04/15/97 , i 09/15/97 9.83 88.57 3,710 908 10,800 19.6 12.5 126 810 12/29/97 7.76 90.64 ~- 100135I.xls/#386607 ~ As of 09/10/03 MW-6 ( cant) .1 auu~ .1 , Groundwater Monitoring D~ta and Analytical Results Fonner Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton, V:' ashington pA.tti :(::?ttS~DI::!;::::;:)trn~q}:/ .............;.:.;.;.:.;.;...:.;.;.:...;.;.'..;.::...,.;-:.::.:.;;..............'...'.,.:....;...;.;...:.::.;.;................ ..... .... ........ .. .... . . ...... .... H it::::\Jl 03/18/98 06/23/98 03/24199 08/31/99 03/17-18/00 10/06/00 04/01/0 I 09/27/01 03/28/02 09/30/02 03/07/03 09/10/03 7.53 9.65 7.00 10.28 7.85 11.08 8.69 10.84 8.50 10.28 8.74 10.00 90.87 88.75 91.40 88.12 90.55 87.32 89.71 87.56 89.90 88.12 89.66 88.40 I 2,500 Nq 0.00 2,200 2,030 ! 0.00 9,490 5,890 Sheen 2,850 1,75,0 0.00 4,60014 . NOlO , 0.00 5,970 3;7~0 0.00 7,410 5,090 0.00 3,30020 3 30020 , . I 0.00 5,40020 3,20020 0.00 4,40020 4 10020 , 0.00 1,30010 32010 ! II ,000 216 4,040 1,960 6,020 4,530 4,110 1,400 1,500 1,200 810 39.2 3.95 25.8 21.6 13.5 56.6 25.7 23 21 39 16 12.8 235 1,270 2.94 3.79 13.4 ND10 62.7 131 ND10 22.9 84.4 24.7 39.1 118 6.84 128 281 5.01 35.0 55.6 <5.0 20 32 1.8 12 7.9 1.9 18 22 0.9 5.7 3.1 MW-7 101.25 09/10/883 9.93 91.32 -i ND ND 62 21 03/09-10/89 I 8.36 93.31 ** 0.53 -i 04/04/89 7.64 93.86** 0.31 08/07/89 10.98 91.03** 0.95 09/21/89 UNABLE TO LOCATE OS/21/93 UNABLE TO LOCATE i '0 09/20/93 UNABLE TO LOCATE 12/23/93 i UNABLE TO LOCATE - PRESUMED DESTROYED 03/24/99 UNABLE TO LOCATE -- 08/31/99 UNABLE TO LOCATE , -- 03/17-18/00 UNABLE TO LOCATE I - ABANDONED 1001351.xls/#386607 4 AS of 09/1 0/03 . .. _n. _ .D.ATJt<: MW-8 98.17 95.18 09/10/884 03/09-10/89 04/04/89 08/07/89 09/21/89 OS/21/93 09/20/93 12/23/93 03/25/94 05/04/94 09/28/94 12/09/94 03/15/95 06/22/95 09/11/95 12/06/95 03/14/96 06/05/96 09/04/96 12/23/96 04/15/97 09/15/97 12/29/97 03/18/98 06/23/98 03/24/99 08/31/99 03/17-18/00 10/06/00 04/01/01 NOT MONITORED/SAMPLED 7.18 8.28 13.33 8.39 9 1001351.xls/#386607 91.01"'''' 90.48.. 85.40"'. 90.07"'''' i i Tabl~ 1 Groundwater Monitoring Da~a and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highlanil Avenue Bremerton,'Yashington ... . _ ..... ..... . - -. . ... . - . ..... . ...-- ..... ......P.... 0.02 0.74 0.70 0.36 3,900 19,000 2,900 18,000 -' -' -- I , -.! i i , ! -T As of 09/1 0/03 I Tame, 1 Groundwater Monitoring Da~a and Analytical Results Former Chevron Bulk 1ierminal #1001351 131 0 Highl8m~ Avenue Bremerton,~ashington ",::~:':::::::::'.:.'::::.m~ttr:~':;::".i::,:::':'::~1i...:::::::'::":I'f:~:.,.'.::::):: b '.' .' 'J;.::::: .~({ ! .. .. . . . - . . . . . .. - - . . . . . ....... 0.... ........ ,".." .. .... ". ... . ...... . .-... ... .. '... . .. ....... ...DA11ti MW-9 100.34 09/1 0/88s 03/09-10/89 04/04/89 08/07/&9 09/21/&9 OS/21/93 09120/93 12/23/93 03/25/94 05104/94 09/28/94 12/09/94 03/15/95 06/22/95 09/11/95 12/07/95 03/14/96 06/05/96 09104/96 12/23/96 04/15/97 09115/97 12/29/97 03/18/98 06/23/98 03/24/99 08/31/99 03/17-18/00 10/06/00 04/01/01 09/27/01 98.50 100135I.xls/#386607 9.88 90.46 8.34 93.13** 1.41 8.74 92.80*'" 1.50 12.58 90.03** 2.84 10.15 88.36** 7.99 90.51 8.43 90.07 7.81 90.69 9.46 89.04 10.15 88.35 6.20 92.30 7.39 91.11 8.40 90.10 10.15 88.35 6.75 91.75 7.40 91.10 9.95 88.55 6.72 91.78 6.90 91.60 9.63 88.87 6.15 92.35 9.92 88.58 6.69 91.81 11.45 87.05 7.70 90.80 9.63 88.87 0.00 0.00 Sheen 0.00 0.00 0.00 4,210 5,470 4,620 2,290 4,290 5,910 3,560 3,860 3,600 11,900 13,400 I - , -I , , -I 1 -1 5,0~0 5,OQO --I 3,100 -, 6,O~0 -, 1,590 ND I I -r I,Q50 1,490 ! q20 ND 796 2,920 939 NDIO 7~z14 3,310 i 4~510 :6 6,100 11,000 1,400 9,800 4,300 370 510 110 980 120 4,200 1,000 1,000 110 750 13 2,000 140 73 65 180 67 4,600 230 84 170 390 2,700 390 110 94 360 7,960 1,140 1,500 124 812 3,370 449 547 III 652 7,700 943 23.6 545 515 306 14.9 4.47 10.2 69.7 10,900 541 252 293 2,190 12,600 980 108 513 2,790 8,850 627 97.7 246 1,310 2,160 333 NDIO 62.3 73.5 16,600 819 186 741 3,760 3,990 437 21.1 75.6 90.1 13,300 621 96.3 666 2,790 4,860 419 19.6 82.3 70.2 As of 09/10/03 Tabl~ 1 Groundwater Monitoring D~ta and Analytical Results Fonner Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,Washington . _. _ . d ....p .... ... <UATE<> MW-9 03/28/02 7.50 91.00 0.00 4,80020 1 80020 8,500 480 38 610 1,600 , : ( cont) 09/30/02 9.74 88.76 0.00 3,30020 1,10020 3,000 230 9.5 47 28 I 03/07/03 8.39 90.11 0.00 6,30020 2,40020 8,200 550 52 520 1,000 09/10/03 10.12 88.38 0.00 2,80020 49~20 3,400 360 18 110 40 MW-10 99.94 09/10/886 9.37 90.57 ND ND 350 110 , 6.8 ND 2.8 03/09-10/89 6.54 93.40 -.! 150 04/04/89 6.51 93.43 08/07/89 9.39 90.55 _.J. 09/21/89 .... OS/20/93 7.64 92.30 180,000 i 1,900 64 1.9 3.9 3.6 -i 98.45 09/20/93 9.97 88.57** 0.11 12/23/93 7.31 91.14 350,000 Np 4,800 23 6.2 26 130 5.4 03/25/94 , 05/04/94 7.98 90.47 220,000 38,000 3,600 71 ND 7.1 8.2 8.5 09/28/94 I 12/09/94 7.86 90.59 60,000 Np 6,700 ND 4.9 11 21 8.0 03115/95 06/22/95 9.41 89.04 11,000 940 4,300 2.6 5.9 1.8 8.8 09/11/95 10.12 88.33 + 12/06/95 6.43 92.1 0** 0.10 780,000 26,pOO 4,100,000 100 960 1,200 2,300 03/14/96 7.52 90.93 06/05/96 8.80 89.65 9,890 27,600 1,610,000 ND10 ND10 NDIO 1,170 ! 09/04/96 10.20 88.25 .f- 12/23/96 7.13 91.32 i 04/l5/97 09/l5/97 9.83 88.65** 0.04 ! 12/29/97 : 0.06 03/18/98 0.04 i 06/23/98 9.22 89.33** 0.12 1001351.;ds/#386607 7 As of 09/1 0/03 , MW-I0 ( cont) ... MUA" .A. I Groundwater Monitoring D~ta and Analytical Results Fonner Chevron Bulk Tenninal #1001351 1310 HigWand Avenue I Bremerton,Washington P~~'>:'::. . . . - . .. . , -.. . ..........,.. ..-...-........- . .... ..0 _ .. . 03/24/99 08/31/9912 03/17-18/00 10/06/00 04/01/01 09/27/01 03128/02 09/30/02 03/07/03 09/10/03 6.11 8.43 6.47 10.52 7.16 10.19 6.78 9.03 7.88 9.63 92.34 Sheen 104,000 NOlO 21,300 2.50 3.14 20.0 43.5 90.02 0.00 _I Sheen 8,890 1,1~0 4,940 NOlO NOlO NOlO NOlO 91.98 87.93 0.00 -- 91.29 0.00 88.26 0.00 - 91.67 0.00 ..., 89.42 0.00 -- i . 90.57 0.00 88.82 0.00 .J. MW-ll 100.03 09/1 0/887 8.45 91.58 NO NO NO NO NO 03/09-10/89 6.03 94.00 NOlO 0.6 0.8 5.2 04/04/89 6:47 93.56 -; 08/07/89 8.65 91.38 .;.. 09121189 .,.. 05/20/93 7.11 92.92 73,000 .,.. 320 NO 0.7 0.7 1.0 98.11 09/20/93 8.62 89.49 20,000 4,900 600 NO 0.7 NO 2.7 NO 12123/93 6.69 91.42 25,000 6,900 250 NO NO NO 1.1 NO ~ ! NOlO NOlO NOlO NOlO NOlO 100.03 03125/94 5.84 94.19 13,000 2,?00 120 - 05/04/94 7.35 92.68 16,000 4,300 350 NO NO NO NO NO 09/28/94 I 9.51 90.52 7,900 2,200 730 NO. 0.9 0.9 1.3 NO 12109194 6.41 93.62 I NOlO ND10 NOlO ND10 NOlO 15,000 3,~00 460 03/15195 3.97 96.06 11 ,000 3,rOO 140 0:72 0.73 ND ND 06122195 8.22 91.81 11 ,000 5,000 240 ND NO NO NO , 09/11/95 8.67 91.36 13,000 5;500 3,600 NOlO NOlO NOlO NOlO 12106/95 4.99 95.04 7,300 Ij800 160 NO ND NO ND , NDIO NOlO NOlO NOlO 03/14/96 6.17 93.86 17,000 5~500 2,300 06/05/96 7.23 92.80 , ,-- 09/04/96 8.45 91.58 I- 1001351.xls/#386607 i8 As of 0911 0/03 i Tabl~ 1 Groundwater Monitoring Data and Analytical Results . Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,WasbiJigton H _ _ ...d . . _"'._ '_d ..:'DATE::: :: MW-l1 12/23/96 5.48 94.55 (cont) 04/15/97 6.55 93.48 91.80 2,170 1,Ql'0 679 NO NO NO NO 09/15/97 8.23 12/29/97 5.83 94.20 -- 03/18/98 5.95 94.08 06/23/98 8.00 92.03 Sheen -' , NO 2.20 03/24/99 5.16 94.87 Sheen 1,890 837 231 NO NO I 08/31/99 03/17-18/00 5.34 94.69 0.00 10//06/00 - , 04/01/01 6.28 93.75 0.00 09/27/01 9.04 90.99 0.00 : , 03/28/02 6.41 93.62 0.00 09/30/02 MONITORED ANNUALLY 03/07/03 7.33 92.70 0.00 09/10/03 MONITORED ANNUALLY ..:. MW-13 97.11 09110/88 03/09-10/89 "7" 04/04/89 ! 08/07/89 09/21/89 9.80 87.31 ! T OS/20/93 7.55 89.56 11,000 9,000 84 22 250 440 09/20/93 8.13 88.98 22,000 8,200 2,800 33 6.4 58 95 100 12/23/93 7.65 89.46 6,700 1,700 1,800 140 27 34 49 NO 03/25/94.' 6.81 90.30 11,000. 4,600 4,600 22 7.0 180 280 NO 05/04/94 8.19 88.92 20,000 7,~00 5,000 15 1.6 67 120 3.1 09/28/94 9.71 87.40 72,000 28!000 17,000 48 13 250 570 20 12/09/94 7.55 89.56 5,800 2,800 360 0.9 NO 6.1 7.8 7.9 03fl5/95 5.40 91.71 3,800 1,400 5,800 2.6 0.97 39 76 100135 Lxls/#386607 9 As of 09/1 0103 , . aUl~ J. Groundwater Monitoring Data and Analytical Results Former Chevron Bulk ;rerminal #1001351 131 0 High1~d Avenue Bremerton, "f ashington .. .":,'SPltlfI?){/m!!i,4.!.::!':'::: ,:::.' Hbf{):: :.<...:<-..:..:.-.;:.;...:.....:::..>>;..;.;. .......... -........................... ....... ... -" ........ .. ",-,'.. .........- ............... . . - . ... .. . - ... . .. . .. -.. . ....... .........-. MW-13 (cont) MW-14 97.58 . .. ... .-. . .".. .' .. . - . .. ....... 'D" A:T...E............. .. ".. ..... . ... .. .. .. :-,<:>:':":". .: ',-:..::.:-.- 06/22/95 09/1 1/95 12106/95 03/14/96 06/05/96 09/04/96 12/23/96 04/15/97 09/15/97 12129/97 03/18/98 06/23/98 03/24/99 08131/99 03/17-18/00 10/06/00 04/01/01 09/27/01 03/28/02 09/30/02 03/07/03 09/10/03 09110/88 03/09-10/89 04/04/89 08/07/89 09121/89 OS/20/93 09120/93 1001351.xls/#386607 8.69 88.42 8.89 88.22 6.00 91.11 7.50 89.61 8.30 88.81 8.90 88.21 6.72 90.39 7.75 89.36 8.42 88.69 6.60 90.51 7.40 89.71 8.37 88.74 6.07 91.04 6.70 90.41 7.55 89.56 9.67 87.44 7.49 89.62 MONITORED ANNUALLY 7.72 89.39 MONITORED ANNUALLY 10.00 7.34 8.85 87.58 90.24 88.73 675 0.00 576 0.00 0.00 0.00 0.00 0.00 3,800 9,200 390 2,000 58,900 6,630 1,730 742 1,060 791 ,..u. .. i , 3,3qO 3,400 13 5.2 240 160 8,7qO 7,500 10 2.8 120 35 479 ND ND ND NO ND 2,2~0 110 1.2 ND 1.2 14 24,5~0 6,990 13.9 5.44 374 160 . 3,380 9,160 11.3 11.8 266 61.6 1,850 ND ND NO NO NO N1;> 105 ND NO 9.53 11.2 NOlO 775 4.42 NOlO 45.4 NOlO ND NO ND 0.695 NO NO ! , Np 1,080 7.70 2.54 209 24.5 NO 82.8 1.92 ND 9.83 3.74 -:- '- .,.. , L i i -- 34,000 -- 2,600 75 180 58 250 27,000 2,700 8,700 330 570 350 1,000 46 .0 "As of 09/10/03 Tabl~ 1 Groundwater Monitoring Data and Analytical Results Former Chevron Bulk 1ermina1 #1001351 131 0 Highlan~ Avenue Bremerton, Washington . I 12/23/93 7.26 90.32 13,000 4,100 280 2.1 0.8 1.5 9.8 12 MW-14 ( cont) 03/25/94 -I 05/04/94 -, 09/28/94 -: 12/09/94 03/15/95 06/22/95 -- ! 09/11/95 12/06/95 03/14/96 6.98 90.60 6,200 2,4QO ND 1.1 ND 1.1 ND 06/05/96 8.20 89.38 09/04/96 10.16 87.42 12/23/96 6.00 91.58 04/15/97 09115/97 9.00 88.58 7,330 1,610 1,380 5.94 2.22 5.36 2.70 12/29/97 6.25 91.33 03/18/98 6.31 91.27 -- 06/23/98 9.00 88.58 Sheen -- 03/24/99 5.58 92.00 0.00 1,250 ND 51.0 1.17 ND ND L02 08/31/99 9.38 88.20 0.00 68,500 NDIO 119 8.06 ND1o' 2.69 NDIO 03/17-18/00 5.94 91. 64 Sheen 3,510 ND 237 6.97 7.56 5.70 15.5 I 0/06/00 10.15 87.43 0.00 8,570 1,7901S 494 9.85 3.54 23.5 32.9 04/0 I/O 1 7.04 90.54 0.00 5,920 J,~80 <50.0 1.43 <0.500 <0.500 <1.00 09/27/01 9.93 87.65 0.00 12,200 <2,~00 492 8.52 2.84 11.9 12.5 03/28/02 6.80 90.77*** 0.03 NOT SAMPLED DUE TO THE PRESENCE OF SPH I 09/30/02 9.35 88.22*** 0.03 NOT SAMPLED DUE TO TJ:ffi PRESENCE OF SPH 03/07/03 7.58 90.00*** 0.02 NOT SAMPLED DU~ TO THE PRESENCE OF SPH 09/10/03 9.37 88.23** 0.02 NOT SAMPLED DUE TO THE PRESENCE OF SPH I I lfl(\l'1Cl _1..1#1.Qt;.t:;f'\7 11 As of 09/10/03 , Table! i Groundwater Monitoring Data and Analytical Results Former Chevron Bulk [Terminal # 1 00 1351 1310 Highland Avenue Bremerton,~ ashington . . ... - . . . .. ~~lj:rp/... ......P.4.1!~:...... ... Xo:(;~.. . ... ... .....:.:....:...:.<..:.:.::..:.<.. MW-15 97.46 09/10/88 03/09-1 0/89 04/04/89 08/07/89 09/21/89 OS/20/93 09/20/93 12123193 03/25194 05/04/94 09/28/94 12109194 03/15195 06/22/95 09/11/95 12106/95 03/11/96 06/05/96 09/04/96 12123196 04/15197 09/15/97 12129/97 03/18/98 06/23/98 03/24/99 08/31/99 03/17-18/00 10/06/00 04/01/01 09/27/01 10013 51.xls/#3 86607 9.90 6.91 9.22 6.61 7.44 6.40 8.48 9.34 5.15 6.35 7.50 9.25 5.78 9.00 7.79 7.65 8.58 5.20 9.12 5.62 9.78 6.39 9.35 87.56 90.55 88.24 .. 90.85 ~0.02 91.06 88.98 88.12 92.31 91.11 89.96 88.21 91.68 88.46 89.67 89.81 88.88 92.26 88.34 91.84 87.68 91.07 88.11 0.00 0.00 .. 0.00 0.00 0.00 0.00 7,000 2,400 1,500 4,300 4,600 640 4,160 1,510 582 894 2,640 846 2,00014 445 2,930 ~ 4,600 4,600 190 63 67 2.7 NO 7~0 NO 450 3.5 NO 350 2.2 -:- 1,200 96 1.5 NO i 72 1.3 NO 233 1.54 NO 266 1.24 NO 110 823 ~O NOlO <750 730 120 NO 143 269 358 210 653 3.91 3.16 NOlO 1.22 NO 2.90 5.96 i 12 . - - . . .. .. . . . ..... . ..". ...-. -. ... -. . .q.' .. .. ....'........ ............,.. 31 24 0.5 NO NO NO NO NO NO 0.522 NO 0.681 NOlO 3.14 <0.500 1.73 420 360 4.1 2.0 2.2 1.6 NO 0.769 NO NO NO NO NO 0.606 <0.500 <1.00 280 77 4.9 14 9.8 3.4 4.9 2.3 6.7 1.9 NO NO '- NO 1.11 1.48 1.27 NOlO 1.07 1.66 4.42 As of 09/1 0/03 WELLIDI' ... DATE' .'iirwlP'> ..T......OiC.. .... ."")". #.....).....,.,........,.........,...,............'.....'..... ...,...). . ........... ..........., ..... n'. ,. ..' .... .... V" .,'.', ,'..".,' "....".. i),) , Tabl~ 1 Groundwater Monitoring Data and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,Washington i MW -15 03/28/02 6.51 90.95 0.00 84020 <750fo <50 <0.50 (cont) 09/30/02 8.84 88.61*** 0.03 NOT SAMPLEO OUE ~O THE PRESENCE OF SPH 03/07/03 7.19 90.26*** 0.03 NOT SAMPLED DUE TO THE PRESENCE OF SPH 09/10/03 8.96 88.50 0.00 54020 <250~0 110 0.8 <0.50 <0.50 <1.5 <0.5 <0.5 . <1.5 MW-16 108.03 09/20/93 16.23 91.80 6,200 1,4qO 670 NO 1.1 1.7 4.1 3.7 12/23/93 12.26 95.77 8,400 1,100 1,300 6.9 1.8 2.2 7.0 ND 03/25/94 9.23 99.10** 0.37 i 05/04/94 12.92 95.44** 0.41 -I 09/28/94 17.29 90.92** 0.22 -, 12/09/94 12.49 95.54 39,000 N910 1,800 2.0 2.1 4.3 6.3 NDIO 03/15/95 8.35 99.68 3,900 N9 1,500 2.2 ND 1.3 1.9 06/22/95 14.20 93.83 09/11/95 16.42 91.61 220,000 14,000 170,000 NOlO NOlO NOlO NOlO 12/06/95 9.23 98.80 5,800 NqlO 210,000 NOlO NDIO NOlO 43 03/14/96 9.11 98.92 110,000 3,800 590,000 NDIO NOlO 100 240 06/05/96 ~ -- 09/04/96 15.90 92.13 I 12/23/96 i , 04/15/97 09/15/97 , 12/29/97 -L , 03/18/98 I -i 06/23/98 14.90 93.13 Sheen i 08/31/99 16.10 91.93 Sheen 8,820 NO 2,83011 NOlO NOlO NOlO NOlO 03/17-18/0013 9.01 99.02 0.00 i NOlO NOlO NOlO 2,010 NO 1,870 NO i I 0/06/00 16.25 91.78 0.00 2,88016 NO 2,030 ND 2.44 4.11 6.40 04/0110119 12.37 95.66 0.00 168,000 <7;880 2,550 1.44 1.25 2.39 9.90 09/27/01 16.86 9I.l7 0.00 32,700 <5;500 2,340 6.51 <10.0 <10.0 <15.0 03/28/02 9.60 98.43 0.00 46,00020 <10,00020 1,800 <1.0 <1.0 <5.0 7.6 1nnl'1C:l _1.../H'1Rhh07 1~ As of 09/10/03 .....,&.;; ... I Groundwater Monitoring D~ta and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton, Washington . , .' . . - ;~~GJJ>!/i:J);.\tE; . .. tQe~:::' ..~~j.:: :~::)? '.: :" ,::/,~:::';::': ~ :~: ,:::::.- :-' :.:...:,::.:'", . . ." ....:\~)::?:;:::::~~fP:i:;:/::::t;::I:it~~}::m:::;::]::::::rrriHg:::mm::::c' "f; it; . 61 :... MW-16 (cont) 09/30/02 03/07/03 09/10/03 17.00 11.40 16.60 91.03 96.62*** 91.45** 0.00 140,00020 <5,00p20 970 <0.50 0.06 NOT SAMPLED DUE TO THE PRESENCE OF SPH 0.02 NOT SAMPLED DUEiTO THE PRESENCE OF SPH <0.50 0.59 1.9 MW-17 108.97 09/20/93 19.38 89.59 280 NO NO NO NO NO NO 16 12/23/93 17.92 91.05 NO NO NO NO NO NO NO NO 03/25/94 21.12 87.85 NO NO NO NO NO NO NO NO 05/04/94 20.33 88.64 NO NO NO NO NO NO NO NO 09/28/94: 22.96 86.01 NO ND NO NO NO NO NO NO ! 12/09/94 18.34 90.63 NO NO NO NO NO NO NO NO ! 03/15195 18.87 90.10 NO NE> NO NO NO NO NO 06/22/95 21.84 87.13 NO 910 NO NO NO NO NO 09111/95 21.90 87.07 NO ND NO NO NO NO NO 12/06/95 20.00 88.97 NO NI;> NO NO NO . NO NO 03/14/96 18.73 90.24 NO NO l'IO NO NO NO NO 06/05196 09104196 20.80 88.17 12/23/96 04115/97 '- 09/15/97 ! 12/29/97 .... 03/18/98 i , 06/23/98 24.77 84.20 NO NO NO NO NO NO NO 08/31199 -,. 03/17-18/00 18.53 90.44 0.00 'T 10/06/00 i 04/01/01 19.49 89.48 0.00 , 09/27/01 17.01 91.96 0.00 03/28/02 19.25 89.72 0.00 , .,.. 100135I.xls/#386607 14 , As of 09/1 0/03 . . ..t)ATE.....< Tabl~ 1 Groundwater Monitoring Data and Analytical Results Former Chevron Bulk Terminal #1001351 1310 High1an~ Avenue Bremerton,Washington >O.Ltad\ ...b....:.:.......: MW -17 (cont) 09/30/02 03/07/03 09/10/03 22.96 20.86 22.82 86.01 88.11 86.15 0.00 0.00 0.00 MW-18 104.88 09/20/93 11.67 93.21 3.0 NO NO NO NO NO 1.2 46 12123/93 8.38 96.50 8,300 1,700 1,300 6.3 1.3 4.3 3.8 NO i 4.2 . 1.0 4.1 6.4 NO 03/25/94 5.91 98.97 4,600 NO 760 05/04/94 8.15 96.73 9,500 NO 1,100 NO 0.9 2.2 2.6 NO 09/28/94 12.18 92.70 3,500 760 460 NO 1.1 1.2 1.4 NO 12109/94 10.15 94.73 31,000 NI> NO NO NO NO NO NO 03/15/95 5.02 99.86 2,800 1,lqO 1,300 3.0 1.3 2.3 2.9 06/22/95 9.92 94.96 15,000 1,500 870 0.57 NO 0.56 2.0 09/11/95 11.60 93.28 5,500 2,700 1,200 NO 0.58 NO 3.3 12106/95 7.00 97.88 3,400 ND 1,800 0.96 0.72 1.2 3.0 03/14/96 6.55 98.33 Sheen 4,600 790 11,000 NOlO NOlO NOlO NOlO 06/05/96 7.70 97.18 i 09/04/96 10.85 94.03 I 12/23/96 10.85 94.03 ..;. 04/15/97 7.48 97.40 09/15/97 11.10 93.78 14,800 1,3~0 641 NOlO NOlO NOlO NOlO 12/29/97 03/18/98 06/23/98 10.18 94.70 Sheen -- 03/24/99 . 5.89 98.99 0.00 2,490 NO 647 0.943 NO 0.792 4.21 08/31/99 19.59 85.29 0.00 NO Np NO NO NO NO NO 03/17-18/00 6.54 98.34 Sheen 3,000 ~O 999 NOlO NOlO NO NOlO 1 0/06/00 12.07 92.81 0.00 1,85017 53~14 462 NO 0.601 0.727 1.42 04/0 I/O 1 8.46 96.42 0.00 121,000 <30~800 1,390 0.791 <0.500 0.806 3.90 09/27/01 12.29 92.59 0.00 5,610 856 494 1.06 <1.00 <1.00 3.08 03/28/02 8.60 96.28 0.00 68,00020 <10,00020 1,300 <1.0 <1.0 <1.0 5.3 1001351.xlsI#386607 1~ As of 09/10/03 - ..... . . . ... . . . . . '. .. -. .. .... ... . . . .. . +12fl;r(?~~T~p..:.~!:WlJf)\\bwt: .. .Ul.~ ~ Groundwater Monitoring Da~a and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,V{ ashington ... . ... ... . H__ .' .' .. ..,.....:{....))...:Ltad:.:..:.. .-1j::.,......... MW-18 (cont) 09/30/02 03/07/03 09/10/03 12.42 10.52 11.91 92.46 94.36 92.97 0.00 0.00 0.00 28,00020 80,00020 32,00020 <5,00020 <lO,oqifO <5 20020 , 730 810 760 <;0.50 <1.0 <0.5 <0.50 <1.0 <0.5 <0.50 <0.50 <0.5 <1.5 <1.5 <3.0 MW-19 107.39 09/20/93 15.73 91.66 4,900 1,2QO 400 4.1 1.0 1.3 3.1 NO 12/23/93 -10.31 97.08 6,700 1,7QO 1,600 25 3.8 9.7 10 NO 03/25/94 05/04/94 10.95 96.44 45,000 ND 3,500 41 3.7 19 9.8 4.9 09/28/94 , 12/09/94 8.69 98.70 16,000 NDIO 2,800 12 1.9 6.7 7.0 NOlO 03/15/95 ..l 06/22/95 13.53 93.86 12,000 1,4~0 3,800 17 2.6 8.7 8.7 09/11/95 15.73 I 91.66 12/06/95 6.00 10 1.39 3,300 810 1,900 8.2 1.1 3.6 3.3 03/14/96 7.13 100.26 ..;. 06/05/96 11.15 96.24 4,350 NO 1,700 12.5 1.58 6.75 4.40 09/04/96 15.45 91.94 ! 12/23/96 7.85 99.54 i 04/15/97 '- 09/15/97 15.35 92.04 8,510 1,280 3,260 3.51 2.12 2.54 5.74 12/29/97 8.23 I 99.16 - 03/18/98 7.50 99.89 2,580 NOlO 1,250 NDIO NOlO NOlO NOlO 06/23/98 13.90 93.49 Sheen 03/24/99 6.49 , 100.90 0.00 2,010 ~O 780 NOlO NOlO NOlO NOlO 08/31/99 I 03/17-18/00 6.41 j- 100.98 0.00 - 10/06/00 - 04/01/01 8.80 98.59 0.00 ,-- 09/27/01 16.12 91.27 0.00 03/28/02 8.05 99.34 0.00 .- 1001351.1\15/#386607 ~6 As of 09/10/03 .. ,............ . . VVltLLIl)'.. ..... ...>DA.t~................t>!M'~ H. TOC*(ft.Y\<...... ........... ....................i... j I i Tabl~ 1 Groundwater Monitoring Da.ta and Analytical Results Former Chevron Bulk terminal #1001351 1310 Highland Avenue Bremerton,Washington ! MW-19 ( cont) 09/30/02 03/07/03 09/10/03 15.76 13.87 19.01 91.63 93.52 88.38 0.00 0.00 0.00 MW-20 97.25 09120/93 8.86 88.47** 0.10 , 12/23/93 7.91 89.34 590 76~ NO NO NO NO NO NO 03/25/94 5.85 91.40 740 ND NO NO NO NO NO NO 05/04/94 7.22 90.03 1,900 1,990 NO NO NO NO NO NO 09128/94 9.29 87.96 780 910 NO NO 1.5 NO NO NO 12/09/94 6.63 90.62 490 NO NO NO NO NO NO NO 03/15/95 4.32 92.93 580 NO 66 NO NO NO NO 06/22/95 8.14 89.11 700 NO NO NO NO NO NO I 09111195 8.87 88.38 1,300 1,900 84 NO NO NO NO 12/07/95 5.27 91.98 NO NO 83 , NO NO NO NO i 03/14/96 6.32 90.93 440 NO 66 NO NO NO NO 06/05/96 ! 7.30 89.95 636 NO 752 NO NO NO NO 09/04/96 8.85 88.40 557 763 76.2 NO NO NO NO 12/23/96 5.82 91.43 1,140 865 63.1 NO NO NO NO 04/15/97 6.40 90.85 385 NO 56.8 NO NO NO NO 09/15/97 8.55 88.70 412 NP 178 NO NO NO NO 12/29/97 5.82 91.43 614 NO 56.7 NO NO NO NO 03/18/98 5.80 91.45 NO NO NO NO NO NO NO 06/23/98 8.12 89.13 269 NO 58.1 NO NO NO NO 03/24/99 5.28 91.97 0.00 318 ~O NO 0.581 NO NO NO 08/31/99 , I 03/17-18/00 I 5.61 91.64 0.00 i 10/06/00 i 04/01101 6.68 90.57 0.00 09/27/01 7.93 89.32 0.00 03/28/02 6.34 90.91 0.00 1001351.xls/#386607 17 As of 09/10/03 w&j,;t!ri?i.:(:p'~~~:....:: .......:. " '.: ..: ....... ....... . . rioc~(k.:: :i:::i(\\'" 1 ame 1 i Groundwater Monitoring Data and Analytical Results Former Chevron Bulk Terminal #1001351 1310 Highland Avenue Bremerton,Washington '::::::.i:':!:::..;:.:.:::-.~~~~::":::::::'."':::;:::::%~I',:':':::::::::::'::.::~r~~:!;i!l!.!:!:ii:ii MW-20 ( cont) 09130102 03107103 09110103 8.52 7.17 7.61 88.73 90.08 89.64 0.00 0.00 0.00 -, MW-21 97.27 09120193 9.10 88.17 2,200 Nd10 45,000 470 8,300 890 6,500 49 12/23/93 8.11 89.16 3,000 930 12,000 120 2,200 410 2,400 32 03/25/94 7.92 89.35 2,800 NUIO 12,000 89 1,400 450 1,900 11 05/04194 8.72 88.55 4,900 940 20,000 150 4,200 480 3,800 14 09/28/94 9.73 87.54 2,600 NP 52,000 170 4,500 1,600 6,800 12 12/09194 8.08 89.19 1,700 NqlO 40,000 120 2,100 910 3,800 13 03/15195 6.50 90.77 1,000 NO 19,000 71 1,400 670 2,800 06122195 9.16 88.11 4,100 8~0 35,000 130 4,600 740 4,100 09/11/95 9.25 88.02 3,600 II,QOO 40,000 92 3,100 1,200 5,800 12/07/95 7.27 90.00 1,200 ND 960 2.3 50 30 150 i 03/14/96 8.36 88.91 2,800 Np 25,000 110 1,200 1,600 4,000 06/05/96 8.83 88.44 3,580 NalO 47,400 NOlO 3,700 2,160 8,780 09/04/96 9.25 ,88.02 3,460 8i5 42,500 71.6 2,570 1,780 7,780 12/23/96 7.64 89.63 2,250 887 31,900 59.7 1,500 1,300 5,230 04/15/97 8.40 88.87 404 No 4,870 12.1 231 207 649 '- i 09/15/97 9.10 88.17 1,800 NDIO 65,300 NDIO 2,130 2,160 10,200 12/29/97 7.69 89.58 4,960 859 31,600 59 992 1,190 4,760 03/18198 8.00 89.27 275 'N.O 2,410 20.3 10.4 30.3 66.9 06/23/98 9.10 88.17 756 NO 31,000 63.2 1,150 1,390 5,990 I 03124199 7.16 90.11 0.00 774 NO 34,600 46.0 600 1,680 3,820 i 08/31199 9.29 87.98 0.00 547 NO 31,000 NOlO 748 1,260 4,920 03/17-18/00 7.88 89.39 0.00 732 NOlO 24,200 47.5 503 1,530 4,500 10/06/00 9.84 87.43 0.00 1,15018 ~O 34,800 56.5 588 1,500 6,050 04/01/01 8.41 88.86 0.00 2,870 <750 41,100 191 633 1,890 7,570 09/27/01 9.49 87.78 0.00 6,560 i 4,00 36,100 91.4 494 1,890 7,430 03128/02 8.30 88.97 0.00 70020 <75020 5,200 5.3 130 360 970 1001351.xls/#386607 ~8 As of 09/1 0/03 '. , . . -. - .. DATE \ ..>> D!\yl:t) > iF,i< Tabl~ 1 . Groundwater Monitoring n"ta and Analytical Results Fonner Chevron Bulk Terminal # 1 001351 131 0 Highl~d Avenue Bremerton,Washington MW-21 ( cont) 09/30/02 03/07/03 09/10/03 9.09 8.45 8.84 88.18 88.82 88.43 0.00 0.00 0.00 1,20020 97020 60010 28020 <25020 <25010 34,000 6,500 9,000 <50 <20 14 360 110 82 1,500 530 370 6,200 600 1,100 MW-22 96.47 09120/93 8.04 88.43 95,000 .15,000 450 24 1.3 2.6 3.4 30 12/23/93 7.38 89.09 14,000 NO 5,100 20 NO NO 9.7 NO 03/25/94 7.98 88.49 91,000 8,OpO 410 15 3.6 14 11 NO 05/04/94 8.49 87.98 55,000 NO 2,500 3.0 NO 3.0 5.3 NO 09/28/94 9.48 86.99 9,500 NO 280 0.5 1.3 1.2 1.3 NO 12/09/94 8.11 88.36 43,000 NqlO 210, NOlO 0.7 NOlO 0.8 NOlO 03/15/95 6.67 89.80 2,200 770 220 1.2 NO 11 2.0 06/22/95 8.99 87.48 4,500 I,~OO 430 NO 1.4 NO 1.6 09/11/95 8.59 87.88 9,300 4,~00 570 1.1 1.8 NO 2.6 12107/95 7.12 89.35 3,100 NO 350 NO NO NO NO 03114/96 7.25 89.22 4,700 780 670 NOlO NOlO NOlO NOlO i 06/05/96 8.40 88.07 8,850 998 535 0.559 NO NO NO 09/04/96 8.35 88.12 15,600 2'140 1,450 NO NO NO NO 12/23/96 7.00 89.47 19,100 2,790 1,350 NO NO NO NO 04/15/97 7.95 88.52 2,040 NO 63.8 0.876 NO NO NO 09/15/97 8.50 87.97 2,200 NO 774 5.02 NO NO NO 12/29/97 7.00 89.47 2,180 ~O 202 1.47 NO NO NO 03118/98 7.97 88.50 870 ~O 84.7 NO NO NO NO 06/23/98 8.75 87.72 1,010 ~O 133 2.59 NO NO 1.20 03/24/99 6.12 90.35 0.00 1,150 NO 187 6.33 3.20 4.77 8.66 08/31/99 8.26 88.21 0.00 966 NO 57.2 1.53 NO NO NOlO 03/17-18/00 i NOlO 7.49 88.98 0.00 797 NO 144 NO NO NOlO 1 0/06/00 1,11014 , 9.50 86.97 0.00 NO 216 0.619 1.09 0.611 2.36 04/01/01 7.50 88.97 0.00 i 09/27/01 8.96 87.51 0.00 , -- 03/28/02 8.05 88.42 0.00 5,60020 <1,10020 250 1.3 <0.50 <0.50 1.8 1001351.)(15/#386607 19 As of 09/1 0/03 DATii: 1 aDl~ 1 Groundwater Monitoring Data and Analytical Results Former Chevron Bulk [erminal #1001351 1310 Highland Avenue Bremerton, Washington I :::smxf:::::: :::ttp:HJjf::,{::::;::;twoH:'( "Jj :: :.' ;': <I>/L~.d' ::.; b<:':':"'; MW-22 (cont) 09/30/02 03/07/03 09/10/03 8.23 8.18 8.58 88.24 88.29 87.89 0.00 SAMPLED ANNUALLY 0.00 1,50020 . 50lfo 0.00 SAMPLED ANNUALLY 100 0.89 <1.0 <0.50 <1.5 MW-23 108.07 09/20/937 18.22 89.85 4,300 97P 900 20 2.6 4.0 2.8 NO 12123f93 17.11 . 90.96 3,700 1,2pO 370 8.6 1.9 0.9 3.9 NO 03/2Sf94 20.39 87.68 4,300 880 880 14 2.3 3.0 3.5 NO I 1.3 NO 05/04f94 19.31 88.76 3,900 NO 1,000 12 1.9 2.1 l 1.0 4.2 09/28/94 21.54 86.53 2,500 NO 750 7.7 1.5 1.1 12/09/94 17.25 90.82 3,400 NO 430 5.7 1.5 1.0 1.2 NO 03/15/95 19.32 88.75' 4,100 1,600 1,700 14 2.6 3.4 4.5 06/22/95 20.77 87.30 5,100 2,1;00 850 7.8 1.4 1.1 2.4 09/11/95 22.37 85.70 8,300 5,7,00 NO 0.57 NO NO NO 12/06/95 18.95 89.12 2,100 N;O NO NO NO NO NO 03/14/96 14.15 93.92 2,600 1,1,00 970 5.7 0.63 0.70 1.4 06/05/96 20.45 87.62 09/04/96 18.80 89.27 "- 12/23/96 17.81 90.26 5,660 2,$00 378 2.23 0.626 NO 1.19 04/15/97 18.55 89.52 2,910 914 1,260 9.22 1.50 1.61 3.15 '.. 09/15/97 22.20 85.87 2,330 1,110 462 NO NO NO NO 12/29/97 19.15 88.92 2,710 8~0 155 0.728 NO NO NO 03/18/98 21.60 86.47 2,570 NDIO 1,460 NOlO NOlO NOlO NOlO 06/23/98 23.68 84.39 2,370 NO 784 2.02 0.774 NO 2.21 03/24/99 . 15.65 92.42 0.00 2,150 NO 553 2.16 1.08 2.04 4.93 08/31/99 18.88 89.19 0.00 1,220 ND 264 NOlO ND NOlO NOlO 03/17-18/00 16.90 91.17 0.00 2,070 ~O 1,240 1.57 NOlO NOlO NOlO 10/06/00 19.84 88.23 0.00 7,97014 256014 919 0.926 1.57 1.39 3.38 'r 04/01/01 20.40 87.67 0.00 1,400 <'150 146 0.769 <0.500 <0.500 . <1.00 09/27/01 17.76 90.31 0.00 5,050 1,040 1,030 10.2 1.74 4.22 13.1 03/28/02 17.49 90.58 0.00 2,50020 <75020 1,100 <1.0 <1.0 1.7 <3.0 1001351.xls/#386607 20 As of 09/1 0103 i ~Lt ii;){H .DATJt</ T}:l(j.VJi.) ... TablJ 1 Groundwater Monitoring Da,ta and Analytical Results Former Chevron Bulk Terminal # I 00 1351 1310 Highland Avenue Bremerton, 'Yashington MW-23 (cant) 09/30/02 03/07/03 09/10/03 19.03 21.33 23.33 89.04 86.74 84.74 0.00 0.00 0.00 2,30020 27020 53010 1,00020 <25020 <25~10 190 <50 <50 <0.50 <0.50 <0.5 <0.50 <0.50 <0.5 <0.50 <0.50 <0.5 <1.5 <1.5 <1.5 MW-24 100.65 09/20/937 10.53 90.12 340 ND ND 0.6 ND ND ND 5.0 12/23/93 9.61 91.04 ND ND ND ND ND ND ND ND 03/25/94 -- I 05/04/94 11.32 89.33 ND NJ? ND ND ND ND ND ND 09/28/94 -- 12/09/94 9.99 90.66 310 NID ND ND ND NO NO NO 03/15/95 06/22/95 12.96 87.69 2,000 NID ND ND ND ND NO 09/11/95 12/06/95 10.68 89.97 ND NO ND NO ND NO ND 03/14/96 10.25 90.40 ND Np ND ND ND ND NO 06/05/96 12.20 88.45 -- 09/04/96 11.75 88.90 12/23/96 10.60 90.05 -- 04/15/97 10.60 90.05 09/15/97 14.34 86.31 504 ND 94.7 NO NO NO ND 12/29/97 9.95 90.70 03/18/98 12.65 88.00 06/23/98 15.15 85.50 NO ND ND ND ND NO ND 03/24/99. 8.11 92.54 0.00 267 ND ND ND ND ND NO 08/31199 , -- 03/17-18/00 9.92 90.73 0.00 I 10/06/00 -- 04/0 1/01 13.91 86.74 0.00 09/27/01 11.67 88.98 0.00 03/28/02 11.04 89.61 0.00 1 nn1 '1'; lxl~/#3R6607 21 As of 09/10/03 .l ilUlt: .l I Groundwater Monitoring D~ta and Analytical Results Former Chevron Bulk iI'erminal #1001351 131 0 Higbl~d Avenue Bremerton, Vi ashington DA1'lt<<.. ..... ... . . . . -". ... -. - ..... ...-.. . P' . ..... _......... . ... . . .. -... - . .. . . ........ ,- .-.....-. .. . . "'" .. ,_. .. .. ','" . .. ... . - .... . . . . -. - . . . . . . . ..,-," -. . . . . . - . .... . . MW-24 ( cont) 09/30/02 03/07/03 09/10/03 12.99 11.03 12.43 87.66 89.62 88.22 0.00 0.00 0.00 Trip Blank TB-LB 06/23/98 ND ND ND ND ND 03/24/99 -- ND ND ND ND ND 08/31199 ND ND ND ND ND i ND10 ND10 ND10 03/17-18/00 113 ND 10/06/00 ND ND ND ND ND 04/01101 -- <50.0 <0.500 <0.500 <0.500 <1.00 09/27/01 ~ <100 <0.500 <1.00 <1.00 <1.50 03/28/02 <50 <0.50 <0.50 <0.50 <1.5 QA 09/30/02 -- <50 <0.50 <0.50 <0.50 <1.5 03/07/03 <50 <0.50 <0.50 <0.50 <1.5 09/10/03 <50 <0.5 <0.5 <0.5 <1.5 TPH-D TPH-O TPH-G B T E X D. Lead Standard Laboratory Reporting Limits.: 250 250 50 0.5 0.5 0.5 1.5 - ~ MTCA Method A Cleanup Levels: . 500 500 800/1,000 5 1,000 700 1,000 15 - Current Method: NWTPH-D + Extended NWfPH-G and EPA 80218 EPA 7421 IOOI351.xIs/#386607 2~ As of 09/10/03 Table 1 Groundwater Monitoring Data and Analytical Results Former Chevron Bulk Terminal # I 00 1351 1310 Highland Avenue Bremerton, Washington EXPLANA nONS: Groundwater monitoring data and laboratory analytical results prior to March 24, 1999, were comp/led from reports prepared by Pacific Environmental Group, Inc. TOC in feet relative to an arbitrary datum. GWE has been corrected for the presence ofSPH; correction factor: [(TOC - DTW) + (SPIn; x 0.80)]. GWE has been corrected for the presence ofSPH; correction factor: [(TOC - DTP - SPHT) +: (SPHT x 0.80)]; Historical data has been altered to correct error in original reporting of depth to product as depth to water. Total Petroleum Hydrocarbons (TPH) Modified EP A Method 8015 was detected at 46,400 ppb. TPH Modified EP A Method 8015 was detected at 36,700 ppb. TPH Modified EPA Method 8015 was detected at 76,700 ppb. TPH Modified EPA Method 8015 was detected at 1,742,000 ppb. TPH Modified EPA Method 8015 was detected at 38,900 ppb. TPH Modified EP A Method 8015 was detected at 150,000 ppb. TPH Modified EPA Method 8015 was ND. Well obstructed at approximately 5.2 feet. Well obstructed at approximately 4.5 feet. Detection limit mised. Refer to analytical reports. Laboratory report indicates sample appears to contain extractable diesel range organics. Absorbent sock installed in well. Replaced absorbent sock. Laboratory report indicates detected hydrocarbons have non-petroleum peaks or elution pattern that suggests the presence of biogenic interference. Laboratory report indicates detected hydrocarbons in the heavy/oil mnge appear to be due t6 overlap of diesel mnge hydrocarbons. Laboratory report indicates detected hydrocarbons appear to be due to biogenic interference; as well as weathered diesel; cleanup recommended. Laboratory report indicates hydrocarbon pattern and mnge have non-p'etrOleum peaks or elu~on pattern that suggests the presence of biogenic interference, however, there. is some heavily weathered diesel. ! Laboratory report indicates detected hydrocarbons are mainly due to overlap from the gasoline range; however, there is some weathered diesel detected. Absorbent sock present. TPH-D and TPH-O with silica gel cleanup. TOC = Top of Casing (ft.) = Feet DTW/P = Depth to Water or Product GWE = Groundwater Elevation SPHT = Separate Phase Hydrocarbon Thickness TPH-D = Total Petroleum Hydrocarbons as Diesel TPH-O = Total Petroleum Hydrocarbons as Oil * ** *** 4 9 10 II 12 13 14 IS 16 17 18 19 20 1001351.xls/#386607 TPH-G = Total Petroleum Hydrocar~ons as Gasoline B = Benzene T = Toluene E = Ethylbenzene X = Xylenes (ppb) = Parts per billion ND = Not Detected -- = Not MeasuredfNot Analyzed D. Lead = Dissolved Lead - Analysis by EPA Method 7421 QA = Quality AssumncefTrip Blank MTCA = Model Toxics Control Act Cleanup Regulations [WAC 1 73-340-720(2)(a)(I), as amended 02/0 I] ~3 As of 09/1 0/03 Table 2 Separate Phase Hydrocarbon ThicknesslRemoval Data Former Chevron Bulk Terminal # 1 00 1351 .' 1310 Highland Avenue Bremerton, Washington H . .' . . . .. .. '. . ......, . ,'. " . . .. . . . . , . . . . . .' . ... ....\........~Aft.<)n ........ .......p ..D'f:t}<:. .... .. l!t.) .'.: ..:.....:.: :.. .. . . . . P ... . . spa . .. . ..AM~y~~~^I~~p >l'~lt~~::?;..(~rllf"'~!tiR)... .. .. . )</\+:. . :... ..... li aIIOJ",) > > MW-14 03/28/02 09/30/02 03/07/03 09/10/03 6.80 9.35 7.58 9.35 6.83 9.38 7.60 9.37 0.03 0.03 0.02 0.02 0.00 0.00 0.00 0.00 MW-15 09/30/02 03/07/03 09/10/03 8.84 7.19 8.87 7.22 8.96 0.03 0.03 0.00 0.00 0.00 0.00 MW-16 03/07/03 09/10/03 11.40 16.58 11.46 16.60 0.06 0.02 0.00 0.00 EXPLANATIONS: DTP = Depth to Product _m_--DTW = Depthfo Watti (ft.) = Feet SPH = Separate Phase Hydrocarbons Note: Historical data has been altered to correct error in original reporting of depth to product as depth to water. ATTACHMENT - 3 I I I I I I I I I _____1 I I I I I I I I I \ 4' 4 Su pplementalEnvironm ental Site Assessment Decommissioned Chevron Bulk Terminal No., 61001351 1310 Highland Avenue Bremerton, Washington _ _P!~2~_~forH Chevron U.S.A Products Company March 10, 1994 Prepared by Pacific Environmental Group, Inc. 4020 148th Avenue NE, Suite B Redmond, Washington 98052 Project 520-041.01 PACIFIC ENVIRONMENTAL , GROUF? INC. .. .... _ _' _' _ ...... __ _, ~. 8lIIIIII!IL' .... -- ~. ~ ...... ~.. -.- , , PARAMETER . TPH- TPH- TPH- Ethyl- Total Sample I.D. Date Gasoline Die~c1. Oil Benzene Toluene benzene Xylenes Lead '~_~~~oWir~~j&~~~~~~~W'~X1';W~~~1ct~.m? MW-23 (35') 9/13/93 NO NO NP NO NO NO NO 2.8 . MW-2J (42') 9/14/93 NO 38 74 NO NO ND NO 5.7 , , ! MW-24 (21.5') 9/13/93 NO 44 2io 0.l2 ND ND 0.041 \ 14 ! , I , MW-24 (34') 9/14/93 NO 42 120 NO ND NO NO 4.3 MTCA Method A i : Clcnnun Lc"cl: - 100.0 200.0 2~Q.0 0.5 40.0 20.0 20.0 250.0 , 0.027 - 0.027 - 0.027 - 0.027 - . Relwrting Limit: - 5-7 10 - 13 401.49 0.033 0.033 0.033 0.033 1.5 - 6.2 TABLE :1 SOIL ANA~YTlCA~ RESULTS DECOMMISSIONED CHEVRON BULK TERMINAL 61001351 TPH as Gasoline-Method WfPH-G TPH as Diesel and Oil~Melhdd WfPH-O+exlended BTEX ComDounds-Melhod 8020 TC!tal Lead~Melhod 1420 Concentrations in ~glkg (ppm) ! NOTES: NO - Not Detected 3/8/94 .. .. .. ---...--------- TABLE 3 : SOIL ANALYTICAL J;UtSUL TS DECOMMISSIONED CHEVRON BULK TE~INAL i# 610U1351 Polynuclear Aromatic ~vdrocarbons (PA!ls) - EPA MeU\od 831Q Concentrations in mglkg (ppm) PARAMETER . 1-Methyl- 2-Methyli' Phenan- Fluor- Sample I.D. Date Nallthalene nallthalene nallthalene Fluorene threne Anthracene anthene pyrene :mMilim~!iW$$~mw.~~;~~.~~~~~~~~~~l1.~~~~~~ . ' i MW-23 (35') 9/13/93 NO . NO NO NO NO NO NO NO NO 0.083- 0.11 . NOTES: NO - Not Detected Detected concentrations ofPAHs are non-carcillogenic PAlls only. See CARs for reporting limits for MW-22 (lq') and for PAlls analyzed for not shown on this table. The MfCA Method A cleanup level for total: carcinogenic P A!ls is 1 ppm. . Certified Analytical Results are attached MW-23 (42') 9/14/93 NO NO NO. NO NO MW-24 (21.5') 9/13/93. NO NO ' NO NO NO MW-24 (34') RCIJorting Limits: 9/14/93 NO 0.17- 0.22 NO 0.17- : 0.22 ! NO 0.017- 0.022 NO U.0083- '0.011 NO NO 'NO NO NO 0.0083- 0.011 NO O.U17- 0.022 NO NO NO 0.017- 0.022 - '. 3/3/94 N I I I I I . ...... GROUNDWATER MONITORING WELL CONSTUCTED IN FIRST WATER-BEARING UNIT LOCATION AND DESIGNATION GROUNDWATER MONITORING WELL CONSTRUCTEDDEEPER IN WATER-BEARING'UNIT LOCATION AND DESIGNATION MW-12 J2J ABANDONED GROUNDWATER MONITORING WELL LOCATION AND DESIGNATION PORT WASHINGTON NARROWS WOODEN BULKHEAD (BURIED) VAPOR EXTRACTION EQUIPMENT r FORMER WAREHOUSE LOCATION WOODEN BULKHEAD MW-8 (DRY)@ MW-13 @) I . (8S.98) ,. MW-5 MW-6 (DRY) @) (88.41)@ 1 If ASPHALT J MW-4 ~ (SS.36), I MW-14J S8.73) tlttr~~~~(!~i!IiI~~~~ : ;:;:;:;:;:::;:;:;: : ::::::::::::::;:::. J f li> MW-1~ J (S8.24) @) MW-9 J . (S8.35) J I I I 9, '""' ~C::~M .. l FORMER ABOVE GROUND TANKS (TYP) MW-4 @) STORAGE CONTAINER <.0 ~ MW-17 + @) MW-21 LOWER (S8.17) YARD UPPER YARD MW-17- + LEGEND (8S.36) GROUNDWATER ELVATION IN FEET, PROJECT DATUM, 9-20-93 (NA) WELL INACCESSIBLE, 9-20-93 GROUNDWATERELEVATION IN FEET, PROJECT DATUM, 9-20-93 MW-17- DUE TO SCREENING PLACEMENT, THESE WELLS WERE NOT USED FOR CONTOURING MW-20 (S8.39) FORMER GARAGE CONCRETE BULKHEAD (BURIED) HIGHLAND AVENUE V:::::::::::::::::::::I AREAS OF CONCRETE PADS & PACIFiC ' ENVIRONMENTAL GROUP, INC. DECOMMISSIONED CHEVRON SULK TERMINAL 61001351 1310 Highland Avenue Bremerton, Washington SCALE I 40 I o I 80 FEET GROUNDWATER ELEVATION CONTOUR MAP - SHALLOW WATER BEARING UNIT SURVEY BENCHMARK LOCATION, ARBITRARY ELEVATION = 100.00 FEET FIGURE: 3 PROJECT: 520-41 .01 b (Q(::)( ,3:s I REPORT OF GEOTECHNICAL SERVICES SUBSURFACE CONTAMINATION STUDY CHEVRON BULK FUEL TERMINAL BREMERTON, WASHINGTON FOR CHEVRON, U.S.A. FILE NO. 0372-34-4 _'H~r "11 1\ ~~!li [~~ r...~l [~ ~(!~ ~ ;.~ ~ .~, ~~ 0 ~4 TI\BLE 1 I.J ~ I ~Y OF: SOIL ANALYTICAL QIEMIsrRY IM'A tr1 tU!i :::l ~!~ , cs. :Sfl :~ t:l Diesel Ethy1- Total (1) Bi;! ('t) ~.:~~ Gasoline 41=1 , 41=2 Benzene Toluene benZene Xy1enes ~ t~1 t~ij Location ( PP1l) (ppn) (ppll) (ppb) (ppb) (POO) ( ppb) I l'!'~ . ~~ B-3 66 <10 <10 ~ ~tl;. MW-4 630 <10 100 <10 15,000 3,100 12,400 ilf. I (~ ~~ ffi-5 4,300 17,000 <10 3,4~0 9,400 2,600 6,800 ~~~ "'I Ii@. MW-6 230 .71 <10 <10 8,700 2,300 10,500 ,. ';:~ MW-7 <1 <10 <10 <10 27 66 <10 ffi-8 900 <10 200 <10 39,000 110,000 37,000 \J1 ffi-9 <1 <10 <10 <10 <10 <10 29 MW-I0 <1 <10 <10 <10 <10 <10 <10 i MW-11 3. <10 480 <10 <10 <10 <10 MW-12 220 <10 i 210 <10 <10 <10 520 TP-l ' 250 <10 1,400 <10 <10 169 15 TP-Z 31 <10 74 <10 <10 201 15 TP-3 81 <10 i 250 <10 <10 88 680 , TP-4 <1 <10 <10 <1 <1 <1 <1 TP-5 <1 <10 ! <10 <1 <1 <1 <1 TP-6 4 <10 ! 82 <10 <10 <10 41 TP-7 280 <10 47 <10 6,100 2,400 2,300 '1 Shoreline~~... .., ______ B-~ B-2"\, -- ---..._ Fence ~ ____i-Y-+-.Jr~ x__ ~~ B-3.;..,'--;:;0 ~ =---- - - ~ MW-1 MW-8. (88.32) \ * \ I MW-5. (89.82) .MW-6 (89.86) MW-4 . (89.93) 6"l Terminal Area (Lower Yard) / MW-10 MW-9. (90.40- /(90.19) 10 TP-~ <:() o , ... , Q ..... ~ ~ ) j 'l-- . ~ () . N 1'-.. :) ::l -~~- Port Washington Narrows ...-----... . 70 ---...____... )~ __ 1< )~ H )(,,-- - MW-20 D MW-11. (91. 27) I I~?I / MW-120 I (91. 26) TP-3-$- I I TP-~ TP-2 -$- Former Fuel Tank Area (Upper Yard) TP-6 -$- TP-~ -- )t '" Highland Avenue REFERENCE: DRAWING ENTITLED "GROUND PLAN", DATED 10/16/70 REVISED, BY STAND~RD OIL COMPANY OF CALIFORNIA. YW., EXPLANATION: B-1A ." BORING LOCATION AND NUMBER MW-4. MONITOR WELL LOCATION AND NUMBER TP-1~ BACKHOE PIT LOCATION AND NUMBER TP-5-$- . , .:t' J( ~N o t 40 I 80 I SCALE IN FEET (89.92) RELATIVE GROUND WATER ELEVATION ON 10/12/88 o GROUND WATER FLOW 01 RECTION MW-10 MONITOR WELL INSTALLED JULY, 1976 BY GEOENGINEERS ~91 WATER TABLE ELEVATION CONTOURS BASED ON 10/12/88 MEASUREMENTS ,J' :.s ~ <f '" -~I". Geo qgJEngineers SITe PLAN FIGURE 2 ATTACHMENT - 4 53 .. .. HNrrCnowsBl Earth and Environmental Technologies FACrlrTY NII~.yp.~ _ {{y(} l?:b1 GE:CG.'LC:=-:::l 0 SERVIC: i--....J.!,~~;?03AlS IJ PERri.; Ie. -'-. --; J 0 DRAWfNGS/P; :,;702/i\lOTES 0 SPILL & u::;'.:~ r._PO?iTS 0 LEGAUEAsEMENTSJUC. Q. ,REPoRTs JfJ, Status Report Interim Remedial Action Vapor Extraction System Chevron Former Bulk Terminal Bremerton, Washington Prepared-'or Chevron U.S.A., Inc. December 16, 1991 J-2365-01 Seattle . Tacoma . Rich/and . Anchorage . Portland . San Franc/sco . Long BeaJ:h ~ ~ Table 1 - Summary of Analytical Results for Soil Samples Hart Crowser J-2365-o1 EP A Method 8020 EPA Method 8015 mod. Depth Total Petroleum Hydrocarbon~ Sample ID in Feet Benzene Ethylbenzene Toluene Xylenes as gasoline as diesel Concentration in mg/kg EX -:2 7.5 to 9 NO 21 ~ 23 130 3800 ND EX-3 7.5 to 9 0.16 1.6 1.6 11 250 310 EX-4 7.5 to 9 NO 38 33 190 3200 2200 EX-5 7.5 to 9 NO 28 17 180 660 1100 EX-6 7.5 to 9 1.4 NO 3.2 8.1 125 790 EX-7 7.5 to 9 NO 3.6 1 0.31 1 14 ] 600 530 EX-g 7.5 to 9 NO 28 J 16 ] 140 ] 540 935 EX-9 7.5 to 9 51 200 570 1000 9663 NO EX -10 6.5 to 8 NO 59 6.2 140 2400 9100 EX-ll 7 to 8.5 0.65 39 14 210 7200 NO ND - not detected above the. laboratory detection limit, see attached Laboratory Certificates for specific limits 1 - Estimated value; QA/QC review of laboratory data revealed problems in analysis, See Appendix B for explanation. Sample locations are shown on Figures 2 and 3. Chemical analysis was performed by Analytical Technologies, Inc., in Renton, Washington. DUOIT1lJOas .;~ .1 . Hart Crowser 1-2365-01 Table 2 - Summary of Vapor Extraction System Monitoring Parameters Date of Calculated Emissions in Pounds/day++ Percent LEL+ Percent Oxygen+ Measurement ' SP-l SP-2 VP-l SPl & SP2 SP-l SP-2 VP-I SP-3 SP-l SP-2 VP-I 11/07/90 365 3730 4095 43 11/09/90 1580 10536 12116 11/16/90 . 492 3802 4294 27 11/27/90 143 105 248 31 12/20/90 18 117 135 2 12/27/90 0 265 265 22 03/02/91 1 23 24 5 1 1 19.7 18.5 19.6 03130/91 33 1217 1250 3 15 5 5 20.3 19.7 20.2 05/01/91 99 151 127 250 2 24 8 8 2O.S 18.3 20.S 06/24/91 23 1024 960 1047 1 29 7 7 19.8 16.7 18.9 07123/91 6 58 9 64 1 27 8 8 20.4 16.4 19.1 08/23/91 6 33 20 39 1 4 2 2 22.3. 20.6. 21.4. . MSA 361 not calibrated properly for oxygen measurements. + Measurements made using a MSA 361 combustablc gas monitor., ++ Samples collected using a charcOllI collection tube (Appendix A) and analyzed using NIOSH Method 1500 (OCIFID). 236j01T31JOBS Vapor Extraction System Plan l' or."' ;.~x~ If';'~ -1".......... ;.~ ..........-t~ThermaIOxidl...r ...---- 3. ;. .EX-10 ------ f '1-~ 2e . ;.~ r Lateral 1 ! ( .ell.....L.................J ..... t. = ,. .... = \ ..... EX-4 o. :t. MW-8~. .EX-1 >'-.". \ .EX-5 >'- 7. ~ \ Lateral 2 \ ......l...........::~.~:;............... EX-8.)(o.....~..... .t = 13. .EX-3 : >'-\ n. i EX-2i \ ... ~ Yom \ ""~13/' , 'h ~EX-9 .,.:. ..................;.. . . :I .EX-6 \ Lx--X totl st\\tlG 'fJf>-. O\f'J5 tlf'.r.r. 8. 20. ~A~ ""- HIGH ..,., LA.No AlleNuE "---- x s. L1A J ~MW-5 . . . i L1 I !;..w-f :t SP-1 EX-11. 23. 10. SMW-4 . . . :It; MW-14S 15. ". L2 .,8 L3 SMW-8 .EX-1 - SP-1 . L1A .~ Monitoring Well location and Number CAtraclion Well location and Number ., Sampling poinl location and Number Velocity Measurement Poinl locatioo and Number Observation Piezometers location and Number 4- Diameter PVC Pipe 6. Diameter PVC Pipe x 4-inch Diameter Ball Valve Concrete Pad ~ o 20 s;;;je in Feel 40 - .. HI:IRTOlOWSER J-2365-01 10/91 Figure 2 Concentration of Gasoline - Range Petroleum Hydrocarbons in Soil Sol/ Samples Collect,ed between Depths of 6 Feet and Water Tab/ePr/or to /nstal/at/on of Vapor Extract/on System "OBi O'f'l5 f'lfl.Bfl. '{ot'l \"\\t'l" 'f'lfl.5 ~~~~~~ ~ 1- ~~ ThermaIOxldlzor .........1- ............ " ......... .EX-10 ~ ~~ 2~OO 1---.----- .........1- i SMW-13 (~~ ~TP-a I, LHC .EX-4 17,000 ~ 2000 7 , ~\ 8 ,.EX-1 SMW-5, S !-as ~go MW-6 B " LHC "~ ~~/.~~~~l ' ~ ~11. ~~ , , , ,,~,~-- \. I ~~"" \ .EX-5 , ' i ~~ "\ \11~0 ASPhalt. \ \ EX-a. \ .~-3 "~~~,~~,~~~_~~_~~~~-~~\ 2i~\ __ , I \ EX-2. , "\TP-11 Lowe~\ Yard 3".fO 330 , 7 EX-7. \ jC. 550' \ \ . \ " \ \ \. L~__1- SMW-4 LH!: EX-9. '\<,O . , , .' , 'MW-15 , S ~ , , ~ I , I EX-e. 110 , S MW-9 LHC , ~~~ HIGHL<>, No AVENuE ~' "'---x 8M CnUe with Equlpment and Control Panela SMw-a .EX-1 ~TP-8 000 LHC ~ Monitoring Well Location and Number e E.<traction Well Location and Number Test Pit Location and Number (Hart Crowser 1989) Petroleum Hydrocarbon Concentration In mg/kg as Gasonne in Soil (EPA Method B015 Modified) liquid Hydrocarbon in Monitoring Wen Soil Sample Oeplh In Feet (Presented'as Mldplnt of Sample Interval) Concrete Bulkhead Wooden Bulkhead Concrete Pad Note: All concrete and wooden bulkheads were encountered during excavallon, , o 20 ScSie in Feel 40 l .. .. HiJrrrCROWSER J-2365-01 10/91 Figure 3 Contour Map of Equal Vacuum Measurements in Extraction Wells and Piezometers Date of Measurements: June 25. 199.1 O'fJ5 t'1",f\~ ,\O~ 5\.\I~G '\ 'fJ'" I'O~ Condensale Tanks Vacuum in Inches of Waler 18 26 20 20 19 x~ I ~/~0~' -t~-t ,~i-/ hfs,@.\ ~ ......--;. o~ ( ~OP ~ -;."""- 0.0- O' \, ~ "- ,~ ~-=--:., ",---.." ! \ ~ 0.5 0-03_ ~~ \(::~\~. ~::;--->o ,.. ~. \ \ \~) \'\:' · ;'.' 8 ~ "'\ ~~ "\ ~ <0. ..n\ ." \~,.) Lowe ~ ~ \ \~! ~,.. ~ ) ..:\ l \ ~~o., ~..n !J L~__x '?o~ ~ ' / ~~~~O$ ?y HIGHJ.A NO A"'€NlJl: See Crate wllh EQUlpf'I'1eot and Conlrd Panell @ @ -0.115 -0.5- ~ Monitoring Well Location and Vacuum Measurement in Inches of Waler Extraction Well Locallon and Vacuum Measuremenl in Inches 01 Water Piezomeler Location and Vacuum Measurement in Inches of Water ~~~~~ ~ ~~~~Is of Waler Concrele Pad NoI_: (l) VSC\Jum a. extraction and monilOfing well head! were measur9d by u.ing . 0- 10 l00-1ndl Wl!!Iiler eQUfYs"enl vacuum 1)8uge. (2) Vacuum at phum8l11f' wu meuured using an A1nof VekHnet.r. (3l Vacuum a' tha _'a lanko .... mouonod by dif<lcl reading 0- 10 lfX)-lnc:h nler ~lent Y8.cuum oauge dedicated 10 each tank. ~, o 20 40 &;;;ie 10 Feel - .. HNrrCROWSER J-2365-01 10/91 FIgure 4 :no '. I~ .... l\) . ~.~ iii ~ (.h6 ... ~';e~ CO. ... Volatile Petroleum Hy~rocarbon Extraction Rates 14000 T I 12000 ~ 10000 '1j ~ ..0 ,.J .5 t! 8000 o ..0 G o .t3 :f6000 S ~ III '0 .tl ~ 4000 ... 2000 o 11 /7/90 ~~ I . ~ 2000 T \ ~ 1800 I 1 :3 1600 I \ .~ 1400 I c I ~::. .\ / ~ BOO i =1.. I ~ 2~" .__~---------.-j 11/7/90 12/27/90 2115/91 4/6191 5/26/91 Dille of Silmple Collecllon .-----.-T 12/27/90 ~-... ......----.-.-...... ./ . -+- '--""'-'---~/'- ~. \-~ 7/15/91 9/3191 .~ 913191 Note: Pounds per day measurements presented In this graph were the total pounds per day extracted as calculated from charcoal tube samples collected In sampling ports SP-1 and SP-2 (See Table 2). , . 2/15/91 4/6191 5126/91 7115/91 Date of Sample Collection Liquid Hydrocarbon Thickness Monitoring Wells MW-4, MW~6 and MW-9 3.00 . MW4 .... ~ 2.50 100. .5 -0-- MW-6 -+- MW-9 II) II) ~ 2.00 ~ ~ g 1.50 ..0 - :a 1.1 o ~ 1.00 :I: 'Tj '3 :r 0.50 0.00 11/15/90 I 7/23/91 9/11/91 .--j 10/31/91 1/4/91 2/23/91 4/14/91 6/3/91 Date ,of Measurement ~ ~. ~... ~ Cl) II (J) 0) O)Y' <:) ..... "'60 C) " CO. ..... ATTACHMENT - 5 SITE HAZARD ASSESSl\1ENT ~" SUMMARY REPORT FOR CHEVRON TANK FARM BREMERTON, WASHINGTON JULY 1991 Prepared for: Washington Department of Ecology Mail Stop PU-7 .. Olympia;.Washfngion- ~-g504 Prepared By: Parametrix, Inc. 13020 Northup Way Bellevue, Washington 98005 & SAle 626 Columbia Street NW, Suite IC Olympia, Washington 98501 Contract Number: COO89006 Work Assignment No. 49 6.0 SAMPLING RESULTS AND DISCUSSION 6.1 Groundwater and Free Product Sampling Results Semi-volatile organic compounds (carcinogenic and noncarcinogenic) were detected in the groundwater sample (monitoring well MW-4) at concentrations up to 152 parts-per-billion (Ppb) (nitrobenzene) (Table 2). The groundwater sample from MW-4 also contains 353 ppm total petroleum hydrocarbons (TPH, EPA Method 418.1), 5,660 ppb Benzene, 2,420 ppb Toluene, and 4,390 ppb Xylene (total). The free product sample from monitoring well MW-4 contains 90% diesel. A water sample was not available from monitoring well MW -8 because of the lack of water in the well (see Section 4.1). 6.2 Sediment Sampling Results Results from sediment sampling (SD-l, SD-2, and SD-3) are summarized in Table 3. As can be seen in this table, all compounds are below quantification limits, although concentrations of some compounds have been estimated (shown as a "J"). Laboratory data validation activities indicated that there were extremely low surrogate recoveries for all samples. The lab indicated that this was due to "matrix interferences". The lab did not elect to reanalyze or dilute these samples. Based on this information, it is not considered valid to attempt a comparison with sediment management standards. However, trends in the data are Qresent. It is_ncJ~~,Lll}1iL;;lJ ---'leasiutheu[oilowing- comPOtlndsare'.present'in--thesediment-sampies-: ------ -- --- - · Acenaphthylene · Fluorene · Anthracene · Fluoranthene · Chrysene · 2,6-Dinitrotoluene · Di-n-Butyl Phthalate · Bis(2-ethylhexyl) Phthalate · Acenaphthene · Phenanthrene · 2-Methylnaphthalene · Pyrene · Dimethyl Phthalate · Diethyl Phthalate · Di-n-Octyl Phthalate · Phenol Based on the quantification limits utilized by the laboratory, it is expected that these compounds may be at or above the Marine Sediment Management Standards (WAC 173-204). Sediment samples from the Chevron site also contain TPH (EPA Method 418.1) concentrations of 100, 145, and 412 ppm for SD-l, SD-2, and SD-3 respectively. Lead was also detected .at concentrations of 11.3, 25.8, and 53.3 ppm for SO-I, 50-2, and SO-3 respectively. Xylene (total) was detected in SO-1 at 103 ppb and in SO-2 at 78 ppb. Chevron Tank Fann SHA 12 Final, July 1991 Table 2. Groundwater and Free Product Semi-volatile and Volatile Organics, TPH, and Diesel Analysis Summary Chevron Tank Farm, Bremerton, Washington Analyte !lI1ill Groundwater Semi-volatile Organics Phenol ug/L Bis(2-chloroethyl)ether ug/L 4-Methylphenol ug/L Nitrobenzene ug/L lsophorone ug/L Bis(2-chloroethoxy)methane ug/L Naphthalene ug/L 4-Chloroanaline ug/L 4-Chloro-3-methylphenol ug/L 2-Methylnaphthalene ug/L _7_~_N!tl:Q~~!t!~_____ _.. ug/L Dimethylphthalate - _n ---- ~-uglL-_n Acenaphthylene ug/L 2,6-Dinitrotoluene ug/L 3-Nitroanaline ug/L Acenaphthene ug/L 4-Nitrophenol ug/L Dibenzofuran ug/L 2,4-Dinitrotoluene ug/L Diethylphthalate ug/L 4-chlorophenyl-phenylether ug/L Fluorene ug/L N-Nitrosodiphenylamine ug/L 4-Bromophenyl-phenylether ug/L Phenanthrene ug/L Anthracene ug/L Di-n-butylphthalate ug/L Fluoranthene ug/L Pyrene ug/L Bis(2-ethylhexyl)phthalate ug/L Orevron Tanlc Farm SHA Sample Number MW-4 t\~C\ ~ 24 \ \J \ J 22\~ \~ 34 (ill' ~ " ~ ?' 31 51 134\~~\b 22 14 41 3 r--- - 61 91 71 5 J 11J 2J 15 31 3 J 17 31 31 17 17 4J 5 J 9J _,/'. 49\~ ~\? 13 Carcinogen or Noncarcinogen 1 NC C UNK NC NC UNK NC NC UNK UNK UNK NCn NC C UNK NC UNK NC C NC NC NC C UNK UNK NC NC NC NC C Final. july 1991 Table 2 continued. Groundwater Semi-volatile and Volatile Organics, TPH, and Diesel Analysis Summary Chevron Tank Farm, Bremerton, Washington Analyte Units Sample Number Carcinogen or Noncarcinogen 1 Groundwater Volatile Organics MW-4 Benzene Toluene Xylene (total) ug/L ug/L ug/L 5660 2420 4390 C NC NC TPH (418.1) mg/L 353 UNK Free Product . .. Diesel Percentm ... 90.. .UNK.... .. - ..--.--.. ... H_._ From the Health Effects Assessment Summary Tables, Third Quarter - FY-1990. U.S. Environmental Protection Agency; Washington, D.C. July 1990, as updated. ug/L Micrograms per liter (parts-per-billion [Ppb]). NC Compound is a noncarcinogen. C Compound is a carcinogen. UNK Unknown whether compound is a carcinogen or a noncarcinogen. J Indicates the compound was detected but at a level below the quantification limit. The number preceding J indicates the approximate concentration of the compound. mg/L Milligrams per liter (parts-per-million [ppm]). Chevron Tank Fann SHA 14 Final, July 1991 8.0 REFERENCES GeoEngineers, Inc., 1988. Report of Geotechnical Services Subsurface Contamination Study Chevron Bulk Fuel Terminal, Bremerton, WA. Prepared for Chevron U.S.A., Inc. November, 1988. 7 pp. and Appendices. Hart Crowser, 1989. Summary of Work Accomplished to Date and Pending, Farmer Chevron Bulk Plant, Bremerton, WA. Prepared for Chevron U.S.A., Inc. November,1989. llpp. and Appendices. parametrix, Inc., 1991. Site Hazard Assessment Final Work Plan for Chevron Tank Farm, Bremerton, W A. May 1991. 12pp. and Attachments. Parametrix, Inc., May 30, 1991. Telephone conversation with Jennifer Martin of Hart Crowser, Inc. Parametrix, Inc., June 4, 1991. Telephone conversation with Brendt Fenske of Hart Crowser, Inc. Parametrix, Inc., 1991. Progress, Report for Site Hazard Assessment at Chevron Tank Farm in Bremerton, W A. June 7, 1991. 4pp. and Attachments. Washington Department of Ecology, Not Dated. Chevron Tank Farm - Bremerton. Draft Scope _ ______'. _ __ _ _ _ ___of W_QI~._ _ __m________ Chevron Tank Farm SHA 19 Final. July 1991 ATTACHMENT - 6 17 .. .. HNrrCROWSER Hart Crowser, Inc. 1910 Fairview Avenue East Seattle, Washington 98102-3699 FAX 206.328.5581 206.324.9530 Earth and Environmental Technologies Phase I-Remediation Services Bremerton Bulk Plant Bremerton, Washington u n ..npiepaiedlor.... Chevron U. S.A., Inc. May 15, 1989 J-~365-0 1 Hart Crowser J-2365-01 water from MW-l1 was predominantly fresh water with little or no salt water influence. This is consistent with a groundwater flow direction from the site toward the Port of Washington Narrows. GROUNDWATER AND FREE PHASE HYDROCARBON LEVEL MEASUREMENTS - TASK 1.2 Measurements Taken Groundwater and free phase hydrocarbon level measurements were made in all wells available on March 30, 1989. We observed that six out of nine wells had measurable free phase hydrocarbons. We then bailed off the hydrocarbons from four of the wells (MW-4, MW-6, MW-7, and MW-8) and measured groundwater levels and free phase hydrocarbon thicknesses again on April 4, 1989. .r-' Our measurements are presented in Table 1. For comparison purposes, we have also included in . -"Tabl-e nl"ntne --i;rrounawa:ter revel'Haria-prOduct;-- thickness measurements from the previous study in september and October 1988. . Table 1 - Water Levels and Free Phase Hydrocarbon Thickness Date 9/88. 10/88 3/29, 3/30/89 4/4/89 CGeoEngineers) Product Water Product Product Water Product Product Water Product We II Level ill.tl Thickness Level Level Thiclcness Level Level Thiclcness M\I-4 9.64 10.99 1.35 8.81 12.76 3.95 ' 8.54 12.56 4.02 M\I-5 10.05 8.56 8.22 MW-6 11.08 8.47 12.76 4.29 8.40 12.21 3.81 MW-7 9.93 7.83 8.36 0.53 7.33 7.64 0.31 MW-8 7.16 7.18 0.02 7.54 8.28 0.74 12.63 13.33 0.70 M\I.9 9.88 6.93 8.34 1.41 7.24 8.74 1.50 MW'10 9.37 6.54 6.51 MW.11 8.45 6.03 6.47 M\I-12 17.62 14.91 15.10 0.19 i 4.71 14.97 0.26 All measurements in feet; product level and water level measured as depth below top of casing. Page 4 Hart Crowser J-2365-01 Table 2 - Results of Chemical Analyses of Soils Concentrations in ppm Sample Depth Fuel Hydrocarbons TPH Number . in Feet Gasoline Diesel (418.1) TP-B S-2 2 to 4 58 NO 5-4 6 to 8 17,000 NO TP-9 5-2 2 to 4 760 5,800 5-4 6 to 8 25,000 NO TP-10 5-2 2 to 4 30 NO 5-4 6 to 8& 400 NO TP-11 5-2 2 to 4 NO NO 5-4 6 to 8 330 1,100 TP-12 5-2 2 to 4 NO NO 5-4 6 to 8 NO 210 TP-13 5-2 2 to 4 700 S-4 6 to 8 757 NO TP-14 5-2 2 to 4 NO NO S-5 S' to 10 NO NO TP-15 S-3 4 to 6 1,900 _ _______u___ . ----------~-_._-- S_~4____ __.. 6 to 8 30 TP-16 S-2 --,-2--to 4 --------- -- -- ---"--"-- -----.--_.- HI, -300 ------- -..-. S-4 6 to ,8 3 NO = not detected in sample Soil hydrocarbon concentration results summarized. Soil hydrocarbon concentrations are summarized on Figure 5 for soils within 6 feet of the ground surface and on Fiqure 6 for deeper soils. Also included on these figures are the results of chemical analyses performed in the p~evious study. Soil hydrocarbon concentration - upper yard. Soil hydrocarbon concentrations in the upper yard area appears to be: predominantly diesel fuel; generally restricted to a relatively small area around TP-l; less than 2,000 ppm concentration; and highest in the upper 6 feet of soil. soil hydrocarbon concentration - lower yard. Soil hydrocarbon concentration in the lower yard can be considered in two separate zones: shallow soils less than 6 feet deep, and deeper Page 8 Site and Exploration Plan : iPort Washington Narrows Shoreline SMW-8 9-3$ ~TP-8 MW-5S MW-8 $ \~TP-ll ~ -!\rTP-T \ ---.~ G.I~ ~TP-10 SMW-4 Lower Yard i ~concrete Wali. ~TP-13 *TP-3 Former Fuel Tank Aria (Upper Yard) .TP-4 I r f ! " ---1 Highland AVlnue TP-11 ~ Tesl Pit Location and Number (Current Study) M W -1$ Monitoring Wen Location and Number (Previous Study) 9-le Boring Location and Number (Previous Study) MW-9S SMW-l0 .TP-8 -$-TP-5 SMW-ll IP-1 ~ ~ . .. TP-l -$- 1;est Pit Location and Number (PrevIous Study) A A' i U Geologic Cross Section Localion and Dlsignatlon ~ o 40 80 - Scale In Feet .. .. HIJR1CROWSER J-Z:I..-O' 4/59 FIgure Z Free Phase Hydrocarbon Thickness Measurement~ April 4, 1989 Port Wa.hlngton Narrow. hordn. ~ I 9V 9~# SO - -93.8# S 4.0 90.3# ! i f WOod Bulkhead Wall Highland Avenue o 40 80 - Scal. In Feet 1.5 9 MonllomO We' Locallon Free Ph... Hydrocerbon Thickness In Fe.t Measured In wen tldleate. We' Not Pr8'lloully Reported # 10 Contain Fre. Pha.. Hydrocarbon .. .. 114n,0.-..- J-Z3...01 ../.. FI".,. .. ATTACHMENT - 7 , r.:'Y .r r- ). / .' I::.'" 10-.., t~ b< It ,. . r . L' .r I I~: C Jd'____ __ f-:. r-:.' t.':c" h;' j..: nr; I' ~ . " j' . .,.' f-: ~~! [I, , I !" t I- I \ ." '. \. ' ". REPORT OF GEOTECHNICAL SERVICES SUBSURFACE CONTAMINATION STUDY CHEVRON BULK FUEL TERMINAL BREME:RXON, WASHINGTON FOR CHEVRON, U.S.A. FILE NO. 0372-34-4 '\ " r" t ~ '~1 ~ '" f' ~I l' ~ ',.';J kJi::1 Jr "J ~! 'f j ,., , .1 rij l!~ r. ~:j 1.',: . 1 >'.; ""..... . C ' .1',) " :t:. . \ ~~. , ~i: .,'It.,. .,\..:.. '~.", ~~1' '~ ~ tr~':., ~. .i ::: .1 '1:, ~ . J?; \.(~,: (\:j' ~.~, i1::. '"j ~", ' ;o;~..' 1;:'.1 :~. . ;'.. .; (...1 . (' , I . it. :f;,~ i;,' I i., , {,~,~, ~;: \: ~);I I,', :i ., t . .--:--=-~~._... . :\[---' I .:' ~. ~:~._"~..' -f-:--7'"-.... '---:-=--=:::::-i-- ~. , '" -~ '. - -. kt:B~~:~~;-.~ . -,- i "-w .. . . 'j . --, :. . ('. I ",.' .,. .~ Benzene (g:b) Ethyl- benzene -(Q:b) 2 II' \\~ i 'lbtal m Xylenes tA (rPJ) 'maLE 1 StMo1J\RY OF SOIL ~mCAL OiEMImRY IlNl1\ Diesel Gasoline #1 , #2 r.ocation (PI:m) (mn) .!mill B-3 66 <10 <10 M+-4 630 <10 100 Mt-5 4,300 17,000 i <10 Kf-6 230 71 <10 Mi-7 <1 <10 <10 M-l-8 900 <10 200 U\ M-l-9 <1 <10 <10 Mt-l0 <1 <10 <10 Mt-ll 3 <10 , 480 L~12 220 <10 ( ~o_) ''f.~,,'"'''' ,. '. "'-. ...-- ~l 250 <10 1,400 TP-2 31 <10 74 , TP-3 81 <10 250 TP-4 <1 <10 <10 TP-5 <1 <10 <10 " ~;~f,l1P-6 4 <10 62 TP-7 280 <10 47 'Ibluene (IP:l) <10 15,000 3,100 12,400 3,400 9,400 2,600 6,800 <10 6,700 2,300 10,500 <10 27 66 <10 <10 39,000 110"QQO 37,000 <10 <10 <10 29 <10 <10 <10 <10 <10 <10 <10 <10 <10 <10 <10 520 <10 <10 169 15 <10 <10 201 15 <10 <10 aa 6aO <1 <1 <1 <1 <1 <1 <1 <1 <10 <10 <10 41 <10 6,100 2,400 2,300 ~I.. " I I. ':. ~;\. ";~;:'~.:::!i.~':.- ~r '-. ~~- - .-.~ :~~1-t .,._~ ~-_..T--~'_ Qmr'~~:~.~.\.: '~~'E . " ,'":0. if! '. :.:-. 'mBLE 2 . , r:~'; } ~.~. \ ~ t.... .' J:.' f ..1 " , . ~y OF ~ WATER ANALYTICAL OfEMIS'lRY ~ ~i'1' ft' ;( .; 'lbtal Petroleum Hydrocarbons Benzene 'lbluene Ethylbenzene IDeation ():lI:ID ) (R:b) (R:b) (J:dJ) 1+1-4 a. <100 <100 3,600 Mi-5 46.4 1,900 360 290 r+l-6 36.7 2,000 1,500 150 I Mi-7 76.7 <1 <1 62 Mi-8 1,742 3,900 19,000 2,900 Kt-9 . 38.9 6,100 11,000 1,400 Kt-10 150 <1 <1 : 350 1+1-11 <10 <1 <1 <~ Mt-12 <10 <1 <1 ~,\) N:>tes,: a. Sanple contained 75\ naptha .~'~.. ' ~l'. .~. ,.J. , (~ I..... '. I :,i:: ~, ~/.. . ~~'... ,.cA.... 't~.::~ I" 'i(~ , . \. .1,,"." ~i' . 'r~'l' .... .' ;:1 " " 1 ~',',' , ~.. " ~~:.~:~; . "', 6.. ~. ::i=:. ;~ :-..: Q\ " a ' " ~s ~.* :r" " "t(.. ~~::"j; ~ ..., :~~:.~ .1f i- folll ,: ,1' ;,' ~L'rl !~"-;i t~'r.:'~ l,: > '-"'" I". ~ . " , I:A J J 'lbta1 Xylenes iJ;d)) 23,000 1,900 4,300 21 18,000 9,800 110 <1 <1 .~ ., 2 ({t ~ 'e' ~ '. , ;>~ I~: r [ f 1 j ,I 1 L [ r :.< I L 'I I f j r ]L ,] t , 1- "1 '~ - r-Q , l~ z. <::) ;-1 _ -.:.~. ' ~l:. ..~ ~__'ii ~ , ~ _. ..f "J- "10- , . - ~ ,t'\ . :'J~ ':'\ . :) '1 j ...----- " ------........... . 1<, '1 )~ 1( MW-7 I Lft-:- S....1l q'~ · J,...,. "Pk>wI u)/ 1/ . (90.80~,{, IS- ~ . / I MW-12 ~ "f!''f J~,@ Ift(O / / (91.26).'?" MW-20 // Former Fuel Tank( Area (Upper Yardj I ~ ,/ ~ \~. ;: T!k:~ ' --'-, :~" .. '""' '" "e..., ,~;. ~f.,~ ~.." Port Wa.thngton Narrows - \0.....0-> IO)/rl':. MW-5.~ ~ .MW~ - a' (89.82) 0 (89.86) 4. ! ~ .' Terminal Area (Lower Yard) TP-~ .D I /TP-~ { I I ~'.. ~ , \ , ('S. i i);;~/3- ~. I 1\ , . . ..-... ~" 1 1 TP-~ TP-6-$- ~ MW-10. ,- ~. (90.41). D /(90. / '0 ?-::'" // -~~t.Lt~/' ~ ~... ... 1-'/ MW-11. ,.- (91.27) D 1P-~ -- II Highland AVenJe REFERENCE: DRAWING ENTITLED "GROUND PLAN", DATED 10/16/70 REVISED, BY STANDARD OIL COMPANY OF CALIFORNIA. . --..----.' -........... -...------ tt :1 ~_..:..=- ~ --- I ; I ,I -... .,. ,. a? "J~ "" Geo _Engineers , ~ , , _: ~N , ! o I 40 I 80 I SCALE IN FEET , I EXPLANATION: B-1~ BORING LOCATION . AND NUMBER MW-4. MONITOR WELL LOCATION AND NUMBER TP-1~'BACKHOE PIT LOCATION AND NUMBER (89.92) RELATIVE GROUND WATER ELEVATION ON 10/12/88 o GROUND WATER FLOW DIRECTION MW-10 MONITOR WELL INSTALLED uULY, 1976 BY GEOENGINEERS /'1 WATER TABLE ELEVATioN CONTOURS BASED ON 10/12/88 MEASUREMENTS 70 ~.fIN... v..e II Le 4GJ - 3,li ~r'Ocl~~ I .-. j I I I J : !' j srre PLAN FIGURE 2