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HomeMy WebLinkAbout5239Contract Number. Vendor Sub�ect Department. File Class Begin Date End Date: Review Date: Vault Date 5239 DEPARTMENT OF THE NAVY MOA Harborside Fountain Park Engineering LEG 12-1 5/6/2013 5/6/2019 Comments MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMENT OF the NAVY AND CITY OF BREMERTON Ref (a) Declaration of the Record of Decision dtd 29 Apr 2005 (b) Quitclaim Deeds dtd 09 Feb 2006, 09 Aug 2006 and 17 May 2007 Encl: (1) Insp,ection Checklist BACKGROUND r Whereas, Operable Unit (OU D), hereinafter referred to as` the "Property", was part of the Bremerton Naval Complex (BNC), a facility listed on the National Priorities List (NPL) under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA); Whereas, Property soil was found to contain chemical contaminants above levels allowed by Washington State regulations, but not considered a principal threat waste as defined by U S. Environmental Protection Agency, hereinafter "EPA", as the contaminant levels were not found to pose an unacceptable risk to construction workers or park users, Whereas, the Department of the Navy, hereinafter the "Navy", and EPA selected a remedial action for the Property that was documented in the Declaration of the Record of Decision (ROD), reference (a), that included installation of an impermeable and semi-permeable cap on the Property that was designed to prevent contaminant migration from soil (and groundwater) into the ad�acent marine environment of Sinclair Inlet, groundwater monitoring, shoreline protection and institutional controls, Whereas the Navy began implementation of the ROD in June 2005 and with completion in December 2006; Whereas, the Property consisted of four Parcels, A-D which were transferred by quitclaim deeds, reference (a) to the City of Bremerton, hereinafter the "City", as follows � 1. Parcels "A" and "B" on February 9, 2006, 2. Parcel "D" on August 9, 2006; and N68742-20100913-0058 3. Parcel "C" on May 17, 2007, Whereas the quitclaim deeds, reference (b), to the Property included inter alia a provision limiting the City from the following, except as otherwise provided for in the Restrictive Covenant: 1. Using the Property for other than recreational purposes, 2 Taking or using groundwater for a purpose except monitoring, 3. Engaging in any activity on the Property that may result in a release or exposure to the environment of the contaminated soil that was contained as � part of the remedial action for the Property or create a new exposure pathway, Whereas the City may engage in activities on the Property that may interfere with the remedial action, operation and maintenance, or monitoring, provided that the City obtains the prior wrltten approval of the EPA Region 10 and Washington Department of Ecology (WDOE) sixty (60) days prior to execution of work and provides a copy of the written approvals within thirty (30) days of receipt to the Navy, per reference (b); Whereas, in conducting construction activities on the Property, the City is required to comply with certain requirements set forth in Exhibit D of the quitclaim deeds, reference (b); Whereas the City has developed the Property as the Bremerton Harborside Fountain Park, the Puget Sound Navy Museum and Puget Sound Naval Shipyard (PSNS) Memorial Plaza; Whereas, the Parties desire through this Memorandum of Agreement to formally set forth their roles and responsibilities in order to provide timely and accurate exchanges of lnformation that will serve to facilitate the provisions of the quitclaim deeds, reference (b), and promote the protectiveness of the remedy; NOW THEREFORE the Parties agree as follows. I ROLES AND RESPONSIBILITIES• 2 N68742-20100913-0058 1. The City of Bremerton shall: a Annually review their pro�ect records for the Property and inspect the Property to document site conditions and conformance to ' institutional controls using the checklist contained in enclosure (1), b. Provide the annual executed checklist to the Navy no later than the 15 of May of each calendar Year; c Provide a copy of any EPA or WDOE approval to conduct construction activities on the Property to the Navy within thirty (30) days of receiving approval as required by reference (b) 2 The Department of Navy shall a Use the annual checklist provided by the City pursuant to paragraph 1(a) above, to support reporting requirements under CERCLA as set forth in the ROD (reference (a)) and in preparation of Five Year Reviews required under CERCLA. II PROJECT MANAGERS The Navy and the City shall each designate a project manager as the single point of contact for coordinating all activities under this Memorandum of Agreement. Until otherwise changed by written notice to the other Parties, the following individuals are designated as the pro�ect managers: For the Navy For the City: Remedial Pro�ect Manager Director Parks & Recreation 1101 Tautog Circle City of Bremerton, Washington Silverdale, WA 98315 680 Lebo Boulevard (360) 315-2804 Bremerton WA 98310 (360) 473-5752 III TERMINATION, DURATION, MODIFICATION, REVIEW 1. Any Party to this Memorandum of Agreement may propose termination by providing a ninety (90) day written notice to the other parties and EPA Region 10. 3 N68742-20100913-0058 2. Except as provided above, this Memorandum of Agreement ehall remain in effect for a period not to exceed six (6) years. Al2 parties shall conduct a review of thie Memorandum of Agreement every three (3) yeare to evaluate ite effectiveness and determine any need for modification of the terms, including attachments. At the conclusion of the six (6) year period, the partiea may negotiate and reissue a new Memorandum of Agreement. Any modificatione to the terme of the Memorandum of Agreement will be in writing and mutually agreed to by all the Parties. 3. This Memorandum of Agreement becomes effective upon eignature by all parties. IV . SIC3NATORIFS : TH� CITY 08 8Rffi�RTON � � DATL : / �T .3 Patty L Mayor, ty of Bremerton T88 DEPART�NT 08 NAVY M. DAWSON, Captain, USN ,ding Of f icer Baee Kitsap DATB : � 2 � � � np,T$ : `� r� fl:\Legal\Legal\Filee\Curreat Active Files\Harboreide Pask City-Navy A�U\I�U-2013.docx M. K. RICH Rear Admiral, U.S. Navy Commander, Navy Region Northwest 4 DATE: V � N68742-20100913-0058 DAVID R. 3LU3HER Comptroller Commander, Navy Region Northweat Enclosure (1) HARBORSIDE FOUNTAIN PARK INSTITUTIONAL CONTROLS ANNUAL REPORT Backqround The purpose of this annual report is to document on-going compliance with deed restrictions associated with properties conveyed to the City by the US Navy for the Harborside Fountain Park This report shall be submitted to the Navy's Pro�ect Manager no later than Mav 15 of each calendar year in compliance with the Memorandum of Agreement dated <DATE> Use restrictions are defined in the three Quitclaim Deeds used to transfer the property to the City, which read as follows 1 Except as otherwise provided for in this Restrictive Covenant the Owner shall not a Use the Property for any uses other than recreational Recreational use is defined as walking, viewing, nature watching, playing, entertainment, festivals, markets, concerts, museum and park food services social activities museum use and related activities, movies, picnicking, exercising, relaxing and all other activities reasonably associated with park, museum, and public open space b Take or use groundwater for any purpose except monitoring c Engage �in any activity on the Property that may result in the release or exposure to the environment of the contaminated soil that was contained as part of the Remedial Action for OU-D, or create a new exposure pathway Some examples of activities that are prohibited in the capped areas include drilling, digging, place any ob�ects or use of any equipment which deforms or stresses the surface beyond its load bearing capacity, piercing the surface with a rod, spike or similar item, bulldozing or earthwork 2 Nofinrithstanding any other provision of this Restrictive Covenant, Owner may engage in activities on the Property that may interFere with the Remedial Action, operation and maintenance, or monitonng provided that it obtains the prior wntten approval of the EPA Region X and WDOE 60-days prior to execution of the work Owner shall provide Navy with a copy of the written approvals within 30-days of receipt 3 In conductmg construction activities on the properiy the owner shall comply with requirements set forth in Exhibit "D" as described on the last page of this enclosure For emergency response requiring immediate action the City, the Navy and EPA have agreed the City may take such action it deems necessary, and will notify all points of contact listed below within 10-days of the emerqent condition The parties have further agreed the City may perForm routine planting and irrigation maintenance with ground disturbance less than 18-inches in diameter and 18-inches in depth without advance written approval or notice Page 1 of 1 Enclosure 1 Points of Contact For the Navy Remedial Pro�ect Manager 1101 Tautog Circle Silverdale, WA 98315 (360) 315-2804 ANNUAL REPORT Date of last annual report Date of this annual report For the EPA Remedial Pro�ect Manager 1200 Sixth Avenue Seattle, WA 98101 (206) 553-6635 Name and Title of person completing the report Contact information for person completing the report Address Telephone E-mail ONTROL OF THE PROPER For WDOE Site Manager PO Box 47600 Olympia, WA 98504 (360) 407-6161 Confirm that no conveyance of interest (sale, lease, easement, etc ,) of any part of the property to another entity has occurred, or is anticipated to occur No conveyance of interest has, or is anticipated to occur The City intends or anticipates it may convey interest in the property _ If yes, did conveyance documents restrict property uses and activities consistent with Restrictive Covenant� If mterest �n the property may be conveyed, provide a statement describing the proposed conveyance (use attachments as needed) Has usage of the site (from a park) changed in any manner, or is any change in usage of any part of the site anticipated� Yes No � If yes, provide a statement identifying the proposed or existing change in site usage (use attachments as needed) Page 2 of 2 Enclosure 1 UTURE ACTIVITIES�'PLANNED' FOR THE SI�' Is any construction (beyond routine fountain maintenance, tree/plant replacement or irrigation system maintenance within existing planting areas) proposed to occur at Harborside Fountain Park within the next 5-years� Yes No If yes, will the construction activity include excavation, or other work that could penetrate the park's surface or use groundwater or place a load on the park's surface that could deform or otherwise compromise the cap� Yes No If yes, provide a statement of scope and schedule to initiate coordination with the Department of the Navy, EPA, and WDOE (use attachments as needed) CTIVITIES PERFORMED>SINCE �AST ANNUAL'REPOR � Did any issue occur on the site during the last reporting period that required emergency excavation, groundwater use, or other work that could have penetrated or deformed the cap� Yes No If yes, describe the issue, and confirm the EPA, Navy and WDOE were notified within 10-days of emergent condition Was groundwater used for any purpose during this reporting period? Yes No If yes, attach documentation of prior approvals obtained, and the purpose of usage Did any earthwork, excavation or drilling (including tree replacement, irrigation maintenance, or other operation and maintenance activities greater than 18-inches in diameter, or 18-inches deep) occur during this reporting period� Page 3 of 3 Enclosure 1 Yes No If yes, attach documentation of prior approvals obtained, and confirm the work was completed following the attached Construction Requirements (Exhibit D from the Quitclaim Deeds) that describes procedures to be followed to prevent release of contaminated soils or groundwater to the environment, and confirm that no soils were removed from the park site Did any work occur at the site that may have deformed the cap due to excessive loads� Yes No If yes, attach documentation of prior approvals obtained and attach photographs and outline procedures and communication that occurred to ensure the work was coordinated with the Navy, WDOE, and/or the EPA EPORT tON� CONDITION� OF EXISTING UTILITIES ON THE SIT Have any issues been identified on any storm drain lines crossing the site since the last inspection� Yes No If yes, describe the issues and proposed actions to be taken by the City to address the issues Have any issues been identified on any water lines (fountain water piping or irrigation piping), including changes in typical water usage since the last inspection� Yes No If yes, describe the issues and proposed actions to be taken by the City to address the issues Page 4 of 4 Enclosure 1 EXHIBIT D FROM QUITCLAIM DEEDS (AF No 's 200710110379, 200608110319, & 200603080009) CONSTRUCTION REQUIREMENTS 1) Native soil (soil not imported and located under the protective remedy) shall be managed such that it does not destroy the integrity of and or contaminate the protective remedy 2) The construction site shall be managed such that water (natural or anthropogenic) in contact with the native soil does not migrate off site or cause additional groundwater flow Dust should be suppressed, leachate collected and treated, and storm water runoff directed to prevent contact with the native soil If during construction water must come in contact with the native soil it should be collected and stored for analysis and treatment Specifically, water accumulating within an excavation should be collected and water should not be directed into a trench for containment and allowed to charge the surrounding soil (recharge the groundwater more than remedy naturally allows) 3) Imported soil shall be sampled to insure it is clean 4) Soil shall not be exported offsite except for disposal Soil to be disposed of shall be designated per the requirements set forth in Chapter 173-303, WAC Dangerous Waste Regulations Excavated soil to be reused onsite or designated for disposal should be stockpiled per the following requirements a Soil will be' accumulated as near to the excavation as practicable b An impervious sheet of plastic that has a minimum thickness of 10 mil will underlie the soil c A containment berm will be constructed around the stockpile using clean coarse aggregate or eco-blocks to the stockpile underlain impervious layer The berm will be constructed to prevent water from running under and prevent leachate from the stockpiled soil from discharging If the soil is moist enough that leachate has formed, a leachate collection system within the bottom layer of the soil must be placed between the stockpiled soil and the bottom impervious layer d The edges of the underlay plastic for the pile must be laid over the top of the berm and secured to prevent water from running under the soil stockpile e An impervious continuous sheet of plastic of minimum thickness of 10 mil will be placed over the stockpile and the outside of the berm to direct run-on away from the stockpile f The stockpile cover will be secured to ensure protection from wind g The stockpile will be covered and secured at all time except when adding or removing soil or taking samples h The stockpile covers will be inspected daily to ensure that the plastic is covering the stockpile and there is no run-on and run-off the stockpile R\Legal\Legal\Contracts\PARKSWIOU Navy and City for Park Properties - Checklist docx Page 5 of 5 Enclosure 1