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Signed Contracts_Underground Storage Tanks at Former Public Works FacilityTHE CITY OF Masterpiece on the Mississippi Dubuque E 1 '� i 2007 TO: Michael C. Van Milligen, City Manager FROM: Don Vogt, Public Works Director10 SUBJECT: USTs at Former Public Works Facility DATE: September 10, 2010 INTRODUCTION The purposes of this memorandum are to provide information and recommend a course of action regarding the closure of the underground fuel storage tanks (USTs) at the former Public Works facility at 925 Kerper Boulevard. BACKGROUND Our department moved out of the facility five years ago. We subsequently obtained a permit from the IDNR to classify our old vehicle refueling system as inactive and emptied the tanks. The permit was due to expire later this year and cannot be renewed or extended. As a result, the system had to be brought up to full operating condition or removed. If overhauled and brought on line, it had to be used regularly. Last November, you approved proceeding with removing the system. $28,000 had been previously budgeted for this purpose for FY10. Bid proposals were solicited from all of the IDNR- certified underground fuel storage tank (UST) contractors in eastern Iowa. However, only three bid proposals were subsequently received in December. They were: Central Petroleum Equipment $45,192.64 ILLOWA Enterprises $24,960.00 Seneca Environmental Services $13,670.95 The low bidder, Seneca, is widely recognized as a very reputable service provider and had previously installed the vehicle refueling system at the Municipal Services Center in 2005. In early January, you approved the recommended award of the project contract to Seneca. Upon receipt of your approval, I then. contacted City Attorney Barry Lindahl regarding whether Jane McAllister should be consulted concerning the project. I had not contacted either earlier, since the vehicle refueling system site had previously been extensively excavated in 1988 when the original fueling system was removed and the current system installed. Also, the underground tanks are beyond the Mid - American Energy coal tar remediation project's boundary and our third, closer tank was removed in the 1990's by conventional means without problem. Service People Integrity Responsibility Innovation Teamwork Public Works Department 925 Kerper Court Dubuque, Iowa 52001 -2405 Office (563) 589 -4250 Fax (563) 589-4252 TTY (563) 5894193 publicworks @cityofdubuque.org www.cityofdubuque.org Barry subsequently deferred to Ms. McAllister's opinion. Ms. McAllister strongly recommended "closure in place ", an option I was not aware of at the time. Further research confirmed that closure in place is allowed by IDNR in circumstances similar to ours. I then asked Seneca Environmental Services for a new service proposal. While substantially higher than its original proposal, the $23,290 price tag was still lower than the proposals received from the other interested firms in December. The new proposal's cost was also still well within the project's FY10 budget allocation of $28,000. You approved the new service agreement on February 22 and the work was performed and completed over the ensuing months. DISCUSSION However, the requisite groundwater tests associated with a closure -in -place project subsequently revealed "motor /waste oil slightly in excess of the Tier 1 IDNR target level ". Seneca noted that "this contamination may not be indicative of a release from the existing UST system, but is a residual contamination from previously reported environmental incidents ". However, IDNR sent me a letter (attached) dated August 6 ordering Tier 1 testing at the site. After further consultation with you, Barry and Ms. McAllister regarding our somewhat limited options, it was decided to defer to the opinion of the USEPA's Diana Engeman. That opinion (attached) was received this week. ACTION STEP Given the above information, I recommend that the attached change order dated August 25 from Seneca be accepted and approved. I further recommend that the $2,930.00 total project expense overage be charged to the vehicle maintenance activity's property maintenance line code (81054600- 62431). CC: Barry A. Lindahl, City Attorney Jenny Larson, Budget Director Attachments Fields of Opportunities CHESTER J. CULVER, GOVERNOR PATTY JUDGE, LT. GOVERNOR STATE OF IOWA DEPARTMENT OF NATURAL RESOURCES RICHARD A. LEOPOLD, DIRECTOR August 6, 2010 CERTIFIED MAIL Don Vogt Public Works Director City of Dubuque 925 Kerper Blvd Dubuque, IA 52001 SUBJECT: Dubuque Operations and Maintenance located at .925 Kerper Blvd, Dubuque, IA Registration No. 198607134 LUST No. 9LT069 Dear Mr. Vogt: Recceiv c g - 9 - la 1 PM The Department of Natural Resources (DNR) was informed on July 7, 2010 that petroleum contamination above action limits established by this department was found during tank removal closure sampling at the above - referenced site. As a result of the contamination, the DNR under Subrule 135.9 of the Iowa Administrative Code (IAC) is requiring that you take the following actions: 1 Within 30 calendar days after receipt of this letter, submit in writing the name of the certified groundwater professional you have retained for this project and your intent to follow the schedule contained in this letter. A list of certified groundwater professionals is attached. We strongly suggest selecting a certified groundwater professional who can commit to the schedule for report submittal. 2. Within 90 calendar days after receipt of this letter, submit the Tier 1 Report. Guidance for the report has been provided to certified groundwater professionals. Incomplete Tier 1 Reports and Tier 1 Reports not submitted in the format required by the guidance will be rejected. Contact the department (515- 281 -6010) if you want a copy of the guidance documents. Please be. aware .:that .Chapter- 1,34 of .the IAC requiies.a person who provides st bsurfa;e soil contamination and groundwater consulting services or who contracts to perform or supervise remediation or corrective action services at leaking underground storage tank sites be a certified groundwater professional. Ensure that the consultant and /or contractor you select is certified as a groundwater professional by the department. Upon receipt of the Tier 1 Report, the department may either conduct a cursory review of the report for completeness relying on the groundwater professional for accuracy and compliance with the department's rules, or conduct a more thorough review to determine whether the report is complete, accurate, and in compliance with the department's rules. If the department does not send you a response Within 60 days, the report will be considered accepted for the purposes of completeness. If the Tier 1 Report proposes a no action required site classification, the 60 -day limitation does not apply. In those cases, the department will conduct a thorough review of the report for completeness, accuracy, and compliance with the department's rules to determine whether the data and information support the site classification. WALLACE STATE OFFICE BUILDING / 502 EAST 9th STREET / DES MOINES, IOWA 50319 -0034 515 - 281 -5918 TDD 515 -242 -5967 FAX 515 - 281 -6794 www.iowadnr.gov LUST No. 9LT069 August 6, 2010 Page 2 of 2 If you are unable to meet the Tier 1 Report submittal schedule, notify the department in writing as quickly as possible. Provide a detailed reason for the delay and a firm date by which the report will be submitted. If you elect to prepare a Tier 2 Site Cleanup Report (SCR) instead of a Tier 1 Report, the department must be notified in writing prior to the expiration of the Tier 1 Report submittal deadline. The Tier 2 SCR must be submitted within 180 calendar days after receipt of this letter. Your groundwater professional can assist you in determining whether a Tier 2 assessment is necessary. In all correspondence regarding this project, please include the LUST number, which is indicated in the Subject heading of this letter. You may contact me at 515- 242 -6490 if you have any questions or if I may be of further assistance. Sincerely, acA, Karl ie A. Darnell ENVIRONMENTAL SPECIALIST UNDERGROUND STORAGE TANK SECTION Attachment: Certified Groundwater Professional List cc: Field Office 1 PMMIC Seneca Environmental Services — Neil DeRynck — 7241 Gaines St Court, Davenport, IA 52806 A ti siiira a yF4' PROZe Don Vogt Public Works Director City of Dubuque 925 Kerper Boulevard Dubuque, Iowa 52001 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 7 901 NORTH 5TH STREET KANSAS CITY, KANSAS 66101 SEP 0 2 2010 RE: Closure of the Underground Storage Tanks at the Location of the Peoples Natural Gas Superfund Site in Dubuque, Iowa Dear Mr. Vogt: I am responding to your email dated August 26, 2010, regarding the plans from your consultant, Seneca Companies, to conduct a Tier 1 Risk -Based Corrective Action assessment on a portion of the property also known as the Peoples Natural Gas Superfund site. As we discussed on the telephone on August 30, 2010, I do not have a problem with the city proceeding with this work, which the Iowa Department of Natural Resources has determined to be necessary for the closure of your underground storage tanks. Since this work is taking place in the midst of a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) site (more commonly called a "Superfund" site) the workers conducting the assessment should have completed the 40 -hour health and safety training required for workers at Superfund sites. If there are wastes generated during the assessment, any off -site waste disposal must comply with the CERCLA Off -Site Rule. I noticed in bullet three of the Change Order submitted to you by Seneca that they plan to install a downgradient monitoring well based on locations determined from work conducted at the site in 1994. Information to determine groundwater flow direction is gathered twice a year for the Peoples Natural Gas site and is reported in reports for that site annually. Due to changes in pumping of high volume wells in the vicinity of the site the groundwater flow direction has changed significantly since what was reported in 1994. Your consultant should review this more recent information before determining appropriate monitoring well locations. They may contact me to receive the most up -to -date information. I would be very interested in receiving any information you gather during this assessment. It could be beneficial to the on -going work related to the Peoples Natural Gas site. Should you have any questions regarding this issue you may contact me at 913 -551 -7746 or by email at engeman.diana@epa.gov. Enclosure Sincerely, cc: Barry Lindahl, Esq., City of Dubuque Jane McAllister, Esq., Milers & Cooney, P.C. Dan Cook, IDNR Kevin Dodson, MidAmerican Energy Company Kevin Armstrong, MWH Diana L. - ge Remedial Projec a ..I ager Iowa/Nebraska Remedial Branch Superfund Division C11-4 Seneca , Companies T h e C o m p l e t e S o l u t i o n August 25, 2010 Mr. Don Vogt City of Dubuque City Hall — 1 Floor Dubuque, IA 52001 Re: Change Order #6356902C0 RBCA Tier 1 Assessment Old City of Dubuque Garage 925 Kerper B1yQ, Dubuque, IA Reg. # 198607134; LUST #8LTZ91 Dear Don, BRANCH ADDRESS 7241 Gaines Street Court Davenport, IA 52806 Phone: 563 -332- 8000 Toll -Free: 800 -728 -6900 Fax: 563- 332 -9465 Seneca E nvironmental Services (SES) submits this change order to conduct the work necessary to comply with Iowa Department of Natural Resources requirements for completion of a Tier •1 Risk -Based Corrective Action assessment for the referenced property. Based on a review of available information, Seneca proposes the following: • Complete one boring near the location of the filled tanks, deep enough to reach into native soil unless screening results indicate a greater depth is necessary. Convert the boring, extended a minimum of 10 feet below the first encountered groundwater or to the bottom of soil contamination as estimated by field screening, into a monitoring well; • Complete one soil boring near the locations of the former pump island and convert it into a monitoring well extended a minimum of 10 feet below the first encountered groundwater or to the bottom of soil contamination as estimated by field screening; • Install a groundwater monitoring well within 30 feet downgradient (which according to an assessment conducted by others in 1994 is to the south/southwest) of the s __ ource of the contamination (the existing monitoring well sampled for the tank fill -in -place closure); • Sample soil continuously from all three monitoring well borings; • Screen each recovered length of sample using a photo ionization detector (PID); • Collect and preserve a soil sample from the monitoring well borings at the depth interval with the highest PM screening value; • Collect a groundwater sample from each of the three newly installed monitoring wells; • Analyze a total of 3 soil samples for OA1/MTBE and 0A2; • . Analyze a total of 3 groundwater samples for 0A1/MTBE and 0A2; • Complete three hydraulic conductivity tests; Other Branch Locations Des Moines, IA Corporate Office • Denver, CO • Oreana, IL • Baldwyn, MS • Grandview, MO • Sioux City, IA www.senecacompanies.com Petroleum Equipment • Petroleum Construction • Petroleum Service • Automotive Service Equipment • Industrial Fluid Power & Handling Systems • Electrical Contracting • Environmental Services • Remediation Systems • Waste Solutions /Hydro- Blasting Item Units Quantity Rate Cost Utility Notification Per event 1 $100.00 $100.00 Drill Rig Mobilization Per event 1 $500.00 $550.00 SES Mobilization Mile/ Hours 280/4 $0.75 /mi. $55.00/ hr. $430.00 Monitoring well w/ soil sample: (OA1/MTBE /0A2) Well 3 $1,450.00 $4,350.00 Groundwater sample: (OA1,0A2, MTBE) Sample 3 $210.00 $630.00 Hydraulic Conductivity Testing Test 3 $110.00 $330.00 Tier 1 Report Report 1 $1,250.00 $1,250.00 Total $6960.00 Sales Tax @ 7% $ NA Total $7640.00 • Complete a RBCA Tier 1 report. This change order does not include any testing, special handling or disposal of any soil or other materials. Soil cuttings could be drummed if necessary for $60.00 per drum. For 3- 15 feet deep wells, estimate 8 to 9 drums. This change order does not include personnel protective equipment if required above Level D. Please review this change order and contact me at 563- 332 -8000 or at nderynck@senecaco.com should you have any questions. If this proposal is acceptable, please sign the enclosed contract and return it to our office. We will countersign the change order and return a copy to you for your records. We appreciate this opportunity to provide this proposal and budget and we look forward to working with you on this project. Sincerely, SENECA ENVIRONMENTAL SERVICES Enc.: Change Order COST ESTIMATE 2 Date: August 25, 2010 Company: Seneca Environ. Service Project Proposal No: 6356902C0 Project: Dubuque - Kerper 6356902 Reference Original Contract for Terms and Conditions. Item No: Job Scope or Description of Work (To furnish all labor, material, and equipment necessary to perform work as outlined below) Amount 1 Utility Notification Lump Sum $100.00 2 Drill Rig Mobilization Lump Sum $550.00 3 SES Mobilization Per event — estimate 2 events @ $215.00 $430.00 4 Monitoring Well with soil sample (OA1, 0A2, MTBE) 3 @ $1450.00 each $4350.00 5 Water sample (OA1, 0A2, MTBE) 3 @ $210.00 each $630.00 6 Hydraulic Conductivities 3@ $110.00 each $330.00 7 Tier 1 Report $1250.00 Total (No Tax): $7640.00 Seneca Representative Date Client Representative , r / /N.----._ Date 9 / i ? L 7 C Change Order / Service Authorization 3