A04_44024488_HONO_101-03_ESA_Phase_I_SOW.pdf

PHASE I ENVIRONMENTAL SITE ASSESSMENT

SCOPE OF WORK

HONOULIULI NATIONAL HISTORIC SITE

WAIPAHU, HI

TRACT 101-03

HONOLULU CO. TMK: (1) 9-2-001-019

21.25+/- ACRES

TECHNICAL FACTORS TO BE INCLUDED IN QUOTE:

All Proposals must include the Following:

1. Fixed Price: Base price and price for Optional Tasks 1 and 2.

2. Technical Factors: factual documentation of the firm’s ability to meet the specifications.

3. Prior Experience: factual documentation or narrative of a firm’s experience, qualifications, and capability, along with providing three examples of the firm’s most recent projects within the past five years of similar size and scope in the same state/territory as this project.

4. Environmental Professional: Clearly state personnel proposed to complete the work and how they meet the definition of Environmental Professional, including, but not limited to Relevant Experience [40 CFR § 312.10(b)]. Resumes must be included to support statement.

5. Insurance requirement: Professional liability coverage will be a minimum of $1,000,000;

provide insurance certificate as proof.

BACKGROUND

The USA, acting through the National Park Service (NPS) is contemplating acquisition of the parcel of vacant land listed above. In order to reduce liability under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) a Phase I Environmental Site Assessment (ESA) must be conducted prior to land acquisition by the USA. The NPS seeks a qualified Environmental Professional (EP or Consultant) to conduct an ESA consistent with requirements set forth under 40 CFR Part 312 (the All Appropriate Inquiry (AAI) standards), and requirements in the American Society for Testing and Materials (ASTM) E1527-21, and identify any Recognized Environmental Conditions (RECs), Controlled RECs (CRECs), Historical Recognized Environmental Conditions (HRECs), significant data gaps, and de minimis conditions.

The ESA will include an analysis of current and historical conditions at the site with respect to contaminants and potential for CERCLA liability. The goal of the ESA is to identify potential liabilities under CERCLA before the land transaction takes place so that costs can be incorporated into the land transaction and the individual park unit does not bear the brunt of the cost of CERCLA clean-up. The ESA must be conducted by a qualified EP as described under the AAI standard.

APPLICABLE STANDARDS

The ESA must be completed in accordance with policies and standards of the DOI Departmental Manual Part 602, Chapter 2 (602 DM 2) - Real Property Pre-Acquisition Environmental Site Assessments (2024) and ASTM Standard on Environmental Site Assessments for Commercial Real Estate ASTM E1527-21.

In addition, the EP must sign and include in the report the attached Declaration and Certifications Page.

SITE INFORMATION

The parcel is vacant land located at the southern end of Honouliuli National Historic Site. Exhibit “A” contains the legal description for the parcel. Exhibit “B” contains a map of the property location.

Access to the property is restricted and will require advance notice and coordination with the NPS and landowner. It is possible to drive to the site, escorted by NPS and landowner; however, access within the site is by foot travel only.

APPROACH

The Phase I ESA must be completed in accordance with the AAI standards and ASTM E1527-21. The following steps are required under those standards, and data collected must be incorporated into the report. The descriptions below are provided for illustrative purposes; the Phase I ESA must meet all requirements set forth in the AAI standards and ASTM E1527-21, regardless of whether they are expressly described herein.

Step 1: Environmental Professional Declaration

The Phase I ESA must be conducted by an Environmental Professional (EP). An EP is someone who meets the qualifications as defined in 40 CFR § 312.10(b) and as further described in Appendix X2 of ASTM E1527-21. The ESA report must contain language specifying that an EP has conducted the ESA (ASTM E1527-21 sec. 12.14) and must include the statements set forth in 40 CFR § 312.21(d).

Step 2: Interviews with past and current owners, operators, and occupants

Interviews must be attempted with past and present owners, operators, and occupants to learn about uses of the property (ASTM E1527-21 sec. 10). Interviews will also be attempted with State and Local Government Officials (ASTM E1527-21 sec. 11).

Step 3: Review historical records

Historical use of the property must be researched (ASTM E1527-21 sec. 8.3). This includes researching use of the property since the first structure appeared on the property. This may also include first uses of the property for agricultural, commercial, industrial, or governmental purposes. Reasonably ascertainable aerial photographs and topographic maps must be reviewed. Additionally, in areas with fire insurance maps and local street directories, these resources must be reviewed. Per ASTM, other standard historical resources should also be reviewed when reasonably ascertainable.

Step 4: Review Environmental Liens

A recent preliminary title report will be provided by the NPS after award. (The EP needs to identify whether they received land title records from the user and whether the user identified AULs or environmental liens.) The preliminary title report should be researched to identify any environmental https://www.doi.gov/document-library/departmental-manual/602-dm-2-real-property-pre-acquisition-environmental-site-0 clean-up liens or activity and use limitations (AULs) impacting the property (ASTM E1527-21 sec. 6.2).

Note that although the AAI standards and ASTM E1527-21 identify the search for recorded environmental cleanup liens and AULs as a user responsibility (40 C.F.R. § 312.22(a)(1), ASTM E1527- 21 sec. 6.2.3), it is within this scope of work and should be conducted by the EP.

Step 5: Review government records and data

A records and database review (EDR, ERIS, or similar) must be conducted to incorporate information from federal, state, tribal, and local sources (ASTM E1527-21 sec. 8.2). In addition to standard federal and state databases utilized in the past for Phase I ESAs, the AAI standard emphasizes researching local sources, fire records, public health records, and other local emergency records.

Step 6: Inspect subject and adjoining properties

An on-site visual inspection of the subject property must take place (ASTM E1527-21 sec. 9).

Observations must be made of adjoining properties from the subject property and public thoroughfares.

Inspections will include notes, photographs, and coordination with the key property managers, as well as take place at a time when observations are useful (e.g., avoid situations when weather conditions hinder observation and detection of hazardous materials).

During the visual inspection, visible evidence of RECs, CRECs, HRECs, and Environmental Issues of Concern must be noted and photographed. These include CERCLA hazardous substances, pollutants, and contaminants, petroleum products, and Drug Enforcement Administration (DEA) controlled substances.

Physical limitations to the visual inspection must also be noted. Locations of suspected contaminated areas must be noted in the reports and mapped or sketched in the drawings/layouts of the property.

The number of photographs of the subject property should be sufficient to adequately characterize the property and include significant features described in the report and RECs. All photographs and written descriptions of potential RECs and other significant points of interest must be date stamped or captioned and include GPS coordinates in decimal degrees format (e.g. -155.90400, 19.40300) and standard datum such as WGS 84 or NAD 83 (2011).

Aerial inspection of the subject property (including drones) is authorized by the NPS and acceptable per 40 CFR § 312.27 for those areas that are remote and inaccessible by vehicle or by foot, or when weather conditions (i.e. extreme heat) create a safety hazard. The subject property is heavily vegetated and aerial inspection alone is not acceptable. It is expected that efforts be made to visit as much of the site as possible on-foot, especially any areas of environmental interest identified through aerial inspection.

Aerial inspection must adhere to FAA regulations. Take-off and landing of aircraft, including drones, from/on NPS property is strictly prohibited. If the use of drones on or over NPS land is anticipated, the Consultant must contact the NPS regarding current policy.

Step 7: Identify and comment on data gaps

The EP must evaluate information and comment on the existence of data gaps. The EP must comment if the data gap is significant, in accordance with the standard (ASTM E1527-21 sec. 12.5.1). The EP will strive to avoid unnecessary data gaps by obtaining all reasonably ascertainable records pertinent to the project.

Step 8: Estimate potential remediation costs and assessment of potential liabilities

If the ESA report identifies RECs, CRECs, HRECs, or Environmental Issues of Concern, and if the information collected during the ESA and other available information is sufficient, the EP must develop an estimate of potential remediation costs that could result from the release or threatened release of hazardous substances, oil, or petroleum products, or the presence of Environmental Issues of Concern based on the reasonably anticipated future use of the subject property. Any conditions that could be the subject of an enforcement action by state or federal regulators (e.g., the exceedance of promulgated and legally enforceable state cleanup standards) must also be identified. If sufficient information is not available to develop such an estimate, then please state so in the ESA report.

Step 9: Report information in accordance with the AAI standard

The ESA report must include all sections described under the AAI standards and ASTM E1527-21, specifically Appendix X5, and include the requirements of Section 12 of ASTM E1527-21. All report information must be supported by documentation to demonstrate where information was obtained.

• User Reliance: The ESA and reports must be prepared on behalf of and for exclusive use of the National Park Service, solely for its use and reliance. The report must identify the National Park Service as the “User.”

• NPS will proved a completed All Appropriate Inquiry User Questionnaire.

• Conclusions: the report must include a statement substantially similar to one of the statements in

ASTM E1527-21 sec. 12.7.1 or 12.7.2.

• Site plan – as described in Appendix X5, the site plan should include a north arrow, approximate scale, all major structures, and occupants/business names or land uses on the subject property and adjoining properties.

• Photographs should have captions identifying the date and location (GPS coordinates) and features of note. Photographs should be keyed on a site plan.

• The ESA report must include a table indicating the completion date and expiration date of each component (interviews, environmental lien search, government records search, visual inspection, EP declaration, and report completion date) (example table below). Please note that per the DOI, the EP Declaration and Date of Completion of the report have a 180 day validity date similar to the other components.

All Appropriate Inquiry Completion Tracking Table

All Appropriate Inquiry Date of Completion

Date of Expiration

Environmental Professional Declaration Landowner Interview (latest date if multiple interviews) Environmental Lien Search Government Record Search Site Inspection Date of the Report

Task 10: NPS Declarations and Certifications

The report must include as the last page of the report a completed Declarations and Certifications page (attached as Exhibit “C”). This page must be signed and dated by the EP. If the EP is not the same person who prepared the ESA, then the preparer must also sign and date where indicated.

Optional Tasks (include line-item costs for both optional tasks in the quote you provide. If needed, the optional tasks may be awarded at a later date):

Optional Task 1 - Update Phase I ESA – Should the property not be acquired within 180 days of the earliest task listed in 40 C.F.R. § 312.20(b), the ESA will need to be updated, requiring a second property visit and compliance with AAI and ASTM E1527-21 viability. Please provide quote for the cost of Optional Task 1.

Optional Task 2 – Phase II Tasks – Should RECs be identified, develop a detailed list of recommended investigation tasks to be completed as part of a Phase II ESA under ASTM E- 1903-19. Such additional analysis is not intended to fully characterize the nature and extent of contamination or assess the associated risks, but only to gather sufficient information to enable NPS to reasonably estimate the cost of addressing the conditions identified in the Phase I ESA.

Also, include an estimated cost for the conducting a Phase II ESA. Please provide a quote for the cost of Optional Task 2.

SCHEDULE

It is expected that the ESA will be completed within 30 days of receiving award notice. Timelines may be extended with mutual consent. The following timeframes also apply:

1. Within 5 days from receiving award notice, the Consultant must contact the NPS representative to schedule a call to discuss the assignment in detail.

2. Prior to finalizing the ESA report, the Consultant must send a draft report electronically (PDF) to the NPS Regional Office representative for review and comment.

ASSUMPTIONS

1. Weather: Site visits must occur when weather conditions are not dangerous and when conditions allow for thorough and clear observation of RECs or historical RECs.

2. NPS Cooperation: NPS staff will be available and participate during the interview, historical reviews, site visit inspection, and records review portions of the process.

3. Background Information: If the NPS is aware of any information pertaining to previous land use of the subject and neighboring lands, hazardous waste disposal records, clean-up records, and sampling records, etc., the information will be made available upon requested.

4. Contacts: NPS representative and landowner contact information will be provided after award.

5. Sampling: No collection or analysis of soil samples is required or authorized.

DELIVERABLES

Reports must be delivered to the NPS in Adobe PDF format; no hardcopies are required. The Consultant and NPS will arrange for the best way to transmit large files. A draft ESA report must be submitted to the NPS for review and comment by the NPS. NPS will provide feedback and comments in a timely manner.

A final report should be submitted after NPS comments have been addressed.