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HomeMy WebLinkAbout93-105 Resolution No. 93-105 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Environmental Science and Engineering, Inc. for an environmental assessment of 229 North Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. sl George VanDeVoorde George VanDeVoorde, Mayor Presented: April 14, 1993 Adopted: April 14, 1993 Vote: Yeas 6 Nays 0 Recorded: Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk PROFESSIONAL SERVICES AGREEMENT "This agreement is entered into this //,`"L day of ,I L_ , 1993, between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and Environmental Science and Engineering, Inc. , an} i��ino-re Delaware corporation (hereinafter referred to as "Consultant" WHEREAS, the City has determined it to be in its best interests to obtain the assistance of an expert environmental consultant concerning environmental conditions located at 229 North Grove Avenue, Elgin, Illinois; and WHEREAS, Consultant is intohanragreementenvironmen- tal sciences, and desire s o Consultant services to the City; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Scope of Work Consultant shall provide and direct the necessary quali- fied personnel to perform the services described in the pro- posal for soil sampling, tank removal and report preparation, which is attached hereto and incorporated by reference herein as Attachment III. 2 . Term and ending upon delivery and aceptance of all project This agreement shal have a term com-- deliverable: mencing on April 14, 1993 thr.QUqh-:;Lh=ft_ - =_J_"3_ This agree- ment may be terminated by the City of Elgin at such time as the City of Elgin may elect, provided that the effective date of such termination will not be earlier than seven days fol- lowing the mailing of written notice of termination to Consul- tant at the address provided herein. upon receipt of a notice of termination, Consultant shall deliver to the City of Elgin the work product or other results obtained by Consultant up to that time. 3 . Fee So long as Consultant is discharging its obligations hereunder to the reasonable satisfaction of the City of Elgin, Consultant shall be paid a fee for such services at the rate set forth in Table 1 which is appended hereto and incorporated by reference herein. Said fee, including all expenses and subcontracting costs, shall not exceed $42,800 .00. Said fee shall be payable within 60 days of receipt by the City of an itemized invoice for services rendered by the Consultant. 4 . Rights in Results of Services The results of Consulta.nt'$ services under this agreement shall be the exclusive property of City of Elgin, and all documents (including without limitation, all writings, draw- ings, blueprints, pictures, recordings, cciTtYiitcr or iaach in:=- readable data, and all copies or reproductions thereof) which describe or relate to the services performed or to be per- formed pursuant to this agreement or the results thereof, including without limitation all notes, data, reports or other information received or generated in the performance of this agreement, shall be the exclusive property of City of Elgin and shall be delivered to City of Elgin upon request (except for one copy, which may be retained by Consu treatises, its confidential files) . No articles, papers, presentations related to or in any way based upon or associat- ed with the services performed pursuant to this agreement shall be presented or submitted for publication without the prior written consent of City of Elgin. 5. other Agreements Consultant warrants that it is not a party to any other existing or previous agreement which would prevent Consultant from entering into this agreement or which would adversely affect Consultant's ability to perform the services under this agreement. During the term of this agreement Consultant will not, without the prior written consent of City of Elgin, perform services for any person, firm or corporation other than City of Elgin if such services could lead to a conflict with Consultant' s obligations under this agreement. 6 . Subcontracting if Consultant intends to hire or retain any person, firm or corporation to perform services under this agreement, Consultant shall first secure the written agreement of such party that such party (1) shall assume and agree to be bound by the same obligations as Consultant has assumed under the provisions of this agreement, and (2) that such party shall not be or act as an agent or employee of City of Elgin, nor assume or create any commitment or obligation on behalf of nor bind City of Elgin in any respect whatsoever. Consultant shall provide the City of Elgin with a copy of each such written agreement. 7 . Assignment Neither this agreement nor any of the rights or obliga- tions hereunder may be assigned or otherwise transferred by Consultant, nor shall the benefits of this agreement inure to ...1. 11111 111-11 111n /IITn-T-I In Ilan i,+,- TT "011 0 _C _11J1-1 the benefit of any trustee in bankruptcy, receiver or creditor of Consultant, whether by operation of law or otherwise, without the prior written consent of City of Elgin. Any attempt to assign or transfer this agreement or any rights hereunder without such consent shall be null and void and of no force or effect. 8. Independent Contractor Consultant is and shall perform its services under this agreement as an independent contractor, and shall not be deemed an agent, employee or legal representative of City of Elgin. Consultant has no authority to assume or create any commitment or obligation on behalf of or to bind City of Elgin in any respect whatsoever. 9 . Licenses and Permits Consultant shall obtain any and all licenses and permits required by federal, state, or local statutes, regulations or ordinances necessary for the performance of its services pursuant to this agreement. 10. Compliance with Laws Consultant shall at all times impose work orders on its employees and subcontractors which are designed to assure that they comply with all applicable federal, state and local laws and regulations, including occupational safety and environmen- tal protection statutes and regulations, in performing the services hereunder, and shall comply with any directions of governmental agencies and City of Elgin relating to site safety, security, traffic or other like matters . 11. indemnification of Client Consultant shall defend and indemnify the City of Elgin from and against legal liability from damages arising out of the performance of the service for the City of Elgin where such liability is caused by the negligent act, error or omis- sion of Consultant, its agents, employees or assigns, or any person or organization for whom Consultant is legally liable. 12 . Consultant' s Insurance Consultant shall obtain and maintain the following poli- cies of insurance: ( 1) Worker' s compensation and occupational disease insurance in amounts required under the laws of the State of Illinois; (2) Comprehensive general liability and automobile liability insurance for bodily injury, death or _ _ --I . I-II IIII r -vnTI I T T mTnl7 J0 1 1 T/1 Ch- T T mnii cp-c loss of or damage to property of third persons in the minimum amount of $1 million per occur- rence which policy shall name City of Elgin and owner of property, if other than the City, upon which Consultant' s services are performed as additional insured. Consultant shall rfurnish Certificate of to City Of Elgin anti#wed--eta--e. such Insurance as policies on or before > N 'iY=fir 1993• evidence of April 14, (3) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence. Consultant shall fu ish o the City a on or Certificate of before April 14, 1993 . Insurance as evidence of 13. Right of Entry City shall provide for Consultant' s right to enter from time to time property owned by City or other(soder the Consultant to fulfill the scope of services, pursuant attached authorization form. 14. Severability If any portion of this agreement, or application thereof to any person or circumstance, shall to any extent be invalid, the remainder of this agreement, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this agreement shall be valid and enforced to the fullest extent permitted by law. 15 . Governing Law The validity, performance and construction of this agree- ment shall be governed and interpreted in accordance with the laws of the State of Illinois applicable to contracts made and to be performed therein. 16 . Additional Provisions This agreement includes those additional provisions contained in Attachments I, II, and III . 17 . Entire Agreement This agreement contains the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communica- tions, negotiations and agreements, whether oral or written, between the parties with respect to such subject matter, and no addition to or modifications of this agreement or waiver of any provisions of this agreement shall be binding on either party unless made in writing and executed by City of Elgin. -I I...nnnn I T -niI tnI I vnII I 1 T()/MTII'T'J J0 I I Tel Ch' T T mnu pp-Ci -NAH The terms and conditions set forth herein are ac- cepted as of this day of 04jAa e,=PEjT CONSULTANT CLIENT Company Environmental Science & Signature G� Signature p Title Associate Vice President Phone /0 O Phone 312/693-6030 Address lS Address 5440 N. Cumberland Suite Chicago, Illinois 60656 Qn *A ni991£680LI 'ON XH 'NOW A1I0MIO13 . O A1I0 9V: 11 NOW E 6-9 -Ndd ATTACHMENT I Consultant Certifies That: 1. The undersigned firm certifies that it is not delinquent in the payment of any tax administered by the Department of Revenue except for tax it is contesting in accordance with the procedures established by the appropriate reve- nue act. 2. The undersigned firm certifies that the firm is not barred from making an offer to contract as a result of a violation of either Section 33E-e, or 33E-4 of Chapter 38 of the Illinois Revised Statutes. 3. The undersigned firm certifies that the firm shall com- ply, where applicable, with the Wages of Employees on Public Works Act (Illinois Revised Statutes, Chapter 48, Section 39S, et. seg. ) . 4 . The undersigned firm certifies that the firm shall comply with the City of Elgin's contract compliance ordinance relating to Affirmative Action. By: Date: nn 'a n i qG i PRRn) i 'ON YU.4 'HOW AI i 0/N I O"I� �O Al I 0 9V: 11 NOW 96-9 -add ATTACHMENT II City of Elgin CONTRACT COMPLIANCE AFFIRMATIVE ACTION INFORMATION To assure compliance with the City of Elgin's contract compli- ance ordinance, all contractors and vendors, herein referred to as "bidders" , are requested to submit the following Affir- mative Action information: 1. Work Force Analysis using the enclosed bidder' s employee utilization form. 2 . Provide the information required by item #3 on the em- ployee utilization form if the answer to question 2 on the form is 'yes' . 3 . Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and female to assure equal em- ployment opportunity. (A coy of the bidder' s affirmative action plan may be submitted in lieu of this require- ment. ) 01Y 0199i£69OLI 'ON XVA 'NOW A1I0/NI011 . O A1I0 Lb; I I NOW £6-9 -Ndb . 0 B I D D E R S EMPLOYEE UTILIZ f maw:., anA shO be 's report is required by the City r" Ela�ded. Thi P submitted before the contract can be awarded. Chapter 3.12.1000 Affirmative Action Y 1, Name and Address of Bidder Description of Project Environmental Science & Engineerin Inc. 229 N Grove Aven e N. Cumberland Avenue Chica o IL 6 - . 1� �� Oil � � JOB CATEGORIES 0 2 0 icials & M r 4 1 - - Professionals 11 8• _ - Technicians 2 2 50 1 1 - Office & Clerical 6 - Operatives 1 5 33 1 2 -- 9A 45.5 TOTALS mp pale zpgtum of coany Oifidal and Zitk Telephone, Dat No; e S nell Hof he City of Elgin? - !. Have you Over boon ay.arded a bid by tI= rI0 Q of the s. U the aasrrer to *! is yes. pleas• submit a d fwj gm loyes Utilization For Ki ha fully completed .pops' of last successful bid along this form. rovid�d above •ho-q►s under- 4. if the statistical datayy p losse submit. utilization of mino ui Y an /orovide alein pth• attached according to the t document. a -written oomra t,:nent to provide •goal omploymernt opportualt►y. to or vendor NOT` : In the event that a contracto ent and affirm tiv:ils comply with the fair omplo of Elfin. the City action provisions of the City amor�Qs other actions mayy cancel, t•rzninat• or suspend the contract in frhol• , or in Part- Environmental Science & Engineering,Inc. A OIICORV C.�y February 1993 AFFIRMATIVE ACTION POLICY Environmental Science&Engineering,Inc.,recognizing its responsibility in the area of providing equal opportunity in its employment program, advocates affirmative action to insure that applicants are employed and treated without regard to their race, color, religion, sex (except where sex is a bona fide occupational qualification), sexual orientation, national origin, age, or to their status as a qualified disabled individual, a disabled veteran, or a veteran of the Vietnam era. In order to provide for effective administration, I wish to insure that the company's philosophy and attitude on this subject are effectively disseminated throughout the company. The Affirmative Action Plan includes, but is not necessarily limited to, a responsibility to: 1. Take affirmative action to recruit, hire and promote for all job classifications without regard to race, color, religion, sex (except where sex is a bona fide occupational qualification), sexual orientation, national origin, age, or status as a qualified disabled individual, a qualified disabled veteran, or a veteran of the Vietnam era; 2. Take affirmative action to insure that all other personnel actions such as compensation, benefits, transfers, layoffs, return from layoffs, company-sponsored training, education tuition assistance, social and recreation programs, will be administered without regard to race, color, religion, sex (except where sex is a bona fide occupational qualification), sexual orientation, national origin, age, or status as a qualified disabled individual, a qualified disabled veteran, or a veteran of the Vietnam era; and 3. Take affirmative action to insure that all employees understand that it is against the policies of ESE for any employee, male or female, to sexually harass another employee by making unwelcome sexual advances or requests for sexual favors or by engaging in other verbal or physical conduct of a sexual nature when: a. Submission to such conduct is explicitly or implicitly made a term or condition of the other employee's employment; b. Submission to or rejection of such conduct by the other employee is used as the basis for employment decisions affecting that employee; or 8901 North Industrial Road Peoria,IL 61615 Phone(309)692-4422 (800)234-1239 Fax(309)692-9364 Affirmative Action Policy February 1993 Page Two C. Such conduct has the purpose of effect of substantially interfering with the other employee's work performance or of creating an intimidating, hostile, or offensive working environment. 4. Take affirmative action to ensure compliance with the Americans with Disabilities Act (ADA) which provides for non-discrimination for individuals with disabilities in employment, public accomodation, public services, transportation, and telecommunications. Ronald Rainson President & CEO J&H IBS F-799 T-028 P-OM APR 09 193 10:26 AdMKD nmomssue My►Ta pirvaorm 7M C RV F1C`.ATE 0 MOM AS A YATrM OF INFOPMATION QM Y AND JOHN & HIGGINS CCWBW 1i1O FOMM tWM T�C1U�cATE HOLDEER THE CexnF�TE WW Wr AWE]BELOW.'MEM OR AUM TM OWMAM AFFOMM sY TM Mo mw Aga=, sum imo solo kw A MSNO. 987E Z= COMPANIES N IES AFFOFIDM COVERAGE QNm, i[ GM-M 00WAWA LErn M goo= Amomr-M COMPANY B ELM Bw La-rrm WZY49 rB1 AL s s 03lkWAUV C BEMMERM, Mc. 300 BMUUDr AM.RE as0 fort . It 6io CCWMN E 7nTMQFDMUP.mm ORM THAT THE POLK=OF N6tJiMM LWW BELOW HAVE MW�!®TQ THE NAWD ABOVE P0R THE PpLX,'Y Pmvw AW _ ITSiJY OR 00NMON OF ANY OOH TP-#1T OR 01MM DOCUMENT VMN REWEUr TO NR OGH TM AND lml i10FFi OFMBIJOH POUC I L�1'B �NVN �i F1�JCID F M6 8lB, 3T 7+0 ALL THE TSiaA3, �ZY�� mm mth n 9 A F�==s UA�IM1/ �w WON Ce�RAL AGOMIEM7E i A'GAL UAYLRY AOQ. i S MA []D O UR. /MyMfDMAL+AOI/.DWURY CONMRAOfOn PROP. eAM OCCURFOM. i M RM[DAMAGE"aM M" i MEDAl�BIIMf�Aga» f AUMUMD�UAMK MY ANYAUTO LIE i ALL OWED ANM06 = 90N6XM AUM lPw PMAad MOM AUM Nor v Pk%W NONdMIMDAU= Ow-dd•4 � QARAM NAMM Pf�ly DAMAGE i 'D LMAMlJIY RAM bOO{JPMMUM f UMBRElA POW ALiGIlGAT�, i OMMfRR THM UKIMMJ►MORM B 11/i1DI0gwm 3flQW 3fl" srAwrow Lum AND RACH ACOMW i MLM wo nr ONW-4894000 Y LM U i DMEAW&ACK 00% MEE i oMMMOe . Mr rnDMaFCPEPATfoNS4FLOrATV IVENIC :►srecut� f+espects comes ial 6aaeral 1faDflf4, ft is agreed feet vw City of E72fe is fACIN&M as owtiml fRMM(diM/bNt ani�as Te�Ctt CP "tfaas ar ft e C anbw-t With me MMmw fo>Ansd. SKUD ANY QF THE ABOVE 1 09r,mm PM KM BE C4NOS3lM BEFORE TM faMATm OATS TrMVw, THE 19Sum OpuPAw wu ENm%m TO mt V Ell fR mm w _.Uvo w unM NOTICE TO TM C�CATE lMM wino TO THE /Rt AV�1Jar UK BUT FAVAM TO Mw a= pKynm WwjL &pow NO Op"Tm OR 2.9 O wew Cart NABUN OF AW KM UKW TFE CQWAw,ITS AGWM OR RBMRI' effATM Elite it 607aD..�6 (" 10 WS MU-PA MW)W) JgLDiER COPT' CEIOIFII.RE Nb. Of7arri.nmaR A/.11ltll. CERTIFICATE OF INSURAN9 ISSUE DATE(MM/DDNY) ( 215_60-00000 PROF. 7 ILC _G 04f 07193 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND i CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE f DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE ` COMPANY NAT'L PROF. CASUALTY CO. LETTER A COMPANY B IINSURED LETTER j ENVIRONMENTAL SCIENCE & COMPANY j ENGINEERING, INC. LETTER C+ ATT KAREN JENSEN COMPANY 330 HAMILTON BLVD. , STE 300 LETTER D PEORIA, IL 61602 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ` CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE S j COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGO. $ I CLAIMS MADE OCCUR. PERSONAL S ADV.INJURY S � OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE S FIRE DAMAGE(Any one fire) S MED.EXPENSE(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE ANY AUTO LIMIT S ! ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) S HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) S i GARAGE LIABILITY PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE S UMBRELLA FORM AGGREGATE S I OTHER THAN UMBRELLA FORM STATUTORY LIMITS WORKER'S COMPENSATION EACH ACCIDENT S I AND DISEASE—POLICY LIMIT S EMPLOYERS'LIABILITY i DISEASE—EACH EMPLOYEE S OTHER $3,000,000 EACH CLAIM A PROFESSIONAL/ B72961 2/16/93 2/16/94 $3,000,000 AGGREGATE POLLUTION LIABILITY �s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS I I CERTIFICATE HOLDER CANCELLATION CITY OF ELGIN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ATT RAY MOLLER EXPIRAJFN DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO 150 DEXTER COURT MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ELGIN, IL 60120-5555 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO ED RE RESENT �CORD 25.8(7/90) CACORD CORPORATION 1990 ATTACHMENT III PROPOSAL FOR UST MANAGEMENT PROGRAM 1.0 INTRODUCTION Environmental Science & Engineering, Inc. (ESE), is pleased to submit the following proposed work plan to the City of Elgin, (CLIENT) for the removal and closure of two (2) Underground Storage Tanks (USTs) located at the following site: 229 North Grove Avenue, Elgin, Illinois The two (2) USTs at the above referenced site are assumed to be as follows: Tank Number/ Capacity Former Composition (g ions) Contents Location #1/Steel 5 to 6,000 No. 6 Heating Oil Outside #2/Steel 5 to 6,000 No. 6 Heating Oil Outside 2.0 SCOPE OF SERVICES AND TECHNICAL APPROACH The following scope of services has been prepared based the Revised Environmental Services Scope of Work provided by the City of Elgin and using ESE's knowledge of UST regulations, as well as extensive experience in preparing and implementing UST management programs. We believe this scope of work represents the best approach to achieving the UST management goals of the City of Elgin in a cost-effective manner. The UST Management Program addresses the following: Phase I: Soil Borings and Analysis. Phase II: Corrective Action Plan Preparation. Phase III: Background Data Review, Site Meetings, and Tank Removal Permitting Phase IV: Project Management and Supervision Phase V: UST Removal, Decontamination, Transport, and Disposal, Soil Assessment/Permanent Closure Phase VI: Regulatory Notification and Final Report Preparation Phase VII: Filing Reimbursement Forms Phase VIII: Preliminary Recommendations 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL I ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 2.1 Phase I: Soil Borings and Analysis • ESE will retain a subcontractor to drill environmental soil borings as outlined in this section. • ESE will contact J.U.L.I.E. to locate known underground utilities on the site. The City will provide information regarding locations of all private utilities. • ESE will provide technical oversight during the drilling of the soil borings. Technical oversight will consist of collecting samples, monitoring drilling returns with a photoionization detector (PID), classifying soils, and providing oversight to the driller. The PID meter is used to provide on-site field screening for organic vapors. ESE will direct driller to drill borings as follows: 1. Drill a total of six (6) soil borings to a depth of 15 to 25 feet below ground surface (bgs) to investigate the extent of contamination in the vicinity of the two USTs. 2. The soil borings will be performed using a truck mounted rotary drill rig equipped with hollow stem augers. Soil samples will be collected from the borings using a stainless steel split spoon sampler. Split spoon samples will be collected from each boring every two and one-half(2-1h) feet of vertical depth to ten (10) feet bgs and every five (5) foot interval thereafter to the final boring depth. 3. Headspace samples will be collected by placing a small volume of the sample in a clean sample jar. The jar will be sealed by placing a piece of aluminum foil over the mouth and placing the lid on the jar. The headspace sample will then remain undisturbed for approximately 30 minutes to allow the compound vapors to come to equilibrium with the air in the jar. The sample will be screened by inserting the tip of the PID through the aluminum foil and recording the highest PID response. • One (1) soil sample from each soil boring will be submitted for laboratory analysis. The soil sample submitted to the analytical laboratory will be the sample exhibiting the highest PID headspace response. Samples will be analyzed for benzene, ethlybenzene, toluene, and xylenes (BETX) and polynuclear aromatics (PNAs). Analytical methods will be in accordance with the latest edition of the USEPA document, SW-846, "Test Methods for the Evaluation of Solid Waste, Physical and Chemical Methods". BETX analysis will be performed in accordance with USEPA Method 8020. PNA analysis will be performed in accordance with USEPA Method 8310. The"soil samples will be shipped via overnight service to the laboratory for analysis. The analytical costs are based on standard two (2) to three (3) week turnaround. 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL 2 ESE PROPOSAL NO. 930128.01 City of Elgin . April 8, 1993 • ESE will direct driller to decontaminate the auger and sampling equipment between each boring to assist in preventing cross contamination of borings. ESE will also direct driller to decontaminate the split spoon sampler prior to collection of each sample. ESE will decontaminate its own sampling equipment prior to collection of each sample. The decontamination procedure used for sampling equipment will consist of Alconox wash, tap water rinse and final distilled water rinse. 2.2 Phase II: Corrective Action Plan ESE will prepare a Corrective Action Plan for submittal to the Illinois EPA using the agencies standard corrective action form. The document will outline the anticipated removal of two (2) UST's and the remediation of the UST site. For the purposes of this proposal, the remediation activity outlined in the Corrective Action Plan is assumed to be excavation of contaminated soils as described herein. The form will be submitted to IEPA after review and approval by the City of Elgin. 2.3 Phase III: Background Data Review, Site Meetings, and Tank Removal Permitting Upon award of this contract, a review will be conducted of the relevant site background data, including, but not limited to, professional reports, material safety data sheets of substances formerly stored within the UST, local underground structures, product inventory records as well as federal, state and local files concerning UST registration and notification forms. Additional assessments of the site will be performed prior to implementation of this management program to confirm utility locations and general site accessibility. Task 1 - Notification/Rgporting • ESE will notify state and local regulatory agencies of intent to remove and permanently close the existing USTs in accordance with applicable codes and regulations (notification is required 30 days prior to removal or installation). Task 2 - Identification and Procurement of Permits • ESE will contact local authorities to identify required building permits or modifications to city records (if applicable). • ESE (through its subcontractor) will obtain necessary tank removal permits. "OW710.PRO UNDERGROUND STORAGE TANK REMOVAL 3 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 2.4 Phase IV: Project Management and Supervision Task 1 - Project Mana eg ment • ESE will provide complete engineering and construction management services for an appropriate removal/soil assessment/ permanent closure of the existing UST systems. The approach utilized during these activities is designed to limit potential liabilities incurred by the City of Elgin and/or ESE. Task 2 - Pre paration of Field Programs • ESE (through its subcontractor) will contact JULIE to locate known underground utilities on the site. • ESE will prepare a Health and Safety Plan in accordance with OSHA Regulations. • ESE will procure subcontractor commitments. • ESE will coordinate project schedule with City representatives, as necessary. 2.5 Phase V: UST Removal, Decontamination, Transport and Disposal, Soil Assessment/Permanent Closure Task 1 - UST Removal • Liquids within the subsurface piping systems will be drained or flushed into their original ` holding tanks and removed from the UST prior to removal. Transportation and disposal of a maximum of 7,000 gallons of water impacted with No. 6 heating oil is included. Based on information provided by the City, it is our understanding that only pumpable liquid will be encountered and not heavy sludges and/or residues. • Remove overlying concrete cover. • Make the internal atmospheres of the UST inert using nitrogen foam displacement, nitrogen gas, or dry ice. • Excavate, transport and dispose of a maximum of 165 cubic yards of impacted soils from the UST excavation and up to 30 cubic yards of concrete and/or debris as non-hazardous special waste. • Exhume the two (2) USTs and stage in a constructed containment area for decontamination. • Remove all associated underground tank piping along with associated vent lines. Vent lines which cannot be easily removed will be capped in place. 93040710YRO UNDERGROUND STORAGE TANK REmovAL 4 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 • Concurrent with the UST/piping removal efforts, soils excavated will be field screened with a Photoionization Detector (PID) for the presence of organic vapor. The PID has a non-compound specific detection limit of one part per million (ppm). • Document the UST removal and site activities with photographs. • Inspect the tank excavation for visible evidence of petroleum derived hydrocarbon impact, i.e., discoloration, staining or odors. • Implement initial abatement efforts in accordance with requirements imposed by the State Fire Marshal's Office and the IEPA. Task 2 - UST Decontamination • Prepare the tanks for decontamination utilizing guidelines established by the American Petroleum Institute (API 1604 and.2015) and the National Fire Prevention Association (NFPA). • Enter the tank under Level C personal protection to decontaminate. • Inspect the UST for breaches of integrity (i.e., surface corrosion, weld failure, perforation, cross-threaded pipe joints, etc.). • Render the tank unsalvageable for storage use and provide certificates of destruction for each tank. Task 3 - Soil Sample Collection and Analysis • Collect eight (8) soil samples from the outside USTs' excavation walls and floor. One soil sample will be collected from the base of each end of the bottom of the tank for a subtotal of four (4) samples and an additional four (4) soil samples will be collected from the sidewalls of the excavation. • The soil samples will be analyzed for the presence of Benzene, Ethylbenzene, Toluene, Total Xylenes, Naphthalene, and polynuclear aromatics in accordance with analytical procedures described in the latest edition of the USEPA document, SW-846, "Test Methods for the Evaluation of Solid Waste, Physical and Chemical Methods". • Soil samples will be delivered by overnight carrier to laboratory in coolers maintained below forty degrees (400) Fahrenheit following proper Chain of Custody requirements. • All analytical costs are based on a standard two (2) to three (3) week turnaround. 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL 5 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 Task 4 - Completion of Site Activities • Backfill the excavation with a maximum 270 cubic tons of granular stone material. 2.6 Phase VI: Regulatory Notification and Final Report Preparation Task 1 - Regulatory Notification • Revise and/or complete the tank notification forms. • Submit notification forms to the state and notify other regulatory agencies, as required. Task 2 - Preparation of IEPA 45 Day and Closure Report on UST System ESE will furnish two (2) draft copies of the 45 Day and Closure Reports. The draft will be subject to one (1) revision in writing by the City of Elgin at which point five (5) copies of the Final Closure Report will be submitted. The report will include the following information: • A site history of the UST systems. • Tank program overview and photographic documentation of each UST. • Notification documents and permit affidavits. + Certificates of destruction for each UST removed. • Liquid and soil waste manifests. • Field analytical data (PID and/or Gas Chromatograph). • Confirmatory analytical reports and chain-of-custody forms. • UST assessment and closure documentation. • Formal discussion of the local geology and hydrogeology. • Corrective action documentation, (if necessary). • Conclusions and Recommendations. • P.E. Certification 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 2.7 Phase VII: Filing Reimbursement Forms The City of Elgin has indicated its desire to seek reimbursement from the Illinois LUST Trust Fund. In keeping with that intention, ESE will file applicable forms to the IEPA. ESE does not guarantee, warrant, or imply that reimbursement from this Trust Fund will be either approved or handled in a timely manner by the IEPA. 3.0 PROJECT SCHEDULE ESE will initiate the UST Management Program described in this proposal within one (1) week after receiving authorization in the form of an executed agreement. Phase I, II, III, and IV can, typically, be completed within eight (8) weeks providing initial abatement and corrective actions are limited. The project schedule excludes time associated with the review and approval of reports by CLIENT and/or regulatory agencies. 4.0 BASIS FOR PROPOSAL The proposed scope of work, schedule and cost estimate are based on information provided by CLIENT and the following assumptions: • All field efforts will be completed in accordance with current Federal, State, and Local requirements. • All UST's to be removed are currently registered with the Office of the State Fire Marshall. An additional fee of$800.00 per tank will be required to complete the registration and pay the late registration fees of any tanks not currently registered. • Frost line does not extend more than six inches below ground surface. • ESE cannot assure that any or all costs associated with this proposal are reimbursable by the IEPA UST Fund. • Proposal assumes that the Illinois Emergency Services Disaster Agency has been notified of any release detected prior to ESE's involvement with this project site. • CLIENT will remove and replace all equipment and materials located within the area necessary to perform services indicated in Section 2.0. • The USTs scheduled for removal is assumed to have a storage capacity as indicated in Section 1.0. If the tank is larger than its assumed size, the cost for our field services will increase accordingly. • This estimate assumes no shoring of any structures will be necessary during the UST removal or installation. Should any shoring be required, the cost for our field services will increase accordingly. %040710.PRO UNDERGROUND STORAGE TANK REMOVAL 7 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 • Permanent closure of each area will be based on the review of soil quality data. • Excavation quotations are based on normal soil conditions. In the event any underground structures, poles, cables, conduit, catch basins, manholes, rock, sludge, water, running sand, sewers, drain tiles, etc. are encountered, removed or destroyed during the normal performance of a contract, ESE shall not be held responsible for such damage. Restoration of this damage will be made by ESE at CLIENT's expense if ESE is so directed. Any additional cost incurred by the appearance of abnormal soil conditions or subsurface installation of the sort above mentioned, including rock or slag formations, shall be paid by CLIENT in addition to the price quoted. • If it becomes necessary for ESE to abandon the site of excavation for reasons beyond the control of ESE, any expenses incurred for work performed and additional work necessary to complete the contract if performed by others shall be borne by CLIENT. Such expense shall be based on the existing rate scale for labor and materials plus customary mark-up on cost plus contracts. • Proposal costs are based on that excavation can be backfilled immediately after the field readings of the soil reveal the excavations to be clean. If it is necessary to remobilize to further remove contaminated soils, an additional cost will be assessed based on unit rates and time and materials for excavation, transportation and disposal. If it is necessary for the excavations to remain open, barricades and/or a fence, to secure excavations, will be supplied at additional cost. • The State of Illinois requires all generators of non-hazardous special waste or hazardous waste to obtain either Federal or State generator ID numbers. Should your facilities not have either of these numbers, please contact us as soon as possible so application arrangements may be made. • Sludge and/or non-pumpable liquid removal and disposal will be performed on a Time and Expense basis in addition to the prices quoted in this proposal. • Proposal costs are based on information and specifications received from CLIENT. Any additional costs due to unforeseen factors or uncontrollable delays that may arise will be charged on a time and material basis. • Proposal costs do not include any asphalt, concrete, sod or shrubbery replacement. • ESE will not be held responsible for damage to building foundations, trees, shrubs, walls, or utility lines in tank areas, unless caused our own misuse or negligence. • Submission of any reports beyond the submittal of the closure report such as submittal of a Groundwater Corrective Action Plan will be provided at additional cost. 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL 8 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 • ESE will provide environmental and/or remedial services deemed necessary through CLIENT/Contractor consultation to investigate the potential groundwater impact from any identified UST release. The costs for these efforts are excluded from the enclosed estimate, but can be determined on site and implemented following client authorization in the form of a "Change Order". • CLIENT will be responsible for reporting the results of the soil assessment efforts to the Illinois Emergency Services and Disaster Agency, Office of State Fire Marshal, and the Illinois Environmental Protection Agency. • The CLIENT will provide ESE with the necessary information, i.e. drawings, specification, blueprints, etc. to construct an accurate base map. • Proposal assumes that field activities will not exceed two (2) eight-hour working days. • Except as otherwise noted, a Level D Health and Safety Program will be adhered to by all ESE personnel and subcontractors. If Level C or other conditions are determined necessary by ESE personnel, additional charges will apply to the sampling efforts.- If Level A or Level B protective equipment is required, additional charges will be applied. • CLIENT acknowledges that ESE has not had any role in generating, treating, storing or disposal of hazardous or toxic substances, pollutants and contaminants or other waste materials which may be present at the site. Arrangements made by ESE for transport and disposal of waste materials shall be made solely for CLIENT's benefit. ESE cannot accept ownership, title or responsibility for CLIENT's waste or responsibility for the disposal of any waste materials. The attached Fee Schedule for Professional Services (Exhibit A) shall apply to work outside the scope of services requested by CLIENT. ESE shall not perform any additional work not covered by this agreement without prior written authorization by CLIENT. 93040710YRO UNDERGROUND STORAGE TANK REMOVAL 9 ESE PROPOSAL NO. 930128.01 City of Elgin April 8, 1993 5.0 COMPENSATION ESE will perform the Scope of Services as described in Section 2.0 of this proposal in accordance with the terms and conditions specified in the Professional Services Agreement between the City of Elgin and ESE (final negotiation pending). Compensation will be on a time and expense basis in accordance with ESE Fee Schedule for Professional Services dated January 29, 1993. The total not-to-exceed cost for proposed services is $42,800.00. A breakdown of the total cost estimate by the tasks identified in the revised RFP is as follows: Task 1: Subsurface Investigation $ 5,500.00 Includes maximum of six (6) soil borings and analysis of six (6) soil samples for BETX and PNA's at standard turnaround Task 2: Corrective Action Plan $ 1.940.00 Task 3: UST Removal and Disposal $14,140.00 Including removal of existing backfill material, debris in the USTs, demolition and removal of concrete vault, backfill to grade. Task 4: Laboratory Analysis $ 2,320.00 Includes 8 soil samples for BETX and PNAs at standard turnaround. Task 5: Transportation and Disposal of Contaminated Water $ 3,250.00 Includes 7,000 gallons water contaminated with No. 6 heating oil. Task 6: Transportation and disposal of Contaminated Soil/Material $12,025.00 Includes 165 CY of impacted soil and 30 CY of concrete/debris all assumed to be non-hazardous special. Task 7: 45 Day and Closure Report $ 2,215.00 Task 8: LUST Fund Reimbursement Report $ 1,360.00 TOTAL NOT-TO-EXCEED COST $ 42,800.00 93040710.PRO UNDERGROUND STORAGE TANK REMOVAL 10 ESE PROPOSAL NO. 930128.01 EXHIBIT A ENVIRONMENTAL SCIENCE & ENGINEERING, INC. FEE SCHEDULE FOR PROFESSIONAL SERVICES I. PERSONNEL Labor Category Hourly Rate Senior Project Professional $ 95 Project Professional $ 80 Senior Staff Professional $ 65 Staff Professional $ 55 Drilling/Survey Manager $ 70 Chief Technician* $ 55 Senior Technician* $ 45 Technician-Driller-surveyor* $ 35 Computer Programmer-Analyst* $ 45 Graphic Artist-Cartographer-Drafter* $ 40 Technical Editor $ 45 Word Processor* $ 35 Administrative & Technical Support $ 35 Principal Professional $130 Chief Professional $120 Senior Professional $110 *Certain levels of employees within these categories are non-exempt under the FISA. Such employees will be charged at 1.5 times the established rate for any hours in excess of 40 in any one week. Valid Through October, 1993 PEESCHC6.93 1 April 1, 1993 ENVIRONMENTAL SCIENCE & ENGINEERING, INC. FEE SCHEDULE FOR PROFESSIONAL SERVICES H. UNIT CONSTRUCTION RATES A. Shoring Costs $25.00 - $50.00/ft2 Sheet pile installation and removal; Minimum 100 ftz B. Soil Excavation, Removal and Disposal, Minimum 100 yd3 $75.00/yd3 Backfill; Minimum 100 tons $17.00/ton C. Barricades $1.00 per barricade per day D. Sludge and/or Non-Pumpable Liquid Removal and Disposal (Non-hazardous waste) 1. Sludge Removal From Tank $200.001hour 2. Drums $55.00155 gallon drum 3. Sludge Transportation and Disposal $850.00/55 gallon drum 4. Tank Entry (If no manhole is located on tank) $225.00/hour E. Additional Reports In accordance with ESE Fee Schedule FEEScxcb 93 2 April 1, 1993 ENVIRONMENTAL SCIENCE & ENGINEERING, INC. FEESCHEDULE FOR PROFESSIONAL SERVICES III. OTHER REIMBURSABLE EXPENSES A. Travel Expenses $0.35/mile Standard Vehicle Mileage Charge Company Equipped Vehicles (trucks, vans, etc.) Mileage Charge 50.60/mile actual cost +1596 Airfare, Auto Rental, Taxi B. Computer Charges (Includes modeling, numerical analyses, and computer aided graphics) $25.00/hour C. Monitoring/Sampling Equipment Daily Portable Gas Chromatograph $ 720.00 Soil Probe 125.00 Portable Generator 100.00 Photovac TIP" Photoionization Detector 100.00 HNe Photoionzation Detector 100.00 Explosimeter/Oxygen Meter 25.00 Teflon Bailer 15.00 Water Level Indicator 25.00 Data Logger 100.00 Gas Powered Auger 50.00 Hand Auger 20.00 Low Volume Well Pump 10.00 High Volume Well Pump 100.00 Magnetic Locator 25.00 Pressurized Sprayer 7.00 Interface Probe 25.00 FFBSCHC6.93 3 April 1, 1993 ENVIRONMENTAL SCIENCE & ENGINEERING, INC. FEE SCHEDULE FOR PROFESSIONAL SERVICES D. Protective Clothing and Equipment Modified Level D Protection $ 30.00/person/day Tyvek of poly-coated tyvek suits, Latex overboots and sample gloves Level C Protection $ 70.00/person/day Tyvek or poly-coated tyvek suits, full face respirators, 2 sets of R563A combination respirator cartridges, Latex overboots and sample gloves Level B Protection $200.00/person/day Poly-coated tyvek suits, supplied air respirators, 50-foot air lines, 30-minute SCBA, Latex overboots, sample gloves and vinyl gloves NOTE: 1) The above prices include two sets of disposable clothing per person per day. Additional clothing or equipment is charged as presented below. Standard non disposable protective clothing and equipment damaged or contaminated by site conditions are billed at replacement cost plus 15%. Miscellaneous Protective Gear Half-face Respirator $ 5.00/day Full-face Respirator 25.00/day PVC Rainsuit 20.00/day Safety Harness 5.00/day Latex Sample Gloves 3.00/doz. Silver Shield Gloves 4.30/pair Viton Gloves 29.00/pair Nitrile Gloves 3.15/pair Tyvek Suits - 4.50/each Poly-coated Tyvek Suits 8.00/each Saranex Suits 24.00/each Laminated Vinyl Splash Suit 4.50/each Latex Overboots 6.00/per Poly-coated Tyvek Overboots 16.00/doz. Vinyl Overboots 10.00/pair Duct Tape 4.50/roll Respirator Cartridges - R563A 12.00/set Portable Eyewash Station 50.00/day E. Outside Services cost plus 15% Other direct costs associated with performance of the project including subconsultants, drillers, printing and reproduction expenses. PF.l:SCHC6.93 4 April 1, 1993