HomeMy WebLinkAbout96-181 Resolution No. 96-181
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
WITH ATEC/ATC FOR ENVIRONMENTAL TESTING OF 56 WATER STREET
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a professional services agreement on behalf of the
City of Elgin with ATEC/ATC for environmental testing of the
property located at 56 Water Street, a copy of which is
attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 12, 1996
Adopted: June 12 , 1996
Vote: Yeas 6 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
PROFESSIONAL SERVICES AGREEMENT
This Agreement made and entered into this day of
June, 1996, by and between the City of Elgin, an Illinois
municipal corporation, and ATEC/ATC, an Illinois corporation
(hereinafter referred to as "Consultant" ) .
WITNESSETH
Whereas, the City of Elgin requires the assistance of an
expert environmental consultant concerning environmental
conditions located at 56 Water Street, Elgin, Kane County,
Illinois; and
Whereas, Consultant is an expert in the relevant fields
and desires to render such assistance to the City of Elgin.
Now, therefore, for and in consideration of the mutual
promises and undertakings as set forth therein, and for other
good valuable consideration, 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
qualified personnel to perform the services as set forth under
the ATEC Proposal Number 52-73229 attached hereto and made a
part hereof as Exhibit A.
2 . 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 of Exhibit A which is attached hereto and
incorporated by reference herein. Said fee shall not exceed
$8,235 . 00 . Said fee shall be payable within sixty (60) days
of receipt by the City of Elgin of an itemized invoice for
services rendered by the Consultant.
3 . Rights in Results of Services .
The results of Consultant' s services under this agreement
shall be the exclusive property of City of Elgin, and all
documents (including without limitation, all writings,
drawings, blueprints, pictures, recordings, computer or
machine-readable data, and all copies or reproductions
thereof) which describe or relate to the services performed or
to be performed 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 Consultant for
its confidential files) . No articles, papers, treatises, or
presentations related to or in any way based upon or
associated with the services performed pursuant to this
agreement shall be presented or submitted for publication
without the prior written consent of City of Elgin
4 . 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.
5 . 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 City of Elgin with a copy of each such written
agreement.
6 . Assignment.
Neither this agreement nor any of the rights or
obligations hereunder may be assigned or otherwise transferred
by Consultant, nor shall the benefits of this agreement inure
to 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.
7 . 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.
2
8. 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.
9 . Compliance with Laws .
While on the Facilit(y) (ies) , Consultant shall impose
word 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 environmental 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 .
10 . Consultant' s Insurance.
Consultant shall obtain and maintain the following
policies 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 loss
of or damage to property of third persons in the
minimum amount of $1 million per occurrence which
policy shall name City of Elgin as additional
insureds . Consultant shall furnish to City of Elgin
a certified copy of such policies on or before
commencement of work.
11. 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.
3
12 . Governing Law.
The validity, performance and construction of this
agreement shall be governed and interpreted in accordance with
the laws of the State of Illinois applicable to contracts
made and to be performed therein.
13 . 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
communications, 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.
CITY OF ELGIN ATEC/ATC
By _� 1�. � �_ By
Richard B. Helwig
Attest: Attest:
City Clerk
4
A,SEC Associates, Inc.
\V1 Environmental Consultants
2777 Finley Road,Unit 2 Sand 8 Hazardous Waste Site Assessments
Downers Grove,Illinois 60618 Remedial Design 8 Construction
(708)916-7272, (312)375-9092
(708)916-7013 FAX Underground Tank Management
Asbestos Surveys&Analysis
Hydrogeoktgic Investigations&Monitoring
Analytical Tooling/Chemistry
June 5, 1996 Industrial Hygiene/Hazard communication
Environmental Audits&Permitting
Mr. Ray Moller E)qotoratory Drilling&Monitoring Wens
Director of City Properties
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
RE: Phase LThase II Environmental Site Assessment Proposal
Industrial Building
56 Water Street
Elgin, Illinois
ATEC Proposal Number 52-73229
Dear Mr. Moller:
ATEC Associates, Inc. (ATEC) is pleased to submit this proposal for a Phase VPhase R
Environmental Site Assessment (ESA) at the above-referenced location. This proposal was
developed based on information provided in the Steffens & Associates real estate appraisal and
from information gathered during the ATEC walk through. ATEC understands the site consists
of an approximately 0.4-acre parcel developed with an approximately 16,807 square-foot one-
story masonry industrial building, which is reportedly occupied by four tenants.
SCOPE OF SERVICES
1.0 Phase I ESA
The purpose of a Phase I ESA is to evaluate the potential for on-site chemical contamination from
on-site or off-site sources. The scope of services for this Phase I ESA has been designed to
evaluate current and historical conditions at the site and surrounding area which may represent
potential environmental concern at the site, and meets or exceeds the guidelines described in
ASTM Standard E 1527-94. To achieve this, ATEC proposes to perform the following:
• Review available records regarding site development and previous usage.
• Perform a walk-through of the site.
• Review current regulatory database records for the site area.
• Interview local regulatory agency personnel.
These tasks are discussed in more detail below.
i
American lrc n nd Zi2n9eenng Corporation Consulting Environmental,Geotechnical and
OlRoes in Ma/or U.S.Citiee/Since 1958 Materials Engineers
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Mr.R Moller
June S,IM
Page 2
1.1 Visually observe the site grounds to identify potential sources of on-site chemical
release(s). These potential sources may include tanks, chemical storage, and disposal
areas.
1.2 Visually observe the site grounds to identify suspected asbestos-containing materials
(ACMs) or debris. No sampling of suspect ACMs will be performed at this time, but we
will describe the location and condition of the observed suspect ACMs.
1.3 Visually inspect (from curbside) and categorize the use of the abutting properties as
potential off-site sources of chemical contamination.
1.4 Interview local environmental authorities to identify complaints, violations, citations, or
inspections related to the site. (Note: this task is not a formal chain-of-ownership
review).
1.5 ATEC will review the current listings of published regulatory federal records related to the
site and potential off-site sources of chemical contamination and we will include this
information as well as documents relating to on-site activities as follows:
a. National Priorities List(NPL) -List of EPA high priority cleanup properties within
a one mile radius.
b. Comprehensive Environmental Response, Compensation and Liability Information
System (CERCLIS) - List of properties subject to investigation by EPA for
contamination within a one-half mile radius.
C. Resource Conservation and Recovery Act (RCRA) - List of notified generators
within a one-quarter mile radius and TSDFs within a one mile radius.
d. Emergency Response Notification System (ERNS)-A review of data regarding on-
site spills, the material released, and the medium into which it occurred for the
subject property only.
The assessment will not include a thorough review and evaluation of those off-site
properties within the search radii. ATEC will conclude, however, whether or not those
properties may have an affect on environmental conditions at the site due to their locations
in reference to the site.
1.6 ATEC will review current listings of state regulatory records and publications for
environmental activities related to the site and potential off-site sources of chemical.
contamination. We will incorporate the following information into the report:
a. State Priorities List (State SPL) within a one-mile radius.
b. Underground Storage Tank(UST) within a one-quarter mile radius.
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June S,JWd
Page 3
C. Leaking UM (LUSTS) within a one-half mile radius.
d. Solid Waste/Landfills within a one-half mile radius.
1.7 Review of past site documents to assess the potential for on-site chemic of contamination
including:
a. Historical Sanborn Fire Insurance maps (if available).
b. Construction documents, as appropriate.
C. Hazardous waste manifests and other selected operational documents.
d. Records of previous environmentally related activities.
Access and retrieval of any federal, state, or local documents related to the scope of work
is limited to the availability of records upon request from governmental agencies or
commercial sources within the time frame allocated for this effort. ATEC will make every
reasonable effort to obtain such information.
1.8 To comply with due diligence requirements for a Phase 1 assessment, the recent passage
of Illinois SB-41 requires the chain-0f-ownership (COO) for the site be reviewed for
historical ownership (each COO generally encompasses a 50-year period). Current and
past use of the site is the primary consideration in evaluating the need for additional
investigation and/or remediation. The chain-of-ownership provides historical ownership
of the site and generally does not indicate historical uses. The COO, if supplied to ATEC
by you, can be included an appendix to the report and will be incorporated into ATEC's
discussion in Task 1.4 above at no additional fee. Otherwise, ATEC can procure the COO
at an additional cost of$400 above the Phase I cost discussed.below.
1.9 Final Report: Following the Phase I Environmental Site Assessment and records review,
ATEC will prepare the Phase I report.. This will conclude with ATEC's opinion regarding
the potential presence of on-site chemical contamination and ACM. If ATEC concludes
that the potential for on-site chemical contamination exists, additional Phase I, phase 11
and/or Phase III activities may be recommended.
2.0 Phase II ESA
ATEC understands that the potential for on-site tenant activities to impact the site is a concern to
the City of Elgin. Therefore, ATEC has prepared a scope of work to investigate 1) a chrome
polishing operation and 2) an operating aboveground storage tank (AST) at the site. If, during
the site walk, additional areas of investigation are recognized, ATEC will investigate such areas
at that time.
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June S,1996
Page 4
2.1 Soil and Groundwater Sampling Procedures
ATEC will arrange for clearing of public utilities by joint utility locating information for
excavators(JULIE). ATEC requests that the City of Elgin secure a site plan or designate
an appropriate individual who will be responsible for verifying plans and/or drawings
supplied to ATEC indicating the location of any site specific underground structures and
utilities.
A maximum of two Geoprobe®borings will be advanced in the area of the operating AST
to an estimated maximum depth of 15 feet or until groundwater is encountered in an effort
to determine if the AST has impacted conditions at the site. In addition, four Geoprobe®
borings will be installed in the area of the chrome polishing operation (possibly inside the
building). ATEC has also allowed for the installation of a maximum of two additional
Geoprobe6 borings in other areas of concern that may be identified during the Phase I ESA
walk-through. The soil borings will be completed using a Geoprobe®equipped drill rig
equipped with 4-foot stainless steel samplers and disposable acetate liners. The soil
samples will be collected inside the acetate liners in order to reduce the potential for cross
contamination. Soil samples will be collected at continuous 4-foot intervals (0.0 to 4.0 ft.,
4.0 to 8.0 ft., etc.) to the base of the boring.
An ATEC geologist will inspect each soil sample in the field for staining, odors, or other
physical evidence of impairment. Soil samples will also be monitored in the field for the
emission of total photoionizable vapors (TPVs) using an H-Nu'3 photoionization detector
(P1D) or equivalent, which measures TPVs in parts per million (ppm). A boring log that
describes the field screening results and lithologies encountered will be prepared during
drilling activities.
Groundwater samples will be collected from the borings through the use of a Geoprobeo
water sampler or the implementation of driven well points at the eight boring locations.
2.2 Decontamination Procedures
The samplers will be cleaned prior to each use with a tap water and non-phosphate
detergent wash, a tap water rinse, and a final distilled water rinse. Drilling and sampling
equipment that enters the borehole will be cleaned prior to drilling each borehole using the
same cleaning protocol as used on the samplers.
2.3 Soil Cuttings and Rinsate Water Containment
Due to the uncertainty of subsurface conditions, all soil and rinsate water generated during
this investigation that is suspected of being contaminated will be contained in Department
of Transportation (DOT)-approved 55-gallon drums. Drums will be left on site and
carefully secured and labeled prior to leaving the site. Upon receipt of the soil and
groundwater analysis, a preliminary evaluation can be made as to whether these materials
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Mr.R.Maller
June S.1996
Page 5
can be safely disposed on site or require off-site disposal. Disposal of generated material
is the client's responsibility. Due to the unknown soil and rinsate water characteristics,
this proposal cannot include a fee estimate for services beyond containment of soil cuttings
and rinsate water. As necessary, and if authorized for additional services, ATEC will
assist in securing proper disposal.
2.4 Chemical Analysis
One soil sample will be collected from each boring in the area of the AST from the
interval exhibiting the greatest potential for containing impairment and will be submitted
for laboratory analysis for benzene, toluene, ethylbenzene, xylene (BTEX) using SW-846
Method 8240 and polynuclear aromatic hydrocarbons(PNAs) using SW-846 Method 8310.
In addition, groundwater samples will be collected from each of the two borings and
analyzed for BTEX and PNAs. If the two additional borings are installed, soil and
groundwater samples will be collected and analyzed for BTEX and PNAs.
One soil sample will be collected from each boring in the area of the chrome polishing
operation to be submitted for laboratory analysis for TCLP RCRA Metals. In addition,
groundwater samples will be collected from each of the four borings and analyzed for
RCRA Metals.
The samples will be collected, preserved, and transported to a laboratory, using
appropriate quality assurance/quality control (QA/QC) procedures and chain-of-custody
protocols.
2.5 Report Preparation
A written report including methodologies, findings, interpretations, conclusions, and
recommendations will be prepared after the field work is completed.
SCHEDULE
ATEC is prepared to begin this project within one week of written authorization from the City of
Elgin; the project will be completed and a final report issued within five weeks of authorization.
Soil and water samples will be analyzed on a one-week turnaround basis, but can be expedited at
an additional cost.
COST ESTIMATE
Based on the limited site-specific information provided for this proposal, ATEC proposes to
complete the Phase I tasks at a fixed price of$1,900.00 and the Phase II tasks on a time and
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JUN-05-96 WED 17:06 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P, 02
Mt.R. MOM-
June S,Im
Page 6
materials basis not to exceed $5,435.00 On accordance with the attached unit rates) for a total
estimated project cost of$7,835.00. If the client requests that the COO be procured by ATEC,
an additional fee of$400.00 will be assessed, making the total estimated cost for the project
$8,235.00. Please notify us at the time of authorization if ATEC will be required to obtain the
COO.
If the scope of this project should differ from that specified in this proposal, the costs would be
modified to reflect those changes. however, this cost estimate will not be exceeded unless
unexpected conditions are encountered of the scope of the project is changed significantly. Any
changes in the work scope or costs will be approved by you prior to the implementation of such
changes.
CLIENT'S RESPONSIBILITIES
To effectively use all available resources, ATEC requests that the client provide timely access to
the site, accurate information on the site location, available site plans and construction records,
related site information, and a copy of the most recent real estate appraisal. An on-site escort may
'be deemed necessary by the Project Manager. ATEC will coordinate the site visit with your
office.
ATEC is pleased to have an opportunity to work with the City of Elgin on this project. If you
have any questions regarding this proposal or if we can be of further assistance, please do not
hesitate to contact us at (708) 916-7272.
Respectfully,
American Testing and Engineering Corporation
dba ATEC Associates, Inc.
B ryan l Everett /Ply Kurt Winters
Senior Project Manager Senior Project Manager
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PHASE I1 COST BREAKDOWN `Tr
56 WATER STREET M
SOIL AND GROUNDWATER SAMPLING
JUNE 5 D% T ESTIMATED d
UNIT NUMBER OF
TASK DESCRIPTION ITEM UNIT RATE UNITS TOTALS rn
2 Install 8 geoprobe borings to 15 teat or untIl groundwater Is Subcontractor Costs
encountered. CoNect groundwater samples It groundwater Geo robe.Labor&Material LUMP Sum $/,840.00 1 $I b40.00
Is encountered.
ATEC Costa
Senior Pro of Manager Per Hour $80.00 3 $240.00 M
Pro*t Geolo Ist Per Hour 566.00 20 $1,430.0 C--)
CAD Draftsman Per Hour $40.00 2 $80.00 �
Clerical Per Hour $50.00 1 $30.00 M
Heavy Truck TiansporWon Per Da $50.00 1 $60.00 On
Hnu OVM Per Da $66.00 1 65.00
BTEX Anal sia Sol Per Sam Is $60.00 4 $200.00 m
BTEX An al sla Water Per Sam p Is $50.00 4 $200.00
PNA Anal sls Boll Per Samp Is $115.00 4 $480.00
PHA Anat ala Water Per Sample $116.00 4 00 =
TCLP RCRA Metals Sall Per Sam le $175A0 4 $700 00 n
i RCRA Metals Water Per Sew le 1 $90.00 4 $380.00 =>
Shl n Per Sam le $1.00 �� 97)$Sam Is
$60.00 O
'Materials and Su Iles OPU 935.V
Phase It Cost
x
Phase 1 Cost $1,900.00
Chan of Title Gust
$400.00
0
Total Project` Cost $8,235.Da CJD
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