Loading...
HomeMy WebLinkAbout99-233 t Resolution No. 99-233 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ATC ASSOCIATES, INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR SOUTH GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 ATC Associates, Inc . for environmental consulting services for the clean-up of South Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: September 8, 1999 Adopted: September 8, 1999 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 18th day of June, 1999 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") , and ATC Associates, Inc. , an Illinois 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 the submittal of materials to the Illinois Environmental Protection Agency for reimbursement of expenses relative to the environmental clean-up of South Grove Avenue. Whereas, Consultant is an expert in the relevant environmental sciences, and desires to render 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 hereby agree as follows : 1 . Scope of Work --Consultant shall perform and direct the necessary qualified personnel to perform the services set forth under the ATC Associates, Inc. proposal, a copy of which are 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 City, Consultant shall be paid a fee for such services at the rate set forth in Exhibit A which is attached hereto and incorporated by reference herein. Said fee shall not exceed $6, 390 . 00 in total for all tasks combined. Said fee shall be payable within 60 days of receipt by City of an itemized invoice for services rendered by Consultant . 3 . Rights in Results of Services The results of Consultant' s services under this agreement shall be the exclusive property of City, 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 and shall be delivered to City 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. 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 services under this agreement . During the term of this agreement, Consultant shall not, without the prior written consent of City, perform services for any p-ersons, firm or corporation other than City if such services could foreseeably 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, not assume or create an commitment or obligation on behalf of nor bind - City in any respect whatsoever. Consultant shall provide City with a copy of each such written agreement . Prior to subcontracting, Contractor shall obtain prior written approval of the City for each individual subcontractor. City shall have the right to refuse approval of any subcontractor for any reason. 6 . Assignment Neither this agreement nor any of the rights or obligations hereunder may be assigned or otherwise transferred by 2 Consultant, nor shall the benefits of this agreement inure to the benefit of any trustee in bankruptcy, receiver or creditor of Consultant, except as may be required by law, whether by operation of law or otherwise, without the prior written consent of City. 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. Consultant has no authority to- assume or create any commitment or obligation on behalf of or t5-- bind City in any respect whatsoever. 8 . Licenses and Permits Consultant shall obtain any and all licenses and permits required by federal, state, or local statutes, regulations or -o-rdinances necessary for the performance of its services pursuant to this agreement . 9 . 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, but not limited to, occupational safety and environmental protection statutes and regulations) in performing services hereunder, and shall comply with any directions of governmental agencies and City relating to site safety, security, traffic or other matters . Failure to comply with this Section shall constitute a material breach of this agreement, and shall entitle City to terminate this agreement upon ten (10) days written notice without penalty to City. 10 . Indemnification of Client Consultant shall hold harmless and indemnify City from and against any and all suits, causes of action, claims for damages and any and all other liability arising out of or in connection with any alleged or actual negligent acts or performance of this agreement by Consultant or any third party against City. 11 . 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 as additional insureds . Consultant shall furnish to City of Elgin certified copy of such policies on or before July, 1999 . (3) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence . Consultant shall furnish to the City a Certificate of Insurance as evidence of such policy on or before July, 1999 . 12 . Right of Entry City shall provide for Consultant' s right to enter from time to time property owned by City or other (s) in order for Consultant to fulfill the scope of services, pursuant to the attached authorization form. 13 . Severability If any portion of this agreement, or application thereof to any person or circumstance, shall to any extent be deemed to be invalid, void, or otherwise unenforceable for any reason, 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 shall remain in full force and effect . 14 . Governing Law This agreement shall be subject to and governed by the laws of the State of Illinois . Venue for the resolution of any 4 disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois . 15 . Additional Provisions This agreement includes those additional provisions contained in Attachments I, II, III, and IV. 16 . 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 hereto with respect to such subject matter, and no additions 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. The terms and conditions set forth herein are accepted as—of this / day of S G Pr 1999 . CITY OF ELGIN ATC Associates, Inc . By: zu� By: Joyce A. Parker City Manager _ Title: �� C� Attest : Dolonna Mecum City Clerk 5 r EE-.17=9Z MON 15:59 CITY CF ELGIN/C 11 T Y MGR. FAX i`I0. 16479315610 P. 07 ATTACHMENT I Consultant Certified that : 1 . The undersigned fire 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 720 ILCS 5/33E-3 or E-AT . 3 . The undersigned firm certifies that the firm shall com- ply, where applicable, With the Prevailing Wage Act ( 820 ILCS 130/0 . 01, et seq. ) 4 . The undersigned fi_r(n certifies that the firm shall comply with the City' s contract compliance ordinance relating to Affirmative Action . By-. t Date. Ql rc-a�-.17--97, 10H 15:59 CITY Or i LG I1f/C I T Y i iGR, FAX NO. 16479315610 P. 08 ATTACij1,4ENT II City of Elgin CON'T'RACT COMPLIANCE ATTIRMATIVE ACTION INFORMATION To assure compliance with the City of Elgin ' s contract compli- ance ordinance, all contractors arid vendors , herein referred to as "bidders" , are requested to sub,tlit the following Affir- mative Action information : 1 • Work Force Analysis using T-he enclosed bidder ' s employee utilization form. 2 . Provide the information required by item n3 on the em- plovee 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 arid female to assure equal em - ployment opportunity. (A copy of the bidder' s affirmative action plan may be submitted in lieu of this requ i rement . } FEB-'l 7-97' MON 18:00 CITY OF ELGIN/CITY MGR. FAX NO, 18479315610 P, 09 /7rrICK,q e-c T 1 CITY OF ELGIN EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE The written comiliitinent required in item #4 of the "Bidder ' s Employee Utilization Form" shall : 1 . Set out the name and phone number of the bidder' s Affir- Mative Action Officer. 2 . Clearly identify the bidder' s recruitment area and the i percentage of minority and female in the area ' s popula- tion and labor force . 3 . Set out what the bidder has done and has set as goal to be done to recruit minority and female employees . 4 . Set out the bidder ' s specific goals to recruit minority and female for training programs or other similar oppor- tunities available through the bidder ' s organization. 5 . Indicate bidder ' s consent to submit to the City of Elgin upon request, statistical data concerning its employee composition and `recruitment efforts anytime during the term of the contract . 6 . Show bidder ' s consent to distribute, copies of the written commitment to all persons who participate in recruitment, screening, referral , selection and hiring of job appli- cants for the bidder . 7 . Clearly show that the bidder shall require all subcon- tractors , if any, to submit a written couunitinent meeting the above requirements or their affirmative action plan to the City of Elgin . 8 . Clearly state that the bidder agrees that : "Bidder shall not discriminate against any employee, or applicant for employment because of race, color, religion, sex, ancestry, national origin, place of birth, age or physical handicap which will not interfere with the performance of the job in question . " Joint Rent ing EQUAL EMPLOYMENT OPPORTUNITY 040K3"Fww 100 • Committee • �Empioymect EMPLOYER INFORMATION REPORT EEO-1 EMRM 110MI nttsa�Corn- 1998 100'x" • Office of Federal 11 'OF 11 Contract Compil- ance Programs(Labor) CO=851993 I Section A—TYPE OF REPORT Refer to instructions for number and types of reports to be filed. i. Indicate by marking in the appropriate box the type of reporting unit for which this copy of the form is submitted (MARK ONLY ONE BOX). Multi-establishment Employer. (1) ❑ Single-establishment Employer Report (2) ❑ consolidated Report(Required) (3) ❑ Headquarters Unit Report(Required) ' (4) ❑ Individual Establishment Report(submit one for each es- tablishment with 50 or more employees) (5) ❑ Special Report 2. Total number of reports being filed by this Company(Answer on Consolidated Report only) Section 5-COMPANY IDENTIFICATION(To be answered by al!employers) OFFICE 1. Parent Company 5E-Q.v l ZcS ONLY a. Name of parent company(owns or controls establishment in item 2)omit if same as label a. Address(Number and street) b. City or town State �p code c. 2. Establishment for which this report is filed.(Omit if same as label) a. Name of establishment C 1455bC�Ar ES NL d. Address(Number and street) City or Town County State ZIP code 7 r-t A3 L- AD T 100u)A)EAS &Zoo _�u PA(rE C_ (Q 6SI S e. b. Employer Identification No.(IRS 9-DIGIT TAX NUMBER) O g g 7 0 Y f. c. Was an EEO-1 report filed for this establishment last year? ED Yes 0 No Section C—EMPLOYERS WHO ARE REQUIRED TO FILE(To be answered by all employers) ❑ Yes _❑_No I. Does the entire company have at least 100 employees in the payroll period for which you are reporting? ❑ Yes ❑ No 2. Is your company affiliated through common ownership and/or centralized management with other entities In an enterprise with a total employment of 100 or more? ❑ Yes ❑ No 3. Does the company or any of Its establishments (a) have 50 or more employees AND (b) is not exempt as provided by 41 CFR 60-1.5,AND either(1)is a prime government contractor or first-tier subcontractor, and has a contract, subcontract, or purchase order amounting to $50,000 or more, or(2) serves as a depository of Government funds in any amount or is a financial institution which is an issuing and paying agent for U.S.Savings Bonds and Savings Notes? If the response to question C-3 is yes,please enter your Dun and Bradstreet identification number(if you have one): NOTE: If the answer Is yes to questions 1, 2, or 3, complete the entire form,otherwise skip to Section G. sF&nq 5199 3-1 Section D—EMPLOYMENT DATA Employment at this establishment—Report all permanent full-time and part-time employees including apprentices and on-the- job trainees unless specifically excluded as set forth in the instructions. Enter the appropriate figures on all lines and in all columns.Blank spaces will be considered as zeros. NUMBER OF EMPLOYEES OVERALL MALE FEMALE JOB TOTALS WHITE BLACK HISPANIC ASIAN OR AMERICAN WHITE BLACK HISPANIC AVIAN OR AMERICAN CATEGORIES (SUM Of (NOT OF (NOT OF PACIFIC INDIAN OR (NOT OF (NOT OF PACIFIC INDIAN COL B HISPANIC HISPANIC ISLANDER ALASKAN HISPANIC HISPANIC ISLANDER OR ALASKAN THRU K) ORIGIN) ORIGIN) NATIVE ORIGIN) ORIGIN) NATIVE A 8 C 0 E F G H I 1 K Officials and Managers i J Professionals 2 0 Technicians 3 lo- Sales Workers 4 . Office and i 1 Clerical 5 —1 Craft Workers (Skilled) 6 Operatives (Semi-Skilled) 7 Laborers (Unskilled) 8 Service Workers 9 TOTAL 10 Z 20 ( a Ig Total employment reported in previous EEO-t report li NOTE: Omit questions 1 and 2 on the Consolidated Report. i. Date(s)of payroll period used: 2. Does this establishment employ apprentices? 1 ❑ Yes 2 ❑ No Section E—ESTABLISHMENT INFORMATION (Omit on the Consolidated Report) 1. What is the major activity of this establishment? (Be specific, i.e., manufacturing steel castings, retail grocer, wholesale OFFICE plumbing supplies, title insurance, etc. Include the specific type of product or type of service provided, as well as the USE principal business or industrial activity.) ONLY g• Section F—REMARKS Use this item to give any identification data appearing on last report which differs from that given above, explain major changes in composition of reporting units and other pertinent information. Section G—CERTIFICATION (See Instructions G) Check 1 ❑ All reports are accurate and were prepared in accordance with the instructions (check on consolidated only) one 2 ❑ This report is accurate and was prepared in accordance with the Instructions. Name of Certifying Official Title Signature Date Name of person to contact regarding Address(Number and Street) this report(Type or print) Title City and State ZIP Code Telephone Number(Including Extension Area Code) All reports and Information obtained from individual reports will be kept confidential as required by Section 709(e)of Title VII. WILLFULLY FALSE STATEMENTS ON THIS REPORT ARE PUNISHABLE BY LAW, U.S. CODE, TITLE 18, SECTION 1001. FEB-17-97 NH 16:00 CITY OF ELG1N/C(TY MGR. FM NO, 1 047931 6610 F. 10 ATTACHMENT TIZ CITY Or ELGIN SEXUAL HARASSMENT POLICY The Consultant certifies that it has in writing sexual harass- ment policies that include, at a minimum, the following infor- mation : ( i ) the illegality of sexual harassment ; (ii ) the definition of sexual harassment- under state law; a description of sexual harassment, utilizing , examples ; ( iv) the vendor ' s internal complaint process including penalties ; ( v) the legal_ recourse, investigative an-� complaint process available- thr-6ugh the Illinois Department of Human Rights, and the Illinois Human Rights Commission; (vi ) directions on how to contact the department and commis- sion; (vii ) protection, against retaliation as provided by Section 6-101 of the Human Rights Act . A copy of the policies shall be provided to the Department of Human Rights upon request. F .A. 87-1257 . Sexual harassrnent .is defined as follows : "Sexual harassment" means any unwelcome sexual advances or requests for sexual favors or any - conduct of a sexual nature when ( 1 ) submission to such conduct is made either explicitly or implicitly a term or condition of an individu- al ' s employment, ( 2 ) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual , or ( 3 ) such conduct has the purpose cr effect of substantially interfering with an individual ' s work performance or creating an intimidating, hostile or offensive working environment . BY : Date:2 [ / Chicago Area Offices 2777 Finley Road, Unit 4 9839 Industrial Cour,, Suite 8 Downers Grove, Illinois Highland, Indiana 60515 46322 ATC 630.916.7272 219.922.7235 Fax 630.916.7013 Fax 219.922.7243 A S S O C I A T E S I N C x/ tT /J v1 711. 1 April 22, 1999 Mr. Raymond Moller Director of Business Services City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 RE: Reimbursement Request for Payment 206 South Grove Avenue Elgin, Illinois ATC Proposal Number 11-990435 Dear Mr. Moller: ATC Associates, Inc. (ATC) is pleased to submit to the City of Elgin(COE) this proposal for the above-referenced site. SCOPE OF WORK ATC appreciates the opportunity to submit this proposal to COE to respond to the Illinois Environmental Protection Agency (IEPA) letter dated 3/25/98 requesting additional information regarding reimbursement of$78,518.07. ESTL IATED COST The reimbursement billing package will be completed on a time and materials basis for an estimated cost of$3,19x.00. This cost estimate will not be exceeded without written authorization from COE. Attached is a proposal acceptance form necessary to complete the proposed scope of - work. AUTHORIZATION P � The cost outlined in our proposal will remain active for 60 days. If our proposal is not activated within 60 days, ATC reserves the right to modify the scope of work and/or costs for such work to reflect current conditions. 140n ATC will schedule and complete the project. P:\1 I\PROPOSAL\990435 ATC appreciates the opportunity to submit this proposal to the City of Elgin and looks forward to working m with you on this project. In the meantime, if you have questions regarding the inforation in this proposal or if we can be of further assistance, please do not hesitate to contact the ATC Downers Grove, Illinois, office at (630) 916-7272. Sincerely, ATC Associates Inc. rn- James M. Tate Senior Project Manager Cc: Roger M. Masson P:\1 I\PROPOSAL\990435 �;ity of Elgin i Summary of Reimbursement Requests by ATC Incident Date of Date of Total Total Total [Da eue Site Number Work Submittal Requested Approved Reimbursed te Comment -12/94 2/8/95 $5,953.75 $53892.55 $5,892.55 ?06 S. Grove 913687 -12/94 5/30/95 $113,496.17 $108,466.17 $108,466.17 -12/94 7/27/95 $2,264.51 $2,264.51 $2,264.51 City of Elgin has not authorized ATC to repond to (EPA's 3/25/98 letter for remaining $78,518.07 95-96 8/5/97 $78,518.07 Proposal#990435 Corrective Action Report needs to be completed before closure report submittal 96-98 Proposal#990436 210 S. G:--'9j 931019 -12/94 6/29!95 $208,339.89 $191,099.65 $191,099.65 95-96 8/5/97 $21,900.62 $21,900.62 $21,900.62 Correcrtive Action Remediation Report needs 96-98 to be completed for closure Proposal#990437 240 S. Grove 3689 -12/94 7 & 9/95 $338,632.02 $328,216.89 $328,216.89 95-96 8/5/97 $28,092.72 $28,092.72 $28,092.72 II Correcrtive Action Remediation Report needs 96-98 I to be completed for closure Proposal#990438 280 S. Grove 932566 -12/94 6/26/96 $35,546.20 $19,694.27 $19,694.27 -12/94 2/3/97 $21,108.25 $21,108.25 $21,108.25 Per Steve Bone 4/8/99 totals of $84,700.16 and -3/95 7/1/98 $138,757.91 $138,757.91 $138,757.91 $54,057.75 have been received. 3/95-4/96 7/2/98 $47,141.84 $47,141.84 $47,141.84 Proposal for reimbursement Proposal#Corrective Action Report needs to be completed before closure report submittal 96-98 Proposal!/990439 TOTAL $It,039,75.1.95 $912,635.38 $912,635.38 N:\11\50001\0000\Reign-rog:RESTATUS2 Page 1 RESTATUS2 1/27/99 APR 27'99 09:51 FR CHICAGO CHEM CONSULT 312 226 eeeG TO 16309167013 P.02/03 - - -J kJ Jo I P J14 1,-': 14 M C 11Y'OF ELG I VC i Ty rkZ FAX W. 18419315610 / P. 02/03 • -TLLrNOIS ENVIRONMENTAL PR40TECYTON• AGENCY / 1021 North Gfsnd Aomue Fes, P.O.s=ISZ76, Sp ff Vc,, jd,hair,,s 677.9¢9276 MRry A T Cadc,Dirt i N 217n82-6762 T- I�� � MAR 2 S � City of Elgin Attn: Robert O_Malin 150 Dexter Ct `� Elgin,Illinois 160120-5555 Re: 0834385193 —Kane Cou.,ity Elgin/Elgia,City of 206 So-Grove LUST Incident No.913687 LUST/Fi;aaI lt Dear Mr, Maim: ; -Your Application for Rcimburscrnert from the Leaking Undcrg ound Storage Tank(GUST)Fund for corrective action costs,WhsCh arcs r-,CClved on A UgUS, cannot rzvictiyed for the l following reasons; 7, 1997,cannot 1. Please provide day specific dsscri Lions of the .s F type of work pe..,o*zacd by eac,�C AT�C employee at their given billing rate A co of tize — PY Agcle¢s weekly personnel work��<d is r cncIoscd for your convenience. 2: Ia order Lo assess tl:e cffecti ver:ess of the current remedial sy-ern,pI cu:': t � analytical results from monitcrin weI is,inIluent epics,etc. As dis:.ussc3•ir:the M=rch 12, 1998 phone conversation bct•A•cea Mr.Blakc H---cis of the Ac acy ar:d M%Jim Tate of ATEC Associates,Inc,it appcars that the Iast r.�ort is tic Ag�cyS Tccbmjc I FiI� at `y docuincating the results of gmundwer analysis at the above roferrttccd site is dated Jul), ... -23, 1996- Additionally,please provide the date that the remedial system-vas placed into operatioa an9 an'est11natcd time to completion of rzrac-istion 3. The Zccbnic*report titled"Groundwater Corrective Action Update Rcoort Number•4". - propos-s a"soil sampling plan and soil criteria to achieve closurz basod on Tic.-cd . Assessment'9f Cleanup Objectives(TACO)once it becomes clear that groundwater has be rl successfully m-nediated.^ Please provide the status of the aoovc rtfer,=,Icec TACO evaluation_ Tlie Agency rcquiF=the above Lifotmation to complete the fmancial revie-w of you:aopIicatiorL To ensure timcZ},�roccssing of youc biia. gs,please provide the missing items�Zthin - datis of die date or,this letter- , i _ C M.itf es Qgel<t r„�,- t APP. 27'99 09:51 FR CHICAGO CHEM CCHSULT 312 226 8886 TO 16309167013 P.03iO3 iL• nJ r�i VIII (X L(-'Ir L;I I I lIUK rtu ftV. lcS4f�slnolU •- ' r. u.�i cis f Pagc 2 If you have any questions,plessc contact B121<e Hzrry at 217/782.6762. S izt�ly, Doug as E. Oaklcy,Nlana c g LUST Billing Audit Sub-Unit R=edial Frojccts Accounting&Pracum—me-r-t Unit DtvLSiOn of RernedLIdOrl M—Vtaoemcat T3 urcau of Land DEO:13H_bjh`982892.Fi7D 'r. 1 i t TOTAL PA.GE.E03 Chicago Area Offices 2777 Finley Road, Unit 4 9839 Industrial Court, Suite 8 Downers Grove, Illinois Highland, Indiana OATC 60515 46322 630.916.7272 219.922.7235 Fax 630.916.7013 Fax 219.922.7243 A S S O C I A T E S I N C April 22, 1999 Mr. Raymond Moller Director of Business Services City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 RE: Reimbursement Request for Payment 280 South Grove Avenue Elgin, Illinois ATC Proposal Number 11-990439 Dear Mr. Moller: ATC Associates, Inc. (ATC) is pleased to submit-to the City of Elgin(COE) this proposal-for the above-referenced site. SCOPE OF WORK ATC appreciates the opportunity to submit this proposal to COE to complete reimbursement packages for the above-referenced site for the dates of 4/96 through 12/98. The proposed scope of work consists of: • Completion of invoice affidavits for proof of payment. • Providing a Professional Engineer (PE) review and certification of the prepared package. ESTIMATED COST The reimbursement-billing package will be completed on a time and materials basis for an estimated cost of$3,195.00. This cost estimate will not be exceeded without written authorization from COE. Attached is a proposal acceptance form including a break down of the budget necessary to complete the proposed scope of work. AUTHORIZATION ,pfeeeet}. The cost outlined in our proposal will remain active for 60 days. If our proposal is not activated within 60 days, ATC reserves the right to modify the scope of work and/or costs for such work to reflect current conditions. , TC will schedule and complete the project. PM 1\PROPOSAL\990439 ATC appreciates the opportunity to submit this proposal to the City of Elgin and looks for-W ard to working with you on this project. In the meantime, if you have questi ons regarding the information in this proposal or if we can be of further assistance, please do not hesitate to contact the ATC Downers Grove, Illinois, office at (630) 916-7272. Sincerely, ATC Associates Inc. James M. Tate Senior Project Manager Cc: Roger Masson PM I\PROPOSAL\990439 :�ity of Elgin Summary of Reimbursement Requests by ATC Incident Date of Date of Total Total Total Queue site Number Work Submittal Requested Approved Reimbursed Date Comment -12/94 2/8/95 $5,953.75 $5,892.55 $5,892.55 206 S. Grove 913687 712/94 5/30/95 $113,496.17 $108,466.17 $108,466.17 _12/94 7127/95 $2,264.51 $2,264.51 $2,264.51 City of Elgin has not authorized ATC to repond to IEPA's 3/25/98 letter for remaining $78,518.07 95-96 8/5/97 $78,518.07 Proposal#990435 Corrective Action Report needs to be completed before closure report submittal 96-98 Proposalk990436 210 S. Grove 931019 -12/94 6/29/95 $208,339.89 $19"1,099.65 $191,099.65 95-96 8/5/97 $21,900.62 $21,900.62 $21,900.62 Correcrtive Action Remediation Report needs 96-98 to be f ompleted for closure Proposal#990437 240 S. Grove 913689 -12/94 7 & 9/95 $338,632.02 $328,216.89 $328,216-89 95-96 8/5/97 $28,092.72 $28,092.72 $28,092.72 Correcrtive Action Remediation Report needs 96-98 to be completed for closure Proposal#jand 280 S. Grove 932566 -12/94 6/26/96 $35,546.20 $19 694.27 $19 694.27 -12/94 2/3/97 $21,108.25 $21,'108.25 $21,108.25 Per Steve Bone 418199 totals of $84,70 -3/95 711/98 $138,757.91 $138,757.91 $138,757.91 $54,057.75 have been received. 3/95-4/96 7/2/98 $47,141.84 $47,141.84 $47,141.84 Proposal for reimbursement Proposal#Corrective Action Report needs to be completed before closure report submittal 96-98 Proposal#990439 TOTAL $1,039,751.95 $912,635.38 $912,635.38 ri Ni 1\-,nno1\0000\Reirn-roq RESTATU S2 Page t RESTATUS2 40-7/99 • City Of E g l rt Agenda Item No. May 20, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Professional Services Related to Submittal of Reimbursement Request to Illinois Environmental Protection Agency (IEPA) for South Grove Avenue Environmental Clean-up PURPOSE The purpose of this memorandum is to present to the Mayor and members of the City Council a proposal from ATC Associates, Inc. for consulting services related to the submittal of requests for reimbursement of expenses incurred by the City of Elgin related to the environmental clean-up of the South Grove riverboat site . BACKGROUND Since 1993 , the City of Elgin has received a total of $1, 172, 410 . 77 in expense reimbursements from the IEPA for expenses incurred in the environmental clean-up of the South Grove Avenue riverboat site . ATC Associates has been direct- ly involved in preparation of reimbursement requests to the IEPA that resulted in the receipt of $912, 635 . 58 of the total reimbursement received. Reimbursement requests have been submitted for expenses incurred through the month of April 1996 . ATC has submitted proposals for the submittal of additional reimbursement packages totalling approximately $158, 500 . The cost of professional services performed by ATC for these submittals is the following: Period Cost 1 . April 1996-December 1998 $3 , 195 (Operation, maintenance and treatment expenses totalling approximately $80, 000) 2 . IEPA-required additional information 3 , 195 relating to work performed at 206 S. Grove Avenue in 1995 and 1996 relat- ing to the $78, 518 . 07 reimbursement request Total $6 , 390 IEPA Reimbursement May 20, 1999 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. - FINANCIAL IMPACT Costs related to this expenditure would be charged to the South Grove TIF Fund, account number 260-0000-791 .45-99, project number 179511 . Adequate funds are available to cover this expense . LEGAL IMPACT �v None . ALTERNATIVES 1) Authorize expenditure and proceed with reimbursement request . 2) Choose not to proceed with reimbursement request and forfeit the opportunity to access the Leaking Under- ground Storage Tank Fund. RECOMMENDATION Authorize staff to prepare a Professional Service Agreement with ATC Associates, Inc. in the amount of $6, 390 . gcpectfully su tted, �2 , e tParker City Manager RHM:amp Attachment