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HomeMy WebLinkAbout04-23 Resolution No. 04-23 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH TERRACON, INC. FOR A PROPOSED ROUTE 20 TAX INCREMENT FINANCING DISTRICT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that pursuant to Elgin Municipal Code Section 5.02.020B(9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED that David M. Dorgan,City Manager,and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon, Inc., for environmental services for a proposed Route 20 Tax Increment Financing District, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: February 11, 2004 Adopted: February 11, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this llth day of February, 2004 by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) , and Terracon Consultants, Inc . , a Delaware Corporation (hereinafter referred to as "Consultant" ) . WHEREAS, the City has determined that it is in its best interest to obtain the assistance of an expert consultant to perform environmental site investigation at the north ninety (90) acres of the Elgin Mental Health Center Campus; and 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 following services for environmental site investigation at the north ninety (90) acres of the Elgin Mental Health Center Campus, here after referred to as the "Subject Properties" : A. Consultant agrees to provide the following services for the purpose of completing environmental investigation at the Subject Properties : 1 . Phase I Environmental Site Assessment 2 . Pre-demolition Asbestos Survey 3 , Comprehensive Geotechnical Site Assessment 4 . Environmental Soil and Groundwater Testing 5 . NFR Letter/Regulatory Coordination 6 . Project Management and Meetings Subparagraphs 1 through 6, inclusive, of this paragraph, shall hereafter be collectively referred to as the "Project . " B. All work hereunder shall be performed under the direction of the Director of Economic Development and Business Services of the City, hereafter referred to as the "Director" . C. Consultant shall perform the services for the Project as set forth in Exhibit A, entitled "Scope of Work, " attached to and incorporated into this Agreement, in the following order: Task 100—Phase I Site Assessment Task 200—Pre-Demolition Asbestos Survey Task 300—Comprehensive Geotechnical Site Assessment Task 400—Environmental Soil and Groundwater Testing Task 500—NFR Letter/Regulatory Coordination Task 600-Project Management and Meetings Consultant agrees that John Nardozzi shall serve as the principal in charge and senior program manager with overall responsibility for Project direction and quality control for consultant services pursuant to this Agreement . D. Consultant shall commence with the services to be provided pursuant to this agreement upon the execution of this Agreement and Consultant shall complete such services as soon as reasonably practicable . 2 . FEE For the services provided by the Consultant the Consultant shall be reimbursed at the Consultant' s hourly rate of its personnel employed on the project as set forth in Exhibit B attached to and incorporated into this Agreement, with the total fees to be paid to the Consultant not to exceed $84 , 972 . 00 regardless of the actual time expended or actual costs incurred by the Consultant . Invoices will be issued to the City monthly itemizing the staff categories, hours worked, rates and other direct costs associated with the work. 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 2 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. 3 . 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 persons, firm or corporation other that City if it is foreseeable that 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, 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, Consultant 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 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 3 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 to 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 ordinances 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. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement . 4 11 . CONSULTANT' S INSURANCE Consultant shall obtain and maintain the following policies of insurance : A. Worker' s compensation and occupational disease insurance in amounts required under the laws of the State of Illinois; B. 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 insured. Consultant shall furnish to City of Elgin Certificate of Insurance of such policies on or before the commencement date of this Agreement . C . 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 the commencement date of this Agreement . 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 disputes or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois . 5 15 . TERMINATION OF AGREEMENT Notwithstanding any other provisions hereof, the City may terminate this Agreement at any time upon fifteen (15) days written notice to the Consultant . 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 llth day of February, 2004 . CITY OF ELGIN TERRACON CONSULTANTS, INC. By: e �`/t - By ..� �� ito David M. Doran .hn M. Nardozzi City Manager -nior Project Manager Attest : netA/Y-et- LIV Dol.nna e•u �. Ci Y lerk ":\Legal D pt\Agreemen \Terracon SA-EMHC.doc 6 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 Exhibit A SCOPE OF WORK The subject site is a portion of the Elgin Mental Health Center located at the southwest corner of US Route 20 and IL 31 in Elgin, Illinois. The site to be evaluated under this scope of work is approximately 65 acres and includes a total of ten structures, parking lots, sidewalks and steam tunnels. The buildings associated with the central heating plant are not included in the scope of work. Terracon understands that the site is currently owned by the State of Illinois and that the City intends to acquire the property for the purposes of site redevelopment for a warehouse facility, office building and parking lots. The site, in its present form is shown on Figure 1; Figure 2 presents a preliminary conceptual plan of the improvements anticipated to be constructed. Terracon's anticipated scope of service to facilitate redevelopment of the Elgin Mental Health Center will encompass the following tasks: Task 100— Phase I Environmental Site Assessment The Phase I Environmental Site Assessment (ESA) will be performed in general accordance with the consensus document known as ASTM E 1527-00, a guide for conducting environmental site assessments. The purpose of this ESA is to assist the client in developing information to identify recognized environmental conditions (RECs) in connection with the site as reflected by the scope of this proposal. Physical Setting The physical setting for the site will be described based on a review of the applicable USGS topographic quad map, FEMA flood map, USDA soil survey and selected geologic reference information. Historical Use Information A review of selected historical sources, where reasonably ascertainable and readily available, will be conducted in an attempt to document obvious past land use of the site and adjoining properties back to 1940 or when the site was initially developed, whichever is earlier. One or more of the following selected references, depending on applicability and likely usefulness, will be reviewed. Prior reports and land title records including environmental liens and activity and land use limitations will be reviewed, if provided by the client. 2 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 • USGS topographic maps • Aerial photographs (approximate 10 to 15 year intervals) • City directories (approximate 5 year intervals) • Fire (Sanborn) insurance maps • Prior reports (to be provided by the client) • Site tax assessor files • Site land title records (to be provided by the client) • Zoning records If the client is unable to provide land title records, an abstract firm may be contracted by Terracon to develop a chain-of-title from a review of land title records for an additional fee. Note, however, unless specifically requested within three days of project commencement, Terracon will rely on the client to provide land title records. A review of building department records is excluded from the scope of services for this ESA. Regulatory Records Review Consistent with ASTM E 1527-00, outlined below are the following federal and state databases, where applicable, which are typically reviewed for indications of recognized environmental conditions, and the approximate minimum search distance of the review from the nearest property boundary. A database firm will be subcontracted to access governmental records used in this portion of the assessment. Determining the location of unmapped facilities is beyond the scope of this assessment. Z.a9aa� ter' t# � �� Federal NPL Site List 1.0 mile Federal CERCLIS List 0.5 mile Federal RCRA Corrective Actions (CORRACTS)/TSD 1.0 mile Federal RCRA Non-CORRACTS/TSD Facilities List 0.5 mile Federal RCRA Generators List 0.1 mile Federal ERNS List Site Only State Lists of State Equivalent NPL Facilities 1.0 mile State Equivalent CERCLIS Facilities 0.5 mile State Landfill and/or Solid Waste Facilities 0.5 mile State Leaking UST Lists 0.5 mile State Registered UST Lists 0.1 mile In addition to the database review, a reasonable attempt will be made to interview at least one staff member of the local fire department, the local health agency, or the local 3 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 environmental agency. As an alternative, a written request for information may be submitted to the local agency. If the results of the regulatory records review/local agency inquiry appear to warrant a review of applicable regulatory agency files, a cost estimate will be provided to the client for pre-approval. Please note that all requested files may not be available from regulatory agencies within the client's requested project schedule. Site and Adjoining/Surrounding Property Reconnaissance A site reconnaissance will be conducted to identify recognized environmental conditions. The reconnaissance will consist of visual observations of the site from the boundaries and selected interior portions of the site. The site reconnaissance will include, where applicable, an interview with site personnel who the client has identified as having knowledge of the uses and physical characteristics of the site. Pertinent observations from the site reconnaissance will be documented including: • Site description (including a description of occupants) • General site operations • Aboveground chemical or waste storage • Visible underground chemical or waste storage, drainage or collection systems • Electrical transformers • Evidence of releases (i.e. hazardous substances, petroleum products) The adjoining property reconnaissance will consist of visual observations of the adjoining/surrounding properties from the site boundaries and public right-of-ways. Report Preparation Three copies of a final report will be submitted that present the results of the Phase I ESA, based upon the scope of services and limitations described herein. Recommendations will be provided in the final report. Identified historical recognized environmental conditions will be distinguished from identified current recognized environmental conditions, if applicable. Task 200 - Pre-Demolition Asbestos Survey ACM Site Work Terracon will mobilize a State of Illinois licensed asbestos Building Inspector to conduct an asbestos survey as required by US Environmental Protection Agency (USEPA) regulation 40 CFR Part 61, National Emissions Standards for Hazardous Air Pollutants (NESHAP). 4 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 Terracon will conduct a pre-survey meeting with personnel familiar with the facility to discuss site history with respect to ACM. The pre-survey meeting will also include review of any available ACM sampling reports or abatement documents, if available. Terracon will conduct a visual assessment of each building (10 total) to identify materials suspected of containing asbestos (suspect ACM) such as thermal system insulation, surfacing materials, and miscellaneous materials (e.g.,floor tiles). Suspect materials will be physically assessed for friability and evidence of damage or degradation. Samples of suspect ACM will be collected for laboratory analysis. Bulk sample collection will be conducted in general accordance with the protocols outlined in USEPA 40 CFR 763.86 (AHERA). Some isolated damage to building materials will occur during sampling; however, Terracon will attempt to limit such damage to the extent necessary for sample collection. The scope of the survey will be confined to rooms and areas accessible on the day the survey work is conducted. Sampling cannot be conducted in rooms or areas that are not made available for inspection, and will not be conducted if the materials are inaccessible due to physical barriers, confined spaces or if they cannot be safely reached with available ladders/man lifts, etc. Terracon will sample the roofing system only with written permission from the owner. Terracon will sample the roofing only if reasonable access can be obtained (e.g., on-site building ladder, etc.). Terracon personnel will patch the sample penetrations. Terracon makes no warranty as to the performance of the roof patch. For the purposes of this proposal, Terracon has assumed the asbestos survey work for the ten on-site dormitory and related buildings can be conducted in five days and that the scope will include the collection and analysis of up to 370 samples. Terracon assumes that the heating plant will not be included in the base survey work as it may remain in place following site redevelopment. Laboratory Analysis An accredited laboratory will analyze bulk material samples by visual estimation using polarized light microscopy (PLM). When friable PLM samples are greater than zero (>0) but less than 10% asbestos, USEPA regulations require that the sample be re-analyzed using the more quantitative point counting technique, or that the material be considered ACM and subject to NESHAP regulations. For the purposes of this proposal, the "stop analysis" procedure will be utilized. If the first sample from a homogeneous area is determined to be asbestos containing, the remaining samples from that homogeneous area will not be analyzed. 5 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 If PLM analysis reveals the presence of asbestos in concentrations less than 10 percent, Terracon will contact the client to discuss the merits of point count analysis. Client approval will be obtained before authorizing re-analysis if additional cost will be incurred. Asbestos Survey Report Terracon will prepare a written report describing the sample methodology and the results of the survey. The report will describe the number, type and location of building material samples collected the analytical results, the estimated quantity and the condition of the materials identified as ACM. Three copies of the final report will be submitted to the City. Task 300—Comprehensive Geotechnical Site Assessment The objective of the comprehensive geotechnical evaluation is to obtain subsurface data needed for the design of building foundations, pavements, and site earthwork for the proposed warehouse/office building. Terracon views this step as an important component of the overall site development process. As you are aware, Terracon completed a preliminary geotechnical exploration for this site and presented the results in our report dated December 16, 2003. The scope of work outlined herein is based on our knowledge of local subsurface conditions and experience with similar projects in the vicinity. Field Program Terracon proposes to perform a total of sixty-one (61) borings for this project at accessible locations spaced on a more or less uniform grid spacing in the warehouse footprint and at selected representative locations in the proposed pavement and detention pond areas. We propose to drill a total of 28 borings in the building area and 5 borings in detention pond areas. Each of these borings would extend to a depth of 15 feet below existing grades (or auger refusal, whichever is shallower) to evaluate soil conditions. A total of 28 borings, each to a depth of 10 feet (or refusal, if shallower) will be drilled in the proposed parking lot and drive areas. Sampling will be in accordance with our standard procedures wherein Shelby tube samples (ASTM D-1587) or split-barrel samples (ASTM D-1586) are obtained. Four samples will be obtained in the upper ten feet of each boring and at intervals of five feet after. Once the samples have been collected and classified in the field, they will be placed in appropriate sample containers for transport to our laboratory. Terracon assumes that the boring locations will be accessible for standard truck- mounted drilling equipment and that a surveyor (under separate contract with the client) will layout the borings. The proposed services do not include services associated with 6 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 site clearing, wet ground conditions, landscape damage or location of underground utilities beyond contacting a "one-call" locate service. If such conditions are known to exist on the site, Terracon should be notified so that we may adjust our scope of services and fee, if necessary. For safety purposes, all borings would be backfilled immediately after their completion. Excess auger cuttings would be disposed of on the site. Because backfill material often settles below the surface after a period of time, we recommend the boreholes be checked periodically and backfilled if necessary. We could provide this service at your request or grout the holes for an additional cost. Laboratory Testing The samples will be tested in our laboratory to determine physical engineering characteristics. Testing will be performed under the direction of a geotechnical engineer. For this project and the anticipated subsurface conditions, the following testing program is proposed: SHELBY TUBE SAMPLES SPLIT-BARREL SAMPLES Visual Classification Visual Classification Moisture Content Moisture Content Dry Unit Weight (Density) Unconfined Compressive Strength (QP)- If Unconfined Compressive Strength/ Cohesive (Qu or QP) In addition, we propose to collect bulk samples and perform two (2) laboratory compaction tests (Standard Proctor). Three (3) representative samples will be tested for pH and resistivity to help evaluate soil corrosivity. Engineering Report The results of the field and laboratory programs will be evaluated by a professional geotechnical engineer licensed in the State of Illinois. Based on the results of our evaluation, an engineering report will be prepared that details the results of the testing performed, provides logs of the borings, and a diagram of the site/boring layout. The report will provide recommendations that address the following: • Computer generated boring logs with soil stratification based on visual soil classification; • Summarized laboratory data.; • Site water levels observed during and after drilling; 7 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 • Boring location plan; • General project description; • Subsurface exploration procedures; • Site conditions (existing); • Soil conditions (existing); • Recommended allowable bearing pressure for footing foundations; • Total and differential settlements for footing foundations; • Lateral earth pressures and drainage for below grade walls(as applicable); • Backfill and soil compaction criteria; • Pavement subgrade parameters and typical pavement sections; • Site (subgrade) preparation/earthwork recommendations; and • Construction considerations. Three copies of the final report will be submitted that present the results of our geotechnical work, based upon the scope of services and limitations described herein. Task 400— Environmental Site Investigation Work Plan Upon completion of the Phase I ESA report, a work plan will be developed, if necessary, to investigate specific recognized environmental conditions (RECs) that may be identified during the preparation of the Phase I. The work plan will be developed in accordance with the Illinois SRP requirements and will identify sampling procedures, laboratory analytical methods, and quality control methods for the work. This proposal assumes that the RECs to be investigated are typical of issues related to soil and groundwater concerns such as those that may be present based on underground storage tanks, impact of lead based paint and or asbestos on site soils, typical vehicle maintenance and repair activities, or other similar items. If additional RECS, or those that are more complex in nature, are identified, then the scope of work for the site investigation may require modification. The City will be notified prior to initiating site investigation work for such out of scope RECs. A site-specific Health and Safety Plan (HASP) will be prepared to conduct the field investigation activities. The HASP will be used by Terracon field personnel to guide drilling and sampling activities. The HASP will provide a list of emergency telephone numbers and directions to the nearest medical facility in the event of an accident. Terracon will utilize the Phase I findings to determine the location of proposed soil and groundwater sampling locations to assess potential contamination source areas. In 8 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 developing the work plan, Terracon will consult with the City to determine if the City desires to pursue a Comprehensive or Focused Site Investigation. A comprehensive site investigation is performed to obtain a No Further Remediation (NFR) letter that is the least restrictive in terms of site conditions and/or limitations. Soil and Groundwater Assessment Terracon will utilize generally accepted environmental sampling procedures to assess current site conditions including advancement of soil borings and installation of groundwater monitoring wells. For the soil investigation, GeoProbe sampling will be conducted as a means of maximizing the production rate of field sampling activity. Based on the limited available preliminary information regarding the site, Terracon has based its cost proposal on completing a total of 20 soil borings at the site. Analytical will be performed for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), priority pollutant metals (13), and pesticides/PCBs. Further, to fully assess the site, Terracon will obtain key data to conduct a Tier 2 TACO evaluation including soil pH, total organic carbon (foc), reactive sulfide and reactive cyanide. The proposed suite of analytical parameters will be reviewed after completion of Tasks 1 and 2 to confirm its suitability for the site based on additional information obtained. Assessment of groundwater conditions is anticipated to be necessary based on information known about the site history. To characterize groundwater quality and flow direction, Terracon will construct and develop monitoring wells, obtain water level measurements and collect groundwater samples. Based on the size of the parcels, Terracon has estimated the need for six monitoring wells. One round of samples is included in the proposed scope of services. Standard site characterization methods and field procedures will include: • Notification of JULIE, the utility locating service, to identify utilities at the site prior to initiating drilling activities. Terracon will also consult with other knowledgeable parties, who may have information regarding private on-site utilities, if available. • Soil screening protocols will include use of a photoionization detector (PID) combined with olfactory and visual screening to select subsurface soil samples. • Soil cuttings generated during GeoProbe sampling will be returned to the boreholes to minimize waste disposal costs. For monitoring well installation, soils and purge water will be containerized and disposed of on a unit cost basis. • Analytical methods will be in accordance with SW-846 methods; all analytical work will be performed by an accredited laboratory. • Terracon expects to utilize Level D personal protective equipment when conducting field investigation work. 9 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 Site Investigation Report Terracon will prepare a Site Investigation Report (SIR) to address recognized environmental conditions and assess the constituents of concern that are identified during the site investigation activities. The SIR will describe field methods and procedures implemented along with analytical results from soil and groundwater samples in order to characterize the lateral and horizontal extent of contamination at the site. The SIR will be prepared in a manner consistent with the SRP regulations (35 III. Adm. Code Part 740). As part of the SIR, analytical data will be compared to TACO Tier 1 soil remediation objectives to complete a Tier 1 screening. The screening will indicate areas of the site that exceed residential clean up standards and highlight those areas where additional assessment by a Tier 2 TACO assessment may be beneficial. Task 500— NFR Letter/Regulatory Coordination From the outset of the project, Terracon will continue to develop and refine a site closure strategy that is consistent with the site redevelopment objectives and will assist the City in pursuing a No Further Remediation (NFR) letter. The strategy will begin by proceeding toward a comprehensive site investigation and continue its development as more environmental data is obtained. As the investigation progresses, Terracon will work with the City to help shape the redevelopment plan if necessary to minimize the cost of remediation efforts. For example, if contamination is prevalent in an area that can be used for parking instead of greenspace, Terracon will provide input to utilize the area for the parking and integrate the asphalt pavement as an engineered barrier. Terracon's proposed services include preparation of SRP enrollment forms for each site and submittal of the reports and documents discussed herein. It is assumed that the City will directly pay the SRP enrollment fees and review costs invoiced by the IEPA. The focus on obtaining an NFR will also be accomplished by routine coordination with the IEPA Project Manager. Two project meetings and routine telephone contacts have been included in the proposed budget to assist in these coordination efforts. Terracon has considerable experience working with the IEPA and has a strong professional relationship with most of the key personnel. Much of this experience is directly related to other Elgin sites, both those enrolled in SRP and the LUST section. By maintaining strong communication with IEPA, the project will benefit by keeping review times under control and taking advantage of new or emerging techniques. Also, since several previous projects have been prepared by Terracon employees, all deliverables 10 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 submitted to the IEPA will benefit from an understanding of prior Agency review comments. Task 600 — Project Management and Meetings To facilitate and expedite the work, Terracon will be in regular communication with City personnel to ensure that the environmental aspects of the project are coordinated with other development plans. Terracon will attend three meetings with the City during the course of the project to facilitate such communication. Project management activities will include review and tracking of project costs against the budget, maintenance of the project schedule, and assignment of personnel to specific tasks. As part of this task, the Terracon Project Manager will prepare timely invoices and keep the City informed of its progress regarding expenditure of the budget. If additional work items are identified that are not within the proposed scope of services, Terracon will bring these items to the attention of the City in advance for their consideration of a change order. In-house and Subcontracted Services Terracon has all necessary resources to undertake this project using existing in-house technical and support staff. Services that will be subcontracted, and our proposed subcontract firms, are listed below: Analytical Laboratory: First Environmental Labs, Naperville, IL— Environmental analytical testing STAT Analysis Corp, Chicago, IL— Asbestos sample analysis Environmental Drilling Services: Enviro-Dynamics, Hobart, IN (Geoprobe sampling) Services Not Included The following services may be beneficial for the evaluation of environmental conditions, assessment of specific business environmental risks at the site, or may be necessary to obtain a No Further Remediation letter for the site. Based on our understanding of the City's current needs, these services have not been included as part of the scope of services for this project. Please note that this list is not all-inclusive. If you seek additional services, please contact us for a supplemental proposal and cost estimate. 11 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 • Radon Potential Records Review • Limited Radon Testing • Wetland Determination • Limited Lead in Drinking Water Testing • Indoor Air Quality Assessment • Threatened/Endangered Species Review • Historical Significance Review • Preparation of Remedial Objectives Report or Remedial Action Plans • Remediation design, remediation oversight or actual remediation activities • Asbestos abatement design services, abatement oversight or actual abatement work Schedule Services will be initiated upon receipt of the written notice to proceed. The final Phase ESA report and asbestos survey reports will be submitted within 30 business days of receipt of your written notice to proceed assuming site access can be obtained within three days. The site investigation services are anticipated to require approximately three weeks to complete. The site investigation will be initiated upon completion of the Phase I ESA. We estimate the final geotechnical report can be completed within about three weeks after the soil borings are completed. In situations where the client requires information prior to submittal of our report, we can provide verbal information or recommendations for specific project requirements after we have completed our field and laboratory programs. In order to comply with the proposed schedule, the following items are required to be provided by the client at the time of notification to proceed in order to meet the client's required project completion date. Please include the following requested items along with the provided checklist: • Right of entry to conduct the assessment, including access to building interiors • Notification of any restrictions or special requirements (such as confidentiality) regarding accessing the site • An accurate, legal description and a diagram of the site such as a surveyor's plat map or scaled architect's drawing (if such diagrams exist) • Current site owner, property manager, occupant information (including tenant list), and contact information for persons knowledgeable about the site history including current and historical use of hazardous substances, and petroleum products on site (e.g. names, phone numbers, etc.) 12 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 • Any information relating to known or suspect environmental conditions at the site • Information about environmental liens and activity and use limitations for the site, if any • Specialized knowledge or experience that is material to RECs in connection with the site, if any • Any knowledge that the purchase price of the site is significantly less than the purchase price of comparable properties • Land title records Please note that requested regulatory files or other information may not be provided to Terracon by the issuance date of the report. Consideration of information not received by the issuance date of the report is beyond the scope of this ESA. Reliance The reports will be prepared for the exclusive use and reliance of the City of Elgin. Reliance by any other party is prohibited without the written authorization of the City of Elgin and Terracon. If the client is aware of additional parties that will require reliance on the reports, the names, addresses and relationship of these parties should be provided for Terracon approval prior to the time of authorization to proceed. Terracon will grant reliance on the reports to those approved parties upon receipt of a fully executed Reliance Agreement (see attached Reliance Agreement). If, in the future, the client and Terracon consent to reliance on the work by a third party, Terracon will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of $250.00 per relying party. Reliance on the reports by the client and all authorized parties will be subject to the terms, conditions and limitations stated in the Agreement (and sections of this proposal incorporated therein), the Reliance Agreement, and Reports. Scope and Report Limitations The findings and conclusions presented in the final reports will be based on the site's current utilization and the information collected as discussed in this proposal. Please note that we do not warrant database or third party information (such as interviewees) or regulatory agency information used in the compilation of reports. Site assessments, such as the one proposed for this site, are of limited scope, the Phase I ESAs are noninvasive and cannot eliminate the potential that hazardous, toxic or petroleum substances are present or have been released at the site beyond what is 13 City of Elgin Elgin Mental Health Center Terracon Proposal No.P040099 February 4,2004 identified by the limited scope of this site assessment. In conducting the limited scope of services described herein, certain sources of information and public records will not be reviewed. It should be recognized that environmental concerns may be documented in public records that are not reviewed. The Phase I ESA does not include subsurface or other invasive assessments, business environmental risk evaluations or other services not particularly identified and discussed herein. No environmental site assessment can wholly eliminate uncertainty regarding the potential for recognized environmental conditions. The limitations herein must be considered when the user of this report formulates opinions as to risks associated with the site. No warranties, express or implied, are intended or made. 14 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 Exhibit B FEE PROPOSAL The costs presented assume conditions and work quantities that that may require adjustment and modification during the development of the project. The costs presented have been estimated based on typical conditions that may be encountered at an hospitaVresidential site in an urban setting. Actual site conditions may vary significantly, and the extent of environmental investigation and remedial planning work may be less than or greater than that presented here. Terracon's proposed project budget is presented on the following tables: Table 1 provides a project cost summary by task and Table 2 provides the breakdown of the analytical work and includes unit costs for each laboratory service. Table 3 provides Terracon's environmental services fee schedule. 1 Table 1 Cost Estimate Elgin Mental Health Center Elgin,Illinois Terracon Proposal No. P040099 Prepared for: City of Elgin _. 1,_<� zt1e r4., ', .,. _.[�, •', s ..;.:.:. ,...,.._. ::,.- s ,. -�-w�, .,t: .., .:; .tee s,... _„- - .._,, __ u_. r P ._ .... Task 100 Phase I ESA Terracon Labor Personnel Rate Est.Hrs Project Mgmt./Rev of Docs J.Nardozzi Senior Project Manager $130.00 1 $130 On-site Recoonnaisance T.Forman Staff Professional $75.00 16 $1,200 B.Swick Project Professional $100.00 4 $400 Research T.Forman Staff Professional $75.00 10 $750 Report Preparation T.Forman Staff Professional $75.00 20 $1,500 B.Swick Project Professional $100.00 4 $400 K.Riedesel CADD Tech I $45.00 3 $135 Other Direct Costs Database EDR 1 Site $200.00 1.15 $230 Vehicles 3 Days $50.00 1.00 $150 Subtotal-Task 100 $4,895 Task 200 Asbestos/LBP Survey-Pre-Demolition Terracon Labor Personnel Category Unit Rate Est.Hrs Project Mgr. J.Nardozzi Senior Project Manager/Pro $130.00 2 $260 Pm Demo Survey&Sampling G.Jacobs Project Professional $100.00 6 $600 D.Banker Asbestos Inspector $65.00 40 $2,600 Report Preparation G.Jacobs Project Professional $100.00 6 $600 D.Banker Asbestos Inspector $65.00 24 $1,560 R.Millbrath Senior Project Manager/Pro- $130.00 3 $390 K.Bowman Clerical/Admin $45.00 2 $90 Ana ical Bulk ACM Samples 370 EA $8.70 1.15 $3,702 Lead Based Paint 0 EA $10.00 1.15 $0 Other Direct Costs Vehicles 5 Days $50.00 1.00 $250 Subtotal-Task 20 • 0 $10,052 Task 300 Comprehensive Geotechnical Site Assessment Geotechnical Field Exploration 61 Borings(total footage 775 ft.)using Standard Truck Rig) $12,000 - Laboratory Analysis Geotecnical Soil Samples $4,000 Engineering Supervision and Report $4,000 Subtotal-Task 300 $20,000 Task 400 Environmental Site Investigation-Soil and Groundwater Assessment A. Work Plan TERRACON Labor Personnel Rate Est.Hrs Principal W.Thayer $135.00 0 $0 Sr.Project Manager J.Nardozzi $130.00 4 $520 Project Professional E.Powley $100.00 2 $200 Senior Professional P.Williams $85.00 8 $680 Clerical/Admin K.Bowman $35.00 2 $70 In-House ODCs 4.00%Dir.Labor 1.0 $59 Subtotal Task 400A $1,529 P040099-Elgin Mental Health.Cost 1 Terracon Proposal No P040099 Cost Estimate Elgin Mental Health Center Elgin,Illinois Terracon Proposal No. P040099 Prepared for: City of Elgin B. Environmental Site Investigation-Soil and Groundwater Assessment Soil Borings Monitoring Wells Elgin Mental Health Center 20 6 Scope: Three(3)days field investigation effort for soil boirings,one(1)day for monitoring well installation,one(1)day for well survey and sampling,and one(1)day for utility location and boring location. Total six(6)days field effort. GeoProbe borings drilled to max.depth of 16 ft. One sample collected per boring Soil analytical for VOCs,SVOCs,Priority Pollutant Metals,pesticides/PCBs,pH Investigation data includes assessment of key TACO evaluation parameters including soil and water pH,total organic carbon, reactive sulfide and cyanide. Wells constructed of 2-in dia.PVC materials. Wells installed to depth of 20 ft. One round of ground water samples,(i.e.one sample per well). GW analytical for VOCs,SVOCs,priority pollutant metals,pesticides/PCBs,pH Level D health&safety protocol TERRACON Labor Personnel Rate Est.Hrs Principal W.Thayer $135.00 0 $0 Sr.Project Mgr. J.Nardozzi $130.00 6 $780 QNQC,Coordination E.Powley $100.00 10 $1,000 Senior Professional P.Williams $85.00 60 $5,100 Staff Professional T.Forman $85.00 8 $680 Health&Safety D.Moon $85.00 2 $170 Clerical/Admin K.Bowman $35.00 4 $140 Other Direct Costs Soil Borings(GeoProbe rig)- 3 Days $1,200.00 1.15 $4,140 Envirodynamics Mon Well Install(HSA rig) 6 Wells $650.00 1.15 $4,485 Analytical Services 1 Units $15,056.00 1.00 $15,056 (Table 4) Disposal-RS Used Oil 6 Drums $125.00 1.15 $863 Field Expendables 6 Days $75.00 1.00 $450 PID 6 Days $75.00 1.00 $450 Survey Equipment 1 Days $75.00 1.00 $75 Field Vehicles-Truck 6 Days $50.00 1.00 $300 Subtotal-Task 400B $33,689 C. Site Investigation Report SIR prepared for submittal to IEPA Site Remediation Program 2 copies of draft report furnished for review;4 copies of final report for submission SRP Enrollment fee and agency costs are not included. TERRACON Labor Personnel Rate Est Hrs. Principal W.Thayer $135.00 2 $270 Sr.Project Manager J.Nardozzi $130.00 12 $1,560 Review,QNQC E.Powley $100.00 8 $800 Senior Professional P.Williams $85.00 30 $2,550 Staff Professional T.Forman $75.00 8 $600 CADD Tech.II C.Schaefer $60.00 8 $480 Admin Support K.Bowman $35.00 6 $210 Other Direct Costs Vehicles 2 Days $50.00 1.0 $100 In-house ODCs 4.00%Dir.Labor 1.0 $259 Subtotal-Task 400C $6,829 , Tota/Labor Effort .' • , , . 180 Total Site Investigation-Task 400 $42,046 P040099-Elgin Mental Health Cost 2 Terracon Proposal No P040099 Cost Estimate Elgin Mental Health Center Elgin,Illinois Terracon Proposal No. P040099 Prepared for: City of Elgin Task 500 NFR Letter/Regulatory Coordination Assume 2 meetings(on-site)with TEPA personnel. Work includes preparation of SRP enrollment application,coordination and follow up with regulatory personnel. TERRACON Labor Personnel Rate Est.Hrs Sr.Project Mgr. J.Nardozzi $130.00 16 $2,080 Senior Professional E.Powley $100.00 8 $800 Clerical/Admin K.Bowman $35.00 z $70 Total` b�'E1,y p C .n � 3» s §;t•r`.Lx ;; ..: fa oir ,l.�''= ;.r �.e�.- �� ��'•�a. _ -��,kr��.r.r ..,Vx*' 3�?�a Other Direct Costs Vehicles 2 Days $50.00 1.0 $100 In-House ODCs 4.00%Dir Labor 1.0 $118 Subtotal-Task 500 $3,168 Task 600 Project Management and Meetings Assume 4 project meetings with City/Project Team personnel. Preparation of monthly progress reports/updates Invoicing and scheduling TERRACON Labor Personnel Rate Est.Hrs Sr.Project Mgr. J.Nardozzi $130.00 24 $3,120 Senior Professional E.Powley $100.00 12 $1,200 ClericaLAdmin K.Bowman $35.00 § $210 Other Direct Costs Vehicles 2 Days $50.00 1.0 $100 In-House ODCs 4.00%Dir Labor 1.0 $161 Subtotal-Task 600 $4,811 I GRAND TOTAL $84,972 P040099-Elgin Mental Health Cost 3 Terracon Proposal No.P040099 Table 2 Laboratory Analytical Costs and Unit Rates City of Elgin - Elgin Mental Health Center Estimated Quantltiea&Coats' a 65;Acre Poriton of EMHC:Site; , - Parameter Laboratory, Lab . Contract_ . ,Spit Cost ;Water= ;;;_,W`i'Cost_ Method . Unit Price': . . . VOCs 5035/8260 First Env. $135.00 20 $2,700.00 6 $810.00 BTEX 5035/8260 First Env. $45.00 $0.00 $0.00 Priority Pollutant Metals(13) 6010 First Env. $131.00 20 $2,620.00 6 $786.00 RCRA Metals(8) 6010 First Env. $86.00 $0.00 $0.00 Metals Prep 3050 First Env. $9.00 20 $180.00 $0.00 TCLP Metals w/Prep First Env. $112.00 4 $448.00 $0.00 SVOCs 8270 First Env. $224.00 20 $4,480.00 6 $1,344.00 PNAs 8270 First Env. $112.00 0 $0.00 $0.00 Pesticides/PCBs 8081/8082 First Env. $135.00 4 $540.00 4 $540.00 pH-Soil 9045 First Env. $9.00 4 $36.00 $0.00 pH-Water 9040 First Env. $4.00 $0.00 6 $24.00 Organic Carbon(Foc) ASTM D2974 or Terracon 9060A $18.00 4 $72.00 $0.00 Reactive Sulfide&Cyanide First Env. $18.00 4 $72.00 $0.00 FlashPt, Paint Filter First Env. $31.00 4 $124.00 $0.00 Encore Preservation First Env. $14.00 20 $280.00 $0.00 Totals 124 $11,552.00 28 $3,504.00 Grand Total $15,056 Subcontract Lab: First Environmental Laboratories, Inc. Note: All analytical costs based on standard laboratory Naperville, IL turnaround time(5 to 7 working days). • Terracon, Inc. 1 Proposal No. P040099 2/4/2004 Table 3 TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2004 PERSONNEL Labor Category Billing Rate A. Professional Staff 1. Staff Professional $75.00 2. Senior Professional $85.00 3. Project Professional $100.00 4. Senior Project Manager/Professional $130.00 5. Principal $135.00 6. Expert Witness $200.00 B. Technician Staff 1. Technician $45.00 2. Remedial Specialist $65.00 C. Support Staff 1. Clerical $35.00 2. CADD Tech I $45.00 3. CADD Tech II $60.00 Note: Hourly rates will be increased by a multiple of 1.3 for Saturday, Sunday and holiday work or off shift work when required by client or for emergency response with less than 36 hour notice. EXPENSES AND SUPPLIES Vehicle Charge(local area,within 25 miles of office) $50.00 /day Vehicle Charge(local area,within 25 miles of office, less than $30.00 /1/2 day 4 hours) Vehicle Charge(outside local area) $0.45 /mile Per Diem, Lodging and Food Minimum of $85.00/day Miscellaneous charges, including analytical laboratory tests, Cost+15% shipping charges, rental equipment, outside labor, public transportation, materials, or other contracted services Terracon, Inc. 1 Proposal No. P040099 City of Elgin Elgin Mental Health Center Terracon Proposal No. P040099 February 4,2004 Cost Assumptions The following general cost assumptions have been considered in developing the scope of work and estimated project budget: 1. All work by Terracon is assumed to be performed under a Level D Health and Safety protocol. If upgrades to Level C or B are required, additional costs will accrue. 2. Work will occur during normal workday hours (Monday through Friday, 7:00 am to 5:00 pm). If work is required at night or on weekends, cost surcharges may be applicable to labor rates and subcontracted costs anticipated in the budget. 3. Soil and groundwater samples will be analyzed at standard laboratory turnaround times. 4. Field work will be performed under reasonable weather conditions and without major weather delays or interruptions. 5. Field investigation work anticipates the use of standard GeoProbe equipment for soil borings and a truck-mounted drill rig for monitoring well installation and geotechnical soil borings. Extra costs may accrue for specialty drilling equipment, if necessary based on site conditions (i.e., all-terrain equipment, etc.) 6. Boring layout and ground surface elevations are to be provided by a licensed surveyor under separate contract with the City. 7. Where practical, Terracon return investigation derived waste (IDW) generated during the on-site work to the borehole. Where necessary, such IDW will be containerized for off-site disposal. Costs for characterization and disposal of investigation derived wastes are not included in this proposal. 8. The City is responsible to provide access to the sites and compile available information that may be pertinent to Terracon's scope of work. 9. The project budget assumes clear access to the locations where soil and groundwater sampling is to occur. The project budget does not include costs for removing or relocating debris, extensive concrete coring, demolition of any structure or impediment, utility relocation or modification, or any other related activity associated with gaining access t investigation areas. 10. Costs associated with repair or replacement of damaged utilities that are unmarked by JULIE or not otherwise brought to the attention of Terracon by the City prior to performing field work are not included. 11. Project deliverables and reports will be reviewed one time by the City. 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