Loading...
HomeMy WebLinkAbout17-67 Resolution No. 17-67 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH NATURAL RESOURCE TECHNOLOGY, INC. FOR SUPPLEMENTAL ENVIRONMENTAL SITE INVESTIGATION SERVICES REGARDING THE CITY-OWNED PROPERTY LOCATED AT 464 McBRIDE STREET 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 Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Natural Resource Technology, Inc. for supplemental environmental site investigation services regarding the city-owned property located at 464 McBride Street, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 10, 2017 Adopted: May 10, 2017 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 10 day of May,2017,by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and Natural Resource Technology, Inc., a Wisconsin corporation (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with additional site investigation services for the CITY owned property at 464 McBride Street, Elgin, Illinois (hereinafter referred to as the"PROJECT"); and WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged to perform the services relating to the PROJECT as described herein,subject to the following terms and conditions and stipulations, to-wit: 1. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Corporation Counsel of the CITY, herein after referred to as the "DIRECTOR". B. The CONSULTANT shall provide the supplemental site investigation services for the CITY owned property at 464 McBride Street, Elgin, Illinois as outlined in CONSULTANT'S proposal therefor dated February 13, 2017, attached hereto and made a part hereof as Attachment A. 2. SCHEDULE The CONSULTANT shall initiate PROJECT activities upon written authorization from the CITY to proceed. The CONSULTANT will complete the services in a timely fashion based on a mutually acceptable schedule to ensure progress is made on the site. The estimated time for completion, subject to weather conditions, is approximately 8 weeks. 3. WORK PRODUCT All work product prepared by the CONSULTANT pursuant hereto including,but not limited to, reports, plans, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR;provided,however,that the CONSULTANT may retain copies of such work product for its records. CONSULTANT's execution of this Agreement shall constitute CONSULTANT's conveyance and assignment of all right, title and interest, including but not limited to any copyright interest,by the CONSULTANT to the CITY of all such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY shall have the right either on its own or through such other consultants as determined by the CITY to utilize and/or amend such work product. Any such amendment to such work product shall be at the sole risk of the CITY. Such work product is not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. The CITY shall reimburse the CONSULTANT for services provided under this Agreement on a time and materials basis with a total fee not to exceed$37,400. Such total fee and the components thereof are set forth in Attachment A. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within thirty(30)days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the amounts shown in Attachment A, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. 5. INVOICES A. The CONSULTANT shall submit invoices in a format approved by the CITY. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records available at reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon thirty(30)days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amount set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed - 2 - concluded on the date the CITY determines that all of the CONSULTANT's work under this Agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of this Agreement. 8. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY,the CONSULTANT shall give written notice of his claim within fifteen(15)days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. 9. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement,such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15)days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this Agreement. Notwithstanding the foregoing,or anything else to the contrary in this Agreement, with the sole exception of an action to recover the monies the CITY has agreed to pay to the CONSULTANT pursuant to Paragraph 4 hereof, no action shall be commenced by the CONSULTANT against the CITY for monetary damages. CONSULTANT hereby further waives any and all claims or rights to interest on money claimed to be due pursuant to this Agreement,and waives any and all such rights to interest which it claims it may otherwise be entitled pursuant to law, including,but not limited to,the Local Government Prompt Payment Act(50 ILCS 501/1,et seq.),as amended,or the Illinois Interest Act(815 ILCS 205/1,et seq.),as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify,defend and hold harmless the CITY, its officers,employees,agents,boards and commissions from and against any and all claims, suits,judgments, costs, attorneys fees, damages or other relief,including,but not limited to,workers' compensation claims,in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement. In the event of any action against the - 3 - CITY,its officers,employees,agents,boards or commissions,covered by the foregoing duty to indemnify,defend and hold harmless such action shall be defended by legal counsel of the CITY's choosing. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 11. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. 12. INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide,pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least$1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. The Certificate of Insurance shall include the contractual obligation assumed by the CONSULTANT under Paragraph 10 entitled"Indemnification". This insurance shall be primary and non-contributory to any other insurance or self- insurance programs afforded to the CITY. There shall be no endorsement or modification of this insurance to make it excess over other available insurance. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per claim.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. -4 - 13. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement,there shall be no discrimination against any employee or applicant for employment because of sex,age,race, color,creed,national origin,marital status,of the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination,rates of pay or other forms of compensation and selection for training,including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex,race,color, creed, national origin,age except minimum age and retirement provisions, marital status or the presence of any sensory,mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. 14. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. 15. DELEGATIONS AND SUBCONTRACTORS Any assignment,delegation or subcontracting shall be subject to all the terms,conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item,condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. - 5 - 18. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define,limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. 19. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed,modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. 20. APPLICABLE LAW This Agreement shall be deemed to have been made in,and shall be construed in accordance with 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. 21. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY'S employ or any work associated with the PROJECT. 23. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding bid rigging. 24. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum,the following information: - 6 - A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6-101 of the Human Rights Act. A copy of the policies shall be provided by CONSULTANT to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. SUBSTANCE ABUSE PROGRAM. As a condition of this Agreement, CONSULTANT shall have in place a written substance abuse prevention program which meets or exceeds the program requirements in the Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of such policy shall be provided to the City's Assistant City Manager prior to the entry into and execution of this Agreement. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. 27. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to the CITY: William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 - 7 - B. As to the CONSULTANT: John M.Nardozzi, P.E. Principal Engineer National Resource Technology, Inc. 300 S. Wacker Drive, Suite 250 1300 Chicago, Illinois 60606 28. COMPLIANCE WITH LAWS Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection with the performance of this Agreement that the CONSULTANT shall comply with all applicable federal, state, city and other requirements of law, including,but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, CONSULTANT hereby certifies, represents and warrants to the CITY that all CONSULTANT's employees and/or agents who will be providing products and/or services with respect to this Agreement shall be legally authorized to work in the United States. CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and fees and give all notices necessary and incident to the due and lawful prosecution of the work, and/or the products and/or services to be provided for in this Agreement. The CITY shall have the right to audit any records in the possession or control of the CONSULTANT to determine CONSULTANT's compliance with the provisions of this paragraph. In the event the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay any and all costs associated with any such audit. 29. EXECUTION This Agreement may be executed in counterparts,each of which shall be an original and all of which shall constitute one and the same Agreement. This Agreement may be executed electronically and any signed copy of this Agreement transmitted by fax machine or email shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes an original signature and shall have the same legal effect as an original signature. - 8 - IN WITNESS WHEREOF, the parties hereto have entered into and executed this AGREEMENT effective as of the date and year first written above. CITY OF By: Richard G. Kozal, City Manager Atte t: ity Clerk CONSULTANT: Natural Resource Technology, Inc. Bee/ rint: 10 N John M. Nardozzi Ti Principal Engineer f:Uxgal DeptxP.greementWatural Resource Technology Agr-5-2-17.docx -9 - NATURAL RESOURCE 300 S.WACKER DRIVE,SUITE 2050 TECHNOLOGY CHICAGO.IL 60606 (P)312.465.1740 ENVIRONMENTAL CONSULTANTS (F)414.837,3608 Mr, Richard G. Kozal February 13, 2017 Assistant City Manager (P2017359) City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Proposal for Site Investigation Services Elgin Salvage and Supply Company 464 McBride Street Elgin, IL 4 Dear Mr. Kozal: Natural Resource Technology, Inc. (NRT) is pleased to submit this proposal to provide supplemental site investigation services at the former Elgin Salvage and Supply Company(Elgin Salvage)at 464 McBride Street. This parcel is immediately north of the former Elgin Public Works Yard at 40 Ann Street and immediately south of the Seigle's Home and Building Site at 520 McBride Street. A. BACKGROUND AND PROJECT UNDERSTANDING The former Elgin Salvage site was investigated in 2005 and significant soil remediation was conducted in 2005 and 2006. The site advanced within the Illinois Site Remediation Program(SRP)to a point where a Supplemental 1 Remedial Action Completion Report(SRACR)dated March 30, 2009 was submitted to the IEPA. This report f requested a No Further Remediation letter for the site. Following completion of the remediation and investigation j work, as series of review letters and responses were submitted between the Illinois Environmental Protection Agency(EPA)and the City of Elgin. The most recent correspondence was issued by a new Illinois EPA Project Manager(Ms. Tammy Smith)on May 25, 2016. These comments directed that the City obtain additional site investigation data as needed to address s six technical comments. These comments, combined with previously agreed to investigation tasks in earlier correspondence, serve as the basis for the scope of work presented herein. The overall project goal for the City has not altered significantly over the duration of the project. The environmental investigation and remediation work endeavors to clean up the site such that redevelopment for residential purposes is feasible. Further, the remediation approach is based on minimizing the number and scope of any institutional controls or site use restrictions that would appreciably limit future redevelopment opportunities to the extent practicable. s c B. SCOPE OF SERVICES NRT will perform the following tasks in order to obtain supplemental site data that is necessary to address the a technical comments of IEPA: Task 1.0—Site Wide Groundwater Assessment j The purpose of this task is twofold. First,a new set of groundwater data will be obtained to determine if groundwater conditions at the 464 McBride Street site have changed since the last groundwater assessment was performed in September, 2008. While conducting the updated assessment, NRT will WWW.NATURALRT.COM Attachment A Mr. Richard G. Kozal City of Elgin �o RCE February 13, 2017 PA90FTECHNOLOGY Page 2 obtain other specific information to address prior IEPA comments so that a comprehensive groundwater assessment can be achieved. • Monitoring Well Assessment and Sampling—Given the time lapse between the last groundwater sampling event at the site, NRT will conduct an inspection of the 13 existing on-site monitoring wells and redevelop the wells in an effort to obtain representative samples. Each well will be inspected for physical condition and assessed for its ability to obtain new groundwater samples of reliable data quality. NRT will also evaluate each well for the presence of free product and odors. NRT will advise the City if any of the wells have been damaged or if they are unable to be reused for the purposes of this investigation. NRT assumes that the locks on the existing well boxes will need to be cut off and replaced with new locks. • NRT will install one new monitoring well on-site. The new monitoring well will be constructed of 2-inch diameter PVC and advanced to a depth of 20 feet below ground surface(bgs). The deeper well depth is intended to address IEPA's comment that the slug test results presented in prior reports may have been adversely affected by shallow well depths(i.e., 12 ft. bgs). The well will be positioned in an area that was not impacted by previous remediation efforts so that the slug test results are not subject to interference by the presence of low permeable fill material. NRT's approach is to obtain slug test data that can be justified as representative of the underlying aquifer and resolve the deficiencies noted by IEPA in its July 22, 2011 review letter. Up to two slug tests will be conducted as part of this scope. Based on the results of the slug tests, NRT will calculate the hydraulic conductivity and compare the result to the previously calculated value. • NRT will collect field measurements of the groundwater elevation in each monitoring well and perform an elevation survey to determine the groundwater elevation and hydraulic gradient of the groundwater table. NRT will use GPS equipment to verify the site location of all existing wells and the new monitoring well. • To assess current groundwater conditions, NRT will collect one sample from each well determined to be operable and retain an analytical laboratory to perform the following analyses: Analytical Parameters No,Gfoundwater Analytical Method Samples, Volatile Organic Compounds 14 8260 (VOCs) Semi-volatile Organic 14 8270 Compounds(SVOCs) (including PAH compounds) Priority Pollutant Metals(13 14 6010(Mercury by 7470) metals) Sample quantity assumes all 13 existing monitoring wells are in suitable condition to collect a representative groundwater sample for laboratory analysis, plus one new well to be installed as part of this scope. WWW.NATURALRT.COM vL Mr. Richard G. Kozal pAdOPTECHNOLOGY NaTURnL City of Elgin RESOURCE February 13, 2017 Page 3 Task 2.0—Continued Site Delineation As noted in IEPA correspondence, several areas of the site warrant additional investigation due to issues related to an exceedance of remediation objectives, or where additional delineation/confirmation was requested by IEPA. Items that will be addressed within this scope include the following: A. PCB Impact at B-5 (AOC#2) As noted by IEPA, an exceedance of PCBs was detected at boring B-5 in Area of Concern No. 5(AOC #5)at a depth of 10 to 12 ft, bgs during the confirmation sampling. (EPA's May 2016 comments indicates that using an engineered barrier to prevent exposure is not approved. To address this issue, NRT will advance three additional soil borings in the vicinity to further delineate the horizontal and vertical extent of the PCB impact. A total of six soil samples are anticipated. Samples will be analyzed for PCBs as well as total lead, TCLP lead and pH. B. Dioxin-Furan Impact at MB-108(AOC#3) During initial site investigation, dioxin-furans were detected above applicable remediation objectives at MB-108 in AOC#3. This area was remediated and a confirmation soil sample was collected at B-07. IEPA commented that the depth of the sample collected for confirmation did not match the depth at which dioxin-furans were detected in MB-108(4 to 4.5 ft. bgs). Subsequently, (EPA's 5/25116 review letter requested verification that all dioxin/furan contamination had been remediated.To address this, NRT will advance two additional soil borings to the west of MB-108, immediately outside the prior remediation area to the west. These locations are selected in an effort to prove out that the area of impact was fully remediated in the horizontal direction. Two soil samples, one from each boring, will be analyzed for dioxin-furans using EPA Method 8290. C. Magnesium Exceedance at B-09(AOC#3) Existing data shows a high concentration of magnesium at boring location B-09 in AOC#3 at a depth of 10— 12 ft. bgs. This result was anomalous given that other samples for this constituent exhibited concentrations that were an order of magnitude less than this value, and in many cases two orders of magnitude less. NRT will advance two additional soil borings in this vicinity and resample at the 10 to 12 ft. bgs horizon to determine if there is any horizontal extent to this exceedance. Two samples will be collected from each boring and analyzed for magnesium to determine vertical extent of contamination. D. Lead and Mercury Exceedance at B-33 (AOC#9A) During prior soil sampling activity, B-33(4—6 ft. bgs)was noted to have elevated concentrations of mercury, and lead. The Remedial Action Plan called for additional soil removal in this area. In an effort to further define the extent of contamination in this area, NRT will advance three soil borings in the vicinity of B-33 to assess the horizontal extent of the exceedance. Two soil samples from each boring will be analyzed for Mercury, total lead, TCLP lead and pH. This data will be evaluated to determine if the proposed remediation area noted in the RAP is anticipated to be adequate. WWW.NATURALRT.COM Mr. Richard G. Kozal City of Elgin NATURAL RESOURCE February 13, 2017 -TECHNOLOGY Page 4 E. Evaluation of Inorganic Contamination (IEPA Comment#3-5/25/2016) In its comments, IEPA indicated that evaluation of the soil component of the migration exposure route for inorganic parameters requires a discrete pH measurement. Prior investigation work relied upon pH measurements taken from a smaller subset of soil sample locations to arrive at a representative pH value that could be applied to the site. Given this difference, NRT will resample selected on-site soils to re- evaluate the soil component pathway and at each location using a discrete soil pH value. NRT believes it is not cost effective to re-sample the large number of soil samples collected during the early investigation stages. Accordingly, the samples that will be reconfirmed are selected from those that had one or more exceedances of the soil component remediation objective. A table listing the targeted samples that will be reevaluated for inorganics is as follows: Sample No. AOC No. Sample Depth(f.) B-5 #2 10-12 B-10 #4 8-10 B-11 #4 6-8 B-12 #4 8-12 B-14 #4 8-10 B-33 #9 4-6 B-36 #10 8-9 B41 #1 8-10 MCB-7 McBride ROW 04 NRT will analyze each soil sample for Priority Pollutant Metals and soil pH. If any sample indicates an elevated total lead concentration, the sample will be analyzed for TCLP to further assess the soil component pathway. Task 3.0-Data Management Due to the large amount of historical data associated with this site, NRT has coordinated with the primary laboratory that performed laboratory services for this site to obtain electronic downloads of the existing data. Based on contacts with the laboratory, First Environmental Laboratories of Naperville, IL, only data for the past 10 years was available. NRT will migrate this available data into NRT's database system, Envirodata, for the purposes of storing it and being able to extract selected data to prepare tables for the future reporting and response to IEPA questions. Note that in developing the cost estimate for this work, NRT sought out quotations from both First Environmental and ALS Environmental. The costs quoted by ALS were substantially less than the quote provided by First Environmental, so the cost proposal provided herein is based on the ALS lab costs. WWW NATURALRT COM Mr. Richard G. Kozal NATURAL City of Elgin RESOURCE February 13, 2017 TECHNOLOGY Page 5 Task 4.0-Reporting and Interface with IEPA Following receipt of analytical data, NRT will prepare a report for submittal to IEPA. The report will include the following elements: • Specific response to IEPA's comments: In order to advance the project, NRT will utilize the new data collected to specifically address the comments contained in IEPA's past correspondence. • Groundwater Assessment: NRT will utilize the new groundwater data obtained to determine if the site satisfies the remediation objectives specific to the indoor inhalation exposure route(i.e. vapor intrusion). This assessment will be based on the TACO regulations(35 III. Admin. Code Part 742). NRT will utilize the available Tier I screening tables for the indoor inhalation exposure route(either Appendix B Table H or Table 1, as appropriate)and consider the residential site use scenario. This will specifically address Comment#1 of IEPA's 5/25/16 review letter.Work elements include: • Tabulate historic groundwater data in comparison to the current data to determine relevant trends. • Prepare a revised site location map indicating the locations of all operating monitoring wells and the direction of groundwater flow. • Provide a detailed narrative of the field investigation work to document the work completed. In particular, the field methodology used to conduct the slug tests and evaluation of the data to determine the hydraulic conductivity will be presented in detail. This will be provided to specifically address Comment#2 of IEPA's 7/22/2011 review letter. • Recognizing the close proximity of the Fox River, NRT will utilize the results of slug test and hydraulic gradient calculations to model the potential extent of contamination in the direction of the Fox River. NRT will incorporate surface water quality standards as the remediation objective where the modeled extent of contamination goes beyond the property boundary in the direction of the Fox River. Soil Delineation: NRT will evaluate the data collected from the soil delineation samples to further refine the scope of proposed further remediation of the site. It is anticipated that selected areas will require additional soil removal inasmuch as IEPA has stated it will not accept the use of an engineered barrier where subsurface PCBs are present. The report will identify these changes and provide information to convey the necessary changes to the overall remedial action plan for the site. Evaluation of Inorganic Constituents—NRT will determine the specific remediation objective for each of the nine soil samples that will be reevaluated under this scope. A comparison will be made to the prior calculated objectives to determine if any significant changes are apparent. With respect to arsenic, NRT will revise the soil averaging calculations using the current version of ProUCL software and consider both the former site data and the newly collected soil data to reevaluate the site-wide arsenic concentration to determine if it meets acceptable levels. WWW NATURALRT.COM v Mr. Richard G. Kozal City of Elgin NATURAL RESOURCE February 13, 2017 PAMPTECHNOLOGY Page 6 As necessary during the project, NRT will communicate with the IEPA Project Manager in Springfield to advise her of the planned field activities and discuss the scope of work being conducted. This proposal does not include responding to future comment or review letters from IEPA. Such efforts will be performed under a separate scope of work. C. COMPENSATION NRT proposes to complete the scope of work as described herein on a time and materials basis with an estimated not-to-exceed fee of$37,400,which includes NRT's professional labor costs, travel and direct expenses required to complete this scope of work. The estimated fee is broken down as follows: Task McBride Site Investigation Servim Estimated Effort Estimated Cost 1.0 (hours) NRT Field Labor, Reporting and Coordination 174 $20,900 Drilling Services—GeoProbe Work and Disposal $6,225 of investigation derived waste Laboratory Analytical Services—ALS $7,425 Environmental Field Equipment, sampling supplies, vehicles $2,850 and health and safety Total Estimated Not to Exceed Cost $37,400 The fee estimates are based on the project assumptions stated herein. Project deliverables and reports will be reviewed one time by the client. Services will be performed in accordance with the Professional Services Agreement between the City of Elgin and NRT dated January 28, 2013 and invoiced in accordance with NRT's Preferred Fee Schedule. Schedule NRT is prepared to initiate project activities upon written authorization from the client to proceed. NRT will complete the services in a timely fashion based on a mutually acceptable schedule to ensure progress is made on this site. The estimated time for completion, subject to weather conditions, is approximately eight weeks. Assumptions The following general cost assumptions have been considered in developing the scope of work and project fees: 1. The client will provide the legal right of entry to the sites and compile available information that may be pertinent to conducting the scope of work described herein. 2. Costs to address multiple reviews by additional third parties that require submittal of additional report drafts or labor are not included in the budget. 3. A maximum of two meetings with Elgin will be required to facilitate the work. WWW.NATURALRT.COM Mr. Richard G. Kozal City of Elgin RESOURCE February 13, 2017 -TECHNOLOGY Page 7 If this proposal meets with your approval, work may be initiated by returning a signed copy of the attached Service Order. We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you on this project. Please feel free to contact the undersigned at 773.796.4601 or via email at john.nardozzi @obg.com, if you have any questions regarding this proposal. Sincerely, NATURAL RESOURCE TECHNOLOGY, INC. VL M `MA - r �� ohn M. Nardozzi, P.E. incipal Engineer cc: William A. Cogley, City of Elgin Ron Horan, PG-NRT Attachments: Service Order WWW.NATURALRT.COM