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HomeMy WebLinkAbout18-77 Resolution No. 18-77 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL REMEDIATION DESIGN, BIDDING AND GROUNDWATER CONFIRMATION SAMPLING SERVICES REGARDING THE CITY-OWNED PROPERTIES LOCATED AT 464 MCBRIDE STREET AND 520 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, 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 O'Brien &Gere Engineers,Inc.for environmental remediation design,bidding and groundwater confirmation sampling services regarding the city-owned properties located at 464 McBride Street and 520 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: July 25, 2018 Adopted: July 25, 2018 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 25 day of July , 2018, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY") and O'Brien & Gere Engineers, Inc., a New York corporation (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services for environmental remediation design, bidding and groundwater confirmation sampling services for the CITY owned properties at 464 McBride Street and 520 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 environmental remediation design, bidding and groundwater confirmation services for the CITY owned properties at 464 McBride Street and 520 McBride Street, Elgin, Illinois as outlined in CONSULTANT'S proposal therefor dated May 8, 2018, attached hereto and made a part hereof as Attachment A. In the event of any conflict between the terms of this agreement and Attachment A, the terms of this agreement shall supersede and control. C. The CONSULTANT agrees to correct or re-perform, without additional cost to the CITY, any Service not performed in accordance with the professional standard of care prevailing at the time and in the place where such Service is performed. 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 4 weeks. Neither party shall be liable for loss or damage suffered by the other as a result of any failure - I - or delay in the performance of its obligations under the Agreement caused by a Force Majeure event or circumstance beyond its reasonable control. The party relying on this provision shall give prompt notice to the other party of the event or circumstance and shall take all reasonable steps to resume performance at the earliest possible date. In the event of a Force Majeure, the time for performance of Services shall be extended by the number of days from the date notice is given until performance is able to be resumed 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$19,000. 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. - 2 - 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 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 material 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(s)4 and/or 8 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, orthe 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. - 3 - 10. INDEMNIFICATION To the fullest extent permitted bylaw,CONSULTANT agrees to and shall indemnify and hold harmless the CITY, its officers, employees 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, arising out of negligent actions or omissions or willful misconduct 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. The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. Each party waives any right it may have against the other at law or in equity to demand or receive consequential or punitive damages. 11. NO PERSONAL LIABILITY No official,director,officer,agent or employee of either Party 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. - 4 - 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. 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 - 5 - 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. 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 B. As to the CONSULTANT: - 7 - John M.Nardozzi, P.E. Sr. Managing Engineer O'Brien &Gere Engineers, Inc. 300 S. Wacker Drive, Suite 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 O'BRIEN&GERE ENGINEERS, INC. .el By: Richard G. Kozal, City Manager 114 —I'lAAe( Q ' By: . Na` rint: 10 ti n M, arVezzi Attest- Title: .Sr, AlA mr!t)saw erl giver AdA K� ity Clerk FAL.egal Dept\Agreement\O'Brien&Gere Engineers Ag-464&520 McBride-6-20-18.docx } L - 9 - ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A OBG I There's a way May 8,2018 Mr.William A.Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin,IL 60120 Via email: Subject: Proposal for Remediation Design and Bidding Services Elgin Salvage and Supply Company-464 McBride Street Seigle's Home and Building Site-520 McBride Street OBG File No.50275 Dear Mr.Cogley: O'Brien&Gere Engineers,Inc.(OBG) is pleased to submit this proposal to provide remediation design and bidding services at both the former Elgin Salvage and Supply Company(Elgin Salvage)site located at 464 McBride Street and the Seigle's Home and Building site located at 520 McBride Street.Both parcels border each other on the Fox River and are immediately north of the former Elgin Public Works Yard located at 40 Ann Street.The scope of services outlined herein are for OBG to compile a set of bidding specifications and drawings and obtain competitive bids for site remediation work at the two subject sites. Once OBG obtains the subcontractor bids,a separate contract will be prepared to implement the necessary and approved remediation work at both sites and prepare the documentation report that will seek to obtain a No Further Remediation letter for each site. PROJECT BACKGROUND Elgin Salvage and Supply Company—464 McBride Street 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 Remedial Action Completion Report(SRACR) dated March 30,2009 was submitted to the Illinois Environmental Protection Agency(EPA).This report requested a No Further Remediation(NFR)letter for the site.Following completion of the remediation and investigation work,as series of review letters and responses were submitted between the Illinois EPA and the City of Elgin. A Supplemental Site Investigation(SSI) Report was submitted to Illinois EPA on December 18,2017.The SSI Report was submitted to document and evaluate additional site investigation data that was collected to respond to Illinois EPA's last set of comments(May 25,2016),with the goal of arriving at a site closure strategy that will meet the requirements of the SRP.OBG's report was approved by IEPA on February 5,2018 and the proposed remediation work is ready to be implemented. 300 S Wacker Drive,Suite 1300 P 312-465-1740 OBG Chicago,IL 60606 vw,vw.obg.com Seigle's Home and Building Site—520 McBride Street The Seigle's site is also enrolled in the Illinois EPA SRP.At the time of the original site investigation in July 2002, the City of Elgin had acquired the property and leased the site facilities to Seigle's Home and Building Company. Supplemental site investigation work was performed in July 2005.The City of Elgin submitted a report entitled Updated Supplemental Site Investigation Report/Remediation Objectives Report/Remedial Action Plan(Updated SIR/ROR/RAP)prepared by Terracon Consultants,Inc.and dated April 15,2009.A letter response to comments issued by the Illinois IEPA was prepared on April 26,2009.The Updated SIR/ROR/RAP outlined a remediation plan to address identified contamination so that the site could be redeveloped in the future for residential use. These documents were approved for implementation by the IEPA on October 22,2009. Since late 2009,the approved remediation plan has not been implemented as funding was not available to proceed with the necessary remediation work.A Vapor Intrusion(VI)Addendum was submitted to Illinois EPA on February 11,2015.The addendum re-evaluated the site data in an effort to satisfy changes to the Tiered Approach to Corrective Action Objectives(TACO)regulations;notably those related to the indoor inhalation pathway.On March 10,2015,Illinois EPA responded indicating that the evaluation performed demonstrated compliance and that remediation of the site could proceed. Based on the noted approval of the proposed Remedial Action Plans for both sites,the IEPA is indicating its approval to proceed with remedial activities according to the approve plans. SCOPE OF SERVICES OBG will perform the following tasks in order to prepare for initiation of remediation activities at both the Elgin Salvage and Seigle's Home and Building sites.It is anticipated that this work will be conducted concurrently; however,OBG will organize the site documentation so that each site can be efficiently closed under separate NFR letters.Therefore,separate task numbers have been created for each site and the task numbers follow the previously completed tasks undertaken at the 464 McBride site. TASK 5.0—ELGIN SALVAGE SITE OBG will perform the following tasks with respect to the 464 McBride Street site: 5.1 Site Reconnaissance OBG will conduct a site reconnaissance walk to review current site conditions and determine if any changes have occurred since the initial Remedial Action Plan was prepared.Site reconnaissance activities will be performed in conjunction with Groundwater Confirmation Sampling for the Seigle's Home and Building site(i.e., part of Task 6.1). 5.2 Design Plans and Specifications OBG will complete design activities related to the proposed remediation work and compile a set of plans and specifications to allow competitive remediation bids to be obtained.The specifications will be limited to technical documents to obtain firm quotes from subcontractors to perform remediation services.The anticipated bidding process will include OBG selecting three to four subcontractors to participate in a competitive bid process based on experience working on similar environmental remediation projects.The City of Elgin will be provided with a bid tabulation to support the selection of a qualified,cost competitive subcontractor to execute the work. It is anticipated that these subcontractor costs will provide the basis for a subsequent contract with OBG that will include both the remedial activities,engineering oversight services,and remedial action completion reporting services through the Illinois EPA. TASK 6.0—SEIGLE'S HOME AND BUILDING SITE OBG will perform the following tasks with respect to the 520 McBride Street site: DOG I THERE'S A WAY © 2018. ALL RIGHTS RESERVED 1 2 May8,2018 Proposal Letter20180508.docx 6.1 Groundwater Confirmation Sampling Per the Illinois EPA correspondence letter dated March 10,2015,groundwater confirmation sampling is required to assess current groundwater conditions during the proposed remediation activities to address soil contamination.The last groundwater assessment was performed in August 2008.Groundwater confirmation sampling will be completed prior to soil remediation activities.Details are as follows: Monitoring Well Assessment and Sampling-Given the time lapse between the last groundwater sampling event at the site,OBG will conduct an inspection of the nine(9)existing on-site monitoring wells(MW-1, MW-2,MW-3RR,MW-5,MW-6,MW-7,MW-8,MW-9,MW-10) 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.OBG will also evaluate each well for the presence of free product and odors.OBG will advise the City if any of the wells have been damaged or if they are unable to be reused for the intended purposes.OBG assumes that the locks on the existing well boxes will need to be cut off and replaced with new locks. OBG 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. OBG will use GPS equipment to verify the site location of all existing wells. To assess current groundwater conditions,OBG will collect one sample from each well determined to be operable.OBG assumes a maximum of six wells will be sampled. The costs include retaining an analytical laboratory to perform the following analyses: MethodAnalVtical Parameters No. Groundwater AnalVtical Samples Volatile OrEanIC Comoounds(VOCsI 6 8260 Semi-volatile Organic Compounds(SVOCs) 6 8270 (Including PAH compounds) Priority Pollutant Metals(13 metals) 6 6010(Mercury by 7470) Note that groundwater sampling is not proposed for the 464 McBride Street site,as that work was previously completed and submitted to Illinois EPA. 6.2 Design Plans and Specifications OBG will complete design activities related to the proposed remediation work and develop a set of plans and specifications to allow competitive remediation bids to be obtained.The specifications will be limited to technical documents to obtain firm quotes from subcontractors to perform remediation services.The anticipated bidding process will include OBG selecting three to four subcontractors to participate in a competitive bid process based on experience working on similar projects.The City of Elgin will be provided with a bid tabulation to support the selection of a qualified,cost competitive subcontractor to execute the work. It is anticipated that these costs will provide the basis for a subsequent contract with OBG that will include the remedial activities,engineering oversight services,and remedial action completion reporting services through the Illinois EPA. BUDGET OBG proposed to complete the scope of work as described herein on a time and materials basis with an estimated not-to-exceed fee of$19,000,which includes OBG's professional labor costs,travel and direct OBG I THERE'S A WAY © 2018. ALL RIGHTS RESERVED 3 May 8,2018 Proposal Letter20180508.docx MEMO expenses required to complete this scope of work,The proposed costs are in alignment with the Remediation Cost Estimates provided to the City in March,2018.A breakdown of the costs for each site is as follows: DescriptionEstimated Effort Task No. Task 5.0 Elgin Salvage Site 50 $6,500 6.0 Seigle's Home and Building Site 74 $12,500 Total 128 $19,000 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 Agreement between the City of Elgin and O'Brien&Gere Engineers,Inc. (OBG)dated .2018.All services will be invoiced in accordance with OBG's 2018 Preferred Fee Schedule. SCHEDULE OBG is prepared to initiate project activities upon written authorization from the client to proceed. OBG 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 is approximately four weeks. 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 if you have any questions regarding this proposal. Sincerely, O'BRIEN&GERE ENGINEERS,INC. AA 4Jo n M.Nardozzi,P.E. P ncipal Engineer Cc: Robert C.Woodruff,OBG Attachments: Service Order 3 \\server27-01\W Drive\Marketing\Proposals\Site Investigation Remediation\Elgin City of\50275-464 McBride&520 McBride\Proposal Letter 20180508.docx OBG I THERE'S A WAY © 2018. ALL RIGHTS RESERVED 4 May 8,2018 Proposal Letter 20180508.docx EXHIBIT A SERVICE ORDER TO PROFESSIONAL SERVICES AGREEMENT Service Order No.: 3 Date: May 8,2018 Project No.: 68142 Proposal No.: 50275 This Service Order to Professional Services Agreement is by and between: O'BRIEN&GERE ENGINEERS,INC. CITY OF ELGIN 234 W.Florida Street,5`h Floor 150 Dexter Court Milwaukee,WI 53204 and Elgin,IL 60120 Telephone: 414 837-3607 Telephone: 847 937 6633 Facsimile: 414 837-3608 email: cogle w(q�cit ofel7m.or ("OBG",formerly Natural Resource ("CLIENT") Technology,Inc. Project Title: Proposal for Remediation Design and Bidding Services Scope of Work: Scope of services outlined in OBG's May 8, 2018 proposal letter are for OBG to compile a set of bidding specifications and drawings to obtain competitive bids for site remediation work at the at both the former Elgin Salvage and Supply Company(Elgin Salvage)site located at 464 McBride Street and the Seigle's Home and Building site located at 520 McBride Street. Estimated Budget: imik Activity Estimated Budget 5.0 Elgin Salvage Site $6,500 6.0 Seigle's Home and Building Site $12,500 Total Budget $19,000 Schedule: lmjt Milestone Estimated Comnletion 5.0 Elgin Salvage Site 4 weeks 6.0 Seigle's Home and Building Site 4 weeks Total Duration The Scope of Work,Estimated Budget,and Schedule described above and authorized by this Service Order will be performed in accordance with the terms and conditions contained the Agreement executed on July 25 2018 between The City of Elgin,IL and O'Brien&Gere Engineers,Inc. The OBG remittance email address is:Accounts- Iteceivable�?obf,,.com. Agreed to by: O'BRIEN&GERE ENGINEERS,,INC. C AA v t 05/08/2018 �C 7/25/2018 thn at a Date Signature Date .Nardozzi Richard G. Kozal Awrle Name Principal Engineer City Manager Title Title [Exhibit A-Service Order to Client Professional Services Agreement 20180508.doc] G OBG 1