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HomeMy WebLinkAbout07-195 Resolution No. 07-195 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR PROFESSIONAL SERVICES IN THE NORTH GROVE REDEVELOPMENT AREA 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 Olufemi Folarin, City Manager, and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Terracon Consultants, Inc. for professional services in conjunction with the City's environmental analysis and remediation of certain property in the North Grove Redevelopment Area, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 8, 2007 Adopted: August 8, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk . , AGREEMENT C(c_THIS AGREEMENT is made and entered into this dayof-1)111,6j, 2007, by and between the CITY OF ELGIN, an Illinois municinal corporation (hereinaft re erred to as "CITY") and Terracon Consultants, Inc. , ,a corporation organized and existing under the laws of the State of Delaware, (hereinafter referred to as the "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services in conjunction with the City's environmental analysis and remediation of certain properties as part of the City's North Grove Redevelopment Area (hereinafter referred to as the "PROJECT"); and WHEREAS,the CONSULTANT represents it 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 act for and represent it in the matters involved in the PROJECT as described in this Agreement, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the City's Director of Economic Development and Business Services (hereinafter referred to as the "SUPERVISOR"). B. CONSULTANT shall provide the services for the PROJECT as outlined in the CONSULTANT'S Scope of Services document entitled "Proposal for Environmental Consulting and engineering Services North Grove Redevelopment Area, McBride Street/Former Railroad ROW",dated July 20,2007, consisting of 10 pages,a copy of which is attached hereto and made a part hereof as Exhibit 1. In the event of any conflict between the terms of this Agreement and the terms contained within Exhibit 1, the terms of this Agreement shall control. 2. SCHEDULE The CONSULTANT shall provide the services for the PROJECT according to the schedule as set forth in Exhibit 1. 3. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, surveys, designs, calculations, work drawings,plans, design documents, probable construction costs, floor plans, elevations and sections, renderings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the SUPERVISOR provided, however, that the CONSULTANT may retain copies of such work products for its records. Such work products are 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 he at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. 4. PAYMENTS TO THE CONSULTANT A. For services provided by the CONSULTANT pursuant to this Agreement the CONSULTANT shall be reimbursed by the CITY a total maximum fee for such services not to exceed$32,690 in total for all tasks combined regardless of the actual costs and expenses incurred by the CONSULTANT. B. All payment and fees paid to the CONSULTANT shall be made pursuant to the fee rates provided for in Exhibit 1;provided,however,that in no event shall the CITY be obligated to CONSULTANT for any payment which exceeds the aforementioned total maximum fee provided for by paragraph 4A. C. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Full payment for each task shall not be made until the task is completed and accepted by the SUPERVISOR. D. Additional services and expenses by the CONSULTANT beyond the scope of work of this agreement, if any, shall require prior written approval of the City Council by way of written amendment to this agreement or by way of a separate written agreement. 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 a 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 fifteen(15)days prior written notice to the CONSULTANT. hi 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 amounts set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT are given a notice to proceed and, unless terminated for cause or pursuant to Article 5, 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 the 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 - 2 - 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 SUPERVISOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the SUPERVISOR 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. 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 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 completion,expiration and/or termination of this agreement. 11. NO PERSONAL LIABILITY No official, SUPERVISOR, 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 SUPERVISOR a Certification 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 SUPERVISOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article 10 entitled"Indemnification" shall be provided. This insurance shall apply as primary insurance with respect 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, - 3 - alternatively, if the insurance states that it is excess or prorated, it shall be endorsed to be primary with respect to the CITY. 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 damage to property. 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 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 occurrence. A Certificate of Insurance shall be submitted to the SUPERVISOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty(30) days prior written notice to the SUPERVISOR. 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. - 4 - 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. 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 SUPERVISOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the SUPERVISOR prior to said documentation becoming matters of public record. 22. COOPERATION WITH OTHER CONSULTANT The CONSULTANT shall cooperate with any other CONSULTANT 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. - 5 - 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: 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 must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105. 25. 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. 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. 26. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the SUPERVISOR and to other participants which may affect cost or time of completion shall be made or confirmed in writing. The SUPERVISOR 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 CITY: Raymond H. Moller, Director of Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 - 6 - With a copy to: William A. Cogley, Corporation Counsel City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 B. As to CONSULTANT: Mr. John Nardozzi Terracon Inc. 135 Ambassador Dr. Naperville, Illinois 60540 IN WITNESS WHEREOF,the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. FOR THE CITY: FOR Terracon Consultants, Inc. By: tib�..:--- • By: 74lice* \ anager • Attest: Uuakorvc- City Clerk F:\Legal Dept\Agreement\Terracon Incy.doc - 7 - EXHIBIT 1 SCOPE OF SERVICES AND PROJECT SCHEDULE - 8 - lierracon Consulting Engineers&Scientists 135 Ambassador Drive Naperville,Illinois 60540 Phone 630.717.4263 Fax 630.357.9489 www.terracon.com July 20, 2007 Mr. Raymond H. Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, Illinois 60120 RE: Proposal for Environmental Consulting and Engineering Services North Grove Redevelopment Area McBride Street/ Former Railroad ROW Elgin, Illinois Terracon Proposal No. P070355— Rev. 2 Dear Mr. Moller: Terracon Consultants, Inc. (Terracon) is pleased to submit the enclosed proposal to the City of Elgin to provide professional environmental consulting services related to the North Grove Redevelopment Area (NGRA) in Elgin, Illinois. Based on our recent discussions, this proposal presents a revised scope of work to address the City's needs and budget constraints. Under the proposed scope of work, Terracon will conduct site investigation work on the McBride Street / Former Chicago and Northwestern Railroad right-of-way. This ROW bisects the NGRA and is anticipated to be vacated and made part of the redevelopment area. Also included in this work scope is the completion of a Phase I Environmental Assessment of the ROW area as well as the Lamp Construction, Atlas Boiler, and Convenience Store parcels and the remaining apartment and residential properties along North Grove Avenue that the City anticipates acquiring for the purposes of redevelopment. Terracon has also proposed a task to provide continued environmental coordination and planning services associated with the NGRA. The purpose of this task is to facilitate coordination of the work at the various sites that comprise the NGRA, assist the City in seeking additional funding through Brownfields grants or loans, and developing a master schedule to assist the City in tracking the progress of the sites in anticipation for redevelopment. Delivering Success for Clients and Employees Since 1965 More Than 80 Offices Nationwide Mr. Raymond H. Moller City of Elgin Terracon Proposal P070355 Rev. 2 July 20, 2007 Page2of2 Terracon will conduct the work outlined in this proposal in concert with our overall plan and strategy for investigation and remediation of the North Grove Redevelopment Area, consisting of five redevelopment parcels. Terracon looks forward to working with the City of Elgin to complete this phase of the City's Brownfield Redevelopment Program. We stand ready to implement a cost- effective project and will seek out opportunities to minimize environmental clean up costs to allow the City to maximize its return on its redevelopment investment. If you have any questions or require clarification of this proposal, please contact the undersigned at (630)717-4263. Sincerely, Terracon Consultants, Inc. U6drivt, John M. Nardozzi, P.E. Marcia R. Sivek Principal Project Engineer cc: William Cogley, City of Elgin 2 Exhibit 1 SCOPE OF SERVICES FOR ENVIRONMENTAL CONSULTING AND ENGINEERING NORTH GROVE REDEVELOPMENT AREA McBRIDE STREET/FORMER RAILROAD ROW ELIGN, ILLINOIS Terracon Proposal No. P070355 Rev. 2 July 20, 2007 I. PROJECT INFORMATION Pursuant to the project team meeting for the North Grove Redevelopment Area on April 13, 2007, and more recent follow up discussions, the following additional needs have been identified to address the assembly of the North Grove Redevelopment Area parcels from an environmental assessment perspective. Key items that have are needed at this time to advance the Redevelopment Area are summarized as follows: o Phase I ESA for McBride Street/Former Railroad Right-of Way (ROW) and the Lamp Construction, Atlas Boiler, Convenience Store, and Remaining Residential/Apartment Parcels • Soil assessment for McBride Street/Former Railroad ROW ® Environmental Coordination and Planning Activities Terracon's recommended scope of work to address the above task are described below. II. SCOPE OF WORK The objective of the scope of work is to further advance the parcels that comprise the North Grove Redevelopment Area (NGRA) to a point where the entire redevelopment area is adequately assessed regarding environmental conditions. The following items address portions of the NGRA that have not previously been investigated as part of the site evaluation process. Where suspected or confirmed contamination is identified, it will be desirable for the City to complete a comprehensive site investigation and enroll the site(s) into the Illinois Site Remediation Program to obtain a No Further Remediation (NFR) letter. The work tasks that will be conducted under this assignment include the following: o Task 100— Phase I ESA— McBride Street/Former Railroad ROW and the Lamp Construction, Atlas Boiler, Convenience Store and Remaining Residential/Apartment Parcels. • Task 200— Limited Site Investigation—McBride Street and Former Railroad ROW o Task 300— Environmental Coordination and Planning Activities Terracon's proposed scope of service to implement the above tasks is provided below: Task 100--Phase I Environmental Site Assessment A Phase I Environmental Site Assessment (ESA)will be completed for remaining portions of the NGRA which have been identified by the City to include the McBride Street and Former (Chicago Northwestern) Railroad ROW, the Lamp Construction, Atlas Boiler, Convenience Store and the remaining residential/apartment properties along North Grove Avenue. Terracon recommends proceeding with Phase I assessment of these properties so that 3 City of Elgin Terracon Consultants,Inc. McBride Street/Former Railroad ROW North Grove Redevelopment Area Terracon Proposal No.P070355 Rev.2 July 20,2007 identified Recognized Environmental Conditions (RECs) associated with these parcels can be identified as early as possible and addressed as needed. The site area to be addressed by the Phase I ESA includes: • McBride Street and Former Railroad ROW extending approximately 1,400 feet from Jefferson Avenue south to the intersection of North Grove Avenue and McBride Street — approximately 2.4 acres. This ROW area includes the dedicated McBride Street ROW and the former Chicago and Northwestern Railroad ROW. • The triangular parcel of land south of Summit Street (extended), east of McBride Street and west of North Grove Avenue. This area currently includes Lamp Construction (460 N. Grove), Atlas Boiler (424 N. Grove), a Convenience Store and residential/apartment properties and is approximately 2 acres. • A rectangular parcel along North Grove Avenue identified as Lot 3 (130 ft by 120 ft) that currently is occupied by two residential structures. The site areas are as shown on the attached figure. The Phase I ESA will be performed to meet the requirements of the ASTM Standard E1527- 05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. This ASTM standard reflects the new (2006) All Appropriate Inquiry (AAI) rule for assessment of properties. The Phase I ESA will develop information to identify recognized environmental conditions (RECs). The Phase I will consist of the following components: • Perform on-site reconnaissance of the site, including a review of surrounding properties; o Conduct interviews with past owners/operators and City officials to obtain information indicating RECs associated with the site; o Collect and review historical use information from reasonably ascertainable sources to document past land use to 1940 or when the site was initially developed, whichever is earlier; • Obtain land title records and conduct a search to include environmental liens and/or land use limitations; • Review regulatory records pertaining to the site and off site properties within standard search radii of the site; • Review various public records to help identify recognized environmental conditions associated with the site or surrounding properties; • Prepare a final report which details the assessment findings, identifies recommendations, and includes supporting documentation. As the City has indicated that access is not currently available for all portions of the site, Terracon has included effort to conduct two phase site reconnaissance visits; so that work can be initiated on the immediately available parcels (i.e. McBride Street/Former Railroad ROW) and the subsequent parcels can be evaluated as access agreements are secured. Task 200—Limited Site Investigation—McBride Street/Former Railroad ROW Work Plan 4 City of Elgin Terracon Consultants,Inc. McBride Street/Former Railroad ROW North Grove Redevelopment Area Terracon Proposal No..P070355 Rev.2 July 20,2007 Upon completion of the Phase I ESA report, a work plan will be developed to investigate the site. The work plan will be developed in accordance general protocols of the Illinois Site Remediation Program (SRP) and will identify sampling procedures, laboratory analytical methods, and quality control methods for the work. In addition, 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 ESA findings to determine the location of proposed soil and groundwater sampling locations to assess potential contamination source areas. Terracon will develop the work plan to conduct a general soil assessment within the public right-of- way. Soil Assessment Terracon will utilize generally accepted environmental sampling procedures to assess current site conditions including advancement of soil borings. GeoProbe sampling will be conducted as a means of maximizing the production rate of field sampling activity. Based on cost considerations, Terracon suggests using an initial sampling strategy that collects only one sample per boring for laboratory. Terracon has based its cost proposal on completing 12 borings at the site. This scope of work will allow for a boring spacing of approximately 125 feet along the right-of-way alignment. Analytical testing will be performed for volatile organic compounds (VOCs), semi- volatile organic compounds (SVOCs), and priority pollutant metals (12 soil samples). In selected areas, notably the vicinity of the Elgin Salvage Yard at 464 McBride, three samples will also be analyzed for dioxins/furans and PCBs. Further, to assist in evaluation of the data, Terracon will obtain key data to conduct a Tier 2 Tiered Approach to Corrective Action Objectives (TACO) evaluation including soil pH and total organic carbon (foc). The proposed suite of analytical parameters will be reviewed and modified, if necessary, after completion of Task 100 to confirm its suitability for the site based on additional information obtained. Assessment of groundwater conditions is not anticipated to be necessary based on the knowledge that groundwater has been assessed on adjacent parcels both upgradient and downgradient of the ROW. Standard site characterization methods and field procedures will include: O Notification of JULIE, the utility locating service, to identify utilities at the site prior to initiating intrusive activities. Terracon will also consult with other knowledgeable parties, including the City's Department of Public Works, who may have information regarding public utilities in the ROW. O Soil screening protocols will include use of a photoionization detector (PID) combined with olfactory and visual screening to select subsurface soil samples. O 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. O Analytical methods will be in accordance with SW-846 methods; all analytical work will be performed by an accredited laboratory. 5 . . City of Elgin Terracon Consultants,Inc. McBride Street/Former Railroad ROW North Grove Redevelopment Area Terracon Proposal No.P070355 Rev.2 July 20,2007 o Terracon expects to utilize Level D personal protective equipment when conducting field investigation work. • Terracon will make temporary repairs using asphalt patch where the bore holes go fall within the existing street pavement. The longevity of such repair of the asphalt pavement is not guaranteed. Terracon assumes that the City will provide for or make arrangements for Terracon personnel to gain access to the site area to conduct the investigation activities. If a portion of the site investigation area is controlled by a third party, Terracon will provide a standard access agreement form to secure access rights. Hovva*er, effort associated with extensive permitting rmqu/remnmn1e, specialized inaononce, or other requirements imposed by the site owner is not included in the costs proposed herein. Limited Site lnvestiqation Report Terracon will prepare a Limited Site Investigation (LSI) report to address RECs and assess the constituents of concern that are identified during the site investigation activities. The LSI 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 potential contamination at the site. As part of the LSI, 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. Conducting Tier 2 or Tier 3 assessment of the data is not included in this scope of work. Task 300—Environmental Coordination and Planning Activities Terracon will continue to develop and refine an overall site closure strategy that is consistent with the site redevelopment objectives for the sites included in the NGRA. Services to be provided under this assignment include: • Participate in up to three project meetings with City representatives; • Develop and update a detailed project master schedule to track completion of the sites that comprise the NGRA; • Investigate grant/loan opportunities available from the IEPA to fund environmental activities within the NGRA; . * Submittal of one grant amendment to the existing Municipal Brownfields Redevelopment Grant (MBRG); and o Provide periodic updates to City personnel regarding the status of the p 'ect. in-house and Subcontracted Services Terracon has the necessary resources to undertake this project using existing in-house technical and support staff. Services that will be ouboontranted, and our proposed subcontract firms, are listed below: 6 . City of Elgin Terracon Consultants,Inc. McBride Street/Former Railroad ROW North Grove Redevelopent Area Terracon Proposal No.P070355 Rev.2 July 20,2007 Analytical Laboratory: First Environmental Laboratories, Inc, Naperville, IL Pace Analytical, Minneapolis, MN (dioxins/furans) Environmental Drilling Services: Environmental Probing Geminea, St. Charles, IL (GeoProbe sampling); and/or GeoServe, Inc., Woodstock, IL(Geoprobe Sampling, alternate provider) III. COMPENSATION Terracon will perform the services described herein on a time and expense basis in accordance with our current fee schedule. The maximum limit of compensation for work proposed herein is $32.690. Invoices for services will be issued on a monthly basis and will itemize staff cate0oriea, hours xxorked, rates and other direct costs associated with the work. Table 1 summarizes the overall project cost by task; Table 2 details the level of effort to conduct the work and indicates the planned personnel and other direct costa. Table 3 itemizes the proposed analytical program and Table 4 presents Terracon's fee schedule. IV. SCHEDULE The preliminary work schedule is outlined below. Tinmefor City review of draft documents and Illinois EPA review periods are not included. The project start date will be determined upon the award of the grant amendment and receipt of the City's notice to proceed. Adjustments to the project mchedu}e, if required, will be identified in Quarterly Progress reports. Task Description Estimated Task Duration 100 Phase I ESA 4 weeks 200 Site I — McBride Street/Former Railroad 6 weeks ROW 300 Environmental Coordination and Planning Activities Ongoing through the . duration of the p 'eot V. TERMS AND CONDITIONS Terracon will perform the services in accordance with the terms and conditions of the existing Agreement between the City of Elgin and Terracon dated October 27, 2004. It is anticipated that the proposed scope of work will be authorized as an amendment to this existing contract. 7 7►20►2007 Table 1 Project Cost Summary McBride Street/Former Railroad ROW City of Elgin (Revised Scope of Work) Task Description Total Estimated No. Effort Fee (Hours) 100 Phase I Environmental Site Assessment 36 $3,990 200 Site Investigation -McBride Street/ Former RR ROW 91 $19,200 300 Environmental Coordination/Planning for North 80 $9,500 Grove Redevelopment Area Total Estimated Labor Effort 207 Total Estimated Project Fee $32,690 fI Terracon Consultants,Inc. 1 Proposal P070355 Table 4 TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2007 PERSONNEL Labor Category Billing Rate A. Professional Staff 1. Staff Professional $75.00 2. Senior Staff Professional $85.00 3. Project Professional $95.00 4. Senior Prof./Project Manager $115.00 5. Principal $150.00 6. Expert Witness $200.00 B. Technician Staff 1. Technician $55.00 2. Remedial Specialist $70.00 C. Support Staff 1. Clerical $45.00 2. CADD Tech I $55.00 3. CADD Tech II $70.00 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) $75.00 /day Vehicle Charge(local area,within 25 miles of office,less than $40.00 /1/2 day 4 hours) Vehicle Charge(outside local area) $0.56 /mile Per Diem,Lodging and Food Minimum of $100.00 /day Miscellaneous charges,including analytical laboratory tests, Cost+15% shipping charges,rental equipment,outside labor,public transportation,materials,or other contracted services Terracon Consultants, Inc. 6 Proposal No. P070355 e .41 4 ..L '- 1.',e,i.re-*- \- -' i IC 4. 0 41..!0..it -',,. ,- Le.4 ". 1, - ,,,Arriii• • ' ' " ' '..;;r li-Ir ' " , ! - 4 .-'-'1,74:-,1,1 '• - .,-;1 ;'.:, , . , . w .,. t. ELGI .N �� wit �y.ff _ —r <—_:_:._-, 4 ,r *� te . 1 ' FORMER' . • ' t r *. t� :: �, w .' UMUERY D � .-*- • il' GIN, V r .'+7" � - • _ 3;i, r- q , ��a if s ��,'.'•'0,..:-.&-.."".'i .,l- ow fes. 'Y^ • \\,,l,, /, -1.; •, t 1 0 ,-,,e l ,e, i . /. .:t �\,. t ice, —.1..... ' r( i1l 1 t MER PUBLIC \ illemir.�,,. w'.brilIww0. *FORKS YARD y�.. \ < i 1.1. '16'' •' i 40 AMM STREET I ! - w. + SRPftett ��` ' I. i -:\ .. Ir ? .Hit, — 1 1 f : j.:Lif.....,14.., -' ..1701W IS s 4 3i. i .. o_ j � ^ •� �_t GAIL BOR , i tom ` t 1 LIBRA 1 r • i _ - Ik T. rt 1 ._fiI( n `l' - L' Aerial Map CO ▪ KEY: SRP - Site Currently Enrolled in Illinois Site Remediation Program NORTH GROVE REDEVELOPMENT AREA A CITY OF ELGIN S North Grove Redevelopment Area ELGIN,ILLINOIS .:=." IrLdlvidual Site Boundaries 714W189, JMN h N. 11067054 •• •• McBride Street/Chilrerracon s AS SHOWN sago&Northwestern RR Row h.peM M- SLM w (Investigation Area) OrsM Bp JMN 135Arrl,ae.ador Od+e MN Jur 1.2007 g Lamp Const AsrucdoNResidensment6al Parcels kw JMN ` e Weal 111, si JA • ® (Phase I sesArea) Flo Nome 11047054.+0o suroud vLews.air'N. 1 r to 0 F cs„ t City of Elgin Agenda Item No. , 7 *IfD10:7 ,t;:( • s NORTHWEST wirmr July 20, 2007 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Raymond H. Moller, Director o Economic Development and Business Services SUBJECT: Environmental Engineering and Remediation Services for 502 North Grove Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to authorize a contract with Terracon Consulting Engineers & Scientists for environmental engineering and remediation services for 502 North Grove Avenue. RECOMMENDATION It is recommended that the City Council authorize an environmental services contract with Terracon in the amount of$89,221. BACKGROUND The North Grove Residential Redevelopment Area consists of over 20 acres of property north of the new Gail Borden Library. Significant environmental contamination has been present on various parcels. The property located at 502 North Grove Avenue is included within the twenty acre redevelopment area and is the farthest advanced in the approval review process with the Illinois Environmental Pollution Agency. The agency has approved the site Investigation Report and the Remedial Action Plan. As part of the services proposed by Terracon under the scope of work, Terracon will complete the engineering services necessary to prepare for the clean-up, select a remediation subcontractor and conduct the remediation work. Terracon will oversee the remediation work performed by the subcontractor. When the clean-up is complete, Terracon will prepare a final Remedial Action Completion Report to document the clean-up activity and petition the IEPA for a no further remediation letter. elim‘ ro' Environmental Engineering & Remediation Services for 602 North Grove Avenue July 20, 2007 Page 2 The scope of work proposed by Terracon will have four elements. Task 1 —Engineering Services Task 2 —Remediation Services, Oversight& Coordination Task 3 —Documentation and Reporting Task 4—Site Remediation Progress Coordination Engineering Services - Conduct site location survey to field locate excavation areas, estimate UST location and potential building foundation locations. - Prepare final remediation cost estimates and prepare bid package for solicitation of subcontractor quotes. - Coordinate and conduct site walk with potential subcontractors to outline site conditions. - Review and evaluate subcontractor proposal and make selection of subcontractors with concurrence of the City. - Award subcontract agreement to selected subcontractor(s). Remediation Services, Oversight and Coordination Terracon's remediation oversight services will include the following: - Preparation of a Health & Safety Plan - Oversight of the remediation effort conducted by the subcontractor - Collect and analyze confirmation sampler to access compliance with the remediation objectives - Photo document the remediation action - Review subcontractor invoices for verification of work quantities The actual cost of the remediation effect (special waste soil excavation and underground tank removal) is included within this budget line item. • (00.- Environmental Engineering & Remediation Services for 602 North Grove Avenue July 20, 2007 Page 3 Terracon will utilize the selected subcontractor to dig test pits in the vicinity of the northwest corner of the former on-site building. The purpose of the test pits is to identify the location of the known underground storage tank as well as to confirm that there are no other USTs in this area. This scope of work for remediation assumes that only one UST is present onsite. Reporting and Documentation Terracon will prepare a Remedial Action Completion Report (RACR) for the site in accordance with the requirements of the Illinois Site Remediation Program. Site Remediation Program Coordinator Terracon will coordinate with the Illinois Environmental Protection Agency Site Remediation Program Project Manager during the course of the project in an effort to secure the No Further Remediation letter for the site. The maximum not-to-exceed cost for the scope of services outlined above is $89,221. r COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None (?)/(PEINANCIAL IMPACT The cost of the proposed services by Terracon will total $89,221. A total of $1,305,000 is budgeted in the Riverboat Fund, account number 275-0000-791.92-32 project number 030100, North Kimball Remediation. Currently $1,268,682 is available to fund expenses related to the project. Following approval of this expenditure $1,179,461 will be available for funding environmental expenses at the North Grove Redevelopment Site. mial7GAL IMPACT The award of this contract is an exception to the procurement ordinance.