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HomeMy WebLinkAbout07-216 Resolution No. 07-216 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR ENGINEERING SERVICES AND REMEDIATION AT 502 N. GROVE AVENUE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with Terracon Consultants,Inc.for engineering services and remediation at 502 N.Grove Avenue,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 22, 2007 Adopted: August 22, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 7 .0 p •:. AGREElvIENT THE AGREEMENT is made and entered into thisaa4day ofk , 2007,by and between the CITY OF ELGIN, an Illinois munirinal corporation (hereinal..frtt referred to as "(21.1 Y") and Terracon Consultants, Inc. , ,a corporation orcrani7ed and existin 0-Itacier fbe 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: 1. 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 CONSULTANTS Scope of Services document entitled'Proposal for Environmental Engineering and Remediation Services North Grove Redevelopment Area 502 North Grove Avenue Site Eln,Illinois",dated July 6,2007,consisting of 14 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 o f thi s Agreement and the tellus 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 proj ect,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. 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$89,221 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. 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 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 CONSULTANTS 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 perfoiniance 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 teiniinated 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 William A. City of Elgin 150 Denier Ccnri E4_n, flhiois 601 _5555 B. As to CONSULTA2N—E: Mr. John Nardozzi Terracon Inc. 135 Ambassador Dr. Naperville, Illinois 60540 IN WETNESS WI-I PREOF,the undersigned have placed their hands%,-T-1 CI seals upon 2nd 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 TE-IE criY: FOR Terracon Consultants, Inc. 41ft By: "fri, A-A4tre ••_ City Al anger 040 M . &Imre/07.7i Attest: ND • fN, City Clerk F:\Lciral Dept\Ag-rrnent\Terracon Ln.7y.doc: - - EXHIBIT 1 SCOPE OF SERVICES AND PROJECT SCHEDULE - 8 - • OF k. <C4 tGi_ Agenda Item No. City of Elgin 8 I NORTHWEST -1 July 20, 2007 11' 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. 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. • 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. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None 9f0VINANCIAL 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. milL GAL IMPACT The award of this contract is an exception to the procurement ordinance. lierracon Consulting Engineers&Scientists 135 Ambassador Drive Naperville,Illinois 60540 Phone 630.717.4263 Fax 630.357.9489 www.terracon.com July 6, 2007 Mr. Raymond H. Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, Illinois 60120 RE: Proposal for Environmental Engineering and Remediation Services North Grove Redevelopment Area 502 North Grove Avenue Site Elgin, Illinois Terracon Proposal No. P070510 Rev. 1 Dear Mr. Moller: Terracon Consultants, Inc. (Terracon) is pleased to submit the enclosed proposal to the City of Elgin to provide environmental engineering and remediation services related to the 502 North Grove Avenue Site. This site, also known as the Former Lumberyard Site, is part of the North Grove Redevelopment Area (NGRA) in Elgin, Illinois. This proposal presents a scope of work to undertake the remediation of this site in accordance with the Remedial Action Plan, as prepared by Terracon and approved by the Illinois Environmental Protection Agency (TEPA). Under the proposed scope of work, Terracon will complete the engineering services necessary to prepare for remediation, select a remediation subcontractor and execute the remediation work. During the course of the project, Terracon will oversee the remediation efforts on a construction oversight basis. Upon completion, a final Remedial Action Completion Report (RACR) will be prepared to document the clean up activity and petition the IEPA for a No Further Remediation (NFR) letter. 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 Delivering Success for Clients and Employees Since 1965 More Than 80 Offices Nationwide Mr.Raymond H.Moller 11'�rracon City of Elgin Terracon Proposal P070510 June 21,2007 Page 2 of 2 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. M John M. Nardozzi, P.E. Principal cc: William Cogley, City of Elgin 2 Scope of Work North Grove Redevelopment Area Engineering and Remediation Services 502 North Grove Avenue Elgin, IL Terracon Proposal No. P070510 Rev. 1 I. PROJECT INFORMATION The subject site is the Former Elgin Lumberyard Site located at 502 North Grove Avenue, Elgin, Illinois. The site is currently enrolled in the Illinois Site Remediation Program (SRP) and has advanced through the completion of an approved Remedial Action Plan (RAP). The purpose of this scope of work is to conduct the necessary engineering services to prepare the site for remediation, conduct underground storage tank (UST) removal and soil remediation work as generally outlined in the RAP, and prepare the required Remedial Action Completion Report (RACR) to document the work. II. SCOPE OF WORK The work tasks that will be conducted under this assignment include the following: Task 100—Engineering Services Task 200—Remediation Services, Oversight, and Coordination Task 300—Documentation and Reporting Task 400—SRP Coordination Task 100—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 City. If loan funds are sought from the IEPA, additional quotations will be obtained from laboratories for analytical services. - Award subcontract agreement to selected subcontractor(s). City of Elgin 502 North Grove Avenue 1 rerr�c�n North Grove Redevelopment Area Terracon Proposal No.P070510 July 6,2007 Task 200—Remediation Services, Oversight and Coordination 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 on site; if additional tanks are discovered additional costs will be incurred. Terracon will oversee the test pit operations, field screen soils exposed during the excavation, and collect additional soil samples, if deemed necessary. Terracon will direct the subcontractor to backfill excavations using excess fill located on-site and rough grade the excavation areas. New fill material from off-site sources is not included. The remediation work quantities included in the estimated cost are presented below: Work:Element Description; Quantity Units Mobilization Subcontractor Mobilization, Utility 1 LS Clearance Soil Special Waste Soils — Excavation, 335 Tons Remediation — Transportation and Disposal at Landfill SRA#1 UST Removal 6,000 Pre-'74 Heating Oil Tank — 1 UST Excavate and Dispose Tank Soil Removal—Special Waste 280 Tons Site Regrade site to fill excavations using 1 LS Restoration on-site material; seed excavated areas for erosion control, site clean up Terracon's remediation oversight services will include the following: - Health and Safety Plan —A health and safety plan will be prepared in accordance with applicable OSHA requirements (35 CFR 1910.120). Terracon personnel working on- site will have 40-hour OSHA training. - Terracon's subcontractor will be directed to obtain utility locates for subsurface utilities on public property in the work area. The City will be requested to provide any available on-site utility information/location. - Terracon will oversee remediation efforts conducted by subcontractors —total 7 days of on-site filed work. Terracon will field document the work, obtain copies of disposal manifests for all materials disposed of off-site. - Monitor work quantities and progress. - Monitor conformance of work with respect to project objectives. City of Elgin lr1rrac®n 502 North Grove Avenue 1 r North Grove Redevelopment Area Terracon Proposal No.P070510 July 6,2007 - Hold regular progress meetings with City, subcontractors, and IEPA. - Collect and analyze confirmation soil samples to assess compliance with remediation objectives. Proposed costs include 9 soil samples associated with evaluation of test pits and 12 confirmation soil samples for UST closure and SRA#1. Analytical work includes VOCs, SVOCs/PNAs, and priority pollutant metals. - Photo document remediation work activities - Review subcontractor invoices for verification of work quantities Proposed remediation work does not include the excavation and removal of remnant retaining walls or building foundations on-site. Further, Terracon assumes that the City will assume responsibility for relocation of stored materials (i.e., Crocker Theater façade), if such items are located within the work area. Task 300— 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 (35 Ill. Adm. Code Part 740). The RACR will document the remediation activities, describe how the remediation work accomplished the established remediation objectives, and include a Professional Engineer's certification. The report will present the results and evaluation of the confirmation soil sampling and other visual observations and field screening conducted by Terracon. The report will also include"as-built" sketches to reflect the location of work performed. Two copies of the RACR will be provided to the City and two copies will be issued, upon review and approval, to the IEPA. Task 400—SRP Coordination Terracon will coordinate with the IEPA SRP Project Manager during the course of the project in an effort to secure the NFR for the site. These services include making routine telephone contact with the IEPA Project Manager, conducting on-site meetings during the work effort (if requested by IEPA) and following up on submittals made to IEPA. III. COMPENSATION Terracon will perform the services described herein on a time and materials basis for Terracon's labor and a unit price basis for the subcontracted remediation service. The maximum not-to- exceed limit of compensation for work proposed herein is $89,221. Invoices for services will be issued on a monthly basis and will itemize staff categories, hours worked, 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 costs, Table 3 itemizes the proposed analytical program and Table 4 presents Terracon's fee schedule. City � -' —~� UN��rKacon � 502 North Grove Avenue North Grove Redevelopment Area Terracon Proposal No.P070510 July 6,2007 Cost Assumptions The following general cost assumptions have been considered in developing the scope of work and estimated pject budget: 1. All field work by Terracon is assumed to be performed under a Level D Health and Safety protocol. If upgrades to Level C or B are required, additional costs will accrue. 2. Work will occur during normal workday hours (Monday through Friday, 7:00 am to 5:00 pm). If work is required at night or on weekends, cost surcharges may be applicable to labor rates and subcontracted costs anticipated in the budget. 3. Soil and groundwater samples will be analyzed at standard laboratory turnaround times. 4. Field work will be performed under reasonable weather conditions and without major weather delays or interruptions. 5. The client is responsible to provide access to the sites and compile available information that may be pertinent to Terracon's scope of work. 6. The project budget assumes clear access to the locations where remediation work is to occur. The p '^ectbudgetdmeonotinc|udeooa1oformernovingornm|ocstingdebrioorstoned nmmteha|e, extensive concrete cmhnW, demolition of any structure or impediment, utility relocation or modification, or any other related activity associated with gaining access to the remediation work area. 7. Costs associated with repair or replacement of damaged utilities that are unmarked by JULIE or not otherwise brought to the attention of Terracon by the client prior to performing field work are not included. 8. Project deliverables ond reports will be reviewed one time by the client. Costs to address multiple reviews or reviews by additional third parties that require submittal of additional report drafts or labor are not included in the budget. 9. Costs proposed herein do not include SRP review costs or other IEPA fees associated with the submittal and review of reports. 10.This proposal assumes that the City will not be pursuing IEPA loan funds for this project. As such, services related to preparation of a community relations plan, action memo, loan fund administration, and/or quarterly progress reports are not included in this scope of service. 7/6/2007 Table 1 Cost Summary City of Elgin - North Grove Redevelopment Area Remediation Program 502 North Grove Avenue Task/Description Estimated Cost Percent of total 100 Engineering Services $5,256 5.9% 200 Remediation &Oversight $75,885 85.1% 300 Documentation/RACR Report $5,090 5.7% 400 SRP&NFR Coordination $2,989 3.4% Total Project Costs $89,221 100.0% Terracon Consultants, Inc. P070510 i Table 2 Cost Estimate and Level of Effort 502 North Grove Avenue Site-Former Elgin Lumber Yard City of Elgin cost Task pescrlutlon Estimate 100 Engineering Services Remediation Cost Estimates Bid Specs and Contractor Bidding Coordination Site Walk with Subcontractors Evaluation of Bids and Selection Recommendation Subcontracts TERRACON Labor personnel j2 (a g Est.Hrs Principal/Sr.Project Manager J.Nardozzl 5150.00 12 51,800 Senior Professional E.Powtey $115.00 4 $460 Senior Staff Professional M.Sivek $85.00 24 $2,040 Staff Professional J.Swanson $75.00 6 $450 Clerical/Admin A Meza $40.00 4 $160 Field Vehicles 2 Days $75.00 1.00 $150 In-House ODCs 4.00%Dir.Labor 1.0 1 Subtotal Task IA $5,256 Subtotal-Task 100 $5,256 200 Remediation Oversight Soil Remediation 4.0 Days Utility Coordination 0.5 Day Final Inspection 0.5 Day Test Pits 2,.0 Days 7.0 TERRACON Labor Personnel Bats Est.Hrs Principal/Sr.Project Mgr. .1.Nardozzl $150.00 7.0 $1,050 QA/QC,Coordination E.Povdey $115.00 4 $460 Senior Staff Professional M.Sivek $85.00 70 55,950 Staff Professional J.Swanson $75.00 8 $600 Health&Safety M.Wilson $85.00 2 $170 ClericatAdmin A Meza $40.00 2 $80 Other Direct Costs Analytical Services 1 Quote $9,708.65 1.12 $10,874 (Table 4) Field Expendables 7.0 Days $75.00 1.00 $525 PID 7.0 Days $75.00 1.00 $525 GPS Survey Equipment 1 Days $195.00 1.00 $195 Field Vehicles-Truck 7.0 Days $75.00 1.00 $525 Subtotal $20,954 'Subtotal-Task 200 520,954 300 RACR Report Prepare RACR report per SRP Requirements. 2 copies of draft report furnished for review,4 copies of final report for submission TERRACON Labor Personnel Rata Est Hh. Principal/Sr.Project Mgr. J.Nardozzl $150.00 6 $900 Review,QA/QC E.Powlay $115.00 4 $460 Senior Staff Professional M.Sivek $85.00 20 $1,700 Staff Professional J.Swanson $75.00 10 $750 CADD Tech.II S.Morin $65.00 12 $780 Admin Support A Meza $40.00 4 $160 Other Direct Costs Vehicles 2 Days $75.00 1.0 $150 In-house ODCs 4.00%Dir.Labor 1.0 $190 Subtotal $5,090 Subtotal-Task 300 $5,090. 400 SRP Coordinatton/NFR Follow UP Work Includes coordination and follow up with SRP Project Manager,NFR review and finalization. SRP fees to be paid directly by City TERRACON Labor Personnel Bats Est.Hrs Principal/Sr.Project Mgr J.Nardozzi 5150.00 12 $1,800 Senior Staff Professional M.Sivek $85.00 10 $850 Clerical/Admin A Meza $40.00 2 $80 Total Labor Effort 24, Other Direct Costs Vehicles 2 Days $75.00 1.0 $150 In-House ODCs 4.00%Dir Labor 1.0 $109 !Subtotal-Task400 $2,989 GRAND TOTAL- Terracon Professional Services $34,289 Terracon Consultants,Inc. 1 Proposal No.P070510 Table 3 7/6/2007 • Remediation Cost Estimate 502 North Grove Avenue Site Elgin, Illinois Area Comment Qty Units Waste Type Unit Cost Extended Cost $ICY GTD Quote-4/16/07 A. Mobilization 1 EA $2,500 $2,500 1 SRA#1 Southwest corner of Site Excavation,transporation and 336 Tons Special Waste $43.50 $14,616 adjacent to former site disposal of SVOC and lead structure. Excavation depth to impacted soil. 5 ft.bgs. 2 UST Removal SWC of site 6,000 gal.Pre'74 heating Oil-Non 1 UST $5,600.00 $5,600 regulated Removal of Impacted Soil around 280 Tons Special Waste $43.50 $12,180 UST 4 Test Pit Excavations Potential UST areas along Subcontractor to supply backhoe 2 Days None $1,800.00 $3,600 building foundation and operator. 5 Site Restoration Seeding of Site for Erosion 1 Acres $1,600.00 $1,600 Control, minor grading Subtotal $40,096 6 Contingency $10,024 GRAN D,TOTAL $54,932 Notes: 1.) Soil Bulking Factor= 2.) Unit cost includes excavation of impacted soils,segregation and on- site staging,transportation and disposal as Special Waste. Also Terracon Consultants, Inc. Proposal No. P070510 Table 4 7/6/2007 Laboratory Analytical Costs and Unit Rates City of Elgin -North Grove Redevelopment Area ' Confirmation Soil Samples Confirmation Samples 502 North Grove Avenue Parameter Method Lab Unit Cost Soil Water Cost 1 R a A L H .- d o. a N to N ! TOTAL COST VOCs 5035/8260 First Env. $134.55 0 1 9 10 $1,345.50 0 $0.00 Priority Pollutant Metals(13) 6010 First Env. $139.04 12 9 21 $2,919.74 0 $0.00 SVOCs 8270 First Env. $224.25 12 1 9 22 $4,933.50 0 $0.00 TPH 8015 First Env. $67.28 0 $0.00 0 $0.00 Pesticides/PCBs 8081/8082 First Env. $134.55 1 1 $134.55 0 $0.00 PCBs 8082 First Env. $89.70 0 0 $0.00 0 $0.00 BTEX 5035/8260 First Env. $44.85 0 $0.00 0 $0.00 PNAs 8310 First Env. $112.13 0 $0.00 0 $0.00 Barium 6010 First Env. $8.97 0 $0.00 0 $0.00 Lead,Total 6010 First Env. $8.97 0 $0.00 0 $0.00 TAL Metals(23) Various First Env. $228.74 1 1 $228.74 0 $0.00 TCLP Metals-Lead First Env. $92.69 0 0 $0.00 0 $0.00 Chromium-Hex First Env. $35.88 0 $0.00 0 $0.00 Dioxin/Furans RapidScreen Eno River $230.00 0 $0.00 0 $0.00 Dioxin/Furans(Confirm Pos.) 8290 Eno River $575.00 0 $0.00 0 $0.00 Dioxin/Furans 8290 Eno River $862.50 0 $0.00 0 $0.00 FlashPt,Paint Filter First Env. $31.40 0 $0.00 0 $0.00 Encore Preservation First Env. $13.80 0 9 9 $124.20 0 $0.00 pH 9060A First Env. $11.21 2 2 $22.43 0 $0.00 Total Organic Carbon/Grain Size 9060A First Env. $22.43 0 $0.00 0 $0.00 Asbestos Samples Terracon $9.00 0 $0.00 0 $0.00 Totals 26 $9,708.65 0 $0.00 Grand Total $9,709 Subcontract Lab: First Environmental Laboratories,Inc. Naperville,IL Terracon Consultants,Inc. 5 Proposal No.P070510 Table 5 TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2007 II 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 Professional $115.00 5. Principal $150.00 6. Expert Witness $200.00 B. Technician Staff 1. Technician $50.00 2. Remedial Specialist $70.00 C. Support Staff 1. Clerical $40.00 2. CADD Tech I $45.00 3. CADD Tech II $65.00 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 4 $40.00 /1/2 day hours) Vehicle Charge(outside local area) $0.56 /mile Per Diem,Lodging and Food Minimum of $85.00 /day Miscellaneous charges,Including analytical laboratory tests,shipping Cost+15% charges,rental equipment,outside labor,public transportation, materials,or other contracted services Proposal No.4403197 Terracon, Inc. 4 S. . -ST _1 July 20, 2007 (F7 r) H, TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Raymond H. Moller, Director of 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. 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. , 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. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL 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. LEGAL IMPACT The award of this contract is an exception to the procurement ordinance. Environmental Engineering & Remediation Services for 602 North Grove Avenue July 20, 2007 Page 4 ALTERNATIVES 1. The City Council may choose to enter into a contract with Terracon for environmental services at the North Grove Avenue Residential Redevelopment Site in the amount of $89,221. 2. The City Council may choose not to enter into an environmental services contract with Terracon. Respectfully submitted for Council consideration. RHM/jr Attachment