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HomeMy WebLinkAbout19-120 Resolution No. 19-120 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH O'BRIEN & GERE ENGINEERS, INC. FOR ENVIRONMENTAL INVESTIGATION AND REMEDIATION DESIGN AND BIDDING SERVICES FOR ENVIRONMENTAL REMEDIATION SERVICES REGARDING THE CITY-OWNED PROPERTY LOCATED AT 40 ANN 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 investigation and remediation design and bidding services for environmental remediation services regarding the city-owned property located at 40 Ann Street,a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: August 14, 2019 Adopted: August 14, 2019 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 14th day of August, 2019, 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, part of Ramboll (hereinafter referred to as "CONSULTANT"). WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional services for pre-environmental remediation services including further environmental investigation and remediation design and bidding services for the City owned property at 40 Ann 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 pre-remediation services related to the ongoing environmental remediation of the City owned property at 40 Ann Street, Elgin, Illinois, as outlined in the CONSULTANT's proposal therefore dated May 23,2019,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, dependent on TEPA review time, is approximately eight weeks. Neither party shall be liable for loss or damage suffered by the other as a result of any failure 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 ofall 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 Seventy-Two Thousand Seven Hundred and Eighteen Dollars($72,718.00). 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 - 2 - reasonable times during the Agreement period and for one(1)year after termination of this Agreement. 6. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof,the CITY may terminate this Agreement at any time upon thirty(30)days prior written notice to the CONSULTANT.In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the amount set forth under Paragraph 4 above. 7. TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed concluded on the date the CITY determines that all of the CONSULTANT's work underthis 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 - 3 - limited to, the Local Government Prompt Payment Act (50 ILCS 501/1, et seq.), as amended, or the Illinois Interest Act (815 ILLS 205/1, et seq.), as amended. The parties hereto further agree that any action by the CONSULTANT arising out of this Agreement must be filed within one year of the date the alleged cause of action arose or the same will be time-barred.The provisions of this paragraph shall survive any expiration,completion and/or termination of this Agreement. 10. INDEMNIFICATION To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify 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. -4 - B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned,non-owned and hired motor vehicles with limits of not less than$500,000 per occurrence for bodily injury and/or property damage. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than$1,000,000 per claim.A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30)days prior written notice to the DIRECTOR. 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 ofpay 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 - 5 - assignment, delegation or subcontract had been made. Any proposed subcontractor shall require the CITY's advanced written approval. 16. NO CO-PARTNERSHIP OR AGENCY This Agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto. 17. SEVERABILITY The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. 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 - 6 - 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: 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 - 7 - 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: John M.Nardozzi, P.E. Principal 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. - 8 - 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. 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 E IN: O'BRIEN&GERE ENGINEERS, INC.: Richard G. Koza City • anagen •I M `71 Q.toeo ri By: Attes • N. • 'rint: T b,v Al. A/aratozz/ aelA Title: Se»ie✓ khtfla jiyri Ei jiifeer City Clerk F:\Legal Dept\Agreement\O'Brien&Gere Engineers Agr-40 Ann Street-7-12-19.docx - 9- 1 ATTACHMENT A SCOPE OF SERVICES ATTACHMENT A 110 G Part of Ramboll May 23,2019 Mr.William A.Cogley Corporate Counsel City of Elgin 150 Dexter Court Elgin,IL 60120 Via email: Cogley w@cityofelgin.org RE: Proposal for Pre-Remediation Services Former Elgin Public Works Yard-40 Ann Street OBG File No.72675 Dear Mr.Cogley O'Brien&Gere Engineers,Inc.(OBG),part of Ramboll,is pleased to submit this proposal to provide pre- remediation services at the former Elgin Public Works Yard site located at 40 Ann Street.This parcel is situated on the east bank of the Fox River,north of the Gail Borden Library and south of 464 McBride Street site(former Elgin Salvage Yard).The scope of services outlined herein provides for OBG to conduct supplemental investigation services,respond to comments received from Illinois Environmental Protection Agency(IEPA), develop a revised Remedial Action Plan(RAP),and compile a set of bidding specifications and drawings to obtain competitive bids for site remediation work. Once OBG obtains the subcontractor bids,a separate contract will be prepared to implement the necessary and approved remediation work and prepare the documentation report that will seek to obtain a No Further Remediation(NFR)letter for the site. PROJECT BACKGROUND The former Elgin Public Works Yard site was enrolled into the Illinois Site Remediation Program(SRP) in December 2006,and investigated by the City of Elgin between 2006 and 2009.The site advanced within the SRP to a point where a Supplemental Site Investigation,Remediation Objectives Report and Remedial Action Plan (SSIR/ROR/RAP)dated January 9,2009,and prepared by Terracon Consultants,Inc.,was submitted to the IEPA. This report was approved by the IEPA in February 2009 with comments related to the proposed remediation objectives. Since late 2009,the approved remediation plan has not been implemented because funding was not available to proceed with the necessary remediation work.A Vapor Intrusion(VI)Addendum was submitted to IEPA on August 28,2017,prepared by Natural Resource Technology,Inc(NRT).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 December 28,2017,IEPA responded indicating that IEPA did not approve of the report and requested response to several items,some of which were related to the past site investigation work. Based on the current site status,OBG is proposing to perform supplemental investigation targeted to obtain information required for responding to IEPA's most recent comments.In addition,the investigation work will be utilized to fine tune the remediation plan and prepare the site for remediation by obtaining firm remediation costs from subcontractors to implement the necessary work. SCOPE OF SERVICES OBG will perform the following tasks with respect to the former Elgin Public Works Yard site: O 0 300 S Wacker Drive,Suite 1300 P 312-465-1740 OBG Chicago,IL 60606 www.obg.com Task 100 Site Reconnaissance and Boundary Survey OBG will conduct a site reconnaissance walk to review current site conditions at the former Public Works Yard. The site reconnaissance will be used to respond to IEPA's comments regarding an site activities that have occurred since 2009,including the potential for on-site dumping activities and/or storage of equipment and materials. OBG will also retain a registered land surveyor to prepare a new boundary survey and prepare a new legal description for the site.This work will be performed by A.J.Coulson,PC.The development of a new legal description will be required for recording the NFR letter to the title of the property.The City will be responsible for clarifying the ownership of all parcels that make up the site and to verify the final site boundaries prior to commissioning the boundary survey. As part of this task,OBG will also compile and review past reports pertaining to the site.In response to IEPA Comment#5,a new water well survey will be conducted by reviewing appropriate technical sources to update the prior reports.It is anticipated that no new potable drinking water wells have been located in proximity to the site. Task 110 Groundwater Sampling Event Per IEPA correspondence dated December 28,2017,a more detailed discussion of indoor inhalation exposure route has been requested.Similar to related comments regarding the 464 McBride Street and 520 McBride Street sites,OBG believes the best way to address the outstanding comment is to obtain a new set of groundwater data to assess current groundwater conditions.The last groundwater assessment was performed in November 2007,and only one monitoring well was sampled at that time.Details of the work 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 eight(8) existing on-site monitoring wells(MW-1 through MW-8)and redevelop the wells in an effort to obtain representative samples.The physical condition of each well will be inspected,and an assessment of the well's ability to produce new groundwater samples of reliable data quality will be performed.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 eight wells will be sampled.The costs include retaining an analytical laboratory to perform the following analyses: Analytical Parameters No.of Groundwater Analytical Method Samples Volatile Organic Compounds(VOCs) 8 8260B Semi-volatile Organic Compounds(SVOCs) 8 8270D (Including PAH compounds) Target Analyte List Metals(23 metals) 8 6020A(Mercury by 7470) pH(water) 8 90408 ■ All investigation-derived waste(IDW)generated will be collected in properly labeled,55-gallon drums.IDW includes soil cuttings,decontamination pad and plastic sheeting,personal protective equipment(PPE), OBG I PART OF RAMBOLL © 2019. ALL RIGHTS RESERVED I 2 O�� May 23,2019 72675-Elgin PWV-Pre Remediation Services 190523.docx Part of Ramboll decontamination water,and pumped groundwater.It is assumed all IDW will be left on-site and disposed of during future remediation activities. Task 120 Evaluation of Inorganic Contamination In its comments,IEPA indicated that evaluation of the soil component of the groundwater ingestion exposure route for inorganic parameters requires discrete pH measurement at each sample location.Prior investigation work(2006 to 2009) relied upon pH measurements taken from a smaller subset of soil sample locations to arrive at a representative pH value that could be applied to the entire site.Given this difference,OBG will resample selected on-site soils to re-evaluate the soil component pathway by using discrete soil pH values for each sampling location.OBG believes it is not cost effective to re-sample the large number of soil samples collected during the early investigation stages.Accordingly,the samples that will be reconfirmed are selected from those that had one or more exceedances of the soil component remediation objective.Further,the samples selected for re-analysis will not be taken from areas of the site where remedial excavations are planned,because such samples would not provide information representative of site conditions following the completion of the remediation work;however,the remediation areas will be subject to confirmation soil sampling after the remedial work is performed. Based on review of existing site data,OBG has selected 12 locations for resampling.To ensure that the surficial soils are adequately characterized,OBG will collect two samples at each boring location-one from the surficial zone(i.e.,0 to 3 feet),and one from a deeper soil horizon.The deeper sample will be collected from above the water table.This sampling plan will be confirmed with IEPA prior to implementation. OBG will analyze each soil sample for the 23 Target Analyte List(TAL) metals1 and soil pH.If any sample indicates an elevated pH level such that the TACO pH specific tables cannot be used,then the corresponding sample will be analyzed using Synthetic Precipitation Leaching Procedure(SPLP) methods to further assess the soil component exposure route. For the purposes of this proposal,the laboratory costs are estimated based on a maximum of eight samples requiring SPLP analysis.Further,based on previous IEPA comments,a selection of up to eight soil samples will also be analyzed for hexavalent chromium to allow evaluation using the pH specific soil remediation values provided in the TACO regulations(i.e.,Appendix B,Table C). All IDW generated will be collected in properly labeled,55-gallon drums.IDW includes soil cuttings, decontamination pad and plastic sheeting,PPE,decontamination water,and pumped groundwater.The IDW will be left on-site and disposed of during future remediation activities. Task 130 Further Site Delineation/Waste Characterization Based on recent information obtained through test pit activities in the northwestern portion of the site,the potential exists that the remediation area will be larger than reflected in the original Remedial Action Plan.The test pits conducted by OBG suggested the"carry-over"of contamination from the former salvage yard operations at 464 McBride Street onto the Public Works Yard site,particularly in the northwest corner of the site.To further define the remediation necessary,OBG will advance up to 12 additional soil borings to better define the extent of contamination so that the RAP and soil remediation quantities can be updated.One soil 1 The TAL list of metals is based on the SRP regulations,40 Illinois Administrative Code(IAC)Part 740,Appendix A. Cyanide is not included in the scope as previous investigation work concluded that cyanide as not a constituent of concern for the site. OBG I PART OF RAMBOLL © 2019. ALL RIGHTS RESERVED I 3 OBG May 23,2019 72675-Elgin PWY-Pre Remediation Services 190523.docx Part of Ramboli sample from each boring will be analyzed for VOCs,SVOCs,TAL metals and pH.Samples will be selected based on field screening using a photoionization detector(PID)and field judgement. In preparation for the remediation work,OBG will also collect two waste characterization samples while mobilized on-site with drilling equipment.Waste characterization samples will be collected as composite samples from the planned remediation areas so that the landfill can be provided an accurate representation of the impacted soils that will be disposed of at a licensed Subtitle D landfill.The waste characterization samples will be analyzed for toxicity characteristic leaching procedure(TCLP) metals,TCLP VOCs,TCLP SVOCs, polychlorinated biphenyls(PCBs),pH,flashpoint,and paint filter. Two soil borings advanced in unimpacted areas of the site will be analyzed for total organic carbon(foc) in accordance with SRP protocols. Previous investigation data presented to IEPA reflected a wide disparity in the total organic carbon results.The additional foc data will be used to determine an average foc value for the site so that Tier 2 remediation objectives can be confirmed or updated as needed. All IDW generated will be collected in properly labeled,55-gallon drums.IDW includes soil cuttings, decontamination pad and plastic sheeting,PPE,decontamination water,and pumped groundwater.It is assumed all IDW will be left on-site and disposed of during future remediation activities. Task 140 IEPA Coordination and Updated RAP OBG will present the additional sampling program outlined in this proposal to IEPA as an informal work plan to inform IEPA of the planned approach to address the most recent IEPA comments(December 28,2017).This dialogue with the Agency will occur prior to proceeding with implementation of the field work. Following completion of field work and review of the data,OBG will prepare a complete response to comments letter to the IEPA to specifically address each of the comments in IEPA's December 2017 review letter.In addition,an Updated Remedial Action Plan will be prepared to indicate the final proposed remedial plan for the site,which will incorporate any changes to the plan as required by the new data.OBG anticipates that the Updated RAP will borrow from material previously presented in the Terracon report,but will be expanded as needed to modify the plan as needed based on new data. Task 150 Design Plans and Specifications Following completion of the above tasks,OBG will complete design activities related to the IEPA-approved Remedial Action Plan 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 IEPA SRP. BUDGET OBG proposes to complete the scope of work as described herein on a time and materials basis with an estimated not-to-exceed fee of$72,718,which includes OBG's professional labor costs,subcontracted laboratory and drilling services,travel and direct expenses required to complete this scope of work.A breakdown of the costs is as follows: OBG I PART OF RAMBOLL 5 OB( © 2019. ALL RIGHTS RESERVED 14 7267 May 23,2019 5-Elgin PWV-Pre Remediation Services 190523.docx Part of Ramboll Task No. Task Description Estimated Effort Estimated Cost (hours) Including Subs 110 Site Reconnaissance/Boundary Survey 34 $7,468 120 Groundwater Sampling Event 40 $10,327 130 Evaluation of Inorganic Contamination 42 $16,917 140 Further Site Delineation/Waste Characterization 28 $10,914 150 IEPA Coordination and Updated RAP 104 $12,107 160 Design Plans and Specifications 120 $14,984 Total 372 $72,718 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 terms and conditions previously negotiated with the City of Elgin for similar sites(i.e.,464 and 520 McBride Street).Please refer to the attached breakdown of costs for additional details.All services will be invoiced in accordance with OBG's 2019 Preferred Fee Schedule,attached. 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 the site.The estimated time for completion is approximately eight weeks,but will be dependent on IEPA review time. We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you on this project.Please feel free to contact the undersigned at 773.796.4601 or via email at john.NardozziCTobg.com,if you have any questions regarding this proposal. Sincerely, O'BRIEN&GERE ENGINEERS,INC. kt -1/1 4--"AV r n M.Nardozi,� P.E.. for Managing Engineer Cc: Robert C.Woodruff IV,OBG Attachments: Preferred Fee Schedule Summary of Estimated Costs I:\Elgin-City.30719\68177.2407-City of EI\PM\Proposals\72675-Elgin PWY-Pre Remediation Services.docx OBG I PART OF RAMBOLL G OBG © 2019. ALL RIGHTS RESERVED 15 May 23,2019 72675-Elgin PWY-Pre Remediation Services 190523.docx Part of Rarnboll O'BRIEN&GERE ENGINEERS, INC. ENVIRONMENT-MIDWEST PREFERRED FEE SCHEDULE Effective through December 31,2019 Personnel Category Hourly Billing Rates Officer $170-$200 Project/Technical/Division Manager 2 $160-$195 Project/Technical/Division Manager 1 $130-$175 Consultant $140-$190 Engineer 3/Scientist 3 $120-$155 Engineer 2/Scientist 2 $95-$120 Engineer 1/Scientist 1 $80-$95 Business Professional $70-$130 Field Technician $65-$90 Administrative $60-$80 Project Expenses Travel,lodging,meals,fuel,rental vehicle Cost+5% Field equipment,supplies,company vehicles, mileage, per diem Per unit rates In-house expenses 6%of invoiced labor (e.g.,computers,software and support, photocopies,office supplies, long-distance telephone, postage, project closeout,file storage) Rebillables Vendor expenses Cost+10% (e.g., materials, external drawing and document reproduction, express delivery, miscellaneous field supplies) Subcontracted Services Drilling,laboratory,and other subcontractors and subconsultants Cost+10% Note:A labor multiplier of 1.5 times the normal rate will be used for all staff providing sworn testimony. CONFIDENTIAL OBG I THERE'S A WAY PAGE 1 SUMMARY OF ESTIMATED COSTS O'Brien&Gere Engineers,Inc.: OBG,Part of Ramboll CUENT: City of Elgin PROJECT DESCRIPTION: Elgin Public Works Yard-40 Ann Street-Pre Remediation Tasks PROJECT/PROPOSAL: 72675 OBG PROJECT MANAGER: John Nardoui Task Number: Task 100 Task 110 Task 120 Task 130 Task 140 Task 150 Site Metals Site Updated Task Description: GW Sampling RAP/IEPA Plans&Specs Recon/Survey Invest/Eval Delineation Coord TOTAL PERSONNEL Rate Project Manager Hours 6 8 8 8 12 16 58 ).Nardoui $190 Costs 1140 1520 1520 1520 2280 3040 $11,020 Project Manager 1 Hours 0 0 0 00 4 4 T.Lewis $156 Costs 0 0 0 0 0 624 $624 Engineer 3 Hours 4 2 4 2 4 6 22 T.Hofmann $152 Costs 608 304 608 304 608 912 $3,344 Engineer 2 Hours 12 10 10 8 30 50 120 R.Woodruff $107 Costs 1284 1070 1070 856 3210 5350 $12,840 Engineer 1 Hours 0 0 0 0 12 0 12 R.Banoff $92 Costs 0 0 0 0 1104 0 $1,104 Sdentist 1 Hours 4 20 20 10 12 20 86 ABarbeau $95 Costs 380 1900 1900 950 1140 1900 $8,170 Business Professional 1 Hours 6 0 0 0 10 20 36 s.stolz $97 Costs 582 0 0 0 970 1940 $3,492 Sdentf#1 Hours 0 0 0 0 20 0 20 E.aoiber $87 Costs 0 0 0 0 1740 0 $1,740 Administrative Assistant 3 Hours 2 0 0 0 4 4 10 J.Plarnann $73 Costs 146 0 0 0 292 292 $730 Hours 34 40 42 28 104 120 368 SUBTOTAL LABOR Costs $4,140 $4,794 $5,098 $3,630 $11,344 $14,058 $43,064 Administrative 6.0% Fee $248 $288 $306 $218 $681 $843 $2,584 CUENT: City of Elgin O'Brien&Gere Engineers,Inc.: OBG,Part of Ramboll PROJECT/PROPOSAL: Elgin Public Works Yard-40 Ann Street-Pre Remediation Tasks OBG PROJECT MANAGER: J.Nardoui Task Number: Task 100 Task 110 Task 120 Task 130 Task 140 Task 150 Updated Site Metals Site Task Description: Recon/Survey GW Sampling Invest/Eva) Delineation RAP/IEPA Plans&Specs Coord i UI AL EXPENSES Field Expenses 0 160 50 500 0 $260 Field Equipment(PID,H&S,Dusttraks.) 0 500 150 150 0 0 5800 Vehicles/Mileage 0 264 264 132 0 0 $660 RE BIL LABLES Per Diem:Meals&Expenses(GSA Overnight Rate) GSA Rates: No Fee 0 0 0 0 0 0 $0 Per Diem:Meals&Expenses(GSA Day Rate) Naar No Fee 0 64 64 32 0 0 $160 Sub Total 0 64 64 32 0 0 $160 Misc.Proj.Materials/Supplies(shipping) 0 0 0 0 75 75 $150 10.0%Fee 0 0 0 0 8 8 $15 Sub Total 0 0 0 0 83 83 5165 -n:50zrt l 3:11rv,il SUBCONTRACT SERVICES Number of Cost par Laboratory Analytical Service3 samples Sample Groundwater TA-5 day TAT 8 0 3570 0 0 0 $3,570 Soil/Waste Characterization TA-5 day TAT 44 0 0 7787 3893 0 0 $11,680 Analytical Subtotal 52 0 0 3570 7787 3893 0 0 $15,250 pripina.Geoarobe Semi= Geoprobe-Mob Fee&Daily ESP 2 Days 0 0 2000 2000 0 0 $4,000 Survevirra Services Registered Land Surveyor AI Coulson 2800 0 0 0 0 0 $2,800 Jnvestiaotive Waste D saosal Water 0 0 0 0 0 0 $0 Soil 0 0 0 0 0 0 $0 Drums 0 300 200 200 0 0 $700 Other o 0 0 0 0 $o SUBCONSULTANTSERVICES Test Pits-Stiles,Inc. Not included 0 2500 0 0 0 0 0 $0 Subtotal 2800 3870 9987 6093 C 0 522,750 Administrative Fee 10.0%Fee 280 387 999 6090 0 $2,275 SUBTOTAL SLR.SERVICES $3,080 $4,257 $10,985 $6,703 $0 $0 • TOTAL ESTIMATED COSTS $7,468 $1 - - ,,'21/os,