96-88 Resolution No. 96-88
RESOLUTION
AUTHORIZING EXECUTION OF A CONTRACT WITH ATEC ASSOCIATES, INC.
FOR ENVIRONMENTAL TESTING OF 502 N. GROVE AVENUE AND
520 MCBRIDE STREET
(SEIGLE PROPERTY)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute a professional services agreement on behalf of the
City of Elgin with ATEC Associates, Inc. for environmental
testing of the property located at 502 N. Grove Avenue and
520 McBride Street, a copy of which is attached hereto and
made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: March 27 , 1996
Adopted: March 27, 1996
Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
April 8, 1996
MEMORANDUM
TO: Loni Mecum, City Clerk
FROM: William A. Cogley, Assistant Corporation Counsel
SUBJECT: Contract with ATEC Associates, Inc. for Seigle
Property
Attached for your files find the fully executed Professional
Services Agreement with ATEC Associates, Inc. for
environmental consulting services for the Seigle property
located at 502 N. Grove Avenue and 520 McBride Street.
Aot
WAC
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Attachment
PROFESSIONAL SERVICES AGREEMENT
This Agreement made and entered into this 27th day of
March, 1996, by and between the City of Elgin, an Illinois
municipal corporation, and ATEC Associates, Inc. , an Illinois
corporation (hereinafter referred to as "Consultant" ) .
WITNESSETH
Whereas, the City of Elgin requires the assistance of an
expert environmental consultant concerning environmental
conditions located at 502 N. Grove Avenue and 520 McBride
Street, Elgin, Kane County, Illinois; and
Whereas, Consultant is an expert in the relevant fields
and desires to render such assistance to the City of Elgin.
Now, therefore, for and in consideration of the mutual
promises and undertakings as set forth therein, and for other
good valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto agree as
follows :
1. Scope of Work.
Consultant shall provide and direct the necessary
qualified personnel to perform the services as set forth under
the ATEC Proposal Number 52-73081 attached hereto and made a
part hereof as Exhibit A.
2 . Fee.
So long as Consultant is discharging its obligations
hereunder to the reasonable satisfaction of the City of Elgin,
Consultant shall be paid a fee for such services at the rate
set forth in Table 1 of Exhibit A which is attached hereto and
incorporated by reference herein. Said fee shall not exceed
$34,073 .75 . Said fee shall be payable within sixty (60) days
of receipt by the City of Elgin of an itemized invoice for
services rendered by the Consultant.
3 . Rights in Results of Services .
The results of Consultant' s services under this agreement
shall be the exclusive property of City of Elgin, and all
documents (including without limitation, all writings,
drawings, blueprints, pictures, recordings, computer or
machine-readable data, and all copies or reproductions
thereof) which describe or relate to the services performed or
to be performed pursuant to this agreement or the results
thereof, including without limitation all notes, data, reports
or other information received or generated in the performance
of this agreement, shall be the exclusive property of City of
Elgin and shall be delivered to City of Elgin upon request
(except for one copy, which may be retained by Consultant for
its confidential files) . No articles, papers, treatises, or
presentations related to or in any way based upon or
associated with the services performed pursuant to this
agreement shall be presented or submitted for publication
without the prior written consent of City of Elgin
4 . Other Agreements .
Consultant warrants that it is not a party to any other
existing or previous agreement which would prevent Consultant
from entering into this agreement or which would adversely
affect Consultant' s ability to perform the services under this
agreement. During the term of this agreement Consultant will
not, without the prior written consent of City of Elgin,
perform services for any person, firm or corporation other
than City of Elgin if such service$ could lead to a conflict
with Consultant ' s obligations under this agreement.
5 . Subcontracting.
If Consultant intends to hire or retain any person, firm
or corporation to perform services under this agreement,
Consultant shall first secure the written agreement of such
party that such party ( 1) shall assume and agree to be bound
by the same obligations as Consultant has assumed under the
provisions of this agreement, and (2) that such party shall
not be or act as an agent or employee of City of Elgin, nor
assume or create any commitment or obligation on behalf of nor
bind City of Elgin in any respect whatsoever. Consultant
shall provide City of Elgin with a copy of each such written
agreement.
6 . Assignment.
Neither this agreement nor any of the rights or
obligations hereunder may be assigned or otherwise transferred
by Consultant, nor shall the benefits of this agreement inure
to the benefit of any trustee in bankruptcy, receiver or
creditor of Consultant, whether by operation of law or
otherwise, without the prior written consent of City of
Elgin. Any attempt to assign or transfer this agreement or
any rights hereunder without such consent shall be null and
void and of no force or effect.
7 . Independent Contractor
Consultant is and shall perform its services under this
agreement as an independent contractor, and shall not be
deemed an agent, employee or legal representative of City of
2
Elgin. Consultant has no authority to assume or create any
commitment or obligation on behalf of or to bind City of Elgin
in any respect whatsoever.
8 . Licenses and Permits .
Consultant shall obtain any and all licenses and permits
required by federal, state, or local statutes, regulations or
ordinances necessary for the performance of its services
pursuant to this agreement.
9 . Compliance with Laws .
While on the Facilit(y) (ies) , Consultant shall impose
word orders on its employees and subcontractors which are
designed to assure that they comply with all applicable
federal, state and local laws and regulations (including
occupational safety and environmental protection statutes and
regulations) in performing the services hereunder, and shall
comply with any directions of governmental agencies and City
of Elgin relating to site safety, security, traffic or other
like matters .
10 . Consultant' s Insurance.
Consultant shall obtain and maintain the following
policies of insurance:
( 1) Worker' s compensation and occupational disease
insurance in amounts required under the laws of the
State of Illinois;
(2) Comprehensive general liability and automobile
liability insurance for bodily injury, death or loss
of or damage to property of third persons in the
minimum amount of $1 million per occurrence which
policy shall name City of Elgin as additional
insureds . Consultant shall furnish to City of Elgin
a certified copy of such policies on or before
commencement of work.
11 . Severability.
If any portion of this agreement, or application thereof
to any person or circumstance, shall to any extent be invalid,
the remainder of this agreement, and the application of such
provision to persons or circumstances other than those as to
which it is held invalid, shall not be affected thereby, and
each provision of this agreement shall be valid and enforced
to the fullest extent permitted by law.
3
12 . Governing Law.
The validity, performance and construction of this
agreement shall be governed and interpreted in accordance with
the laws of the State of Illinois applicable to contracts made
and to be performed therein.
13 . Entire Agreement.
This agreement contains the entire understanding and
agreement between the parties hereto with respect to the
subject matter hereof and supersedes all previous
communications, negotiations and agreements, whether oral or
written, between the parties with respect- to such subject
matter, and no addition to or modifications of this agreement
or waiver of any provisions of this agreement shall be binding
on either party unless made in writing and executed by City of
Elgin.
CITY OF ELGIN ATEC ASSOCIATES, RC.
By By
Richard B. Helwig
At St: Attest: '' r
City Clerk
4
MAR-07-96 THU 17:39 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P, 02
ATEC Assoclates, Inc.
Environmental Consultants
2777 Fk ft Road,Unit 2 Solid&Hazardous Waste Site Asscwments
Downers Grove, G>ois 65 Remedial Design&Consa ucdon
�09)81&7272, (312)3y3-AM Underground Tank Management
T08)916-7013 FAX Asbestos&rvays&Ar>a gals
Hydrogedoy1c kmeatipstions&Monitoring
Analytical Tbstlng/Chemistry
March b, 1996 Industrial Hygiene/Hacard Communication
En*mne3ntal Audits&Permitting
Mr-William A. Cogley r�ra�v onitmg&Mex>doring Weus
Assistant Corporation Counsel
City of Elgin
150 Dexter Court
Elgin,Illinois 60120-5555
RE: Proposal for Phase H Subsurface Investigation
502 North Grove Avenue& 520 McBride Street
Elgin, Illinois
ATEC proposal Number 52-73081
Dear Mr. Cogley:
ATEC Associates,Inc. (ATEC)is pleased to submit to the City of Elgin this proposal to conduct a
Phase H Subsurface Investigation at the above-referenced site and assist your effort to determine its
suitability for purchase by the City of Elgin. ATEC understands that previous environmental
investigation of the site identified the following concerns:
• Although soil sampling near two underground storage tanks (USTs) revealed no
contamination, groundwater sampling near one UST revealed semivolatiles above historical
clean-up standards. Groundwater was not sampled near the other UST.
• One groundwater sample collected from the northwest corner of the site exhibited a slightly
elevated lead concentration.
+ An adjacent superfund site(Elgin Salvage Yard)has the potential to impact the site through
either air or groundwater migration of contaminants.
Levels of dioxins/furans,volatile organics, semi-volatiles, PCBs, pesticides and metals have
been revealed by previous sampling on the subject property.
As you requested, ATEC has prepared the following scope of work in an effort to determine what
contaminants and at what levels are present on the site. ATEC's scope of work has been developed
to investigate both on-and off-site sources of contamination.
Exhibit A
American Corpo mute Consulting Environmental,Geotocbnicx and
Officss in M4 W U.S Gitles/Shme 1950 Materials Engineers
• MAR-07-96 THU 17:40 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P. 03
Mr.W.Cosley
March 6,1996
Pate 2
1.0 SCOPE OF WORK
1.1 Historical Search
A Phase I Environmental Site Assessment (ESA) has not been prepared for the site. ATEC
recommends a limited Phase I ESA, which should include the following activities, be conducted:
• Regulatory Search
• Walk-through of the site
• Freedom ofinformation Act(FOIA)request regarding Elgin Salvage Yard
• Review of Sanborn Fire Insurance maps
• Review of aerial photographs
This information will be utilized to better understand the historical operations at the site and past
operations at the Elgin Salvage Yard. ATEC will summarize the findings of the limited Phase I ESA
in the final report described below.
1.2 Subsurface Investigation
ATEC understands that the City of Elgin may use the site for a park or open space. Either use will
involve public access to the site,thus creating a potential pathway for environmental risk. Therefore,
ATEC proposes to conduct a sample collection and analysis program in an effort to characterize
contamination at the site and,following completion of the site investigation, determine remediation
costs.
1.2.1 Soil and Groundwater Sampling Procedures
A maximum of 15 borings will be advanced in the locations shown on Figure I to an estimated
ma-,dmum depth of 20 feet or until groundwater is encountered. The boring locations are set on a
grid system throughout the site to allow adequate and uniform assessment of the site. The soil
borings will be completed using a Geoprobe4D equipped drill rig equipped with 4-foot stainless steel
samplers and disposable acetate liners. The soil samples will be collected at continuous 4-foot
intervals(0.0 to 4.0 it.,4.0 to 8.0 ft., etc.)to the base of the boring inside the acetate liners in order
to reduce the potential for cross contamination. GeoprobeO was chosen over conventional drilling
methods because it produces little to no soil cuttings and no purge or development water,thus saving
the Client waste characterization and disposal fees.
An ATEC geologist will inspect each soil sample in the field for staining, odors, or other physical
evidence of impairment. Soil samples will also be monitored in the field for the ernission of total
photoionizable vapors(TPVs)using an H Nu®photoionization detector(PM)or equivalent,which
measures TPVs in parts per million(ppm). A boring log that describes the field screening results and
lithologies encountered will be prepared during drilling activities.
Y:a�o:enr3osiyni.wpa
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• MAR-U7-96 THU 17:40 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P. 04
Mr.W.Cogky
M=h 6,1996
P,Vu 3
To adequately determine the vertical extent of contamination, soil samples will be collected from
three intervals at each of 15 sample locations: 1)from the upper 6 inches; 2) at 5 feet below ground
surface(BGS)in an attempt to determine the extent of any surface releases; and 3) at the soil/water
interfaw to determine if constituents have impacted soil through groundwater transport. The samples
will not be eomposited. Groundwater samples will be collected from each boring through the use of
a Geoprobe®water sampler or the implementation of driven well points. The soil and groundwater
samples will be collected,preserved,and transported to the ATEC laboratory in Indianapolis,Indiana,
using appropriate quality assurance/quality control (QA/QC) procedures and chain-of-custody
protocols.
1.2.2 Decontamination Procedures
Drilling and sampling equipment that enters the borehole will be cleaned prior to each use with a tap
water and non-phosphate detergent wash, a tap water rinse, and a final distilled water rinse.
Decontamination water generated during drilling activities will be placed into DOT-approved
55-6allon drums and staged on site to await proper disposal.
1.2.3 Chemical Analysis
Soil samples collected from the upper 6 inches will be analyzed for dioxin and furons. Since these
constituents are associated with the Elgin Salvage property, they would presumably have been
transported by wind onto the site. Considering the toxicity of dioxin and furons and their
identification at the Elgin Salvage Yard, ATEC believes that analyzing for these parameters at every
sampling location will provide a concise view of the potential contamination.
Soil samples from the 5-foot interval, soil samples from the soil/water interface, and groundwater
samples will be analyzed for volatile organics(VOAs),polychlorinated biphenyl(PCBs), polynuclear
aromatic hydrocarbons(PNAs), pesticides, and lead.
1.3 Report Preparation
Once the field work is completed, ATEC will prepare a confidential draft written report that will
include methodologies, findings, interpretations, conclusions, and recommendations. ATEC will
prepare an isoconcentration map of the concentrations identified through the analytical testing.
ATEC will discuss the findings ofthe assessment with the Client prior to finalizing the report. Once
the report is final,ATEC will also provide estimated costs for rcmediation, if necessary.
2.0 SCBEDULB
ATEC is prepared to begin this project immediately upon receipt of written authorization;the project
will be completed and a final report issued within six weeks of authorization (this includes one week
for review of the draft report by the City ofElgin). Soil and water samples will be analyzed on a two-
• MAR-07-96 THU 17:41 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P. 05
Mr.W.Cogley
March 6, 1996
Page 4
week turnaround basis,but can be expedited at an additional cost(except for the dioxin and furon
samples,which will require 10 working days for analysis). ATEC will provide weekly summaries to
the Client regarding the progress of the project,thus eliminating"surprises"in the report.
3.0 COST ESTRdATE
The scope of this project includes providing the services of an ATEC field geologist,collecting for
analysis a maximum of 45 soil samples and 15 groundwater samples, and generating the written
report of our findings and recommendations. ATEC proposes to perform the investigation on a time
and materials basis not to exceed$34,073.75 in accordance with the attached unit rates(see Table
1). ATEC will bill the Client only for actual time spent and expenses incurred. If the scope of this
project should differ from that specified in this proposal,then the costs would be modified to reflect
those changes. However,this cost estimate will not be exceeded unless unexpected conditions are
encountered or the scope of the project is changed significantly. Any changes in the work scope or
costs will be approved by you prior to the implementation of such changes.
` 4.0 AU'THORMA11ON
Please sign the attached Proposal Acceptance Agreement indicating you would like ATEC to
proceed. The cost outlined in our proposal will remain active for 60 days. If our proposal is not
activated within 60 days,ATEC reserves the right to modify the scope of work and/or costs for such
work to reflect current conditions.
We appreciate the opportunity to provide you with this proposal and look forward to working with
you on this project. We trust this submittal is responsive to your needs. if you have any questions
or comments, please do not hesitate to contact us at(708) 916-7272.
Sincerely,
American Testing and Engineering Corporation
dba ATEC.Associates,Inc.
444)30;;-,
` Q W
Kurt Winters Charlene Wilcox
Senior Project Manager Associate Vice President
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MAR-07-96 THU 17:41 ATEC ASSOCIATES CHICAGO FAX NO. 708 916 7013 P. 06
TABLE 1-COST ESTIMATE
502 North(kove Avenue&520 McBride gtrcct
Elgin.Illinois
ATEC Proposal Number 52-73081
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3enlor Reylaw 2 hours @ $90.00/hr $180.00
Proja4 Geologist 5 hour @ $75.00 $375.00
lField Gmlogist 24 hours® $55.00rhr 51,320.00
Iinvirenmantal Teohnioiau 24 hares @ $45.001ta $1,080.00
Draftsman 6 hours @ $45.001hr $270.00
Site Investigation Report R el aration 30 hairs @ $75.00.00/ea $1,650.00
Vemcle Usage 150 miles $0.35/milo $52.50
Materials and Miscellaneous N/A N/A $150.00
OVA&MRental 2 days @ $75.00/day $150.00
Total Coalsultul Fees SS aT7.50
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Dioxin/Furon soil 15 samples @ $368.00/ea $5,520.00
VOA w/Pestieide(soil) 30 samples @ $147.00/ea 54,410.00
PCBs(soil) 30 samples C3a $157.50/ca $4,725.00
PNAs(soil) 30 samples $120.75/ea $3,622.50
c Lead(soil and filtered water) 45 samplca @ $22.00/ea $ 0.00
VOA w/Pesticide(water) 15 samples(a) $147.00/ea $2,205.00
FT�qlul(vm�) 15 samples® S 157.50/ce $2,362.50
(water) 15 wmplcs Q $120.75/ea $1,811.25
Ra Ical Fees 525,6I6e.2S
NMd.n,..i�.t .t .II3JAV.t41zation/demobilization,drums,materials/supplies,public 1 Qa lump sum $3,200.00
cloamnee,drilling,and well development
ri ' Fees $3,200.00
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• MAR-07-96 THU 17:42 ATEC ASSOCIATES CHICAGO FAX N0, 708 916 7013 P. 08
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ATEC ASSOCIATES,INC.
PROPOSAL ACCEPTANCE AGREEMENT
Description of Services_.Limited Phase H Subsurface lg_vestigation
Project Name 502 North Grove Avenue-&520 Mori;Ltreet
Project Location-Elgi.TillnRis
ATEC Proposal# 52-73081 ATEC Project#
APPROVAL&PAYMENT OF CHARGES-Invoices will be charged and mailed to the account of
Firm C' yQf Elgin
Attention Mr. William A_ CoialM Assigtant Co=ratiQll S=nsel
Address 150 Dexter Court
City Elgin State Illinois Zip 60120-5555
Telephone Fax
PROPOSAL ACCEPTED BY: _
TITLE:
DAVE ACCEPTED:
PAYMENT TERMS: Payable in accordance with attached Terms and Conditions. Invoices for
completed work will be issued every month for continuous or extended projects unless otherwise
agreed.
PROPERTY OWNER IDENTIFICATION(If other than above)
Name
Address
City State Zip
Telephone Fax_
SPECIAL PROVISIONS
Plem note that ATEC reserves the right to withhold all reports until such time as we receive a signed
Proposal Acceptance Agreement or other written authorization referencing this AGREEMENT in
its entirety. This ACREEMENT together with ATEC's proposal,Unit Fee Schedule, and following
Terms and Conditions constitute the entire agreement between the client and ATEC and supersedes
all prior written or oral understandings:
• General Terms and Conditions
• Environmental Terms and Conditions
p:W7lproponAT30ilyaLwpd
•
Agenda Item No.
March 22, 1996
TO: Mayor and Members of the City Council
FROM: Richard B. Helwig, City Manager
SUBJECT: Contract with ATEC Associates, Inc. for Environ-
mental Testing of 502 North Grove Avenue and
520 McBride Street (Seigle Property)
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to consider a
contract with ATEC Associates, Inc. for environmental testing
of the property being acquired by the City at 502 North Grove
Avenue and 520 McBride Street.
BACKGROUND
In January of 1996 the City Council approved the contract for
the purchase of 502 North Grove Avenue and 520 McBride
Street. The parcels in question are owned by Helmsley, Inc. ,
which is a corporation owned by Harry Seigle. The properties
are used primarily as a storage facility.
The real estate contract is contingent upon the City complet-
ing environmental investigations and thereafter approving the
condition of the property. Based upon existing data and the
prior use of the property, a Phase II environmental investiga-
tion including soil borings and groundwater analysis is war-
ranted.
Proposals for the additional environmental testing were solic-
ited from three environmental firms: Ries Environmental,
Environmental Science & Engineering and ATEC Associates.
The ATEC proposal provides for 15 soil borings and related
groundwater sampling with a cost not to exceed ;34,073.75.
The cost of the proposals from Ries Environmental and Environ-
mental Science & Engineering is ;36, 169 . 15 and ¢39,900, re-
elk spectively.
Contract with ATEC Associates/520 McBride Street
March 22, 1996
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT
At the time the real estate contraIl was presented to
investi-
gation Council, the cost of the Phase Director of Business Ser-
vices was estimated by the City osin b ATEC
vices to be in the range of $35-40,000 . The prop Y
Associates in the amount s will$34,073.75 is schargede g low instd acf
this range. The contr act cost Funds
to
count number 275-0000 9 Project rom savings.exper enced
cover this expense will be generated
in other projects funded through riverboat proceeds.
LEGAL IMPACT
acquire these parcels is contingent upon the
The contract to
City conducting the proposed environmental investigation.
The City may cancel the contract if, in the City's sole dis-
cretion, the property is not suitable for acquisition based
upon the results of the environmental testing. Additionally,
the Contract would allow the City the opportunity
ate with the seller to require emediation.to In contribute
eve t toward
the
the costs of environmental
parties could not reach agreement clean up,s ttheh City would clikewise
tion toward environmental
be able to cancel the contract.
RECOMMENDATION
Approval of the contract incorporating the ATEC Associates
proposal .
Respectfully submitted,
wwt• Loltievz
W
Erwin W. Jentsch
Corporation Counsel
Raymond H. Moller
Director of Business
Services
R chard .B Helwi
City Manager
WAC/mg