97-167 Resolution No. 97-167
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT
WITH QST ENVIRONMENTAL, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 020B( 6) the City Council hereby finds that an exception to
the requirements of the procurement ordinance is necessary and
in the best interest of the city; and
BE IT FURTHER RESOLVED that Robert O. Malm, Interim 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 QST
Environmental, Inc . for environmental remediation services at
Fox Bluff Corporate Center Lot 43, a copy of which is attached
hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: June 25, 1997
Adopted: June 25, 1997
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
JlN-11-97 WED 16:26 CITY OF ELGIN/CITY MGR. FAX N0, 18479315610 P. 02
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this vLzAday of
June, 1997 , by and between the City of Elgin, Illinois, a
municipal corporation (hereinafter referred to as "City") , and
QST Environmental , Inc. , a Delaware corporation (hereinafter
referred to as "Consultant" ) .
Whereas, the City has determined it to be in its best
interests to obtain the assistance of an expert environmental
consultant concerning the environmental conditions located at
Lot 43 in Fox Bluff Corporate Center, Kane County, Illinois.
Whereas , Consultant is an expert in the relevant environ-
mental sciences , and desires to render Consultant services to
the City.
NOW, THEREFORE, in consideration of the mutual promises
and covenants contained herein, the receipt and sufficiency of
which is hereby acknowledged, the parties hereto hereby agree
as follows:
1 . Scope of Work
Consultant shall perform and direct the necessary quali-
fied personnel to perform the services set forth under
the QST Environmental, Inc. proposal dated June 4, 1997 ,
a copy of which is 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 City, Consul-
tant shall be paid a fee for such services at the rate
set forth ire Exhibit A wh'_ch is attached hereto and
incorporated by reference herein. Said fee shall not
exceed $35,025 . 00 in total for all tasks combined. Said
fee shall be payable within 50 days of receipt by City of
an itemized invoice for services rendered by Consultant.
3 . Rights in Results of Services
The results of Consultant' s services under this agreement
shall be the exclusive property of City, and all docu-
ments (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 per-
formed 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
t JON-11-97 WED 16:26 CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 03
the exclusive property of City and shall be delivered to
City 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.
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
services under this agreement. During the terry, of this
agreement, Consultant shall not, without the prior
written consent of City, perform services for any per-
sons, firm or corporation other than City if such servic-
es could foreseeably lead to a conflict with Consultant ' s
obligations under this agreement.
5 . Subcontractina
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, nor assume or create an commitment or
obligation on behalf of nor bind City in any respect
whatsoever. Consultant shall provide City with a copy of
each such written agreement.
6 . Assignment
Neither this agreement nor any of the rights or obliga-
tions 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, except as may be
.required by law, whether by operation of law or other-
wise, without the prior written consent of City. 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
JINN-11-97 WED 16:27 CITY OF ELGIN/CITY MGR, FAX NC, 18479315610 P. 04
City. Consultant has no authority to assume or create
any commitment or obligation on behalf of or to bind City
in any respect whatsoever.
8 . Licenses and Permits
Consultant shall obtain any and all licenses and permits
required by federal , state, or local statutes , regula-
tions or ordinances necessary for the performance of its
services pursuant to this agreement.
9 . Compliance with Laws
Consultant shall at all times impose work 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, but not limited
to, occupational safety and environmental protection
statutes and regulations) in performing services hereun-
der, and shall comply with any directions of governmental
agencies and City relating to site safety, security,
traffic or other matters.
10 . Indemnification. of Client
Consultant shall defend and indemnify City from and
against any and all claims for damages, causes of action,
suits or other liability arising out of the performance
of this agreement for City where such liability is caused
by the negligent act, error or omissions of consultant,
its agents, employees or assigns, or any person or
organization for whom Consultant is legally liable.
11 . 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 as additional insureds .
Consultant shall furnish to City of Elgin certified
copy of such policies on or before June 12, 1997.
( 3) Professional liability insurance for errors and
omissions in the minimum amount of $1 million per
occurrence. Consultant shall furnish to the City a
JYN-11-97 WED 16:28 CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 05
Certificate of Insurance as evidence of such policy
on or before June 12, 1997.
12 . Right of Entry
City shall provide for Consultant's right to enter from
time to time property owned by City or other(s) in order
for Consultant to fulfill the scope of services, pursuant
to the attached authorization form.
13. Severabi l i ty
If any portion of this agreement, or application thereof
to any person or circumstance, shall to any extent be
deemed to be invalid, void, or otherwise unenforceable
for any reason, 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 shall remain in full force
and effect.
14 . Governing Law
This agreement shall be subject to and governed by the
laws of the State of Illinois.
15. Additional Provisions
This agreement includes those additional provisions
contained in Attachments I, II , III and IV.
16, 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 commu-
nications, negotiations and agreements, whether oral or
written, between the parties hereto with respect to such
subject matter, and no additions 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.
The terms and conditions set forth herein are accepted as of
this a� _ day of June, 1997 .
CITY OF LGIN QS'' ENVIRONMENTAL, INC.
BY'- f - - — By
R - ---
o t Ma.lm
Int rim City Manager Title ✓ .
JUN-11-97 WED 16:28 CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 06
Attest:
Do onna Mecum, C ty Clerk-
JIM-11-97 WED 16:29 CITY OF ELGIN/CITY MGR. FAX N0. 18479315610 P. 07
ATTACHMENT I
Consultant Certified that:
1 . The undersigned firm certifies that it is not delinquent
in the payment of any tax administered by the Department
of Revenue except for tax it is contesting in accordance
with the procedures established by the appropriate
revenue act.
2 . The undersigned firm certifies that the firm is not
barred from making an offer to contract as a result of a
violation of 720 ILCS 5/33E-3 or E-4 .
3 . The undersigned firm certifies that the firm shall
comply, where applicable, with the Prevailing Wage Act
( 820 ILCS 130/0.01 , et seq. )
4 . The undersigned firm certifies that the firm shall comply
with the City's contract compliance ordinance relating to
Affirmative Action.
Date:—
jUNI -11-97 WED 16:29 CITY OF ELGIN/CITY MGR. FAX N0, 18479315610 P. 08
ATTACHMENT II
City of Elgin
CONTRACT COMPLIANCE
AFFIRMATIVE ACTION INFORMATION
To assure compliance with the City of Elgin' s contract compli-
ance ordinance, all contractors and vendors, herein referred
to as "bidders", are requested to submit the following Affir-
mative Action information:
1 . Work Force Analysis using the enclosed bidder's employee
utilization form.
2 . Provide the inf,ornation required by item #3 on the
employee utilization form if the answer to question 2 on
-he form is "yes" .
3 . Provide a written commitment outlining the steps that the
bidder plans to take in the area of recruitment and
promotion of minorities and female to assure equal
employment opportunity. (A copy of the bidder's affirma-
tive action plan may be submitted in lieu of this re-
quirement. )
JON-11-97 WED 16:30 CITY OF ELGI.N/CITY MR. FAX N0, 18479315610 P. 09
CITY OF ELGIN
EQUAL EMPLOYMENT
WRITTTrN COMMITMENT GUIDELINE
The written commitment required in itein #4 of the "Bidder's
Employee Utilization Form" shall :
1. Set out the name and phone number of the bidder' s Affir-
mative Action officer.
2 . Clearly identify the bidder's recruitment area and the
percentage of minority and female in the area 's popula-
tion and labor ,force.
3. Set out what the bidder has done and has set as goal to
be done to recruit minority and female employees .
4 . Set out the bidder' s specific goals to recruit minority
and female for training programs or other similar oppor-
tunities available through the bidder' s organization.
5. indicate bidder's consent to submit to the City of Elgin
upon request, statistical data concerning its employee
composition and recruitment efforts anytime during the
term of the contract.
6. Show bidder's consent to distribute copies of the written
commitment to all persons who participate in recruitment,
screening, referral , selection and hiring of job appli-
cants for the bidder.
7 . Clearly shoe, that the bidder shall require all subcon-
tractors, if any, to submit. a written commitment meeting
the above requirements or their affirmative action plan
to the City of Elgin.
8. Clearly state that the bidder_ agrees that:
QST Ghvirovnn+evt44
"Bidder (-Am-Ee Asseeiabes, Inc. ) shall not discriminate
against any employee, or applicant for employment because
of race, color, religion, sex, ancestry, national origin,
place of birth, age or physical handicap which will not
interfere with the performance of the job in question. "
JUN-11-97 WED 16:30 CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 10
ATTACHMENT III
CITY OF ELGIN
SEXUAL HARASSMENT POLICY
The Consultant certifies that it has in writing sexual harass-
ment policies that include, at a minimum, the following
information:
( i) the illegality of sexual harassment;
(ii) the definition of sexual harassment under state law;
(iii) a description of sexual harassment, utilizing
examples;
(iv) the vendor's internal complaint process including
penalties;
(v) the legal recourse, investigative and complaint
process available through the Illinois Department of
Human Rights, and the Illinois Human Rights Commis-
sion;
(vi) directions on how to contact the department and
commission;
(vii) protection against retaliation as provided by
Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided to the Department of
Human Rights upon request. P.A. 87-1.257 .
Sexual harassment is defined as follows:
"Sexual harassment" means any unwelcome sexual advances
or requests for sexual favors or any conduct of a sexual
nature when ( 1) submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual 's employment, and (2 ) submission to or rejec-
tion of such conduct by an individual is used as the
basis for employment decisions affecting such individual,
or (3) such conduct has the purpose or effect of substan-
tially interfering with an individual's work performance
or creating an intimidating, hostile or offensive working
environment.
Date:
Ti7:7'36y-�,6a3g 'aE:'a-7
BIDDER'S EMPLOYEE UTILIZATION FORM
This report is required by the City of Elgin and shall be
submitted before the contract can be awarded.
Chapter 3.12.1400 Affirmative Action — City Contracts
1. Name and Address of Bidder Description of Project
OS EHV%lroow-* 4v-( 4.LeO.AA -IVd So# 1
19-C(AMIOe ♦e 2►Meal i a i
.OLal ADericaz
�4B CATEGORIES Employees Blacks dispan:es Asians Indian Other Minority Female
F IS 1 Y t V Y f Y 1 t x
iu S g I O 0 O
Br-
c e 8 Geri c p�
-QpmaR oss
TOTALS )q 35
39U al compul ONW ad Wk TeiOM IND. Ode mped lF CL
773 03 6o�
It. Have rota ever boon awarded a bid by the City of Elgin?
M) YES = NO
a. tf the answer to NE is yea, please submit a. copy of the
NV10700 VtllizatiozY Form that was submitted with your
ouooesorw bid along with & 1%�21y completed copy of
this lorzn.
4. tf the statistical data provided above shove under-
ut111zat10n Of rr"norityy and/or female. F3ease subsait.
a000rdinits to the guideline previded la A attached
document, a written aomrnItment to provide equal
employment opportraaity.
NOTii;s to the event that e• contractor or vondor. *to. fails to
o0rng17 with the fair employment and afrirrzsative
action provielono of the City of Zloin. the City
amongst, other actioras may VAnoel. terminate or
suspend the contract in wmole or in part.
Uv. 6115/'92
ENVIRONMENTAL
June 4, 1997
Mr. Raymond H. Moller
Director of City Properties and Services
City of Elgin
150 Dexter Court
Elgin, IL 60120
Subject: Soil Remediation
McLean Boulevard - Lot 43
Dear Ray:
In response to your request for an updated proposal regarding the soil remediation of Site 43 at
McLean Boulevard, QST Environmental (QST) is submitting this proposal to perform the soil
remediation work. The recommended remediation work is based on a site investigation
identifying an area of the site adjacent to the former water tower where soils have been impacted
by petroleum hydrocarbons. The volume of impacted soil is estimated to be within the range of
550 to 700 cubic yards.
QST recommends that the soil be excavated and disposed of off-site at an approved landfill.
This remediation technique appears to be the quickest method to clean up the site and allow the
developer to continue planned site improvements.
The following presents QST's proposed scope of work to implement the soil remediation
program.
SCOPE OF WORK
Task 1 - Soil Removal Specification and Bidding Services
QST has prepared a specification for the excavation, transportation and disposal of the impacted
soils. Four competitive bids have been received from qualified subcontractors. See attached list
of bids received for comparison of costs. The previous low bid contractor was Environmental
Protection Industries, but their original bid quote has expired and has been revised. As such, the
current low bid contractor is Metro Environmental Contractors, Inc. QST proposes to use Metro
as a subcontractor to perform the work at this time. The revised subcontractor costs are valid
until July 2, 1997.
97030409.PRO
5440 N.Cumberland Ave.,Ste. 111.Chicago,11-60656,Phone 773.693.6030,FAX 773.693.6039
A CILCORP COMPANY
Mr. Ray Moller
City of Elgin
June 4, 1997
Page 2
Task 2 - Soil Removal Oversight
QST will perform field oversight activities to include the following:
• Prepare a site specific health and safety plan for QST personnel involved in the soil
remediation work. The field activities will be conducted in a Level D program. QST
will also verify that the selected subcontractor has a Health and Safety Plan in place as
required before the start of work. QST does not assume the responsibility for the
subcontractor's health and safety program.
• QST will provide technical oversight during the performance of the soil excavation.
Technical oversight will consist of field screening the soils and directing the
subcontractor to remove impacted soils. A photoionization detector (PID) meter will be
used to provide on-site field screening for organic vapors. The field effort is anticipated
to take four(4) days.
• QST will monitor the subcontractor's removal of contaminated soils from the site to
verify quantities. This will be accomplished by checking load counts and obtaining
manifests for soil removed from the site and disposed of at the landfill.
• At the conclusion of the soil removal, QST will collect and analyze six soil samples to
confirm removal of impacted materials. Samples will be analyzed for benzene,
ethylbenzene, toluene and xylene(BTEX)in accordance with EPA Method 8020.
Laboratory analysis will be performed in accordance with the methods contained in U.S.
EPA's Test Methods for Evaluating Solid Wastes, 3rd Edition (SW-846). Upon
collection, each soil sample jar will be labeled with the site name, sample location, date,
and time and placed in an iced cooler. The sample cooler will then be sent via overnight
courier to the analytical laboratory. Sample preservation and chain-of-custody protocol
will be maintained.
Task 3 - Soil Remediation Work(Subcontracted)
The soil remediation subcontractor, Metro, will provide excavation, transportation and disposal
of 700 cubic yards of hydrocarbon-impacted soil. Non-contaminated soil will be left on site.
Subcontractor will remove the concrete pad near the base of the former water tower if necessary
to access contaminated soil. Concrete will be left on site for disposal as construction debris by
others. Contractor will control excavation water as necessary to continue excavation. However,
transportation and disposal of contaminated water is not included in the base scope of work. No
backfill of final site grading will be performed.
97030409.PRO
Mr. Ray Moller
City of Elgin
June 4, 1997
Page 3
Task 4 - Report
QST will prepare a letter report to document the results of the soil remediation work. The report
will combine the findings of the Environmental Site Investigation previously performed and
documentation of the soil removal activities. The report will contain a discussion of field
observations and results, soil boring logs, and analytical data and waste manifests.
One copy of the draft report and five copies of the final report will be furnished.
PROJECT SCHEDULE
The proposed tasks will be initiated within three days of notification to proceed. It is anticipated
that the soil excavation work will take no more than five working days. QST will attempt to
schedule the work as quickly as possible but to avoid precipitation that may cause the
excavations to collect water. A draft report will be delivered within one week of completion of
final laboratory analyses.
COST ESTIlAATE
QST proposes to perform the work described herein on a time and expense basis with an
estimated fee of$35,025.00. A breakdown of the estimated cost is as follows:
Task 1 - Soil removal specifications, bidding, subcontractor selection
and coordination. $850.00
Task 2 - QST Field Oversight Services $4,525.00
Field Labor
(assumes 4 days @ $806.25/day) $3,225.00
Laboratory Seances $ 750.00
Field Equipment and Other Direct Costs $ 550.00
Task 3 - Subcontractor Services $27,500.00
Soil excavation,transportation and disposal of petroleum contaminated soils. Maximum soil quantity
700 cubic yards.
Task 4 - Report $ 2,150.00
The final report will incorporate a written report for the investigation work previously performed and
the closure documentation associated with the soil removal work.
TOTAL ESTEWATED COST $35,025.00
9703OQ9.PRO
G
Mr. Ray Moller
City of Elgin
June 4, 1997
Page 4
UNIT COSTS
If additional soil needs to be removed above the estimated base quantity (700 CY), or if
groundwater is encountered that must be disposed of, the following unit costs shall apply:
1. Disposal of petroleum contaminated water from excavation dewatering
(If necessary) 50.56/gal.
2. Additional cost for excavation, hauling and disposal of contaminated soil
in excess of 700 cubic yards $40.70/CY
3. Deduct price for excavation, hauling and disposal of contaminated soil
less than 700 cubic yards 531.00/CY
TERMS AND CONDITIONS
Terms and conditions for performance of work is proposed on the basis of the professional
services agreement between the City of Elgin and QST dated June 10, 1993. All subcontracted
items identified herein reflect QST's general and administrative costs (10%) associated with
subcontracted services. QST will commence services immediately upon the receipt of notice to
proceed or purchase order referencing this letter proposal.
QST looks forward to the opportunity to provide the soil remediation services described in this
proposal for the City of Elgin.
Please to not hesitate to call on us if you have any questions or need any additional information.
Sincerely,
QST ENVIRONMENTAL
r�4 74
. Nardozzi, P.E.
Project Manager
JMN/jmn
ESE Proposal No.559-7999999.0047
97030409.PRO
CITY OF ELGIN
SOIL EXCAVATION, HUALING AND DISPOSAL
MCLEAN BOULEVARD/SITE 43
BID ANALYSIS
BIDDER. BASE,BID RANK UNIT RATES LANDFILL EXCEPTIONS
A .. . B'
CY CY
1. Metro Environmental $27,500 1 $40.70 $31.00 BFI-Mallard Lake or
Wheeling, IL Countryside-Grayslake
2. Vergan Environmental, Inc. $33,000 2 $42.90 $44.00 Community Landfill-Morris
Lemont, IL
3. Fidelity Environmental $34,150 3 $45.80 $45.57 Community Landfill-Morris Concrete demo Q W7.501day
Crestwood, IL
4. Environmental Protection Industries $25,000 $37.00 $33.00 BFI-Mallard Lake Previous Bid-Not Valid
South Holland, IL $34,650 4 $49.50 $42.50 BFI-Mallard Lake Current Valid Bid
Unit Price A=Excavation, hauling&disposal>700 cubic yards-Add Price
Unit Price B=Excavation, hauling&disposal<700 cubic yards-Deduct Price
CY=Cubic Yards
QST Environmental,Inc.
ELG-MCL.WK3