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01-187 Resolution No. 01-187 RESOLUTION AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH ENSR CORPORATION FOR ENVIRONMENTAL CONSULTING SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 ENSR Corporation for environmental consulting services for properties commonly known as the Elgin Public Works Yard at 35 Ann Street, Elgin Lumber Yard at 520 McBride and the former lumber yard 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: July 11, 2001 Adopted: July 11, 2001 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk JUN-13-01 WED 07; 12 PM CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 02 PROFESSIONAL SERVICES AGREEMENT � THIS AGREEMENT is made and entered into this '10-r# day of Illinois, a �j UL�! , 2001 by and between the City of Elgin, municipal corporation (hereinafter referred to as "City" ) , and ENSR Corporation, a Delaware Corporation (hereinafter referred to as "Consultant") . WHEREAS, the City has determined it to be in its best interest to obtain the assistance of an expert consultant concerning the submittal of materials to the Illinois Environmental Protection Agency relating to the submittal of an application for funding from the Illinois Environmental Protection agency for the Illinois EPA Brownfield' s Redevelopment Grant Program. WHEREAS, Consultant is an expert in the relevant environmental 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 qualified personnel to perform the following services for the properties commonly known as the Elgin Public Works Yard at 35 Ann Street, Elgin Lumber Yard at 520 McBride and the former lumber yard at 502 North Grove Avenue (hereafter referred to as the "Subject Properties" ) - A. CONSULTANT agrees to provide the following Services for the purpose of completing and submitting a grant application for Illinois EPA Brownfields Redevelopment Grant (SRG) funding. 1. Attend one work session with the City and its planning consultant, VANDEWALLE & 1SSOCIATES, to develop the scope of work for the grant . 2 . Participate in one follow-up teleconference work session with VANDEWALLE & ASSOCIATES to refine the scope of work, which will be articulated in the grant application. 3 . Assist VANDEWALLE & ASSOCIATES with preparation of a draft of the grant application including a draft budget and a draft Project: Plan to describe the planned environmental investigation tasks for the subject Properties . h . Review draft application and participate in one teleconference review session of the draft application with the City and VANDEWALLE & ASSOCIATES . JUN-13-01 WED 07: 13 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 03 5 . Provide VANDEWALLE & ASSOCIATES �i g aria o her trio ache technical assistance in prep a final grant application. B. CONSULTANT will be responsible for providing the following items for the IEPA BRG application. I . Detailed description of the proposed project plan and budget for environmental assessment work to progress toward a No Further Remediation letter from the IEPA which provides for a residential classification of the subject properties . 2 . A letter of agreement stating that the CONSULTANT is committed to the project. 3 . Contact list showing the names, titles, billing rates, email addresses, and phone and fax numbers of all staff on the project, including clerical and administrative staff. 4 . Provide the following information for the project Organization and Management Plan. • A description of previous, similar projects with which CONSULTANT has been involved. A description of CONSULTANT' S firm and relevant experience of key personnel . • A description of organizational approach to the project including work assignments, a designated primary contact person, and strategies for success. • A budget for proposed environmental assessment work tasks, including separate budgets for all subcontractors. 5 . Information regarding subcontractors on the project, including a firm description and billing rates for project services . 2 JUN-13-01 WED 07: 13 PM CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 04 Estimated Schedule services in the agreement shall commence from date of execution, and be in effect a maximum of six weeks . 2 . Fee CONSULTANT shall complete the technical services associates with preparation of the grant application as described in section 1 of this Agreement without compensation by the City with the understanding that the City will hire CONSULTANT to conduct environmental assessment services for the Subject Properties upon approval of the grant application by the Illinois EPA Brownfields Redevelopment Program. Upon approval of the Brownfields Grant, the CONSULTANT will be authorized by Change Order to this Agreement to perform such environmental services as described in CONSULTANT' s proposal dated April 10, 2001, as amended by Amendment 1 dated April 18 , 2001 . Compensation for the environmental assessment services will be on a time and materials basis in accordance with the Billing Rates and fees stated in CONSULTANT's proposal and amendment thereto. The maximum not-to-exceed compensation established for the - services proposed by CONSULTANT is $98, 462. Under the Illinois Brownfields Redevelopment Grant Program, the City's matching share will be $29, 539 (30%) and the State grant amount will be $68, 924 (70%) . CONSULTANT will perform all environmental assessment services in accordance with the accepted practices and protocols of the Illinois EPA Brownfields Redevelopment Program to reasonably ensure the City' s eligibility for reimbursement under the Brownfields Redevelopment Grant Program. CONSULTANT does not represent that all such costs will be approved for payment by the Illinois EPA or guarantee timely reimbursement of such costs to the City by the Illinois EPA Brownfields Redevelopment Program. Invoices will be issued to the City monthly itemizing the staff categories, hours worked, rates and Other Direct Costs associated with the work. 3 JUN-13-01 WED 07; 14 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 05 3 . Rights in Results of Services The results of Consultant' s services under this agreement shall be the exclusive property of City, and all documents (including without limitation, all writings, drawings, blueprints, pictures, recordings, computer or machine readable data, and all copies or reproductions thereof) (the Work Product) 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 and shall be delivered to City upon request (except for one copy, which may be retained by consultant for its confidential files) . Such Work Products are not intended or represented to be suitable for reuse by the City on any extension to the project or on any other project, and such reuse shall be at the sol�;risk of the City without liability or legal exposure to the CONSULTANT. 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 term of this agreement, Consultant shall not, without the prior written consent of City, perform services for any persons, firm or corporation other than City if such services could foreseeably 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, 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 . 4 JUN-13-01 WED 07: 15 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 06 Prior to subcontracting, Contractor shall obtain prior written approval of the City for each individual subcontractor. City shall have the right to refuse approval of any subcontractor, such approval of subcontractors by the City is not to be unreasonably withheld. 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, except as may be required by law, whether by operation of law or otherwise, 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 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, regulations 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 hereunder, and shall comply with any directions of governmental agencies and City relating to site safety, security, traffic or other matters Failure to comply with this Section shall constitute a material breach of this agreement, and shall entitle City to terminate this agreement upon ten (10) days written notice without penalty to City. 5 JUN-13-01 WED 07: 15 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 07 1o . Indemnification of Client Consultant shall hold harmless and indemnify City from and against claims, demands and causes of action of third parties (including attorneys' fees and costs of defense) for personal injury, disease or death and damage of property arising during the performance of Services to the extent caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT' s liability under the above indemnity shall be limited to the greater of the amount of compensation under this contract or $100, 000 . 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; 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 a Certificate of Insurance as evidence of such policy within ten (10) days of execution of this Agreement . (2) Professional liability insurance for errors and omissions in the minimum amount of $1 million per occurrence. Consultant shall furnish to the City a Certificate of Insurance as evidence of such policy within ten (10) days of execution of this Agreement . 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 . Severability 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. 6 JiJN-13-01 WED 07: 16 PM CITY OF ELGIN/CITY MGR. FAX N0. 18479315610 P. 08 14 . Governing Law This agreement shall be subject to and governed by 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. 15 . Additional Provisions This agreement includes those additional provisions contained in Attachments I, II, III, and IV. 16 . Termination of Agreement Notwithstanding any other provisions hereof , the City may terminate this agreement at any time upon fifteen (15) days written notice to the Consultant.. 17 . 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 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. 18 . Environmental Conditions The City shall provide (or cause the Site owner to provide) the CONSULTANT with the identity and location of all subsurface facilities and obstructions on the Site. The City agrees to waive any claims against the CONSULTANT and to indemnify, defend and hold the CONSULTANT harmless from any, claims, demands or causes of action for damages to subsurfac/�. facilities or obstructions that are not accurately identified or located by the City or others . 19. Force Majeure The CONSULTANT shall have no liability for any failure to perform or delay in performance of the Services caused by circumstances beyond its reasonable control, including, but not limited to, strikes, riots, wars, floods, fires, explosion, acts of nature, acts of government, labor disturbances, delays in transportation or inability to obtain material or equipment, 7 VUN-13-01 WED 07: 16 PM CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 09 20 . Ownership of waste -pre-Existing Waste" is any hazardous or non-hazardous wastes,to the date substances or materials existing on the Site prior e CONSULTANT that the Services are initiated. Upon request, shall assist the City in the proper handling, storage, transportation and/or disposal of the Pre-Existing Waste in accordance with all applicable federal, state and local laws and regulations. The City shall provide appropriate disposal identification numbers, select: the disposal site (s) and sign all required manifests, disposal contracts and other documentation necessary to allow the CONSULTANT to complete the Services in a timely manner. The City agrees to look solely to the disposal facility and/or transportation concern for any damages arising from improper transportation or disposal of the Pre-Existing Waste , in no event shall the CONSULTANT take title to or be liable for disposal or remediation costs associates with Pre-Existing Wastes . The terms and conditions set forth herein are accepted as of this /T/+ day of 2001 . U�y CITY OF ELGIN ENSR CORPORATION By: 4yyc_ net d` BY Parker Title: VICE City Manager �¢�iO� yM � Attests Dolonna Mecum, City Clerk 8 MAY-23-01 WED 03:37 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 09 City Of Elgin _ _ Agenda Item No. r May 4, 2001 TO: Mayor and Members of the City Council QUALITY 14OUSING FROM: Joyce A. Parker, City Manager SUBJECT : Professional Services Agreement with ENSR International for a North Kimball Residential Land Use PURPOSE The purpose of this memorandum is to present the Mayor and City Council members with information to consider a Professional Service Agreement with ENSR International for environmental consulting services related to City-owned properties at 35 Ann Street, 520 McBride Street and 500 North Grove Avenue. BACKGROUND The Riverfront Center City Master Plan, adopted May 24, 2000, recommends that the area adjacent to the Fox River, north of Kimball Street and west of Brook Street, be developed ae an upscale residential land use . Presently, the City of Elgin owns three major parcels of land within this area: 35 Ann Street - Public Works Facility; 520 McBride Street - Seigle' s Lumber Yard and 502 North Grove Avenue - Seigle' s Lumber Yard. With the construction of the new public library at the W.R. Meadows site and the vacation of the Ann Street Public Works site in 2003 , consideration should be given to begin the environmental assessment of the properties within the redevelopment area that the City owns and has access to. Due to the previous and current uses at the sites in question, they can be characterized as Brownfield Redevelopment sites . The State of Illinois Environmental Protection Agency sponsors a grant program for the purpose of evaluating the potential contaminates at Brownfield sites and suggesting potential remediation measures to allow for the remediation of the sites. The Illinois EPA defines brownfields as a site, or portion thereof, that has actual or perceived contamination and an active potential for redevelopment . MAY-23-01 WED 03:38 PM CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 10 PSA With ENSR International May 4 , 2001 Page 2 Brownfields sites vary in size, location, age, and past use. These properties can range from a closed gas station to a former multi- acre manufacturing facility. The Brownfields Redevelopment Grant Program (BRGP) funds projects contaminated (or suspected of being contaminated) by either petroleum, hazardous waste, or both. Grants are issued to municipalities to identify, evaluate, and prioritize former industrial and commercial property for cleanup. Grants are awarded for: • Extensive site assessments, • Preparation of cleanup plans, and • Development of cleanup objectives. BRGP funds cannot be used for actual cleanup activities . The BRGP is a reimbursement program. If awarded a BRGP grant, a municipality will be reimbursed for eligible and approved costs up to the specified grant amount. Municipalities that request funds under the BRGP for a specific site must enroll the site in the Illinois EPA' s Site Remediation Program (SRP) and proceed in accordance with the applicable regulations for that voluntary cleanup program - unless the site is regulated under the Leaking Underground Storage Tank (LUST) Program. In that case, the LUST program will provide technical oversight of project activities. A municipality may also engage outside professionals to prepare the grant application; however, project statements and applications must be signed by a duly authorized municipal official. Grants shall be limited to a maximum of $120, 000 . A municipality may request an initial grant amount of less than $120, 000 and later amend the grant upwards to the maximum amount. Grant awards are distributed as reimbursement of costs incurred by the municipality. Grant amounts shall not exceed 70%- of the specific project amount , Specific projects may be a single phase of a larger project (i .e. , a Phase II environmental assessment as a prelude to a larger, project) . Municipalities are required to share in any grant award through a 70/30 match (70% grant, 30% match) . see examples below. MAY-23-01 WED 03:39 PM CITY OF ELGIN/CITY MGR. FAX NO, 18479315610 P. 11 PSA With ENSR International May 4, 2001 Page 3 BRGP Project Maximum Grant Costs Award $50, 000 $35, 000 $100, 000 $70 , 000 $171,400 $120, 000 The 30 percent match may be either a monetary match or in-kind. In-kind means that a municipality may count City personnel and equipment costs used for grant-eligible activities towards the match. A municipality has a maximum of three years to meet and report its match, however, match-eligible activities must correspond to the project schedule in the grant application approved by the Illinois EPA. Eligible Expenses Costs eligible for payment from the BRGP include those for brownfields site identification, investigation, characterization, inventory, development of remediation objectives and development of remedial action plans, and for materials or services provided or performed in conjunction with these activities. Such activities and services may include, but are not limited to: 1. Agency oversight costs of participating in the SRP, 2 . Reasonable environmental consultant oversight services, 3 . Remedial investigation and design, 4. Development and implementation of activities necessary to establish remediation objectives, 5. Laboratory services necessary to characterize the site and establish cleanup objectives, 6 . Installation and operation of groundwater investigation and monitoring wells, 7 . Development and implementation of a Boil sampling plan, S. Development of a groundwater corrective action system, 9. Development of a soil corrective action plan, 10 . Costs associated with seeking reimbursement from the BRGP including, but not limited to, completion of documentation for partial or final payment, and 11. Purchase costs for non-expendable materials, supplies, equipment or tools purchased and used for the BRGP project. In preparation for submitting an application for the IEPA Brownfield Redevelopment Grant Program, the City sought proposals from six qualified professional, consultants to prepare the grant application and conduct the approved environmental assessment. MAY-23-01 WED 03:39 PM CITY OF ELGIN/CITY MGR. FAX N0, 18479315610 P. 12 April 18, 2001 ENSR Proposal No. 9407-S33-Amendment No. 1 Mr. Ray Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, IL 60120 RE IEPA Brownfields Redevelopment Grant Program and Environmental Assessment Work—Proposal Amendment No, 1 Dear Mr. Moller: Thank you for the opportunity to discuss the City's Brownfields Redevelopment Grant Program with ENSR on April 17, 2001. We appreciate your consideration of ENSR for this important project. In response to your request, ENSR has developed an estimated project budget for all of the Work Tasks identified in our April 10, 2001 proposal. The budget encompasses all of the environmental investigation work that can be anticipated based on the available information. We have included costs for two phases of site investigation: soil sampling and groundwater assessment. All three parcels are included. As we discussed, the available documented environmental information concerning the three parcels is limited at this time. Therefore, the costs presented are based on assumptions of the nature and extent of contamination that may be present and the general progression of the project through the Illinois EPA. These assumptions are stated on the attached cost estimate. Accordingly, ENSR is presenting these costs as budgetary estimates and recommends that the City consider a reasonable contingency amount in its planning for this project. ENSR believes that the execution of this type of investigative work needs to be performed in a step-wise fashion where each step builds upon the information learned during the preceding steps. This approach keeps the investigation focused on the critical issues that are discovered and, in the long run, provides the basis for a sound and comprehensive site investigation. All of the Illinois EPA programs, including the Brownfields Redevelopment Grant Program (BRGP), Site Remediation Program (SRP), and Leaking Underground Storage Tank Program (LUST), utilize and promote such a step-wise investigation methodology. If the scope of the investigation needs to expand based on the environmental conditions discovered, the BRGP allows for the submission of amended budget plans to seek grant funding up to the grant limit. ENSR Corporation is committed to providing the City of Elgin the best professional value for the effort invested in the program, without regard to whether the funds are derived from the City's own sources or from state funded grant dollars. We will provide quality and professional services throughout the project. C1 Over 30 Years.of Excolicnco in Environmental Services MAY-23-01 WED 03:40 PM CITY OF ELGIN/CITY MGR, FAX NO. 18479315610 P. 13 E�° Mr. Ray Moller City of Elgin April 18,2001 Page 2 We look forward to working with you, Mr. Steve Bone, and Ms. Rebecca Cors of Vandewalle & Associates to achieve the Citys goals for redevelopment of the project area. Please feel free to contact us with any questions you may have at(630) 836-1700. Sincerely, ENSR Corporation rcif u cG� D vim, John M. Nar dozzi, P.E. Josep Campisi gional Program Manager Department 4Ma�nager Encl. cc: Rebecca Cors,Vandewalle &Associates,Madison,WI,w/encl. M Over 30 Yoars of Excoilence in Envirommantal Services City of Elgin Brownfields Redevelopment Grant Program Budgetary Cost Summary 6/15/2001 Applicant: City of Elgin I. Environmental Consulting Services Match Amt. Grant Amount Total Budget ENSR Corporation-Warrenville, IL 30% 70% See Attachment A-Budgetary Cost Estimate 100 Phase I Environmental Site Assessment $600 $1,400 $2,000 200 File Review-Existing Reports and Data $932 $2,174 $3,106 300 Phase II Site Investigation-Soil Assessment $8,817 $20,573 $29,390 400 Groundwater Assessment $7,372 $17,201 $24,573 500 Site Investigation Report $4,038 $9,421 $13,459 600 Remedial Objectives and Remedial Action Plan $5,003 $11,674 $16,677 700 Coordination and Meetings with IEPA $2,777 $6,480 $9,257 Subtotal-Environmental Consultant $29,539 $68,924 $98,462 II. Planning Consultant Vandewalle&Associates-Madison WI Costs Estimated at 25%of Grant Amount per R. Cors $9,000 $21,000 $30,000 Grant Progress Reports(Quarterly) Preparation of Grant Reimbursement Applications Mgmt. and Progress Reports to City Council, Plan Commission,City Committees. Meetings Redevelopment planning consulting services Subtotal-Planning Consultant $9,000 $21,000 $30,000 Ill. Illinois EPA Site Remediation Program Enrollment Fee $450 $1,050 $1,500 Agency Oversight and Review $1,500 $3,500 $5,000 Subtotal-IEPA SRP $1,950 $4,550 $6,500 Totals $40,489 $94,474 $134,962 Maximum Amounts under Illinois BRGP $51,429 $120,000 $171,429 ENSR Corporation Cost Tables 1 Attachment A Budgetary Cost Estimate Environmental Consulting Services - Brownfields Redevelopment Program City of Elgin Elgin, Illinois 6/15/2001 100 Phase I Environmental Site Assessment Assumes Phase I reports currently exist for the Public Works Yard and Elgin Lumber Yard and meet ASTM Standards and can by used for submittal to Illinois EPA SRP Prepare Phase I ESA per ASTM 1597 for Former Elgin Lumber Yard $2,000 Subtotal Task 100(Lump Sum Cost) $2,000 200 File Review-Existing Reports and Data Assumes City to provide copies of relevant reports pertaining to the sites(Phase I ESAs, UST removals,etc.) ENSR Labor Personnel P Category Rate Est.Hrs Program Mgr. J. Nardozzi P15 $135.00 8 $1,080 PM E.Powley P11 $93.00 12 $1,116 CADD Tech N.Trinin P7 $65.00 14 910 Subtotal Task 200 $3,106 300 Phase II Site Investigation-Soil Assessment Public Works Yard 10 Soil Borings Borings drilled to max.depth of 16 ft. Elgin Lumber Yard 18 Two samples collected per boring Former Lumber Yard 10 Analytical for BTEX, PNAs,RCRA Metals(8) Total 38 Total Disposal of soil cuttings excluded. Level D health&safety protocol Scope: Preparation of sampling plan,health and safety plan,three days field investigation effort,analytical services,and data reduction. ENSR Labor Personnel P Category Rate Est. Hrs Program Mgr. J. Nardozzi P15 $135.00 6 $810 QA/QC J. Hyder P13 $120.00 2 $240 PM E. Powley P11 $93.00 12 $1,116 Field Oversight P.Williams P9 $82.00 36 $2,952 Staff Scientist A.Senn P8 $73.00 8 $584 Admin Support Admin P7 $65.00 2 $130 Other Direct Costs Drilling-GeoProbe 3 Days $1,200.00 1.1 $3,960 Analytical 76 Samples $225.00 1.1 $18,810 Field Expendibles 3 Days $125.00 1.0 $375 Vehicles 3 Days $60.00 1.0 $180 In-House ODCs 4.00% Dir.Labor 1.0 233 Subtotal Task 300 $29,390 Cost Tables 1 ENSR Corporation Attachment A Budgetary Cost Estimate Environmental Consulting Services -Brownfields Redevelopment Program City of Elgin Elgin, Illinois 6/15/2001 400 Groundwater Assessment Public Works Yard 6 Monitoring Wells Wells constructed of 2-in dia. PVC materials Elgin Lumber Yard 6 Wells installed at depth of 16 ft. Former Lumber Yard 4 One GW sample collected per well Total 16 Total One soil sample collected per boring Analytical for BTEX, PNAs, RCRA Metals(8) Level D Health&Safety Protocol Scope: Preparation of work plan,health and safety plan,three days field investigation effort,one day well survey and sampling,analytical services,and data reduction. ENSR Labor Personnel P Category Rate Est Hrs. Program Mgr. J. Nardozzi P15 $135.00 6 $810 QA/QC J. Hyder P13 $120.00 2 $240 PM E. Powley P11 $93.00 12 $1,116 Field Oversight P.Williams P9 $82.00 48 $3,936 Staff Scientist A.Senn P8 $73.00 8 $584 Admin Support Admin P7 $65.00 2 $130 Other Direct Costs Drilling-Std.Rig 3 Days $1,100.00 1.1 $3,630 Mon.Well Const 16 Wells $290.00 1.1 $5,104 Analytical(GW) 16 Samples $225.00 1.1 $3,960 Analytical(Soil) 16 Samples $225.00 1.1 $3,960 In-house ODCs 4.00% Dir.Labor 1.0 $273 Vehicles 3 Days $60.00 1.0 $180 Survey Equipment 1 Days $250.00 1.1 $275 Field Supplies 3 Days $125.00 1.0 375 Subtotal Task 400 $24,573 500 Site Investigation Report SIR prepared for submittal to IEPA Site Remediation Program 2 copies of draft report furnished for review 2 Meetings with City 6 copies of final report for submission Assumes single report completed following all investigative work. SRP Enrollment fee and agency costs are not included. ENSR Labor Personnel P Category Rate Est Hrs. Program Mgr. J. Nardozzi P15 $135.00 20 $2,700 QA/QC J. Hyder P13 $120.00 8 $960 PM E. Powley P11 $93.00 20 $1,860 Report Prep. P.Williams P9 $82.00 60 $4,920 Staff Scientist A.Senn P8 $73.00 8 $584 CADD Tech N.Trinin P7 $65.00 12 $780 Admin Support Admin P7 $65.00 12 $780 Other Direct Costs Vehicles 2 Days $60.00 1.0 $120 In-house ODCs 6.00% Dir.Labor 1.0 755 Subtotal Task 500 $13,459 Cost Tables 2 ENSR Corporation Attachment A Budgetary Cost Estimate Environmental Consulting Services -Brownfields Redevelopment Program City of Elgin Elgin, Illinois 6i15/2001 600 Remedial Objectives and Remedial Action Plan Assumes submission of a combined report for all three sites Scope of remediation based on excavation and removal of contaminated soil. Development of remediation objectives based on Tier 1 TACO(residential clean up)with pathway exclusion only. 2 copies of draft report furnished for review 6 copies of final report for submission 1 Meeting with City ENSR Labor Personnel P Category Rate Est.Hrs Program Mgr. J. Nardozzi P15 $135.00 16 $2,160 QA/QC J.Hyder P13 $120.00 8 $960 PM E.Powley P11 $93.00 20 $1,860 Sr.Rem.Engr. D.Sopcich P13 $120.00 24 $2,880 Risk Assess./TACO G.Fergusen P12 $105.00 30 $3,150 Staff Scientist A.Senn P8 $73.00 40 $2,920 CADD Tech N.Trinin P7 $65.00 24 $1,560 Admin Support Admin P7 $65.00 2 $130 Other Direct Costs Vehicles 2 Days $60.00 1.0 $120 In-House ODCs 6.00% Dir.Labor 1.0 937 Subtotal Task 600 $16,677 700 Coordination and Meetings with IEPA Assume 3 meetings with IEPA personnel. Assume one trip to Springfield Quarterly Progress/Status Reports(Qty. =4) ENSR Labor Personnel P Category Rate Est.Hrs Project Mgr. J. Nardozzi P15 $135.00 36 $4,860 PM E.Powley P11 $93.00 36 $3,348 Admin Support J.Allport P7 $65.00 8 $520 Other Direct Costs Vehicles 3 Days $60.00 1.0 $180 In-House ODCs 4.00% Dir Labor 1.0 349 Subtotal Task 800 $9,257 GRAND TOTAL -ENSR Services $98,462 Cost Tables 3 ENSR Corporation 4X4,6,T -1-4 r, City of Elgin, Illinois .� Equal Employment Written Commitment Guideline The written commitment required in Item #4 of the Bidder's Employee Utilization form shall: I. Set out the name and phone number of the bidder's Equal Employment Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the area's population and labor force. 3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and female employees. h. Set out the bidder's specific goals to recruit minorities and females for training programs or other similar opportunities available through the bidder's organization. S. 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, and selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment complying with the above requirements of their affirmative action plan to the City of Elgin. Description of Groups for Classification Purposes White: 211 persons having origins in Europe, North America, or the Middle East Black: all persons having origins in any of the Black radal groups of Africa Hispanic: all persons of Mexican, Puerto Rican, Cuban, Central South American, or other Spanish culture or origin, regardless of race Asian American: all persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands American Indian: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition BIDUEK'J -t N11'LV x-r" 'L l� ' JA"".x This report is reau_rr.j us by the City of Elgin and mr,be submitted before the contract can be awarded. Chapter 3-12.1000 Affirmative Action - City Contracts �. Name and Address of Bidder DesaipLlon of Project EI�iS 604i'e(�s �e.�e,,QlorMC4 P?sgfat% a'7-755' P1614L FgQAO 31-9 JOB CA1T•.GOAIF.S Total Whites Blacks Hispanics Asians or American Minority Female Employees Pacific Indians (M&1) (All Islanders Categories) M / F M / F M / F M / F M / F 96 °� 3 S 3 2 4 l 55.696 44.4% Example:Mac+aC-a's l8 (10118) (8/18) u 007o uu sai n p D o 0 0 o ro ss�o�o is 3 133115 0 0 0 a 3 0 0 3Q�j0 33yo. s O 0 O O 0 0 � �� eLkntcla.r's ©- 5 IAO �� er ica U 7 0 1 0 0-10 0 o D 0 QJ0 �o 0 0'1 i 38`70 35` 0 TOTALS 73 q 5 J.:,A 0 1 O o 3 O 0 a 3 2b 3 gn?eol pan fficial Title Telephone Number Date Signed Page_ or l 2, u ever been awarded a bid by the City of Elgin? Yes _X—No 3.- If the answer to question#2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last success bid along with a fully completed copy of this form. 4. if the statistical data provided above shows under-utilization of minorities and/or females, please submit, according to the guideliute provided in the attached document, a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor, etc., fails to comply with the fair employment and affirmative action provisio&u of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. VA.R. lint-LJ-Ul Nav UJ•44 rll V111 Vr LLVIII/Vll l IIVA. rnA 11V. LU41QJL:MLU f. LU J2Z_ City of Tlgin, Illinois Sexual Harassment ---- Policies and Programs Every patty to any contract with the City of Elgin and every bidder is required to have, and to effectively distribute, written sexual harassment policies that include, at a minimum,the following information: (1) the illegality of sexual harassment (U) tine 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 Dtpartment of Human Rights,and the Illiaois Human Rights Commission (VI) directions on how to contact the departincnt and commission (VII) protection against retaliation as provided by Section 6.101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment Policies which include the required information set forth above, and I hereby agree to furnish the City of Elgin-Humaig ent with a copy of these policies if they so request. Signature/Tit e Company Date o2Ge� Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advance or requests for sexual favors or any conduct of a sexual nature when(1)submission to such conducr is made either explicitly or implicitly a term or coadirion of an individual's employment,(2)submiss 1 or rejection of such conduct by and individual is used as a basis for employment decisions affecting such individual,or(3)such conduct has the purpose or effect of substantially interfering with and individual's work performance or creating an intimidating, hostile,or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin- Human Resources Department at(847) 931-5618. 1 hereby agree fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, cost of Judgement asninst it arising from any sexual har2,ssment corn int resulting from the act of uny member of my organization in t er an e o is c ntract. Signature/Title Company Date ZCi 'MAY-23-01 WED 03:44 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 21 , ,�jr`rrlir? TAX/COLLUSIONIDEBARMENT AFFIDAVIT State of Illinois SS. County of DuPage James Barbato , being first duly sworn,deposes and says: That he is Vice President/General Manager of the firm of the party making the foregoing bid and that the bidder Is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5133E-4,as amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise restrain freedom of competition by agreement has taken place; and, bidder Is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless there is a pending proceeding contesting the tax. Signature of Bidder, If an individual: Signature of Bidder, if a partnership: Subscribed and swom to before me this 1ST day of Mn----- wn June , 2001 OFFICIAL SEAL JUDY ALLPORT NOTARY PWBLIC,STATE OF ILLINOIS Signature of Bidder, if a corporation: My commission expires: MY COMM46SION EXPIRES:02/18/01 ENSR CorporationM Vice.P±esldent Cttesi `J, City of Elgin Agenda Item No. May 4 , 2001 TO: Mayor and Members of the City Council QUALITY HOUSING FROM: Joyce A. Parker, City Manager SUBJECT: Professional Services Agreement with ENSR International for a North Kimball Residential Land Use PURPOSE The purpose of this memorandum is to present the Mayor and City Council members with information to consider a Professional Service Agreement with ENSR International for environmental consulting services related to City-owned properties at 35 Ann Street, . 520 McBride Street and 500 North Grove Avenue. BACKGROUND The Riverfront Center City Master Plan, adopted May 24, 2000, recommends that the area adjacent to the Fox River, north of Kimball Street and west of Brook Street, be developed as an upscale residential land use. Presently, the City of Elgin owns three major parcels of land within this area: 35 Ann Street - Public Works Facility; 520 McBride Street - Seigle' s Lumber Yard and 502 North Grove Avenue - Seigle' s Lumber Yard. With the construction of the new public library at the W.R. Meadows site and the vacation of the Ann Street Public Works site in 2003 , consideration should be given to begin the environmental assessment of the properties within the redevelopment area that the City owns and has access to. Due to the previous and current uses at the sites in question, they can be characterized as Brownfield Redevelopment sites. The State of Illinois Environmental Protection Agency sponsors a grant program for the purpose of evaluating the potential contaminates at brownfield sites and suggesting potential remediation measures to allow for the remediation of the sites . The Illinois EPA defines brownfields as a site, or portion thereof, that has actual or perceived contamination and an active potential for redevelopment . PSA With ENSR International May 4, 2001 Page 2 Brownfields sites vary in size, location, age, and past use. These properties can range from a closed gas station to a former multi acre manufacturing facility. The Brownfields Redevelopment Grant Program (BRGP) funds projects contaminated (or suspected of being contaminated) by either petroleum, hazardous waste, or both. Grants are issued to municipalities to identify, evaluate, and prioritize former industrial and commercial property for cleanup. Grants are awarded for: • Extensive site assessments, • Preparation of cleanup plans, and • Development of cleanup objectives . BRGP funds cannot be used for actual cleanup activities. The BRGP is a reimbursement program. If awarded a BRGP grant, a municipality will be reimbursed for eligible and approved costs up to the specified grant amount . Municipalities that request funds under the BRGP for a specific site must enroll the site in the Illinois EPA' s Site Remediation Program (SRP) and proceed in accordance with the applicable regulations for that voluntary cleanup program - unless the site is regulated under the Leaking Underground Storage Tank (LUST) Program. In that case, the LUST program will provide technical oversight of project activities . A municipality may also engage outside professionals to prepare the grant application; however, project statements and applications must be signed by a duly authorized municipal official . Grants shall be limited to a maximum of $120, 0.00 . A municipality may request an initial grant amount of less than $120, 000 and later amend the grant upwards to the maximum amount . Grant awards are distributed as reimbursement of costs incurred by the municipality. Grant amounts shall not exceed 70% of the specific project amount . Specific projects may be a single phase of a larger project (i .e. , a Phase II environmental assessment as a prelude to a larger project) . Municipalities are required to share in any grant award through a 70/30 match (70% grant, 30% match) . See examples below. PSA With ENSR International May 4 , 2001 Page 3 BRGP Project Maximum Grant Costs Award $50, 000 $35, 000 $100, 000 $70, 000 $171, 400 $120, 000 The 30 percent match may be either a monetary match or in-kind. In-kind means that a municipality may count City personnel and equipment costs used for grant-eligible activities towards the match. A municipality has a maximum of three years to meet and report its match, however, match-eligible activities must correspond to the project schedule in the grant application approved by the Illinois EPA. Eligible Expenses Costs eligible for payment from the BRGP include those for brownfields site identification, investigation, characterization, inventory, development of remediation objectives and development of remedial action plans, and for materials or services provided or performed in conjunction with these activities . Such activities and services may include, but are not limited to: 1 . Agency oversight costs of participating in the SRP, 2 . Reasonable environmental consultant oversight services, 3 . Remedial investigation and design, 4 . Development and implementation of activities necessary to establish remediation objectives, 5 . Laboratory services necessary to characterize the site and establish cleanup objectives, 6 . Installation and operation of groundwater investigation and monitoring wells, 7 . Development and implementation of a soil sampling plan, 8 . Development of a groundwater corrective action system, 9. Development of a soil corrective action plan, 10 . Costs associated with seeking reimbursement from the BRGP including, but not limited to, completion of documentation for partial or final payment, and 11 . Purchase costs for non-expendable materials, supplies, equipment or tools purchased and used for the BRGP project . In preparation for submitting an application for the IEPA Brownfield Redevelopment Grant Program, the City sought proposals from six qualified professional consultants to prepare the grant application and conduct the approved environmental assessment . PSA With ENSR International May 4 , 2001 Page 4 The courtesy assistance with the grant application scope of services includes a determination of costs and time frames for performing the prepared environmental assessments, developing the clean-up objectives and preparing the remediation plans for the properties . RFQ' s were requested from the following firms : 1 . Enviro - Kinetics, Skokie, IL 2 . ENSR International, Warrenville, IL 3 . Levine-Fricke, Elgin, IL 4 . Patrick Engineering, Lisle, IL 5 . Harding ESE, Inc . , Chicago, IL 6 . BT2, Madison, IL All of the above-mentioned firms, with the exception of Enviro- Kinetics, submitted RFQ' s for consideration. The RFQ' s were reviewed by Ray Moller, Steve Bone and Rebecca Cors (Vandewalle and Associates) . ENSR and BT2 were selected to be interviewed. While both ENSR and BT2 are more than qualified to perform the requested scope of service, the review team feels that ENSR should be selected to develop the BRGP application and conduct the necessary environmental assessment of the three parcels of land. ENSR is a Chicago-area company and its staff has an excellent working relationship with the IEPA staff that administers the brownfield program. As mentioned earlier, if the City were to maximize the amount of the BRGP, the IEPA would fund $120, 000 and the City would be required to provide a local match of $51, 429 . The total expenditure on environmental services would be $171,429 . Currently, ENSR estimates a grant totaling $134, 9.62 . The BRGP portion of the cost would be $94 , 474 . and the City' s share would be $40, 488 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Project Management Team for the Riverfront/Center City Master Plan Implementation. FINANCIAL IMPACT Expenses related to the construction of Phase I of the Riverfront/Center City Master Plan project would be charged to account number 275-0000-791 . 92-32 , project number 039518, where $4, 178, 008 . 37 remains . No expenses related to the BRGP were included in the riverfront project budget . PSA With ENSR International May 4 , 2001 Page 5 LEGAL IMPACT A Professional Services Agreement will need to be prepared. ALTERNATIVES 1 . Proceed with the development of the application for BRGP and authorize the preparation of a Professional Services Agreement with ENSR in an amount not to exceed $51, 429 . 2 . Do not authorize the BRGP application. RECOMMENDATION It is recommended that a Professional Service Agreement be prepared with ENSR International, calling for the development of a Brownfield Redevelopment Grant Program Application submittal and the implementation of identified testing at 35 Ann Street, 520 McBride Street and 500 North Grove Avenue. Fees related to the environmental service shall not exceed $51, 429 . Respectfully submitted, a' Z - /�� L Parker City Manager RHM:sp Attachment