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01-60 Resolution No. 01-60 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH PATRICK ENGINEERING, INC. FOR THE SPORTS COMPLEX BLASTING STUDY 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 an agreement on behalf of the City of Elgin with Patrick Engineer, Inc . for the Sports Complex Blasting Study, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 14 , 2001 Adopted: March 14 , 2001 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT is made and entered into this 14th day of March, 2001, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as "CITY") and Patrick Engineering, Inc. (hereinafter referred to as `CONSULTANT"). WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with THE SPORTS COMPLEX BLASTING STUDY (hereinafter referred to as the "PROJECT"). AND WHEREAS, the CONSULTANT represents that it is in compliance with Illinois Compiled Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, in consideration of the promises and covenants contained herein, the sufficiency of which are hereby acknowledged, it is hereby agreed by and between the CITY and the CONSULTANT that the CITY does hereby retain the CONSULTANT to act for and represent-it in all landscape architectural and engineering matters involved in the PROJECT, subject to the following terms and conditions and stipulations, to-wit: I. SCOPE OF SERVICES A. All work hereunder shall be performed under the direction of the Director of Parks and Recreation of the CITY, herein after referred to as the "DIRECTOR". B. The CONSULTANT will provide all services necessary to complete the project in a successful manner. The City expects the CONSULTANT to develop an investigation plan to determine at a high level of accuracy, if the mining operation/blasting has caused physical damage to the residential structures in and around the Sunset Park Neighborhood. The investigation plan shall include, but is not limited to the following: 1. .Contacting and working with Prairie Materials, Inc., the Elgin Mental Health Center, the Sunset Park Neighborhood Association and the Illinois Department of Natural Page 2 Resources Department of Mines and Minerals to gather past data and information regarding the mining operation. Past seismograph data is available at the Elgin Parks and Recreation Department Office. 2. Site visits to the mining operation, the Elgin Mental Health Center and residential sites in and around the Sunset Park Neighborhood which have alleged physical damage. 3. Determine if additional seismograph monitoring or other forms of testing are necessary to conclude study. 4. Review final report data from previous IDNR study information in 1998. 5. Provide a final report establishing whether or not blasting damage has occurred from the mining blasting. The City expects the CONSULTANT'S final report to determine, with a high level of accuracy, whether or not blasting damage has occurred from the mining blasting. CONSULTANT will work closely with the City Parks and Recreation Department Director to ensure all existing data and information are collected and evaluated. The final report will be distributed to the City Council and community following submittal t the City. C. A detailed scope of services in the form of the CONSULTANT"S proposal is attached hereto as Attachment A. II. PROGRESS REPORTS A. An outline project milestone schedule is provided in Attachment A, which is attached hereto. B. A detailed project schedule is attached hereto as Attachment B. C. The Consultant will submit to the Director monthly a Status Report keyed to the Project Schedule. A brief narrative will be provided identifying progress, findings and outstanding issues. Page 3 III. WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited to, reports, designs, calculations, work drawings, studies, photographs, models and recommendations shall be the property of the CITY and shall be delivered to the CITY upon request of the DIRECTOR provided, however, that the CONSULTANT may retain copies of such work products for its records. Such work products are not intended or represented to be suitable for reuse by the CITY on any extension to the PROJECT or on any other project, and such reuse shall be at the sole risk of the CITY without liability or legal exposure to the CONSULTANT. IV. PAYMENTS TO THE CONSULTANT (Not To Exceed Method) A. For services provided the CONSULTANT shall be reimbursed a total fee not to exceed amount of$67,825 regardless of the actual costs incurred by the CONSULTANT unless substantial modifications to the scope of the work are authorized in writing by the DIRECTOR. A detailed fee schedule is hereto attached as Attachment C. B. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of invoice. Said periodic payments to the CONSULTANT shall not exceed the percentage of work completed, and full payments for each task shall not be made until the task is completed and accepted by the DIRECTOR. V. INVOICES A The CONSULTANT shall submit invoices in a format.approved by the CITY. Progress reports shall be included with all payment requests. B. The CONSULTANT shall maintain records showing actual time devoted and cost incurred. The CONSULTANT shall permit the authorized representative of the CITY to inspect and audit all data and records of the CONSULTANT for work done under this Agreement. The CONSULTANT shall make these records Page 4 available at reasonable times during the Agreement period, and for a year after termination of this Agreement. VI. TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement for any and no reason at its sole discretion. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph IV above. VII. TERM This Agreement shall become effective upon execution and unless terminated shall expire on the date the Director in his sole discretion determines in writing that all of the CONSULTANT'S work pursuant to this Agreement is complete. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any breach hereof by the CONSULTANT. VIII. NOTICE OF CLAIM If the CONSULTANT wishes to make a claim for additional compensation as a result of action taken by the CITY, the CONSULTANT shall give written notice of his claim within 15 days after occurrence of such action. No claim for additional compensation shall be valid unless so made. Any changes in the CONSULTANT's fee shall be valid only to the extent that such changes are included in writing signed by the CITY and the CONSULTANT. Regardless of the decision of the DIRECTOR relative to a claim submitted by the CONSULTANT, all work required under this Agreement as determined by the DIRECTOR shall proceed without interruption. IX. BREACH OF CONTRACT If either party violates or breaches any term of this Agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek such Page 5 administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails to comply with the conditions of the Agreement, the other party may terminate this Agreement. X. INDEMNIFICATION CONSULTANT shall hold harmless, defend and indemnify City, its agents, officers, employees, boards and commissions and assigns from and against any and all claims for damages, suits, causes or action and any and all other liability of whatsoever nature including but not limited to attorney's fees resulting from, arising out of, or in connection with CONSULTANT'S negligent or reckless action or omissions. In the event of any action against the City, its officers, agents, or employees, boards or commissions, covered by the foregoing duty to indemnify agrees to and shall indemnify defend and hold harmless, such action shall be defended by legal counsel of the City's choosing. XI. NO PERSONAL LIABILITY No official, director, officer, agent or employee of the CITY shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution, approval or attempted execution of this Agreement. XII. INSURANCE This insurance shall apply as primary insurance with respect to any other insurance or self- insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or prorate, it shall be endorsed to be primary with respect to the CITY. A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1,000,000 aggregate for bodily injury and $1,000,000 aggregate for property damage. s Page 6 The CONSULTANT shall deliver to the DIRECTOR a Certification of Insurance naming the CITY as additional insured. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. The Certificate of Insurance which shall include Contractual obligation assumed by the CONSULTANT under Article IX entitled "Indemnification" shall be provided. B. Comprehensive Automobile Liability. Comprehensive Automobile Liability Insurance covering all owned, non-owned and hired motor vehicles with limits of not less than $500,000 per occurrence for damage to property. C. Combined Single Limit Policy. The requirements for insurance coverage for the general liability and auto exposures may be met with a combined single limit of $1,000,000 per occurrence subject to a$1,000,000 aggregate. D. Professional Liability. The CONSULTANT shall carry CONSULTANT's Professional Liability Insurance Covering claims resulting from error, omissions or negligent acts with a combined single limit of not less than $1,000,000 per occurrence. A Certificate of Insurance shall be submitted to the DIRECTOR as evidence of insurance protection. The policy shall not be modified or terminated without thirty (30) days prior written notice to the DIRECTOR. XHL CONSTRUCTION MEANS, METHODS, TECHNIQUES, SEQUENCES, PROCEDURES AND SAFETY The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the construction, unless specifically, identified in the Scope of Services. XIV. NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, Page 7 there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following: employment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. No person shall be denied or subjected to discrimination in receipt of the benefit of any services or activities made possible by or resulting from this Agreement on the grounds of sex, race, color, creed, national origin, age except minimum age and retirement provisions, marital status or the presence of any sensory, mental or physical handicap. Any violation of this provision shall be considered a violation of a material provision of this Agreement and shall be grounds for cancellation, termination or suspension, in whole or in part, of the Agreement by the CITY. XV. ASSIGNMENT AND SUCCESSORS This Agreement and each and every portion thereof shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the prior written consent of the CITY. XVI. DELEGATIONS AND SUBCONTRACTORS Any assignment, delegation or subcontracting shall be subject to all the terms, conditions and other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY with respect to each and every item condition and other provision hereof to the same extent that the CONSULTANT would have been obligated if it had done the work itself and no assignment, delegation or subcontract had been made. XVII. NO CO-PARTNERSHIP OR AGENCY This agreement shall not be construed so as to create a partnership,joint venture, employment or other agency relationship between the parties hereto. i Page 8 XVM. SEVERABILITY The parties intend and agreed that, if any paragraph, sub-paragraph, phrase, clause or other provision of this Agreement, or any portion thereof, shall be held to be void or otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect. XIX. HEADINGS The headings of the several paragraphs of this Agreement are inserted only as a matter of convenience and for reference and in no way are they intended to define, limit or describe the scope of intent of any provision of this Agreement, nor shall they be construed to affect in any manner the terms and provisions hereof or the interpretation or construction thereof. XX. MODIFICATION OR AMENDMENT This Agreement and its attachments constitutes the entire Agreement of the parties on the subject matter hereof and may not be changed, modified, discharged or extended except by written amendment duly executed by the parties. Each party agrees that no representations or warranties shall be binding upon the other party unless expressed in writing herein or in a duly executed amendment hereof, or change order as herein provided. XXI. APPLICABLE LAW This Agreement shall be deemed to have been made in, and shall be construed in accordance with the laws of the State of Illinois. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. XXII. NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from Page 9 the DIRECTOR, nor shall the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. XXIH. COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with City and any of its employees and retained consultants associated with the PROJECT. XXIV. INTERFERENCE WITH PUBLIC CONTRACTING: P.A. 85-1295 The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code or any other law. XXV. SEXUAL HARASSMENT As a condition of this contract, the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B. the definition of sexual harassment under state law; C. a description of sexual harassment, utilizing examples; D. the vendor's internal complaint process including penalties; E. the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the Department of Human Rights and Illinios Human Rights commission; R , Page 10 G. protection against retaliation as provided by Section 6-101 of the Human Rights Act (copy attached). A copy of the CONSULTANT'S sexual harassment policy shall be provided to the Illinois Department of Human Rights or other governmental agency upon request. XXVI. WRITTEN COMMUNICATIONS All recommendations and other communications by the CONSULTANT to the DIRECTOR and to other participants which may affect cost or time of completion, shall be made or confirmed in writing. The DIRECTOR may also require other recommendations and communications by the CONSULTANT be made or confirmed in writing. XXVII. NOTICES All notices, reports and documents required under this Agreement shall be in writing and shall be mailed by First Class Mail, postage prepaid, addressed as follows: A. As to CITY: MONICA MEYERS, Director of Parks and Recreation City of Elgin 31 South Grove Elgin, Illinois 60120-5555 B. As to CONSULTANT: LARRY HOLISH Senior Project Manager Patrick Engineering, Inc. 4970 Varsity Drive Lisle, Illinois 60532-4101 f Page 11 IN WITNESS WHEREOF, the undersigned have placed their hands and seals upon and executed this Agreement in triplicate as though each copy hereof was an original and that there are no other oral agreements that have not been reduced to writing in this statement. For the CITY: ATTEST: THE CITY OF ELGIN By ' ' By Q ' City Clerk City Manager (SEAL) For the CONSULTANT: Dated this P day of , A.D., -ZOO/ ATTEST: By / By Secret V r Presi ent (SEAL) Attadent psoortation A la�SirUC:Ur@ ENGINEERING INC. ivironmental anning rchitecture iesign/Buiid Surveying January 11, 200.1 Ms. Monica Meyers Director, Parks and Recreation City of Elgin - 1 5 1 Dexter Court Elgin, LL 60606 Subject: Proposal to Provide a Prairie Materials Mine, Blasting Assessment of the Homes in the Sunset Park Neighborhood in Elgin, Illinois Reference: Patrick Engineering Inc. Proposal No. 1-lY 1 Dear Ms. Meyers: In response to the City of Elgin's Request for Proposals, dated December 22, 2000 requesting a physical and condition assessment of Prairie Materials blasting-operations and its impact at the Sunset Park Neighborhood Association homes, Patrick Engineering Inc. (PEI) and Vibra-Tech Engineers have formed a Consultant Team. Together,PEI and Vibra-Tech employ over 380 people in Illinois and other Midwest states. This combination of engineers, geologists, geophysicists and scientists are prepared to work closely with Elgin's Parks and Recreation Department Director to provide all of the services necessary to complete the proposed project in a successful and timely manner. The purpose of the physicaUgeologicaUseismological assessment is to identify the potential for recognized and alleged physical damage conditions, liabilities . or non-compliance issues associated with the properties in the referenced neighborhood, which may be directly attributed to the Prairie Materials Mining operations. Blasting Consultant Team is pleased to submit this proposal to perform an assessment of the subject residential neighborhood-properties identified as Parcel bounded by Illinois Route 20 on the south, -- - McClean Blvd. on the west, Lillien, South and Washburn streets on the north, and Gertrude Street on - - the east, located in Elgin, Illinois. The site consists of a 65-acre property with 10 reportedly damaged homes. Qualifications and Resumes of Key personnel for the Blasting Consultant Team headed by PEI's Senior Project Manager Lawrence L. Holish, P.E. are contained in Attachments A and B respectively. The Blasting Consultant Team consists of Midwest regional firms with extensive- '= experience and personnel resources in the geological and blast damage complaint investigations. The organization and staffing for this project will be carefully selected from the Team's matrix management system, tailored.to the specific needs.of this project.. Mr..Holish will take-the_lead_ role as Principal-in-Charge. He will be supported by Mr. Dane Tittman, Area Manager for blast -- damage complaint investigations and his staff. Mr. Holish and MT. Tittman have over 57 years of engineering and blasting t°chnology experience. 4970 Varsity Drive Lisle, IL 60532-4101 Tel:(630)795-7200 Fax:(630) 724-1681 - ?rioted on.,cycb,,aoa, . City of Elgin January 11, 2001 --1age 2 of 7 ' lr. Holish will be-the primary contact for ail contractual financial, and technical issues. He will oversee the staffing, track project accomplishments versus schedule and budget, provide overall project quality assurance and control,. and will be responsible for the actual scheduling and conduct of the project. Technical quality assurance and control for this program will be the responsibility of the entire team. Each.level of management and staff has a clearly defined responsibility for producing work that meets the quality standards set by the ?yam. Mi. Tittrnan will serve as the Tearn's Quality Assurance (QA) Officer for this program. He will oversee QA activities and ensure that quality assurance activities are conducted in accordance with the Teams Quality Assurance (QA) Program Plan. This letter presents the intended purpose of the work and details the scope of services which will be performed. PURPOSE OF THE SPORTS CONIPLEX BLASTING STUDY The purpose of the "'Sports Complex Blasting Study" is to provide a professional opinion regarding the identification of recognized physical damage and similar conditions, liabilities or non- r compliance issues attributable to the mining operation, and make a determination of the methods of mining operations such that the integrity and ultimately the value of the neighborhood properties would not be significantly affected. The purpose of this study is not to determine the structural integrity of any buildings in the =" neighborhood or immediately adjoining the site or the adequacy of the foundations, mechanical _ - equipment, electrical equipment, etc. The Project Team is prepared to provide sampling and testing of characteristic seismic events and evaluate their potential to affect building materials and underground piping for drinking water; however, a comprehensive or exhaustive assessment of these issues is not included in this scope of services. Detailed sampling and testing of soils and/or other geologic materials is beyond this scope of services but may be recommended in the report.-: -- - ROPOSED SCOPE OF-WORK: NiMfE BLASTING ASSESSMENT. IS A1212lication to Blast Analysis - As part of the proposed-scope of work, it is'in-tended that a Geographical Information Systems - (GIS) database be developed. The implementation of GIS would allow historical records and eighborhood survey information to be combined with regional geo-spatial data. In doing so, there will be a better understanding of the relationship between the Prairie Ivlate Fla ls blasting and the residences located in the Sunset Park Neighborhood. City of Elgin January 11, 2001 Page 3 of 7 Datasets wdl be created in a multi-phase process Initially, geological information will be referenced to understand the stratigraphy underlying the - neighborhood. PEI is currently in the process of performing a hydrogeological study at the City of Elgin Sports Complex, and already possesses much of this information. _- Second, historical records will be input into the database. These will include aerial photos that show the development of the neighborhood since the mining operations began. Furthermore, these photos will display the progress of the mining operation over time valuable in developing a timeline from which to review the survey information. Third, a survey of the individual households will provide information regarding the impact that the mine blasting may have had on the structures within the Sunset Park Neighborhood. A modified Mercalli scale will be used to help create an understanding of the intensity of individual blasting events. Applying a standard set of values to the survey information will allow isoseismic maps to be created within the GIS platform. This will ensure a better understanding of the potential impact of the blasting events over time. Fourth, following the analysis of the seismic array, statistical information can be spatially represented and analyzed in conjunction with the other datasets. Developing a GIS database will not only help analyze the impacts that the blasting may have had on the Sunset Park Neighborhood, but will also help in the presentation and understanding of the results to others. =' For the site data collection, we propose to provide the following services: _- Conduct an on-site reconnaissance of each property by a professional who is experienced in conducting blasting damage assessments. Contact and meet with agencies such as the local historical department, the-Illinois Department of Natural Resources, the Office of Mine and Minerals, the Illinois Elgin Mental Health Center and the Parks and Recreation Department regarding past blasting data and records damage incidents which might have affected the site. The record review would include seismic recordings and blasting logs. A summary -- report for each year similar to Figure I would be generated showing peak ground motion as it relates to the State of Illinois criteria and the recommended U.S. Bureau of Mines criteria. In addition, the air over pressure will be plotted to the State of Illinois regulations and the Bureau's criteria, which are one and the same. The existing data will be reviewed using threshold darnage criteria recommended by the U.S. Bureau of Mines and from a human perception standpoint. == Perform an on-site interview with personnel who are familiar with the Sunset Park �: Neighborhood homes..and mining operations. Team members would meet with ........... Page ^ of 7 owners who have claimed damages from the quarry blasting. We dual property > .would document any alleged damages the property owner.is claiming as the result of - _ -blasting activity. Photographs and i eld notes would be put into a formal report each individual property owner. We would examine the cumulative effect of blasting on structures and try to deterrrune what caused the specifi=c defect-the -property owner is claiming. It is our understanding that at least 10 property-owners have filed some sort of complaint either with the City or with an insurance carrier. --`--'(The-interview will require approximately one-half hour per home and will be performed concurrently with the site reconnaissance.) Make visual observations and photo documentation of the exterior and interior -- _ surfaces of the reported damaged homes for obvious signs of structure _--,deteri oration. Observations of the condition of site basements (if any) will be _ made. (Stressed foundations may be indicative of other environmental impacts.) The location of the residence will be determined using Global Positioning System (GPS) to facilitate future identification of the site. The position at the center of the house will be determined by utilizing a single receiver Leica SR530 to locate a -- — -- specified offset of the corners of each house. The survey data collected by this single receiver will be processed with survey data collected by the Continuously Operated Reference Stations (CORS) that are coordinated by the National Geodetic Survey. The resulting differential GPS baseline will provide a - horizontal accuracy of 2 to 3 feet. The GPS accuracy in combination with determining the offset of the corner of the house will provide an overall _ horizontal accuracy of 5 feet for each corner of each house. The position at the _u center of the house will then be calculated by using the measured corners of the - house. _«. __Review up to three (3) historical aerial photographs, if available, of the project site to assess the past construction practices and land usage of the area. --Review available Fire Insurance (Sanborn) Maps and/or USGS 7.5-minute __,:_Topographic Map to determine land use of the site and adjoining properties for the _ -�past 50 years. Review readily available published data on the geology; groundwater and mapped "r --wetland conditions near the site. For this assessment, wetlands as jointly defined by the Environmental Protection Agency (EPA) and the U.S. Army Corps of - - Engineers are "those areas.that are inundated or saturated by surface or ground- _ - water for a duration and frequency sufficient to support and under normal circumstances do support-a.prt•valence of vegetation adapted-for.life in-saturated soil conditions," shall be used. pgin 11,2001 Page 5 of 7 = •--- - After reviewing the existing seismic recordings, independent vibration monitoring - - - may be required to gather additional information or verify the past data. A small - __-- array of seismographs can be put out to determine how the vibration intensity is - _ ---- changing with changes in distance. When a blast is monitored in a method that collects vibration data.versus distant: and charge weight, it is possible to analyze the data in such a way that it becomes an indicator of the vibration effects for future blasts and not merely a record of past events. Once the rate of attenuation _--- is defined, the determination of possible zones of concern based on proximity to the blast can be predicted. If needed, permanent installations can be installed at areas of concern to continually monitor blasting activity. • The Team will prepare seismic event reporting forms to be distributed to _ homeowners in the neighborhood. These forms are to be completed by the e-� homeowner and are designed to provide a subjective interpretation of their perceptions of home reactions during a recorded blasting event. The seismic record form.will be converted to objective data points for entry into-GIS Database -- Reports, which will cover available databases for comparable blasting assessments. The Team members will also contact state regulatory agencies to - identify the status of known blasting-related damage concerns for the _ ---- neighborhood properties. As this contact is often required to be made in writing under the Freedom of Information Act, such information may not always be made _ = available to Team within the time frame of this project. In such instances, the Team will review and forward the information upon receipt. -`' Finally, if a low frequency, high amplitude or long-duration signal or waveform is - �- - being generated from the blasting activity, we propose to complete an isoseismic - - study of selected areas within the surrounding neighborhoods. This would encompass up to 175 digital seismographs at one time to monitor up to four blasts in -- = : __a single day. We recommend the two typical production blasts be detonated in _ different parts of the-quarry along with two single-hole blasts to get a signature waveform of the local geology. Provide an isoseismic study within a predeterrruned segment of the neighborhood as derived from the earlier studies. The isoseisrnic study, as measured from four blasting operations, is a peak_.ground particle velocity mapping system that identifies where the greatest peak particle velocities occur within the prescribed area of influence. Contour maps of both the ground and the air over pressure would be made showing the distribution of blast vibrations around the T_ quarry. The data will be analyzed using regression analysis techniques and Response Spectra Velocity Profile (RSVP). During this study; the Team will characterize the vibration response resulting from the geologic formations surrounding the study - homes. Given the motion determination, w .propose to dete=,* e how the individual - _ structure will respond to that motion. City of Elgin January 11, 2001 Page 6 of 7 Report of the Assessment._ The blasting report, titled "The Sports Complex Blasting Study", will provide a professional opinion on the identification of recognized environmental conditions, liabilities or non-compliance issues associated with the damaged properties, document the records of residents, define photographically those materials which could impact the value of the property and how the building could be significantly affected. The assessment will be described in a `z - report documenting: x t • Site history as determined from available from City of Elgin Historical records • Observations made during the site reconnaissance visit • General description of area geologic and groundwater and-any identified wetland conditions • Presentation of GIS data maps and database records for the site information collected durinc, the studies __.. Responses from field data collection and photo documentation y - Responses to the personnel interview questionnaire • An opinion on whether or not property damage has occurred from the mine blasting BE F'UPUNISHED BY THE CLIENT -provide the following information to PEI along with the other contractual documents. i� Copies of seismological and/or engineering reports (if any) prepared by others _ regarding the subject neighborhood A tax identification number(P.I.N. ) for the site - A topographic/boundary survey of the site, and Sanborn Fire Insurance maps if available ._ Access to the subject site with contact names and telephone numbers for personnel -=T who are familiar with the property and past operations -` PROPOSED FEE AND SCHEDULE - The fee for- the Mine Blasting Assessment as described above shall be a lump sum as shown in =_ Sealed.Part B_ The Team member understands that the successful Consultant shall be advised as to >> -- ee-negotiation meeting. The negotiation and discussion will cover the Consultant's costs (direct costs, indirect costs, and profit or net fee) as may be considered by the City to be seasonable. The "CSty will also agree upon the projec., schedule and any final adjustments in the project requirements 13 City of Elgin January 11, 2001 Page 7 of 7 at this time. We also understand that when the fee has been agreed upon, the Parks and Recreation 7 Director will prepare a Council Action requesting permission to enter into an-Agreement for professional services (attached). -She will also im`orm the remaining short-listed consultants that the T award has been made to another firm. Should additional investigations be warranted, a scope of work will be prepared and a fee can be negotiated for the completion of any additional work. The following schedule is proposed, assuming the Standard Agreement for Professional Services provided within the RIP is executed by February 29, 2001, and that any information..to-be-fu.*shed- by the client is.received by the following week. The schedule for report submittal.may be shortened Apending early responses from the agencies contacted or, alternatively, a verbal report may be made two weeks,after the final site visit pending the results of the mine blasting data collection and public -research information. 1. Review of historical information sources March 9, 2001 2. On-site reconnaissance and submittal of seismic March 23, 2001 event forms.for record keeping --- 3. Receipt of public research information and field April 2,2001 seismic analytical results (if any) 4. Preliminary results of isoseismic study April 23, 2001 D. Submit report of mine blasting operations, GIS data May 23, 2001 and laboratory analytical results We are pleased to have the opportunity to provide this quotation for professional services and look forward to assisting City of Elgin Parks and Recreation Department. Should you have questions or -- comments regarding our proposal,please do not hesitate to call me at(630) 795-7357. == Very truly yours, PATMCK NGLNEERING LtiC. Ra-TECH ENGENEERS La ence.L. Holish, P.E. Dane Tittman `Senior Project Manager Area Manager llh/smc Enclosures: Attachments A & B - tLA9e019177\bIas6ng\Elgin blasting.doc {rtL�,.:f E.'rill rl '°Ia a..',.,f .'k ! r ;'•1+1 i7-.,1��: 'i7 5,..::pj { ..r7'f A^•3!'t{Vii? rti tyc� ryr!,. ,.A %11 4�y n5''I^..� t. ,. ' `i• :n.1. 7:•/�TV .7 Vr. .t .t 1 dV. al,,i u ,.I f 2. ,�9 f S ,t iiF/.,�;:.li,� i.•iv ) ii .:�t. .!,!S ',.t ! .l trl t c r •!:• ':YO. ,.raft:,�.�Y'•r,r n;ii;;•'... -} .., ,aJ; �.., r: f. .4 .n.'I,.'.�t.•:�.r .a 1, ;S'�Jf..v'� ) � ,x f} .1,. p , .i f �!. 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Progress Rolled Up Task Rolled Up Progress Page 3 O 0 CD The Sports Park Complex Blasting Study tv Sunset Part Neighborhood Elgin,IL r Project l-141 i 0 Mar4 '01 Mar 11 '01 Mar 18'01 Mar 2S,rot' t 'tit r ID Q Task Name Duration T F 8 S M T (WIT F S 6 M T W T F 8 8 M T W T F S 3 M T W T F S S 1 M T I W T j F I S t Took 1 Planning Servicaa 0 days am 2 Coaled Regutabry Agendas _ —...3 do", C 3 ... ..Technical Review of data D days O� 4 C, Public Meeting 1 day F�, 5 Melton Detection forms 0 days rl 8 Sunsel Part Interviews 8 days 7 ER GPS Survey of lowdor e 4 days w 0 Historical Data Collection 5 days. ,p _ w Prairie His.Mtg 5 days ; AM ......... 0 11 ©.. .Task 2 Seismic Analysis ......0 days 3116 c 12 ® .• Develop crwOda(wave form Genet• 2 days t':^:^:."•^;.3 13 ® Ground Motion studies(two Mays; 1 day 14 © Ali Blast Raoorda 1 day _ 15 ® Other Mourn Studies 2 days `d 16 ® dinar kilo Mooting •• 1 day � C1 17 � 18 ® Task 3[so Seismic Study 0 days 3 R7 19 1 election of eaady shoe 5 days 20 Deologlc Charatedzation 7 days l?7 21 Data analysis and report Prep 20 days TL Client Meetig seledlon of Olt i day G1 23 Response spectra -- ---- 3 days i 24 — Damage minimization etretegy 5 days 20 ;Task 4 Pud le Cloeura Mlg 0 days 27 ® Retum of Dotectiorl forma 0 days 28 'Home owner records correlation 3 days 29 ® Pubt mooting -- - 1 day 30 8nel roPod ._ . . 8 days Task Missions RoBod Up Split Extemal Teaks Date: Seismic Data Spjh .............. Summary Rolled Up Missions, Q Prefect Summary Date:wad 2a1ro1 , Progress ! Roped Up Task Rolled UP Progress EMMOMEHEMN r Pays 1 i CD ' tv N Patrick Engineering-Vi bra Tech Engineers REVISED ENGINEERING ESTIMATE The Sports Complex Blasting Stud Elgin Illinois Prole t .1 -141 d Feb-01 F H I � TASK Total labor Expen seaf Protect 1-- Hours Estimate Travel Estimate Hourly Rate TASK 1 -Plisse I Planning Services Pro act.,-:art Research and Ana sis w Contact Regulatory encies 2 8 8 2 20 1,574 1,574 0 Tectmical review of available data Prairie Mtis,IDNR&City) 2 24 12. 38 3,130 3,130 P Kid(-off meeting,evaulatlon protocol,homer owner selection 8 4 12 1,340 1,340 � Sunset Park 20 Resident Interviews 40 24 20 8 4 98 9,048 500 9,548 Photo documentation 20 homes 4 8 20 12 44 3,084 600 3,684 0 GPS survey of site locations 4 16 4 24 2,080 200 2,280 0 Historical Data collectlon and reporting 2 24 4 4 34 2,316 500 2,818 Prairie Materials meetings 21 4' 4 29 i 3,245 100 3,345 Sub total planning Services 83 88 88 16 22 297 27,619 TASK 2 Seismic Analysis Develop criteria wave form generation) 4 81 12 2 2 28 2,214 2,214 Ground motion studies two arrays@two events 4 8 24 2 38 2,944 650 3,594 'z y Air Blast Records 4 8 a 2 22 1,824 1,824 z Other motion studies Trucks etc. 4 4 8 2 18 1,304 1,304 Subtotal Seismic Analysis 16 24 48 10 8 106 8,286 8,936 x tr TASK 3 ISO-SEISMIC STUDY C Develop options-selection of 5tdy sites(up to 140instr.sites 2 8 40 16 ! ee 4,810 5,000 9,010 2 Geol2ulc Characterizationof selected seismograph locations 2 8 4 4 18 1,430 1,430 n: Data anatysis and report preparation 12 24 40 32 12 120 8,804 8,604 k Client Meeting Selection of Vibration Alternatives 8 2 10 , 1,000 1,000 1 • Response s ectra velocity profiling 4 12 10 26 1,730 1,730 r Construction Strategy for damage minimization 4 24 4 8 4 44 3,428 3,428 Subtotallso-selsmicStudles 28 70 100 70 16 284 20,972 25,802 > TASK 4 Public Meetings(optional) Layout concepts of BLAST DAMAGE MINIMIZATION 4 16 20 1,220 55 1,275 w Home owner form,Aisessm nt Mercalli Determination 2 8 24 34 2,250 2,250 n Public Meeting 12 2 4 18 1,838 105 1,943 Subtotal Public Meetings 14 14 0 40 4 72 5,308 5,468 fD TOAL ESTIMATED COST FOR BLASTING STUDY 67,825 ft C1 Unit Price per homeowner Interview' 2 3 .21 11 7421 50 1 792 I I i C cn Agenda Item No. City of Elgin :, February 22, 2001 _ TO: Mayor and Member of the City Council FROM: Joyce A. Parker, City Manager NEIGHBORHOOD VITALITY SUBJECT: Mining Blasting Study PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into a contract with Patrick Engineering, Inc. to perform a blasting study in and around the Sunset Park neighborhood as a result of the quarry operation currently operating at the Elgin Sports Complex by Prairie Materials, Inc. BACKGROUND In 1994, The City Council entered into an agreement with Road Materials Corporation to mine a 47-acre area within the Sports Complex. Road Materials Corporation sold its mining and aggregate business to Prairie Materials, Inc. in 1997 . Since the blasting of limestone began in 1995, resident complaints have been received by the City. In February 1997, the Illinois Department of Natural Resources, Office of Mines and Minerals/Blasting and Explosives Division (IDNR) was contacted for assistance with homeowner complaints . The IDNR began monitoring mining operations throughout the state in July 1997 . Until that time the IDNR was a source of information regarding mining to provide to the residents . In 1998, the IDNR agreed to investigate the complaints and claims of possible damage due to the blasting. In February 1998, a neighborhood meeting was held at the Wesley Methodist Church where approximately 60 residents were in attendance . The IDNR completed their investigation in April 1998, concluding that the mining blasting was being operated within allowable limits and could not be causing damage to any surrounding residential structures . • Mining Blasting Study February 22, 2001 Page 2 Complaints regarding the mining continue to be received by the City. Claims submitted to Prairie Materials, Inc . of damage from homeowners in and around the Sunset Park neighborhood have also continued. Contact was again made with the IDNR in 2000 as to what options the City had to further investigate resident complaints and alleged structural damage . The suggestion was raised to hire an independent firm to evaluate the mining blasting effects and the IDNR provided the contact information for firms specializing in seismic studies . Request for Proposals were mailed to three firms . Two of the three firms (Patrick Engineering, Inc. and Vibra-Tech Engineers) joined together to submit a joint proposal. The purpose of the study is to determine, with a high level of accuracy, whether or not property damage has occurred from the mining blasting. The scope of services, in general, for the study will be as follows : • Data Collection- Contact and meet with agencies such as the local historical department, the Illinois Department of Natural Resources, the Illinois Mental Health Center and the Parks and Recreation Department regarding past blasting data and records damage incidents which might have affected the site e. The record review would include seismic recordings and blasting logs . • Resident Interviews- Meet with residents in and around the Sunset Park neighborhood. Initially, through a neighborhood- wide kick-off meeting and then, individually, once specific residents/structures are identified. Home investigations will be included. • Site Visits/Meetings- Meet on-site with Prairie Materials, the Elgin Mental Health Center and individual resident homes. • Consultant Studies- Consultant will perform independent ground motion and air blast studies to provide additional mining impact evaluations . The study will be completed in four tasks : • Task One-Planning Services- Research and analysis to include contacting all regulatory agencies, technical review of available data (Prairie Materials, IDNR and City) , kick-off • meeting with Sunset Park neighborhood, homeowner selection for interviews and photo documentation, GPS survey of site locations, historical data collection and reporting. • Mining Blasting Study February 22, 2001 Page 3 Task Two-Seismic Analysis- Ground motion studies, air blasts records and other motion studies (Route 20, etc. ) . • Task Three-Seismic Study- Selection of study sites, geologic characterization of selected seismic locations, data analysis and report preparations, client meetings, mining operation modifications. • Task Four-Public Meeting- Review of study/conclusion. Patrick Engineering, Inc. and Vibra-Tech Engineers estimate the study to be completed by May 23, 2001 . The above study will cost a not-to-exceed amount of $67, 825. Patrick Engineering, Inc. will be the lead firm in the project . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Sunset Park Neighborhood Association. FINANCIAL IMPACT Funds are available in the General Fund Contingency Account 010- 6902-719-84 . 01 . This project is an unanticipated expenditure which meets the criteria for contingency expense . GAL IMPACT An agreement will need to be prepared and submitted to the Legal Department for review. ALTERNATIVES The alternative is to not hire Patrick Engineering to perform a mining blasting study. RECOMMENDATION It is recommended that the Mayor and members of the City Council contract with Patrick Engineering, Inc. to perform a mining blasting study in and around the Sunset Park neighborhood at a not- to-exceed amount of $67 , 825 . OReectfully submitted, �P rker City Manager