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04-282 Resolution No.04-282 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH TERRACON CONSULTANTS, INC. FOR ENVIRONMENTAL CONSULTING SERVICES (520 McBride Street and 502 N. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,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 Terracon Consultants,Inc. for environmental consulting services for the property located at 520 McBride Street and 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: October 27, 2004 Adopted: October 27, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT THIS AGREEMENT, made and entered into t its may of 6CTc)1?e2 , 2004 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as "CITY" ) and TERRACON CONSULTANTS, INC . , authorized to do business in the State of Illinois (hereinafter referred to as "CONSULTANT" ) . WHEREAS, the CITY desires to engage the CONSULTANT to furnish certain professional services in connection with Brownfield environmental site investigations at the properties commonly known as 520 McBride Street and 502 N. Grove Avenue, Elgin, Kane County, Illinois (hereinafter referred to as the PROJECT) . AND WHEREAS, the CONSULTANT represents that he is in compliance with Illinois Statutes relating to professional registration of individuals and has the necessary expertise and experience to furnish such services upon the terms and conditions set forth herein below. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City does hereby retain the CONSULTANT to perform the services in connection with the Project as set forth herein, subject to the following terms and conditions : 1. SCOPE OF SERVICES A. CONSULTANT shall perform and direct the necessary qualified personnel to perform environmental site investigations as described herein at the properties commonly known as 520 McBride Street and 502 N. Grove Avenue, Elgin, Kane County, Illinois (hereinafter referred to as the "Subject Properties") . Services to be provided by the CONSULTANT for the Project are summarized as Task 1, Supplemental Site Investigation, Task 2 Remediation Objective Report and Remedial Action Plan and Task 3 BRG/SRG Coordination/Project Management . A detailed Scope of Services to be provided by the CONSULTANT for the Project is set forth in the Terracon Proposal with a cover letter of July 13 , 2004 attached hereto as Exhibit A and made a part hereof by this reference . B . All work hereunder shall be performed under the direction of the Director of Economic Development and Business Services of City (hereinafter referred to as the "Director" ) . CONSULTANT agrees that John Nardozzi shall serve as the principal in charge and senior program manager with overall responsibility for Project direction r �► and quality control for CONSULTANT ' S services pursuant to this Agreement . C . CONSULTANT shall commence with the services to be performed pursuant to this Agreement upon the execution of this Agreement and CONSULTANT shall complete such services as soon as is reasonably practicable . 2 . WORK PRODUCTS All work products prepared by the CONSULTANT pursuant hereto including, but not limited too, 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. 3 . PAYMENTS TO THE CONSULTANT A. For services provided by the CONSULTANT pursuant to this Agreement , the CONSULTANT shall be reimbursed at the CONSULTANT' S hourly rate of his personnel employed in the Project as set forth in Exhibit B attached hereto and incorporated in this Agreement, with the total amount to be paid to the CONSULTANT pursuant to this Agreement not to exceed $33 , 290 regardless of the actual time expended or the actual costs incurred by the CONSULTANT. B . Invoices will be issued to the City monthly itemizing the staff categories, hours worked, rates and other direct costs associated with the work. Full payment for each task shall not be made until the task is completed and accepted by the Director. 4 . TERMINATION OF AGREEMENT Notwithstanding any other provision hereof, the CITY may terminate this Agreement at any time upon fifteen (15) days prior written notice to the CONSULTANT. In the event that this Agreement is so terminated, the CONSULTANT shall be paid for services actually performed and reimbursable expenses actually incurred prior to termination, except that reimbursement shall not exceed the task amounts set forth under Paragraph 3 above . 5 . TERM This Agreement shall become effective as of the date the CONSULTANT is given a notice to proceed and, unless terminated for cause or pursuant to Section 4 , shall be deemed concluded 2 s � on the date the CITY determines that all of the CONSULTANT ' S work under this agreement is completed. A determination of completion shall not constitute a waiver of any rights or claims which the CITY may have or thereafter acquire with respect to any term or provision of the Agreement . 6 . 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. 7 . 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 administrative, contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party, by reason of any default, fails within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement , the other party may terminate this Agreement . 8 . INDEMNIFICATION To the fullest extent permitted by law, CONSULTANT agrees to and shall indemnify, defend and hold harmless the CITY, its officers, employees, agents, boards and commissions from and against any and all claims, suits, judgments, costs, attorneys fees, damages or other relief, including but not limited to workers compensation claims, in any way resulting from or arising out of negligent actions or omissions of the CONSULTANT in connection herewith, including negligence or omissions of employees or agents of the CONSULTANT arising out of the performance of this Agreement . In the event of any action against the CITY, its officers, employees, agents, boards or commissions, covered by the foregoing duty to indemnify, defend and hold harmless such action shall be defended by legal counsel of the CITY' s choosing. The provisions of this paragraph shall survive the completion and any expiration and/or termination of this agreement . 3 9 . 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 . 10 . INSURANCE A. Comprehensive Liability. The CONSULTANT shall provide, pay for and maintain in effect, during the term of this Agreement, a policy of comprehensive general liability insurance with limits of at least $1 , 000 , 000 aggregate for bodily injury and $1 , 000 , 000 aggregate for property damage . The CONSULTANT shall deliver to the DIRECTOR a 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 10 entitled "Indemnification" shall be provided. 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. 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. 4 11 . NONDISCRIMINATION In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex, age, race, color, creed, national origin, marital status, of the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to, but not be limited to, the following : employment advertising, layoff or termination, rates 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 . 12 . 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. 13 . 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 . Any proposed subcontractor shall require the CITY ' s advanced written approval . 14 . 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 . 15 . 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 5 otherwise unenforceable, all other portions of this Agreement shall remain in full force and effect . 16 . 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 . 17 . 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. 18 . 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 . 19 . NEWS RELEASES The CONSULTANT may not issue any news releases without prior approval from the DIRECTOR, nor will the CONSULTANT make public proposals developed under this Agreement without prior written approval from the DIRECTOR prior to said documentation becoming matters of public record. 20 . COOPERATION WITH OTHER CONSULTANTS The CONSULTANT shall cooperate with any other consultants in the CITY' s employ or any work associated with the PROJECT. 21. INTERFERENCE WITH PUBLIC CONTRACTING The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a result of a violation of 720 ILLS 5/33E et seq. or any similar state or federal statute regarding bid rigging. 6 22 . SEXUAL HARASSMENT As a condition of this contract , the CONSULTANT shall have written sexual harassment policies that include, at a minimum, the following information: A. the illegality of sexual harassment; B . the definition of sexual harassment under state law; C . a description of sexual harassment , utilizing examples; D. the vendor ' s internal complaint process including penalties; E . the legal recourse, investigative and complaint process available through the Illinois Department of Human Rights, and the Illinois Human Rights Commission; F. directions on how to contact the department and commission; G. protection against retaliation as provided by Section 6- 101 of the Human Rights Act . A copy of the policies must be provided to the Department of Human Rights upon request 775 ILCS 5/2-105 . 23 . 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. 24 . 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: Raymond H. Moller Director of Economic Development and Business Services City of Elgin 150 Dexter Court Elgin, Illinois 60120-5555 7 B. As to CONSULTANT : Terracon Consulting Engineers and Scientists 135 Ambassador Drive Naperville, Illinois 60540 Attention: John M. Nardozzi , Senior Project Manager IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the date and year first written above . FOR THE CITY: FOR THE CONSULTANT: By By City Manager Attest : 9 %-C- ke--cu, City Clerk F:\Legal Dept\Agreement\Terracon PSA 520 McBride-502 N Grove.doc 8 Exhibit A Irerracon Consulting Engineers &Scientists July 13, 2004 135 Ambassador Drive Naperville,Illinois 60540 Phone 630.717.4263 Mr. Raymond H. Moller Fax 630.357.9489 Director of Economic Development www.terracon.com City of Elgin 150 Dexter Court Elgin, Illinois 60120 RE: Proposal for Environmental Consulting and Engineering Services Brownfield Redevelopment Initiative — Elgin Lumberyard Sites 520 McBride Street and 502 North Grove Avenue Elgin, Illinois Terracon Proposal No. P040579 Dear Mr. Moller: Terracon Corporation (Terracon) is pleased to submit this proposal to the City of Elgin to provide professional environmental consulting services related to the redevelopment of the Elgin Lumber Yard at 520 McBride Street and Former Lumber Yard Site at 502 North Grove Avenue in Elgin, Illinois. This submittal is in response to your Request for Proposal (RFP) dated July 1, 2004. At Terracon, we understand that a successful site redevelopment project requires strong leadership, solid technical experience and vision. To facilitate the redevelopment project, Terracon will assign Mr. John Nardozzi, P.E. and Eric Powley as key members of the project team to coordinate and direct the services. Both individuals have experience conducting the specific scope of work on similar sites within the City of Elgin. The team will also include key technical personnel from Terracon who bring extensive experience on other site redevelopment programs, both locally and nationally. Terracon brings to the City of Elgin successful hands-on Brownfields and site redevelopment experience. Our firm has been engaged in the EPA Brownfields Pilot program since its inception and has assisted numerous municipalities in obtaining grant funds and then continued to provide services to successfully complete the projects. Our focus has been on meeting our client's redevelopment goals — returning properties to a useful purpose, driving economic development, and obtaining No Further Remediation (NFR) letters. Terracon's management is committed to this important opportunity and continued development of a strong relationship with the City of Elgin. Our team of dedicated professionals will work hard to ensure the success of this project. Our offer is guided by a company philosophy based on providing high quality professional services at a value-oriented cost. Delivering Success for Clients and Employees Since 1965 More Than 60 Offices Nationwide Mr. Raymond H. Moller 1rerracon City of Elgin July 13, 2004 Page 2 Terracon looks forward to working with the City of Elgin and Vandewalle & Associates to launch this project and perform the environmental services using an approach that will drive the site towards the City's ultimate goal of redeveloping the Fox River Corridor as an upscale residential and mixed use development. We stand ready to implement a cost-effective project and will seek out opportunities to minimize environmental clean up costs to allow the City to maximize its return on its redevelopment investment. If you have any questions or require clarification of this proposal, please contact the undersigned at (630) 717-4263. Sincerely, Terracon Eric R. Powley John M. Nardozzi, P.E. Project Manager Senior Project Manager Aa�llr William B. Thayer, P.E. Associate Principal Office Manger cc: Erin Ganser- Vandewalle & Associates City of Elgin Elgin Lumberyard Sites 1rerracon Terracon Proposal No. P040579 July 13, 2004 ,-XG,t 6;+ A 3.0 SCOPE OF WORK Work on the two Elgin Lumberyard sites (520 McBride Street and 502 North Grove Avenue) was initiated in May 2002. Work completed to date includes the Phase I Environmental Assessments, File Review, Site Investigation and Site Investigation Reports. The Site Investigation Reports were submitted to the Illinois Environmental Protection Agency (IEPA) for review for both sites. (EPA's SRP project manager reviewed and commented on the reports and work plan for supplemental site investigation. The following table lists the submitted reports and correspondence from the IEPA to date: Elgin Lumber Yard (520 McBride Street) Former Lumber Yard (502 North Grove Ave.) Correspondence Date Correspondence Date Phase I ESA 2002 Phase I ESA 2002 Site Investigation November 2002 Site Investigation November 2002 Report (ENSR) Report (ENSR) IEPA Response Letter May 14, 2003 IEPA Response Letter May 27, 2003 Draft Response to August 26, 2003 Draft Response to IEPA August 26, 2003 IEPA Comments Comments (ENSR) (ENSR) Final Additional March 12, 2004 Final Additional March 12, 2004 Response to IEPA Response to IEPA Comments (ENSR) Comments (ENSR) IEPA Response Letter March 24, 2004 IEPA Response Letter March 29, 2004 Terracon personnel are intimately familiar with all of the project documentation submitted through January 2003. In preparation of this proposal Terracon has reviewed all recent correspondence between the City and IEPA. Terracon will not need to devote project resources or expend grant funds to resume project activity. Terracon's anticipated scope of service to facilitate redevelopment of the Elgin Lumberyard sites encompasses the following tasks: 3.1 Task 1 — Supplemental Site Investigation Based on IEPA review comments on the previously submitted Site Investigation Report and additional submitted information, Terracon has developed a work plan to complete site investigation activities at the 520 McBride and 502 North Grove Avenue Sites. Terracon will 9 City of Elgin 1rerracon Elgin Lumberyard Sites Terracon Proposal No. P040579 July 13, 2004 perform supplemental investigation activities to delineate and define the horizontal and vertical extent of contamination at both parcels. We plan to perform additional surface soil samples and groundwater samples for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), pesticides, PCBs, lead, SPLP lead, priority pollutant metals and pH. Table A (520 McBride site) and Table B (502 N. Grove site) summarize the proposed Geoprobe boring quantities, sample collection depths and laboratory analyses. It is important to note that the Supplemental Investigation Work Plan submitted to IEPA (ENSR, March 12, 2004) did not fully satisfy the requirements of the SRP project manager. Terracon has accounted for additional work requested by IEPA in its review letters dated March 24, 2004 (520 McBride) and March 29, 2004 (502 N. Grove). In developing our proposed scope or work, Terracon has included additional investigation parameters based on these IEPA response letters. Our approach is designed to be responsive to (EPA's comments and concerns so that the site investigation phase can be completed as quickly and efficiently as possible. 1A -Work Plan An updated work plan will be developed to investigate the properties to add the additional items to the Supplemental Investigation Work Plan. The work plan will be developed in accordance with the Illinois SRP requirements and will identify sampling procedures, laboratory analytical methods, and quality control methods for the work. In addition, a site- specific Health and Safety Plan (HASP) will be prepared to conduct the field investigation activities. The HASP will be used by Terracon field personnel to guide drilling and sampling activities. The HASP will provide a list of emergency telephone numbers and directions to the nearest medical facility in the event of an accident. In general, Terracon will develop the work plan to pursue a Comprehensive (as compared to Focused) Site Investigation. A comprehensive site investigation will lead to a No Further Remediation (NFR) letter that is the least restrictive in terms of site conditions and/or limitations. A comprehensive site investigation is generally beneficial in situations where the site use will change from industrial to residential. Appendix B provides an overview of the Illinois SRP and discusses the key distinctions between a Comprehensive and Focused site investigation. 1 B - Soil and Groundwater Assessment Terracon will utilize generally accepted environmental sampling procedures to assess current site conditions including advancement of soil borings and installation of groundwater monitoring wells. For the soil investigation, GeoProbe sampling will be conducted as a means of maximizing the production rate of field sampling activity. Terracon also recommends that, in 10 Table A Supplemental Soil/Groundwater Sample Analysis Plan 520 McBride Street City of Elgin -Brownfields Redevelopment Grant Program Soil Samples vocs SVOCs Lead 13 PP Metals SPLP Lead pH Pest./PCB IEPATACO/BRG 8260B 8270C 6010 6010A/7470A 601OB17470A 9040/9045 8081AIS082 AOC 1 LYB-13(0-2;4-6) 2 2 TBD 2 2 LYB-14(0-2;4-6) 2 2 2 TBD 2 2 LYB-15(0-2;4-6) 2 2 TBD 2 AOC 2 LYB-16(0-2;4-6) 2 AOC 3 LYB-17(0-2;4-6) 2 2 LYB-18(0-2;4-6) 2 2 TBD 2 LYB-26(field det.) 1 1 AOC 4 LYB-19(0-2;4.6) 2 1 (pest.only) LYB-20(0-2;4-6) 2 2 1 (pest.only) AOC 5 LYB-21(0-2;4-6) 2 LYB-22(0-2;4-6) 2 2 TBD 2 LYB-23(0-2;4-6) 2 2 2 TBD 2 2 AOC 6(Westemmost Storage Building) LYB-24(field det.) 1 1 LYB-25(field det.) 1 1 Groundwater Samples IEPA TACO/BRG MW-1 1 MW-3 1 MW-4 1 MW-5 new 1 TOTAL 11 29 2 10 3 12 8 NOTE:Red highlighted sample locations and analyses reflect work scope items that are added in response to the IEPA comment letter dated March 24,2004. TBD-To be determined-Three samples with the highest total lead results will also be analyzed for lead by the Synthetic Leaching Procedure(SPLP). Samples will be selected based on Terracon's evaluation of the analytical results from the total metals analysis. Proposal No.P040579 Terracon Table B Supplemental Soil Sample Analysis Plan 502 N. Grove Avenue City of Elgin - Brownfields Redevelopment Grant Program Soil Samples SVOCs Lead SPLP Lead pH IEPA TACO/BRG 8270C 6010 601013/7470A 9040/9045 AOC 1 FLB-7 (0-2; 8-10) 2 2 TBD 2 FLB-8 (0-2; 8-10) 2 2 TBD 2 FLB-9 (0-2; 8-10) 2 2 TBD 2 FLB-10 (0-2; 8-10) 2 2 TBD 2 TOTAL 8 8 1 8 TBD -To be determined -Three samples with the highest total lead results will also be analyzed for lead by the Synthetic Leaching Procedure (SPLP). Samples will be selected based on Terracon's evaluation of the analytical results from the total metals analysis. Proposal No. P040579 Terracon City of Elgin Irerracon Elgin Lumberyard Sites Terracon Proposal No. P040579 July 13, 2004 most locations, both the upper layer of soil (0 to 3 feet) and the subsurface soils (below 3 feet) be independently characterized. By analyzing the upper 3-foot soil interval, the ability to utilize engineered barriers to exclude the exposure route to the surficial soils is readily demonstrated. Based on the approved Supplemental Site Investigation Work Plan and the IEPA response comments, Terracon has based its cost proposal on completing fourteen (14) additional borings at the 520 McBride Street site and four (4) borings at the 502 N. Grove Avenue site. Analytical will be performed for volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs), priority pollutant metals (13), pesticides/PCBs, lead and SPLP lead. Additional assessment of groundwater conditions is necessary based on the IEPA response comments to the Supplemental Site Investigation Work Plan. To address the IEPA comments, Terracon proposes to install one additional well on the 520 McBride Street site. The newly constructed monitoring well and three existing monitoring wells will be sampled for the presence of SVOCs to satisfy the IEPA's comments. To obtain the most complete picture of the groundwater conditions within the entire Northern Housing Redevelopment Area, Terracon will also consider using existing groundwater data and information from the adjacent Elgin Salvage Yard site to complement the subject site data. Standard site characterization methods and field procedures will include: • Notification of JULIE, the utility locating service, to identify utilities at the site prior to initiating drilling activities. Terracon will also consult with other knowledgeable parties, who may have information regarding private on-site utilities, if available. • Soil screening protocols will include use of a photoionization detector (PID) combined with olfactory and visual screening to select subsurface soil samples. • Soil cuttings generated during GeoProbe sampling will be returned to the boreholes to minimize waste disposal costs. For monitoring well installation, soils and purge water will be containerized and disposed of on a unit cost basis. • Analytical methods will be in accordance with SW-846 methods; all analytical work will be performed by an accredited laboratory. • Terracon expects to utilize Level D personal protective equipment when conducting field investigation work. 11 City of Elgin 1rerracon Elgin Lumberyard Sites Terracon Proposal No. P040579 July 13, 2004 1 C — Supplemental Site Investigation Report Terracon will prepare a Supplemental Site Investigation Report (SIR) to address recognized environmental conditions and assess the constituents of concern that are identified during the site investigation activities. The SIR will describe field methods and procedures implemented along with analytical results from soil and groundwater samples in order to characterize the lateral and horizontal extent of contamination at the site. The SIR will be prepared in a manner consistent with the SRP regulations (35 III. Adm. Code Part 740). As part of the SIR, analytical data will be compared to TACO Tier 1 soil remediation objectives to complete a Tier 1 screening. The screening will indicate areas of the site that exceed residential clean up standards and highlight those areas where additional assessment by a Tier 2 TACO assessment may be beneficial. 3.2 Task 2 - Remediation Objectives Report/Remedial Action Plan Based on the results of the site investigation activities, Terracon will determine applicable remediation objectives (ROs) for the 520 McBribe Street site and the 502 N. Grove Avenue site. The development of ROs will be based on the Tiered Approach to Corrective Action Objectives (TACO) regulations (35 III. Adm. Code Part 742). Further, with the understanding that the parcels will be redeveloped for residential use, Terracon will focus on developing remediation objectives consistent with residential standards. Assuming that there are exceedances of the TACO Tier 1 residential ROs, Terracon will apply the techniques available within TACO to allow for development of improved site specific clean up objectives. The specific options that will be appropriate to the site cannot be determined at this time, but based on significant experience with similar projects, the following avenues will be considered for application at this site: • Calculation of site-specific remediation objectives using a Tier 2 evaluation. Typically this would apply to the soil component exposure route and/or the determination of groundwater conditions at the site property boundary. • Use of area background concentrations as screening tools or as direct remediation objectives. Terracon is in communication with the IEPA regarding emerging new enhancements to TACO that allow the use of published background studies to permit higher residual PNA concentrations and reduce soil remediation efforts. This new approach provides a potential significant cost-saving strategy based on the results of the site investigation for the adjacent property which identified widespread PNA contamination • Groundwater use restrictions to exclude the groundwater exposure pathway. 12 City of Elgin Irerracon Elgin Lumberyard Sites Terracon Proposal No. P040579 July 13, 2004 • Engineered barriers to prevent exposure to impacted soils through the soil ingestion and soil inhalation exposure pathways. Engineered barriers may include a variety of elements that can be integrated into the proposed redevelopment plan. For example, asphalt parking lots, building foundation slabs, clean soil cover, or other impervious structures may be utilized that will have no impact on remediation costs as they would be a necessary element of the desired redevelopment plan. The Remedial Action Plan (RAP) presents the proposed solutions to the environmental issues associated with the site. Terracon will focus the RAP to be as specific as possible based on the degree of development of the redevelopment plan. For example, if the location and or arrangement of buildings and parking lots are determined, Terracon will make use of these elements to the maximum extent possible in devising the RAP. This approach was successfully utilized by Terracon at both the Townhome Redevelopment Site and 35 Ann Street Site where proposed asphalt parking lots were used as engineered barriers to limit the amount of soil remediation necessary. If soil remediation is determined to be required, Terracon will evaluate various alternatives for site remediation and prepare the RAP based on the most appropriate method consistent with the proposed residential site development. For estimation of the project cost, Terracon has assumed that the RAP will be based on an outcome that involves soil excavation and disposal and some combination of engineered barriers. The proposed cost for RAP services excludes detailed design specifications for bidding of remedial services to contractors and does not include implementation of other potential remedial techniques such as in-situ remediation, or thermal treatment. 3.3 Task 3 — BRG/SRP Coordination/Project Management Terracon's proposed base scope of services include submittal of the reports and documents discussed herein (Supplemental SIR, ROR and RAP) to the SRP project manager with prompt follow up to expedite regulatory review and approval. It is assumed that the City will directly pay the SRP enrollment fees and review costs. To facilitate and expedite the work, Terracon will be in regular communication with City and Vandewalle personnel to ensure that the environmental aspects of the project are coordinated with other development plans. Terracon will attend two meetings with the City during the course of the project to facilitate such communication. 13 City of Elgin 1rerracon Elgin Lumberyard Sites Terracon Proposal No. P040579 July 13, 2004 In addition, Terrracon will assist the City and its planning firm (Vandewalle & Associates) with the preparation of one initial grant amendment which will be used to update the BRG grant to reflect Terracon personnel and the modifications to the grant that may be necessary to secure grant funding to conduct the supplemental site investigation work proposed herein. Future grant amendments, if necessary, or other grant administration efforts are not included in the cost estimate. General project management activities will include review and tracking of project costs against the budget, maintenance of the project schedule, and assignment of personnel to specific tasks. As part of this task, the Terracon Project Manager will prepare timely invoices and keep the City informed of its progress regarding expenditure of the budget. If additional work items are identified that are not within the proposed scope of services, Terracon will bring these items to the attention of the City in advance for their consideration of a change order. 3.4 Future Scope Items Upon approval of the SIR, ROR and RAP, Terracon is prepared to conduct additional services to assist in the City with the redevelopment program. As generally outlined in the RFP (Tasks 4 through 7), these services will include, but not necessarily be limited to: • Prepare bidding specifications and/or design packages for remediation work; • Conduct or coordinate any required remediation activities on the sites; • Prepare and obtain SRP approval of a Remedial Action Completion report • Facilitate receipt of and review the draft and final No Further Remediation letter(s); and • Assist in the preparation of BRG grant related documents, including quarterly and final progress reports, grant amendments, and cost reimbursement packages. In addition, Terracon notes the following work items that may be beneficial in the future to facilitate site redevelopment: • Asbestos survey and abatement design — to allow demolition of the existing structures on- site to be demolished in accordance with applicable regulations; • Geotechnical exploration, if desired, to assess the sites' ability to support foundations for new structures; and • Demolition design and oversight—to remove the existing structures when appropriate. The above items are not included at the present time in Terracon's cost proposal. Specific scopes of work and cost estimates for these services will be provided when the work elements and the City's needs and timing are more clearly defined. 14 Table 1 Summary of Planned Site Investigation Activities 520 McBride&502 North Grove City of Elgin -Brownfields Redevelopment Grant Program Task Scope Item Site 1 Site 2 520 McBride Street 502 N.Grove Avenue Elgin Lumber Yard Former Lumber Yard Site 100 Supplemental Site Investigation A. Soil Assessment Soil Borings-Geoprobe Rig 14 borings to 8 ft.bgs 4 borings to 10 ft.bgs Soil Samples 11 at 0 to 2 ft;11 at depth;3 4 at 0 to 2 ft;4 at depth TBD Analytical Testing VOCs(Method 8260) 11 0 SVOCs(Method 8270) 25 8 Priority Pollutant Metals 10 0 Pesticides 2 0 PCBs 6 0 Lead 2 8 SPLP Lead 3 1 pH-Soil 12 8 B. Groundwater Assessment Monitoring Wells 1-2-inch dia.wells x 16 ft.; No new well proposed PVC construction;flush mtd. Analytical Testing SVOCs(Method 8270) 4 0 Well Elevation Survey Yes Yes C. Supplemental SIR Report Prepare Supplemental SIR Prepare Supplemental SIR report per requirements of report per requirements of Illinois SRP Illinois SRP 200 Remediation Objectives Report and Prepare combined ROR/RAP Prepare combined ROR/RAP Remedial Action Plan per SRP requirements per SRP requirements 300 BRG/SRP Coordination/Project Assist with preparation of one BRG amendment,attend 2 project Management meetings,regulatory interface with SRP. Proposal No.P040579 1 Terracon Table 2 Task Summary 520 McBride&502 North Grove City of Elgin-Brownfields Redevelopment Grant Program Task No. Description Task 100 Subtotals Estimated Level of Effort Budget Hours Amount 100 Supplemental Site Investigation-Soil and Groundwater Assessment Terracon labor $3,960 48 $19,770 Geoprobe Investigation and Field Supplies $3,420 Analytical Testing(Table A and Table B) $12,390 200 Remedial Objectives and Remedial Action Plan 106 $9,460 300 BRG/SRP Coordination/Project Managenment 38 $4,060 Total Estimated Hours 192 Total Estimated Budget $33,290 Proposal No.P040579 1 Terracon Exhibit B TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2004 PERSONNEL Labor Category Billing Rate A. Professional Staff 1. Staff Professional $75.00 2. Senior Staff Professional $85.00 3. Project Professional $100.00 4. Senior Project Manager/Professional $130.00 5. Principal $140.00 6. Expert Witness $200.00 B. Technician Staff 1. Technician $45.00 2. Remedial Specialist $65.00 C. Support Staff 1. Clerical $35.00 2. CADD Tech 1 $45.00 3. CADD Tech II $60.00 Note: Hourly rates will be increased by a multiple of 1.3 for Saturday, Sunday and holiday work or off shift work when required by client or for emergency response with less than 36 hour notice. EXPENSES AND SUPPLIES Vehicle Charge (local area, within 25 miles of office) $50.00 /day Vehicle Charge (local area, within 25 miles of office, less than 4 $30.00 /1/2 day hours) Vehicle Charge (outside local area) $0.45 /mile Per Diem, Lodging and Food Minimum of $85.00 /day Miscellaneous charges, including analytical laboratory tests, Cost+15% shipping charges, rental equipment, outside labor, public transportation, materials, or other contracted services Proposal No. P040579 1 Terracon Agenda Item No. . City of Elgin September 17, 2004 TO: Mayor and Members of the City Council FROM: David M. Dorgan, City Manager ECONOMIC GROWTH Raymond H. Moller, Director of Enomic Development SUBJECT: Brownfield Environmental Consulting Services at 520 McBride Street and 502 N. Grove Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to award an environmental consulting service contract for services at 520 McBride Street and 502 N. Grove Avenue. RECOMMENDATION It is recommended that the City Council authorize an agreement with Terracon, Inc. in the amount of$33,290 for environmental consulting services. BACKGROUND On January 23, 2002, the City Council entered into a Brownfield Redevelopment Grant agreement with the Illinois Environmental Protection Agency (IEPA) for properties located at 520 McBride Street and 502 N. Grove Avenue. The elements of the grant called for the City's environmental consultant to perform the following tasks: 1) Prepare a Phase I report 2) Review prior environmental data 3) Investigate the two sites and prepare a report 4) Conduct a ground water assessment 5) Prepare a Remediation Objectives Report 6) Prepare a Remedial Action Plan 7) Coordinate and meet with the IEPA The total amount of the IEPA Brownfield project was $133,950. The IEPA agreed to fund $91,672. The remaining $42,278 was the City's responsibility. Included in the total project cost of$133,950 was a contract with ENSR for $98,426. The contract with ENSR was authorized on July 11, 2001. The scope of services for the contract is completed as required, with the exception of developing the Remedial Objectives Report and Remedial Action Plan. CMO-Brownfields 520 McBride & 502 N. Grove September 17, 2004 Page 2 The IEPA has reviewed the documentation provided by ENSR under the site investigation process. On two occasions, the IEPA has requested additional information and investigation from ENSR in order to complete the investigation. A total of$15,992 remains under the original agreement with ENSR. This amount is not sufficient to cover the cost proposed by ENSR in its original scope of services of$16,677 to prepare the ROR and RAP. In addition, an amendment to this contract would be required to cover the costs associated with the required additional testing requested by the IEPA. In October of 2003, ENSR proposed to conduct additional site investigation services at 520 McBride and 502 N. Grove for $36,100. Thus, the total cost of additional investigation; the Remedial Action Plan and the Remediation Objectives Report service would be $52,092. In July of 2004, City staff issued an RFP for the Brownfield Redevelopment Project at 520 McBride Street and 502 N. Grove Avenue. The purpose of the RFP was to determine if the additional work requested by the IEPA could be secured at a lower cost. The RFP called for the successful,respondent to perform the following tasks: 1) Coordinate the remediation activities with proposed residential redevelopment in the area 2) Respond to review comments from the IEPA regarding the Site Investigation Report, the Remediation Objectives Report and the Remedial Action Plan 3) Secure final approval of the Site Remediation Plan; approval of the Remedial Objectives Report and the Remedial Action Plans. At a later date, an environmental consultant will be required to perform the following tasks: 1) Conduct and coordinate required remediation 2) Prepare and submit a Remedial Action Completion Report 3) Facilitate receipt of a No Further Remediation letter 4) Prepare any necessary grant amendments relating to the IEPA Brownfield Redevelopment grant Responses to the Brownfield Redevelopment. RFP were solicited from four qualified environmental consultants. The firms solicited were: Patrick Engineering, V3 Consultants, Terracon, Inc. and Pioneer Engineering & Environmental Services. All four firms responded to the RFP. A review team consisting of Ray Moller and Steve Bone (City of Elgin); Erin Ganser (Vandewalle Consultants) reviewed the submittals and has concluded that Terracon, Inc. is the most qualified firm to perform the services requested. The recommendation is based on knowledge of the environmental conditions in the area of the residential redevelopment area as well as the price bid for this specific project. Terracon, Inc. is currently providing environmental remediation services related to the Elgin Salvage yard site. CMO-Brownfields 520 McBride & 502 N. Grove September 17, 2004 Page 3 The quotes submitted by the four consulting firms were as follows: 1) Terracon $33,290 2) Pioneer $58,898 3) V3 $95,784 4) Patrick Engineering $91,855 5) ENSR(10-23-03) $52,092 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost for the Terracon, Inc. contract for environmental services is $33,290. The budget for North Kimball/Grove Remediation (project number 039527) is $235,000. To date, $157,908 has been spent or encumbered from the Riverboat Fund (account number 275-0000-791.92-35). Following the approval of this contract, approximately $43,800 will be available for the North Kimball/Grove environmental remediation services. EGAL IMPACT A professional services agreement with Terracon, Inc. would be required. ALTERNATIVES 1. Authorize an agreement with Terracon, Inc. for Brownfield environmental services in the amount of$33,290. 2. Choose not to enter into an agreement with Terracon, Inc. Respectfully submitted for Council consideration. RHM:cf f