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HomeMy WebLinkAbout6B(6) Resolution No. 2698~ ~(6) Community & Economic Development 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235- 9021 To: Redevelopment Commission and Board of Public Works From: Ann Kolata Subject: Addendum to Master Agency Agreement -Phase II Environmental Site Assessment at Oliver Industrial Park Date: June 15, 2010 Resolution Number 2698 amends the Master Agency Agreement (Agreement) between the Redevelopment Commission and the Board of Public Works by adding the Phase II Environmental Site Assessment at Oliver Industrial Park to the Agreement. The attached proposal from Hull & Associates includes soil sampling (up to 103 samples), analysis of analytical data from the soils sampling and preparation of a report, and preparation of a Revised Remediation Work Plan for the Voluntary Remediation Program (VRP #6001202 - Area C Soils). The professional services described in Hull's proposal have a not to exceed cost of $76,230. We are working closely with the Indiana Department of Environmental Management to complete our participation in the Voluntary Remediation Program and this soil sampling is necessary to be able to submit our Revised Remediation Work Plan to them. We have told IDEM that we would submit this Revised Remediation Work Plan by July 30t1i. Please contact me at 235-9374 or akolata~southbendin.~ if you have any questions. RESOLUTION NO. 2698 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Phase II Environmental Site Assessment at Oliver Industrial Park) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission") and the South Bend Board of Public Works (the "BPW'") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Phase II Environmental Site Assessment at Oliver Industrial Park to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Phase II Environmental Site Assessment at Oliver Industrial Park) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the Connnission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on June 18, 2010, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Phase II Environmental Site Assessment at Oliver Industrial Park) phis Addendum to Master Agency Agreement (this "Addendum-'), made and entered into as of the 28th day of June, 2010, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission") and the City of South Bend. Indiana. a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW"') for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Phase II Environmental Site Assessment at Oliver Industrial Park (the "Project") WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Phase II Environmental Site Assessment at Oliver Industrial Park to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement. to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more speciticall; described in "Exhibit A", attached hereto and made a part hereof. 2. All of the teens and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendwn to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Rede~~elopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gar~~ Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Fxhihit `~A" Phase II Environmental Site Assessment at Oliver Industrial Park Project: Additional Soil Sampling at Redevelopment Commission owned land in the Oliver Indush•ial Park, analysis of analytical data from the soils sampling and preparation of a report, preparation of a Revised Remediation Work Plan for the Voluntary Remediation Program - VRP #6001202 (Area C Soils) The projected budget for these Phase II activities is not to exceed $76,230 and will be funded through the Airport Economic Development Area Tax Increment Finance Budget. Hull June 15, 2010 Ms. Ann Kolata Senior Redevelopment Specialist City of South Bend Department of Community & Economic Development 227 West Jefferson Blvd, 12th Floor South Bend, Indiana 46601 RE: Scope of Work and Cost Estimate for Phase II Environmental Site Assessment (ESA) Activities at Oliver Industrial Park Located in South Bend, Indiana (the Site); SB1061.400.0001 Dear Ms. Kolata: Hull & Associates, Inc. (Hull) is pleased to present the City of South Bend (Client) the following proposal to provide professional engineering services for the above referenced project. The purpose of this document is to establish the Scope of Work as we understand it and to provide a fee schedule for the project. Additional Phase II ESA General Hull proposes to conduct additional Phase II ESA Activities at the Site to evaluate: Areas of the remaining undeveloped, City-owned parcels at the Site; namely the parcel(s) southwest of Oliver Plow Court, and the parcel(s) generally north and northeast of Oliver Plow Court where prior areas of recognized environmental conditions (RECs) have not been adequately delineated; and 2. The vertical and horizontal distribution of chemicals of concern (COCs) in surface and subsurface soils where the Indiana Department of Environmental Management (IDEM) 1996 Voluntary Remediation Program (VRP) Nonresidential Tier II Cleanup Goals are exceeded at certain historical sampling locations. Based on the Phase I ESA, Phase II ESA, and Phase III remedial activities completed to date, several areas of the Site require additional assessment activities toward the end of preparing a VRP Remediation Work Plan for the Site. Those areas were generally described in a prior Remediation Work Plan prepared for the Site (including parcels no longer owned by the City) by Hull in April 2004. The areas that apply to the proposed additional Phase II ESA activities at the remaining parcels are further described below. The number of soil borings proposed in each area is also included in the descriptions below. Area 1 -This area is located in the southwest corner of the Site and is directly north of MW-1. Two 10,000-gallon quench oil underground storage tanks (USTs), a drum storage area north of the old oil pump house, and two former fuel oil USTs were formerly located 6435 Castleway West Drive, Suite 119 • Indianapolis, Indiana 46250 800.241.7173 fax 614.793.9070 www.hullinc.com Ms. Ann Kolata June 15, 2010 SB1061.400.0001 Page 2 in this area. In addition, this area contained two USTs that were encountered and removed during demolition activities. Potential COCs include volatile organic compounds (VOCS), semivolatile organic compounds (SVOCs), polychlorinated chlorinated biphenyls (PCBs) and metals. Soils were previously sampled in this area on a limited basis; seven soil borings are proposed. Area 4 -This area was the location of the gray iron foundry. A review of Sanborn maps indicates that the floor for the foundry was initially earthen. Potential COCs are metals. Soils were previously sampled in this area on a limited basis; two additional borings are proposed. Area 6 -This area was formerly occupied by two buildings and most recently found to have been used as a hazardous waste storage area (on the northern portion of the former building #20). Furthermore, a machine shop was located in Building #20. A UST was also noted on the southeast side of this area. Potential COCs include VOCS, SVOCs, PCBs and metals. Five additional borings are proposed. Area 7 -This area includes Building #30, a former paint shop, and a courtyard bounded by building #s 30, 31 and 33. A Japanning building once occupied the courtyard. Investigations in this area indicated SVOCs above Tier II nonresidential cleanup goals. An additional eight soil borings are proposed (four each in the vicinity of HGB-15 and HGB-18) to delineate SVOCs. Area 10 -This area contained a 500,000-gallon water retention pond used for fire protection purposes and Building #31. Soil samples from MW-8 and HGB-19 were found to contain lead and/or benzo(a)pyrene at concentrations exceeding their respective VRP Tier II nonresidential cleanup goals. An additional seven soil borings are proposed to delineate SVOCs and metals. Area 11 -This area is the former location of the administration buildings for Oliver Plow in the northeast portion of the Site. The subsurface contained building debris and other demolition material prior to Phase II demolition activities. Sample results in this area indicate low levels of SVOCs below the VRP Tier II nonresidential cleanup goals. An additional two soil borings are proposed to further evaluate the potential presence of SVOCs and metals. Area 12 -This area is located in the southwest portion of the Site and was the former location of coke storage piles. In addition, this area formerly had PCB-containing transformers. Potential COCs include SVOCs, PCBs and metals. Five soil borings are proposed to evaluate that residual COCs do not remain. Area 13 -This area is located in the southwest portion of Building #41A and is the location of a Former Quench Oil Pit. Potential COCs include SVOCs and metals. Two soil borings are proposed. Area 14 -This area includes the former railroad tracks along the west side of buildings 35B and 41A that were located on the Site. Potential COCs include SVOCs and metals. Three soil borings are proposed. Ms. Ann Kolata June 15, 2010 SB1061.400.0001 Page 3 Area 15 -This area is located in the north central portion of Building #41A and is the location of former PCB-containing transformers and quench oil pits. Potential COCs include SVOCs and PCBs. Four soil borings are proposed. Area 20 -This area is located in the western portion of the Site to the west of Building #35 in the area of a former loading dock, as well as within the footprint of Building #356. During demolition activities, discolored soils were encountered in this area. Potential COCs include metals. Six soil borings are proposed. Building 46 -When this former building, located in the southwestern-most portion of the Site, was demolished solvents and paint waste were discovered. Although portions of soil and waste were removed from the Site and properly disposed, COCs including SVOCs, VOCs, and metals may remain at the Site. Three soil borings are proposed. Specific Scope of Phase 11 Work Hull proposes to perform the following tasks to address the objectives of the Phase II ESA, as described below: Task 1 Historical Data Review and Compilation; Generation of Phase II ESA Scope of Work and Health 8 Safety Plan; Project Management Hull has reviewed historical documentation to develop this Scope of Work and clarified certain data with Grauvogel & Associates, the City's contractor charged with oversight of environmental matters during demolition activities at the Site. Hull will also generate aSite-specific Health & Safety Plan that will be followed during implementation of the Phase II ESA Scope of Work. This task also includes project management duties including coordination with the laboratory and drilling subcontractors. Task 2 Intrusive Phase II Investigation of Soil The primary elements of the intrusive investigation include: direct-push soil borings to anticipated depths of approximately 4 to 20 ft. below ground surface (bgs); 2. analysis of one surface sample and, as applicable, one subsurface soil sample per soil boring -collected using adirect-push drilling rig -and to be tested for: • up to 99 samples collected at 42 soil borings, including quality assurance/quality control (QA/QC) samples, for Resource Conservation and Recovery Act metals using Method SW 846 6010/7000; • up to 48 samples collected at 15 soil borings, including QA/QC samples, for VOCs using Indiana Modified Method 5035; • up to 103 samples collected at 44 soil borings, including QA/QC samples, for SVOCs using Method SW846 8270/8270 SIM; and • up to 46 samples collected at 38 soil borings, including QA/QC samples, for PCBs using Method SW846 8081. Please note that Hull will collect and submit subsurface soil samples to the Ms. Ann Kolata June 15, 2010 SB1061.400.0001 Page 4 laboratory, but will request that the samples be held for potential analysis pending receipt of results for surface soil samples. Should the results of surface soil analyses not warrant the analysis of the subsurface soil samples at certain locations, the laboratory will be directed to discard the samples. Note that laboratory analyses of surface soil samples only would result in a savings of approximately $15,000. Soil Sampling Procedures Soil sampling will be conducted using adirect-push unit. Hull's field representative will screen samples using a photoionization detector (PID). The driller will be required to decontaminate all down-hole equipment between sampling depths using a non-phosphatic detergent (e.g., Liquinox) and rinsing with distilled water. Soil samples will be selected based on Hull's field observations. In general, those samples exhibiting the highest PID readings or other evidence of impact will be selected for chemical analysis. In addition, a second (deeper) soil sample may be selected and submitted to the laboratory to evaluate the vertical extent of contamination. If samples in a given boring exhibit little variation in the degree of apparent contamination, Hull's field representative may preferentially select the surface sample (i.e. 0 to 2 ft. bgs) for analysis. Unused samples will be placed in a Department of Transportation-approved 55-gallon drum. The driller will decommission the borings by filling the boreholes with bentonite chips. Task 3 Report Upon receiving analytical data from the laboratory, Hull will prepare a brief summary report to document field activities and findings of the Phase II evaluation. The report will include the following: a narrative describing the Site, including a summary of work completed; 2. a summary of data collection activities and rationale for sampling locations and frequencies; a comparison of chemical analytical data to VRP standards; 4. a description of the physical and chemical characteristics of the subsurface materials encountered; 5. a bibliography of references; 6. other supporting information that present data and/or conclusions (e.g., drilling logs, tables, etc.); and 7. recommendations for further activities. Upon completion of the Initial Phase II investigation activities one draft copy of the report will be submitted. Three copies of the final report will be prepared upon approval of the City. Task 4 Preparation of Revised Remediation Work Plan Ms. Ann Kolata June 15, 2010 SB1061.400.0001 Page 5 Hull will prepare a revised Remediation Work Plan (RWP) in accordance with IDEM VRP requirements. The revised RWP will incorporate all historical data, including documentation generated during demolition and remediation activities, and will appropriately address IDEM's comments to the previous RWP in IDEM's letter dated September 28, 2004. This task assumes that generation of VRP Tier III non-default cleanup goals is not necessary. SCHEDULE Hull will enter into the Phase II ESA investigation within two weeks of receiving authorization to proceed by the City. Hull anticipates that field activities will be completed in one to two weeks. Based on standard turnaround times, Hull will receive chemical analytical results from the laboratory within two weeks of completing fieldwork. Null will prepare a summarization of data within one week of receiving final analytical reports and a draft report within two weeks of completing the data summary. Hull understands that the City's deadline to submit a revised Remediation Work Plan to the City is July 30, 2010, and will endeavor to meet that deadline by compressing these timelines where possible. COMPENSATION A breakdown of costs is presented in Table 1 (Attachment B), which describes anot-to-exceed amount for the project of $76,230 for the Phase II Site Assessment Activities. The fees have been developed based on our estimate of hours for each labor category expected to be involved in the project. The rates used to calculate compensation for each labor category are within the ranges presented in Table 2 (Attachment B). Actual rates and hours expended for each category may vary based on project personnel used. Additionally, personnel in labor categories not included in Table 1 or Table 2 may be used. The Client will be billed for actual labor hours and other project costs with the total project cost not to exceed that shown in Table 1, unless additional work is required as discussed below. If agreed upon, subcontractors (e.g., drilling and chemical analyses) will bill directly to the Client and Hull would review and, if applicable, recommend approval of the contractor's invoice. If subcontractor's fees are included on Hull's invoices, the subcontractor's fees will be billed as described in Table 2, Note 7. The project will be billed on a four-week basis with payment due to Hull within thirty days after receipt of an invoice. ADDITIONAL WORK Additional work beyond the Scope of Work defined herein shall not be performed until such time as an amendment to this proposal, including the scope of the additional work and associated costs, has been prepared in writing to address the additional work and said amendment has been approved by the Client in writing. Specific items not within the Scope of Work on this project include, but are not limited to the following: collection and analysis of more than 103 soil samples, including QA/QC samples for chemical analysis; calculation of VRP Tier II Cleanup Goals as part of the Remediation Work Plan; Ms. Ann Kolata June 15, 2010 SB1061.400.0001 Page 6 and 3. communication with regulatory agencies regarding the Site. No amendment to this proposal shall be required in situations where additional work may be necessary, as a result of unanticipated or unidentified conditions including, but not limited to, the presence of unidentified or mislocated buried utilities, structures, or objects and unanticipated hazardous materials and/or hazardous or dangerous circumstances, to complete previously identified tasks. Hull shall be compensated for the actual time spent performing this additional work and other direct expenses and subcontractor fees at the billing rates outlined in Table 2. STANDARD OF CARE AND LIMITATIONS Hull shall perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of its profession practicing in the same or similar locality at the time of service. No other warranty, expressed or implied, is made or intended by our proposal or by our oral or written reports. The work will not attempt to evaluate past or present compliance with federal, state, or local environmental or land use laws or regulations. Conclusions presented by Hull regarding the Site to be investigated shall be consistent with the Scope of Work, level of effort specified, and investigative techniques employed. Reports, opinions, letters and other documents will not evaluate the presence or absence of any compound or parameter not specifically analyzed and reported. The presence of radiation, radon, lead, electromagnetic fields, and indoor air pollution will not be investigated, unless specifically stated in the Scope of Work. Hull makes no guarantees regarding the completeness or accuracy of any information obtained from public or private files or information provided by subcontractors. If the proposal is acceptable, please sign and return a copy of the Task Order contained within Attachment B. We appreciate the opportunity to prepare this proposal. Please call me at (317) 517-6506 if you have any questions. Sincerely, Douglas G. Stuart, CHMM Senior Project Manager ~ ~ ~~ r,~'~-CGr ~'~j ~~ W. Lance Turley Principal DGSNVLT ct: Hull File Copy ATTACHMENT A Tables TABLE 1 ADDITIONAL SITE ASSESSMENT AND VRP WORK CITY OF SOUTH BEND FORMER OLIVER INDUSTRIAL PARK; SOUTH BEND, INDIANA Task 1 Data Review, HASP, Project Management Labor Estimated Cost $ 5,560 Task 1 Subtotal $ 5,560 Task 2 Soil 8~ Groundwater Sampling Labor Subcontractor Costs (including markup) Equipment Supplies Miscellaneous Costs $ 11,150 $ 45,773 $ 980 $ 387 $ 1,100 Task 2 Subtotal $ 59,390 Task 3 Report Preparation Labor Miscellaneous Costs Task 4 Prepare Revised Remediation Work Plan Labor Miscellaneous Costs $ 4,340 $ 150 Task 3 Subtotal $ 4,490 $ 6,540 $ 250 Task 4 Subtotal $ 6,790 TOTAL PROJECT BUDGET $ 76,230 HULL & ASSOCIATES, INC. INDIANAPOLIS, INDIANA JUNE 2010 S61061.400.0001 assoc atES, Inc. TABLE 2 2010 BILLING RATE SCHEDULE Princi al $150.00 - $200.00 Senior Project Mana er $120.00 - $175.00 Project Mana er $100.00 - $140.00 Government & Community Relations $ 80.00 - $150.00 Senior En ineer $100.00 - $140.00 Project En ineer $ 90.00 - $120.00 En ineer 2 $ 70.00 - $100.00 En ineer 1 $ 65.00 - $ 85.00 Senior En ineer $100.00 - $140.00 Project En ineer $ 90.00 - $120.00 Electrical En ineer 2 $ 80.00 - $110.00 Electrical En ineer 1 $ 70.00 - $ 90.00 Senior Electrical Desi ner $ 95.00 - $115.00 Electrical Desi ner 2 $ 85.00 - $105.00 Electrical Desi ner 1 $ 70.00 - $ 90.00 ... -... Senior H dro eolo ist $100.00 - $140.00 Project H dro eolo ist $ 85.00 - $115.00 H dro eolo ist 2 $ 70.00 - $100.00 H dro eolo ist 1 $ 60.00 - $ 80.00 Senior Scientist $100.00 - $140.00 Project Scientist $ 85.00 - $115.00 Scientist 2 $ 70.00 - $100.00 Scientist 1 $ 60.00 - $ 80.00 ~~. GIS Mana er $ 80.00 - $120.00 GIS S ecialist $ 50.00 - $ 80.00 Senior Desi ner $ 80.00 - $110.00 Desi ner $ 70.00 - $ 90.00 CAD 2 $ 60.00 - $ 80.00 CAD 1 $ 50.00 - $ 70.00 Senior Technician $ 50.00 - $ 80.00 Technician 2 $ 40.00 - $ 65.00 Technician 1 $ 30.00 - $ 55.00 Clerical $ 30.00 - $ 50.00 NOTES: 1. Hourly billing rates for personnel apply to actual time spent in meetings concerning the project, preparing for such meetings, project coordination time, design activities, field and office investigations, and travel time when job-related. 2. Hourly billing rates reflect the range of salaries for each job classification. Rates are typically reviewed and adjusted periodically to account for salary increases and other changes. 3. If personal vehicles are utilized, travel mileage is billed at the federal mileage reimbursement rate. If company-owned vehicles are utilized, rental rates of $75/day, $300/week, or $1,000/month are used in lieu of travel mileage. If rental vehicles are utilized, the actual cost of the rental and gasoline will be billed directly with no mark-up. 4. Air transportation fees are billed directly with no mark-up. Travel time is typically billed only for that time actually spent flying to/from the project location and does not include layovers, delays, etc. 5. Project reimbursable expenses such as reproduction by vendors, overnight shipping, meals, and lodging associated with travel or extended field activities, etc. are billed directly with no mark-up. Certain project reimbursable expenses such as sampling kits, health and safety equipment, etc. are billed at flat rates based on the cost of the materials. 6. Field equipment rented from outside vendors is billed directly with no mark-up. If field equipment owned by Hull is utilized on the client's project, competitive market-equivalent rates are billed for daily or weekly rental. 7. Subcontractors' fees are billed to the Client at a rate equal to the subcontractor fee multiplied by 1.1 to recover Hull's contractual liability risk and associated operational expense. HULL & ASSOCIATES, INC. JUNE 2010 INDIANAPOLIS, INDIANA SB1061.400.0001 ATTACHMENT B Task Order HULL 8~ ASSOCIATES, INC. TASK ORDER NO: 001 HULL PROJECT CODE: SBI-061 CONTRACT NUMBER: CNTRCT.400.1411 Subject to the terms and conditions of the above referenced Contract, the Consultant agrees to perform the following Scope of Work as follows: Complete a Phase II ESA at the Oliver Industrial Park Located in South Bend, Indiana (the Site) as described in Hull's June 15, 2010 proposal (Hull Document #SB1061.400.0001). NUMBER OF COPIES OF DELIVERABLE: ESTIMATED TOTAL COST: $76,230 HULL & ASSOCIATES, INC. PROJECT CONTACT: Doug Stuart CLIENT PROJECT CONTACT: Ann Kolata CLIENT AUTHORIZATION: DATE: (Please return one signed original to Hull & Associates, Inc.'s Project Contact and retain one signed original for Client's records) HULL & ASSOCIATES, INC. C-1 JUNE 2010 INDIANAPOLIS, INDIANA SB1061.400.0001