HomeMy WebLinkAbout6D(8) Brownfields Grant Agreement - former Studebaker Stamping Plant� --�) C<�)
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Community & Economic Development',,
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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 ❑ Phone 574/235 -9371 ❑ Fax 574/2357
9021
To: Redevelopment Commis ion and Board of Public Works
From: Ann KolatC;�—la
k
Subject: Brownfields Cleanup Revolving Loan Fund Grant Agreement = Environmental
Remediation at former Studebaker Stamping Plant Property (Tax ID # 18 -8021-
084901)
Date: July 19, 2010
The attached Agreement finalizes a sub -grant from the City of South Bend to the South Bend
Redevelopment Commission for Environmental Remediation at the former Studebaker Stamping
Plant (Tax ID #18- 8021 - 084901). The sub -grant is in an amount not to exceed $160,000. The grant
funds were awarded to the City of South Bend by the U.S. EPA. The remediation will address
volatile organic compounds (VOCs); semi - volatile organic compounds (SVOCs); total petroleum
hydrocarbons (TPH) and metals. Demolition of the former stamping plant took place during 2006
and 2007 and some remediation occurred at that time. However several portions of the site still need
remediation. Results from this remediation will be included in the information we submit to the
Indiana Department of Environmental Management as part of our Voluntary Remediation Plan
workplan for Studebaker Area A Soils (VRP #6020803). The Board of Public Works gave
preliminary approval of the sub -grant on May 24, 2010.
Please contact me at 235 -9374 or akolata@southbendin.gov if you have any questions.
BROWNFIELDS CLEANUP
REVOLVING LOAN FUND GRANT AGREEMENT
THIS AGREEMENT (the "Agreement") is made and entered into on this day of
2010, by and between the City of South Bend, a municipal corporation organized
under the laws of Indiana as a home rule city acting by and through its Board of Public Works,
( "City "), and the South Bend Redevelopment Commission ( "Commission "), existing and
operating under the authority of Ind. Code § 36 -7 -14.
RECITALS
A. The City is the recipient of federal funds ( "Grant Funds ") distributed through the
United States Environmental Protection Agency ( "EPA ") Brownfield Cleanup Revolving Loan
Fund ( "RLF ") Program and is authorized to make certain grants from these funds.
B. Grant Funds are to be used to undertake cleanup of brownfield sites, as defined in
Section 101(39) of the Comprehensive Environmental Response, Compensation and Liability
Act (CERCLA), 42 U.S.C. § 9601(39) (`Brownfield Sites "), by making low interest loans and
grants to parties willing to undertake cleanup of these sites.
C. The City and the Commission have entered into an agreement concerning the
redevelopment of the former Studebaker manufacturing facilities located in downtown South
Bend. Part of that redevelopment effort includes the former stamping plant property that was
part of the former Studebaker facilities, (the "Property "), which consists of approximately 31.67
acres of land located within the City, more particularly described in Exhibit A. attached hereto
and incorporated herein.
D. The City has agreed to grant to the Commission certain of the Grant Funds which
will be used by the Commission for a portion of the remediation of the Property (the
"Remediation Work "). A "Remediation Work Plan" ( "Work Plan ") has been prepared and is
attached hereto and incorporated herein as Exhibit B.
E. An eligibility evaluation for the Property was prepared by the Commission on
May 20, 2010, which demonstrates qualification of the Property for consideration of funding
through the RLF Program, a copy of which is attached hereto and incorporated herein as Exhibit
C.
F. On January 19, 2010 the City forwarded to EPA its determination that the
Commission is a separate legal entity distinct from the City and is eligible for a sub -grant in
connection with an RLF grant from the City and on January 20, 2010 EPA accepted this
determination.
G. The Commission is not responsible for the contamination on the Property and the
due diligence activities conducted prior to the Commission's purchase of the Property satisfy
CERCLA's landowner liability protections and Section 10 1 (3 5)(B)(i)(I) of CERCLA.
H. The City and the Commission carried out all appropriate inquiries into the
previous ownership and uses of the Property in accordance with generally accepted good
commercial and customary standards and practices.
I. On June 3, 2010, the EPA notified the City that they agreed with the City's
Hazardous Waste Site Eligibility Determination and that the Property is a Brownfield Site and
the Commission is not a Potentially Responsible Party ( "PRP "), as that term is used in, and in
connection with, the Comprehensive Environmental Response, Compensation and Liability Act
(CERCLA), 42 U.S.C. § 9601 et seq.
J. The Property was formerly a manufacturing site and is considered a Brownfield
site, under applicable State law, until such time as the Remediation Work is complete.
K. The Property is not listed, or proposed for listing on the National Priorities List of
the EPA.
L. The Commission is not a generator or transporter of any waste or hazardous waste
located at the Property.
M. The Commission is not and has never been subject to any penalties resulting from
environmental non - compliance at or on the Property nor is the Commission, or, to the best of its
knowledge, its project contractors or subcontractors currently suspended, debarred, or otherwise'
declared ineligible for participation in this federal program or from the receipt of these funds.
N. A claim has not been asserted against the Commission for liability under Section
107 of CERCLA, 42 U.S.C. Section 9607.
O. The Commission is not a Potentially Responsible Party under Section 107 of
CERCLA, 42 USC Section 9607, because the Commission has documented the BFPP defense to
CERCLA liability through materials submitted to EPA.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, it is mutually agreed by and between the parties as follows:
1. Incorporation of Recitals. The parties hereby expressly incorporate each of the
foregoing recitals (Recitals A through O) as if fully set forth in this section.
2. Grant Funds.
2.1. The City agrees to grant to the Commission a sum to be used by the Commission
for the Remediation Work and eligible consultant fees associated with the Remediation Work
(the "Project Grant Funds "), not to exceed the remaining amount of funds granted to the City
from the EPA on January 19, 2010, pursuant to Cooperative Agreement No. 2B — OOE97101 -1
(the "EPA Funds "). The Project Grant Funds shall be distributed and used in accordance with
the terms and conditions in this Agreement. Once all of the EPA Funds have been allocated, the
Commission shall be solely responsible for any additional costs related to the Remediation
Work.
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2.2. The Project Grant Funds shall be payable to the Commission as reimbursement
for allowable expenses incurred by the Commission based upon the progress of the Remediation
Work and in accordance with the approved cleanup project budget (the "Budget "), which is
attached hereto and incorporated herein as Exhibit D, and all reasonable amendments to the
Budget upon which the parties agree. No reimbursement shall be made to the Commission
without the written approval of the City. The City shall not advance nor be obligated to advance
any Project Grant Funds to the Commission prior to the receipt of properly executed lien
waivers.
2.3. The Commission understands and agrees that all of the Project Grant Funds
provided by the City to the Commission shall be used by the Commission towards the cleanup
and remediation of the Property identified in Exhibit A.
2.4. The Commission agrees to use best efforts to keep all expenditures from the
Project Grant Funds within the approved Budget. The Commission shall not exceed any of the
costs enumerated in the approved Budget, or any mutually agreed upon amendments thereto (if
applicable), without the prior written approval of the City.
3. No Obligation of City. The Commission acknowledges that Cooperative Agreement
No. 2B — OOE97101 -1 between the City and the EPA (the "Cooperative Agreement "), is the
source of all funds granted hereunder, and that the City is under no obligation to loan any of its
own funds for this project.
4. Applicable Laws and Regulations. The Commission shall carry out the Remediation
Work in accordance with all applicable state, local and federal laws, regulations, orders, writs,
judgments, injunctions, decrees or awards, including but not limited to the following:
4.1. CERCLA
4.2. Uniform Administrative Requirements for Grants a Cooperative
Agreements to States and Local Governments, 40 C.F.R. Part 31.
4.3. The National Oil and Hazardous Substances Continkency Plan 40 C F R
Part 300, ( "NCP ").
4.4. All Applicable Federal "Cross-Cutting Requirements" including:
4.4.1. Those federal requirements agreed between the USEPA and the
Grantor defined by the Cooperative Agreement;
4.4.2. DBE requirements found at 40 C.F.R. Part 33;
4.4.3. OSHA Worker Health & Safety Standard 29 C.F.R. 1910.120;
4.4.4. The Uniform Relocation Act; Historic Preservation Action;
4.4.5. Endangered Species Act;
4.4.6. Permits required by Section 404 of the Clean Water Action;
4.4.7. Contract Work Hours and Safety Standards Act, as amended (40
U.S.C. 327 -333);
4.4.8. The Anti Kickback Act (40 U.S.C. 276c); and
4.4.9. Section 504 of the Rehabilitation Act of 1973, as implemented by
Executive Orders 11914 and 11250.
4.5. The Davis -Bacon Act of 1931 (CERCLA Section 104(g)(1), 40 U.S.C.
Section 276a- 276a -5 and 42 U.S.C. Section 3222). CERCLA compliance with Davis -
Bacon requires payment of Federal prevailing wage rates for construction, repair or
alteration work funded in whole or in part with Project Grant Funds. The Grantee must
obtain recent and applicable wage rates from the U.S. Department of Labor and
incorporate them into the remediation construction contract.
4.6. Executive Order 13202 - "Preservation of Open Competition and
Government Neutrality toward Government Contractors' Labor Relations on Federal and
Federally - funded Construction Projects."
4.7. Office ofManggement and Budget (OMB) Circular No A -122, "Cost
Principles for Non - Profit Organizations."
4.8. Executive Orders 12549 and 12689 - "Debarment and Suspension." The
Grantee shall ensure that no contract is made with a party or parties listed on the General
Services Administration's List of Parties Excluded from Federal Procurement or
Nonprocurement Programs.
4.9. American Recovery and Reinvestment Act of 2009 (ARRA) — "Buy
American" Provisions - The Grantee understands the work, goods and services under
this Agreement are being funded with monies made available by the federal American
Recovery and Reinvestment Act of 2009 and such law contains provisions commonly
known as "Buy American" (and as such is supplemented from time to time by federal
rules and guidance) that requires all of the iron, steel, and manufactured goods used in the
project be produced in the United States ( "Buy American Requirements ") including iron,
steel, and manufactured goods provided by the Contactor pursuant to this Agreement.
4.9.1. The Grantee shall ensure that each contractor, subcontractor or
vendor complies with the Buy American Requirements.
4.9.2. Notwithstanding any other provision of this Agreement, any failure
to comply with this paragraph by the Grantee shall permit the Grantor to recover
as damages against the Grantee for (and the Grantee shall indemnify and hold the
Grantor harmless against) any loss, expense or cost (including without limitation
attorney's fees) incurred by the Grantor resulting from any such failure (including
without limitation any impairment or loss of funding, whether in whole or in part,
from the Grantor or any damages owed to the Grantor by the Grantee).
4.9.3. The Grantee and the Grantor agree that neither this section (nor
any other provision of this Agreement necessary to give this paragraph force or
effect) shall be amended or waived without the prior written consent of the
Grantor, acting through its Board of Public Works.
5. Front -End Document Certification. The Commission understands and agrees that any
and all work performed on the Property for which the Project Grant Funds are used and the
receipt of any Project Grant Funds under this Agreement is conditioned upon the Commission's
full compliance with the terms and provisions contained in this Agreement, the Cooperative
Agreement and the document titled "Front -End Document Certification." The Commission shall
ensure that all contracts and subcontracts involving any portion of the Project Grant Funds
comply with the "Front -End Document Certification" and the relevant laws and regulations
referenced therein, including, but not limited to, the required contract provisions listed at 40
C.F.R. § 31.36(i).
6. Environmental Reports and Proiect Documents.
6.1. The Commission shall provide the City with a copy of the Phase I and Phase II
Environmental Assessment of the Property performed according to the American Society for
Testing and Materials (ASTM) standards (collectively, the "Assessment "). The Commission
shall be responsible for the payment of all costs and expenses related to the Assessment. The
Assessment shall include, but is not limited to site background, the threat posed by the
contamination to public health, welfare and the environment and all past enforcement activities
conducted by any governmental agency, and the site testing results.
6.2. The City shall designate an environmental project manager ( "Project Manager ")
who shall review and approve of the proposed cleanup and coordinate the work to be performed
using Project Grant Funds. The City's environmental project manager will review the
Commission's remedial planning, design, and engineering documents and review the cleanup
activities as they are on -going to ensure that the cleanup is being completed in accordance with
all local, State, and Federal requirements and is protective of human health and the environment.
6.3. The Commission has caused to be prepared a Community Relations Plan ( "CRP ")
with the assistance and cooperation of the City. The CRP includes the following:
6.3.1. Information on previous public involvement in the planning process for
the former Studebaker plant and for the use of RLF funds.
6.3.2. Notice of the public comment period on the CRP was published in the
South Bend Tribune on May 28 and June 4, 2010 with the public comment period ending
at 5:00 p.m. on June 14, 2010.
6.3.3. Procedures for the establishment of a local repository at or near the
Property that includes information provided by the Commission and the City related to
the proposed Remediation Work. The Commission shall supply the City with any
additional information that would assist the City in documenting the Remediation Work.
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6.4. After the Commission prepared the CRP, the Commission drafted an Analysis of
Brownfields Cleanup Alternatives ( "ABCA ") dated May 2010, which includes information about
the Property and contamination issues (i.e., exposure pathways, identification of contaminant
sources, etc.); cleanup standards; applicable laws; alternatives considered; and the proposed
cleanup. The ABCA includes effectiveness, implementability, and the cost of the cleanup
proposed. The ABCA was made available for review and public comment for a period of no less
than 15 days from the first date of publication of the public notice.
6.5. Following the public comment period described above, in which no public
comments were received, the Commission prepared a document describing the final analysis of
brownfield cleanup alternatives (the "Decision Memo "). The Decision Memo included a
statement that the Commission did not receive any public comments on the ABCA and selected
the remedial approach proposed in the ABCA. The EPA approved the Decision Memo on June
17, 2010.
6.6. After the ABCA was finalized, the Commission prepared a scope of work
containing detailed design and construction plans and specifications for the Remediation Work
including a budget and work schedule; a health and safety plan (OSHA 1910 -120 —126) and a
quality assurance project plan which sets forth the manner and method of collecting samples to
assure the complete removal of all hazardous substances that are located at the Property and are
to be removed as a part of the Remediation Work (collectively, such documents are referred to as
the "Project Documents ") and has submitted same to the City for approval.
6.7. Prior to the initiation of the Remediation Work, including any cleanup activities,
the Commission must provide to the City copies of all of the state required remedial planning
documents and the state's approval of those documents, if required.
6.8. The awarding of this Grant shall be subject to:
6.8.1. Opinion of the Commission's counsel that the Commission is in good
standing and that all documents executed by the Commission are valid and enforceable in
accordance with their respective terms.
6.8.2. Approval of this Agreement by the Commission, agreeing to its terms and
authorizing the Commission to accept the Project Grant Funds.
6.8.3. Evidence by the Commission that no outstanding taxes, fees, charges,
mortgages, liens, encumberances or other assessments have been filed or are recorded
against the Property.
6.8.4. Evidence of insurance coverage with limits of liability as determined by
the City's Project Manager. All insurance coverage required by this section shall remain
in full force and effect during the term of this Agreement.
6.8.5. Identification of the prime contractor and subcontractor(s) selected by the
Commission for the Remediation Work.
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6.8.6. The City's receipt of cleanup project cost breakdown based upon estimates
and prices supplied by the Commission.
6.9. The City reserves the right to waive any or all of the requirements of Section 6.8.
7. Performance of Work and Pavment.
7.1. The Commission shall commence work on the Remediation Work within 30 days
from the date of execution of this Agreement and shall complete and perform all of the
Remediation Work within 120 days in accordance with the approved schedule of work
( "Schedule of Work ") attached hereto and made a part hereof as Exhibit E.
7.2. All Remediation Work performed pursuant to this Agreement and with Project
Grant Funds shall be performed in a good and workmanlike manner.
7.3. The City shall disburse the Project Grant Funds to the Commission no later than
30 days following receipt of a draw request (which draw requests shall not be made more
frequently than monthly) and satisfactory documentation of expenditures for the Work. The City
and the Commission agree not to unreasonably delay or withhold delivery or payment of draw
requests.
7.4. The City may withhold up to ten percent (10 %) of each payment requested as a
retainage until the Commission has completed the Remediation Work.
7.5. All material changes or modifications to the Remediation Work or the Project
Documents shall be approved in writing by the City prior to such change or modification
becoming effective. All additional costs incurred, as the result of any change orders shall be the
responsibility of the Commission. In the event that unforeseen conditions are discovered during
the implementation of the Remediation Work, the Commission reserves the right to revise the
cleanup action and the Project Documents.
7.6. The Commission, at its sole cost and expense, and from sources other than Grant
Funds, shall be responsible for obtaining all permits, licenses, approvals, certifications and
inspections required by federal, state or local law and to maintain such permits, licenses,
approvals, certifications and inspections in current status during the term of this Agreement.
7.7. The Commission agrees to protect, indemnify, defend and hold harmless, the
City, its officers, administrators, agents, servants, employees and all other persons or legal
entities to whom the City may be liable from, for or against any and all claims, demands, suits,
losses, damages, judgments, costs and expenses, whether direct, indirect or consequential and
including, but not limited to, all reasonable fees, expenses and charges of attorneys and other
professionals, court costs, and other reasonable fees and expenses for bodily injury, including
death, personal injury and property damage, arising out of or in connection with the performance
of any work or any responsibility or obligation of the Commission as provided herein and caused
in whole or in part by any act, error, or omission of the Commission, its agents, servants,
employees or assigns.
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7.8. The Commission shall erect a sign on the Property stating that the Remediation
Work is being financed in part by Grant Funds and the City and providing the appropriate
contacts for obtaining information on activities being conducted at the site and for reporting
suspected criminal activities. The sign erected on the Property shall comply with all
requirements of the state and local law applicable to on- premise outdoor advertising as well as
40 CFR Part 35, Subpart O ( §35.6105(a)(2)(ii)).
7.9. If the Commission sells or transfers the Property prior to completion of the
Remediation Work, then the Commission shall immediately repay the entire amount of Project
Grant Funds advanced to the Commission to the City.
7.10. The Commission shall:
7.10.1. Notify the City when the Remediation Work is complete. The notice
shall contain certification or documentation that the Remediation Work is complete and
has been performed in accordance with the terms of this Agreement. This notice shall
summarize the actions taken, the resources committed and the problems encountered in
completion of the Remediation Work, if any, and shall be submitted to the City for
review and approval before it is finalized.
7.10.2. Perform all of its obligations and agreements under this Agreement, the
Cooperative Agreement and any other agreements or instruments to which the
Commission is a party and which relate to the Project Grant Funds and the Remediation
Work.
7.10.3. Promptly give notice in writing to the City of any litigation pending or
threatened against the Commission or the Property arising from the performance of the
Remediation Work.
8. Inspection and Right to Stop Work. The City shall have the right, but not the
obligation, to enter the Property and inspect the Remediation Work at all times during the
execution for the Work in accordance with the Plan, and within 30 days following completion of
the Work.
8.1. The City shall select a "Site Manager" to review, oversee and inspect the work in
coordination with the Project Manager.
8.2. The City may stop the Remediation Work if it is not satisfactory or not
substantially in accordance with the Work Plan and order Remediation Work replacement at the
Commission's expense.
8.3. The City is not obligated to make any disbursements unless and/or until all
Remediation Work is satisfactorily completed and in accordance with the Work Plan as
reasonably determined by the City and Site Manager.
8.4. The City shall have the right, but not the obligation, to take any reasonable and
appropriate action under the circumstances to cure any violation for the provisions of this
Agreement upon written notice of at least 30 days to the Commission and an opportunity to cure.
The notice shall include a clear description of the proposed cure and the approximate cost of the
same.
8.5. The Commission recognizes that the Site Manager has the ability to stop the
Remediation Work immediately in the event of an imminent and substantial threat to human
health associated with it.
9. Representations and Warranties.
9.1. The City and the Commission represent and warrant to each other that:
9.1.1. The Property is not listed or proposed for listing on the National Priorities
List of the EPA.
9.1.2. None of the parties has disposed of hazardous substances, pollutants or
contaminants at or to the Property.
9.1.3. The making and performance by the'parties of this Agreement does not
violate any provision of federal, state or local law, or result in a breach of or constitute a
default under any agreement, indenture or other instrument to which the parties may be
bound.
9.1.4. This Agreement has been duly authorized by the governing bodies of each
entity, and has been validly executed and delivered, and is valid and binding on the
parties.
9.1.5. There are no pending or threatened actions or proceedings before any
court or administrative agency that may adversely affect the financial condition or
operation of the parties.
9.2. The Commission represents and warrants as follows:
9.2.1. The Commission certifies that it is not now, and has not in the past, been
subject to any penalties resulting from environmental non - compliance at the Property.
9.2.2. Neither the Commission nor its respective officers or contractor(s)
retained to conduct the Remediation Work, have within a 3 year period preceding this
Agreement been, convicted of or had a civil judgment rendered against them for (i) fraud
or commission of a criminal offense in connection with obtaining, attempting to obtain,
or performing a public transaction or contract under a public transaction, (ii) violation of
federal or state antitrust laws, or (iii) embezzlement, theft, forgery, bribery, falsification
or destruction of records, making false statements or receiving stolen property.
9.2.3. Neither the Commission nor its respective officers or contractor(s)
retained to conduct the Remediation Work are presently indicted for or otherwise
criminally or civilly charged by a public entity with commission of any of the offenses
enumerated under Section 9.2.2 hereof.
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9.2.4. The Commission has not within the preceding 3 years had a public
transaction terminated for cause or default.
9.2.5. The Commission is a unit of government validly existing under Ind. Code
§ 36 -7 -14 and has all requisite power and authority to hold title to the Property and to
execute, deliver and perform all of its obligations under this Agreement and the Grant
documents.
9.2.6. The Commission is not a generator or transporter of any contamination
located at the Property.
9.2.7. The Commission is not a Potentially Responsible Party under Section 107
of CERCLA, 42 USC § 9607 because the Commission has demonstrated the BFPP
defense to CERCLA liability through material submitted to EPA.
9.3. All representations and warranties shall survive the execution of this Agreement.
10. Maintenance of Records.
10.1. The Commission agrees to maintain financial and programmatic records
pertaining to all matters relative to this Agreement in, accordance with generally accepted
accounting principles and procedures and to retain all of its records and supporting
documentation applicable to this Agreement for a period of 3 years after the completion of the
Remediation Work except as provided in Section 10.2.
10.2. If any litigation, claim, negotiation, audit or other action involving the records has
been started before the expiration of the three -year period, the records must be retained until
completion of the action and resolution of all issues which arise from it, or until the end of the
regular three -year period, whichever is later.
10.2.1. All such records and supporting documents shall be made available, upon
request, for inspection or audit by the City or its representatives.
10.2.2. The Commission must receive permission from the City, in writing, prior
to destroying any of these records or documents.
11. Right to Inspect and /or Audit. The Commission agrees to permit the City or its
designated representative to inspect and /or audit its records and books relative to this Agreement
at any time during normal business hours and under reasonable circumstances, upon reasonable
notice and to copy them from any information that the City desires relevant to this Agreement.
The City shall provide written notice to the Commission prior to the execution of this provision.
The Commission agrees to deliver the records or have the records delivered to the City or its
designated representative at an address designated by such party within the South Bend city
limits. If the City or its representative finds that the records delivered by the Commission are
incomplete, the Commission agrees to pay the City or its representative's costs to travel to the
Commission's office or other location where the books or records are located to audit or retrieve
the complete records. In addition, all grant related documents are subject to 40 C.F.R. Section
31.42(e).
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12. Reporting.
12. 1. The Commission shall provide the City with the Commission's Dun and
Bradstreet Data Universal Numbering System (DUNS) number prior to commencement of the
Remediation Work.
12.2. The Commission shall submit a quarterly performance report to the City on or
before the 5th day of each of the following months: April, July, October and January. Each
report shall include:
12.2.1. Documentation of the progress at meeting performance outcomes /outputs
for the Remediation Work during the quarter (including the percentage of the
Remediation Work complete at the end of the quarter), a narrative summary of quarterly
activities, a project time line and an explanation for any slippage in meeting established
output /outcomes.
12.2.2. DUNS numbers for each and every contractor, subcontractor and /or
vendor performing any of the Remediation Work.
12.2.3. An update on any project milestones occurring during the quarter.
12.2.4. The number and types of jobs created during the quarter and the number
of hours worked during the quarter. The Commission shall consult "EPA Summary of
OMB's December 18, 2009 Updated Guidance on Reporting of Job Estimates ", which is
attached as Exhibit F. for guidance on this reporting requirement.
12.2.5. A budget recap summary page with following headings
i. Current Approved Budget
ii. Costs Incurred this Quarter
iii. Costs Incurred to Date
iv. Total Remaining Funds
V. Private investment during the quarter
12.3. The Commission shall ensure that all contractors, subcontractors or any other
parties performing the Remediation Work submit reports as necessary to allow Commission to
comply with the notice requirements in Section 12.2.
12.4. The Commission shall furnish such other information as the City may from time
to time reasonably request.
13. Events of Default.
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13.1. In the event of a default of any of the terms or conditions of this Agreement, the
entire amount of Project Grant Funds disbursed to the Commission shall become immediately
due and payable without the necessity of demand from the City. The Commission shall be
deemed to be in default under this Agreement upon the occurrence of any one or more of the
following events (each an "Event of Default "):
13.1.1. The Commission assigns this Agreement or any Project Grant Funds
advanced hereunder or any interest herein to a third party or if the Property or any interest
is conveyed, assigned or otherwise transferred without the prior written consent of the
City.
13.1.2. Any representation or warranty made herein or in any report, certificate,
financial statement or other instrument furnished in connection with this Agreement shall
prove to be false in any material respect.
13.1.3. The Commission defaults in the performance of any term, covenant or
condition to be performed hereunder and such default is not remedied within 30 days,
unless a longer period of time is reasonably required to cure the default, from and after
receipt of written notice by certified mail, return receipt requested, from the City to the
Commission, specifying said default, or, if such default cannot be remedied within that
period and remedial effort is not commenced within that period and diligently and
continuously pursued, the City shall have the right to proceed by appropriate judicial
proceedings to enforce performance or observation of the applicable provisions of this
Agreement and /or terminate this Agreement and recover damages from the Commission
to the extent allowed by law.
13.1.4. Any proceeding involving the Commission or the Property, commenced
under any bankruptcy or reorganization arrangement, probate, insolvency, readjustment
of debt, dissolution or liquidation law of the United States, or any state, but if such
proceedings are instituted, no Event of Default shall be deemed to have occurred
hereunder unless the City either approves, consents to, or acquiesces in such proceedings,
or such proceedings are not dismissed within 60 days.
13.1.5. An order, judgment or decree is entered, without the application, approval
or consent of the City, by any court of competent jurisdiction approving the appointment
of a receiver, trustee or liquidator of the Commission of all or a substantial part of its
assets, and such order, judgment or decree shall continue in effect for a period of 60 days.
14. Remedies of the City. Upon the occurrence of an Event of Default, the City may
exercise, singly or in combination, any or all of the rights, powers and privileges set forth in this
Agreement, the Cooperative Agreement and any other agreements or instruments to which the
City is a party and which relate to the Project Grant Funds and the Remediation Work, at law or
in equity, at any time and from time to time.
15. Secure Site. In the event of Default, the Commission shall secure the Property. The cost
of securing the Property is the responsibility of the Commission. If the Commission fails to
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secure the Property within 24 hours of a Notice of Default, the City may, but shall not be
required to do so, at the Commission's sole cost.
16. Interpretation of Contract Documents. To the extent that it is determined that a
conflict exists between this Agreement and the Cooperative Agreement, all such agreements and
documents shall be construed in such manner as will give the maximum effect to each but, as to
any conflict which may not be so resolved, the terms and conditions of the Cooperative
Agreement shall control.
17. Miscellaneous.
17.1. No delay or failure of the City shall affect such right, power or privilege; nor shall
any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce
such a right, power or privilege affect such right, power or privilege. The rights and remedies of
the City hereunder are cumulative and not exclusive. Any waiver, permit, consent or approval of
any kind of the City of any breach or default hereunder, or any such waiver of any provisions or
conditions hereof, must be in writing and shall be effective only to the extent set forth in writing.
17.2. The Commission shall not assign or attempt to assign directly or indirectly, any of
its rights under this Agreement or under any instrument referred to herein without the prior
written consent of the City. The Commission shall not assign all or any portion of the Property
made the subject of this Agreement without the prior written consent of the City.
17.3. This Agreement is not intended to create or vest any rights in any third party or to
create any third party beneficiaries.
17.4. All amendments to this Agreement shall be in writing and signed by both parties
hereto.
17.5. It is expressly understood that a failure or delay on the part of the Commission in
the performance, in whole or in part, or any of the terms of this Agreement, if such failure is
attributable to an Act of God, fire, flood, riot, insurrection, embargo, emergency or governmental
orders, regulations, priority, or other limitations or restrictions, or other similar unforeseen
causes beyond the reasonable control of such party, the failure or delay shall not constitute a
breach or Event of Default under this Agreement; however, the Commission shall use its best
effort to insure that the Remediation Work is completed in a reasonable time without
unnecessary delay.
17.6. The provisions of this Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
17.7. No failure of either party to exercise any power or right given it hereunder or to
insist on strict compliance by the other party with its obligations hereunder, and so custom of
practice of the parties at variance with the terms hereof shall constitute a waiver of the other
party's right to demand at any time exact compliance with the terms hereof.
17.8. Any notice, consent, waiver, request or other communications required or
permitted to be given under this Agreement shall be in writing and shall be deemed given (a) on
13
the same day if delivered personally, (b) 3 business days after mailed if delivered by certified or
registered mail, return receipt requested, postage prepaid, (c) one (1) business day after
dispatched if dispatched by nationally recognized overnight delivery service, or (d) on the same
day if sent by telecopier (subject to obtaining a confirmation receipt), in any event, address to.the
party's address as follows:
TO THE CITY: City of South Bend
Board of Public Works
227 West Jefferson Blvd.
1300 County City Building
South Bend, IN 46601
Attention: Gary Gilot (or successor)
Director of Public Works
Telecopier Number: (574) 235 -9171
TO THE COMMISSION: South Bend Redevelopment Commission
227 West Jefferson Blvd.
120 County City Building
South Bend, IN 46601
Attention: Ann Kolata (or successor)
Senior Redevelopment Specialist
Telecopier Number: (574) 235 -9021
With copies to: City Attorney
227 West Jefferson Blvd.
1400 County City Building
South Bend, IN 46601
Either party may, upon prior notice of 10 calendar days given as set forth above, change
its address for all subsequent notices.
17.9. All exhibits mentioned herein shall be deemed incorporated herein by reference as
though fully set forth herein.
17.10. The terms and conditions of this Agreement, all exhibits attached hereto and any
documents expressly incorporated by reference represent the entire agreement between the
parties with respect to the subject matter of this Agreement. This Agreement may not be
amended or modified without the written consent of the parties hereto.
17.11. If any part of this Agreement is determined to be illegal or unenforceable, all
other parts shall be given effect separately and shall be in effect.
17.12. This Agreement, the Cooperative Agreement and any other agreements or
instruments to which the City and /or the Commission is a party and which relate to the Project
Grant Funds and the Remediation Work, shall be construed in accordance with and governed by
the laws of the State of Indiana except where superseded by federal statutes or regulations.
14
17.13. The City and the Commission have engaged in negotiations, with opportunity for
the advice and benefit of counsel, over the terms of this Agreement and no party has acted as the
exclusive drafter of the language of this Agreement and no inference or presumption or
application of a rule of contract construction should be made based upon the premise that one
party acted more than the other party as the draftsperson of these agreements.
17.14. This Agreement may not be amended, altered or modified unless the party against
whom enforcement of any waiver, modification or discharge is sought does so in writing.
17.15. This Agreement will become effective when approved by the Commission and
signed by its President and Secretary or Vice President and approved and signed by the Board of
Public Works.
IN WITNESS HEREOF, the parties have caused this Agreement to be executed in the name and
on behalf of each of them (acting individually or by their respective officers or appropriate legal
representatives, as the case may be, hereunto duly authorized) as of the day and year first written
above.
[SIGNATURE PAGES FOLLOW]
15
CITY:
City of South Bend, Indiana
Board of Public Works
By:
Gary A. Gilot, P.E.
By:
Donald E. Inks
By:
Carl P. Littrell
Date
16
COMMISSION:
City of South Bend, Department of Redevelopment
South Bend Redevelopment Commission
Date
17
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WORK PLAN
FOR SOIL REMEDIAL ACTIVITIES
ON
VACANT LAND
TAX I.D. NUMBER 18- 8021 - 084901
(THE FORMER STUDEBAKER STAMPING
PLANT)
LOCATED: .
SOUTH OF THE FORMER SOUTH BEND LATHE;
NORTH OF THE FORMER NORFOLK
SOUTHERN RAILROAD PROPERTY; EAST OF
KENDALL STREET & THE FORMER
STUDEBAKER FOUNDRY; AND WEST OF
FRANKLIN STREET;
SOUTH BEND, INDIANA
PREPARED FOR:
CITY OF SOUTH BEND
227 WEST JEFFERSON BLVD., SUITE 1200 S
SOUTH BEND, INDIANA 46601
PREPARED BY:
HULL & ASSOCIATES, INC.
6330 E. 75th STREET, SUITE 176
INDIANAPOLIS, INDIANA 46250
JULY 2010
Hiiiates, inc,
TABLE OF CONTENTS
1.0 INTRODUCTION ..................
1.1 Site Description ...............................
1.2 Site History ................................... ...............................
1.3 Previous Environmental Investigations ..... ...............................
1.4 Current Environmental Concerns ..................... ...............................
...................... 2
2.0 EXPOSURE PATHWAYS ANALYSIS ................................................ ..............................3
2.1 Potential Exposure Pathways ............................
3.0 PROPOSED CLEANUP OBJECTIVES ......... ...............................
3.1 Remediation Goals .......................................................... ...............................
3.2 Potential Cleanup Alternatives .............................
3.3 Implementation of Remediation Alternative .............. ...............................
3.4 Data Management ...................... ............................... 6
..........
3.5 Proiect Schedule ................................ ...............................
3.6 Additional Proiect Documents ..............:
3.6.1 Quality Assurance Project Plan ...................:.
3.6.2 Site Health and Safety Plan .............................. ...............................
4.0 REFERENCES ........................................... ...............................
FIGURES
Figure 1 Site Location Map
Figure 2 Potential Excavation Boundaries
HULL & ASSOCIATES, INC. S131062-400.0003 INDIANAPOLIS, INDIANA i JULY 2010
1.0 INTRODUCTION
This Work Plan was prepared by Hull & Associates, Inc. (Hull) and the City of South Bend,
Indiana (City). The Work Plan is a required element of the City's 2009 American Recovery and
Reinvestment Act- (ARRA -) funded Brownfields Cleanup Revolving Loan Fund (RLF) that was
awarded to the City by the United States Environmental Protection Agency (U.S. EPA):
The RLF was awarded to the City to administer, as well as to loan and /or subgrant (subject to
certain limitations) to eligible entities for assistance with remediating properties within the City
limits. The City of South Bend Redevelopment Commission has applied to the RLF for funds to
assist in the cleanup of a vacant parcel of land located within the City's larger cleanup and
redevelopment efforts at the former Studebaker Automotive complex. The Site, known as the
former Studebaker and /or Allied Stamping Plants, was deemed eligible for expenditure of grant
funds by U.S. EPA. The Site is unimproved and, as such, does not have a street address, but is
known by the St. Joseph County, Indiana Auditor as Tax I.D. # 18- 8021 - 084901. The Site is
bounded by the former South Bend Lathe property to the north, the former Norfolk Southern
Railroad property to the south, Kendall Street and the former Studebaker Foundry to the west,
and Franklin Street to the east. The Site was previously used to produce stamped automobile
parts for the Studebaker Company (and subsequently other automobile manufacturers when it
was operated by the Allied Products Corporation).
Phase I and Phase II Environmental Site Assessments (ESAs) conducted at the Site have
documented that soil and groundwater contamination on the property exceeds Indiana
Voluntary Remediation Program (VRP) Tier II Nonresidential Cleanup Goals (and, in the case of
lead, a Nonrule Policy Cleanup Guidance Level). The groundwater contamination appears to
have originated from an off -Site source and will not be addressed through this cleanup effort.
1.1 Site Description
The Site is part of the former Studebaker Automotive redevelopment and is located south of the
former South Bend Lathe property, north of the former Norfolk Southern Railroad property, east
of Kendall Street and the former South Bend Foundry, and west of Franklin Street in South
Bend, Indiana, as shown on Figure 1. The general configuration of the Site, including historical
layout and features, is shown on Figure 2. The South Bend Redevelopment Commission is the
current owner of the Site. The approximately 31.67 -acre parcel was formerly covered by
HULL & ASSOCIATES, INC. S131062.400.0003
INDIANAPOLIS, INDIANA 1 JULY 2010
multiple buildings that served as a part of the former Studebaker Automotive complex; those
buildings were razed in 2006 and 2007 and the Site is currently vacant and undeveloped.
Surrounding land use in the vicinity of the Site is generally commercial /industrial, with some
limited residential land use.
1.2 Site History
The Site served as an automobile parts stamping plant from the time when it was first
developed until the late 1990s. At its peak the Site housed 1.5 million square feet of structures
dedicated to stamping automotive parts. Studebaker ceased operations in South Bend in
December 1963, but the Site was sold to and operated by Allied Products (and others) as a
stamping plant. All operations at the Site ceased in July 1999. The Site is currently vacant.
1.3 Previous Environmental Investigations
In January 2001, Hull completed a Phase I Environmental Site Assessment (ESA) concurrently
for the Site and adjacent parcels for the City in preparation for potential purchase by the City.
Numerous Recognized Environmental Conditions (RECs), generally associated with former
industrial operations, were identified during that Phase I ESA.
Accordingly, the City retained Hull to complete several stages of Phase II ESAs. RECs were
also addressed when and where possible during demolition activities in 2006 through 2009.
Numerous samples have been collected at many locations at the Site.
1:4 Current Environmental Concerns
Based on the information provided in these investigations and during demolition activities, it can
be concluded that soil contamination is present at the Site in concentrations that exceed Indiana
VRP 1996 Tier II Nonresidential Cleanup Goals (and, in the case of lead, a Nonrule Policy
Cleanup Guidance Level) (collectively herein referred to as Cleanup Goals). Specifically,
chemicals of concern (COCs) including lead, total petroleum hydrocarbons (TPH), volatile
organic compounds (VOCs), and semivolatile organic compounds (SVOCs) are present in soil
at the eastern, south - central, and southwestern portions of the Site, as shown on Figure 2.
HULL & ASSOCIATES, INC. S131062.400.0003
INDIANAPOLIS, INDIANA 2 JULY 2010
2.0 EXPOSURE PATHWAYS ANALYSIS
2.1 Potential Exposure Pathways
Pursuant to the IDEM's RISC Guidance, the following potential exposure pathways exist for the
hazardous substances present in soil at the Site:
• Direct contact to surface soils by visitors and trespassers to the Site through skin
contact, dust inhalation, and soil consumption; and
• Exposure of construction workers to surface and /or subsurface soils during trenching
and /or excavation activities.
As stated in Section 1.0 above, groundwater underlying the Site appears to have been impacted
by off -Site sources, and will not be addressed as part of this project. Therefore, the migration to
groundwater exposure pathway is considered incomplete for this cleanup.
HULL & ASSOCIATES, INC. SBI062.400.0003
INDIANAPOLIS, INDIANA 3 JULY 2010
3.0 PROPOSED CLEANUP OBJECTIVES
3.1 Remediation Goals
The goal of the cleanup plan for the Site is to abate the risks posed by contaminated soil. As
the City intends to redevelop the Site in conjunction with the larger Studebaker Automotive
redevelopment as part of a nanotechnology business park, protection of human health and the
environment are critical. As a result, the contaminant exposures have been assessed in
consideration of these current and potential future uses.
3.2 Potential Cleanup Alternatives
The following cleanup alternatives were evaluated, specific to this Site, based on the data
available: no further action; capping; excavation, removal, and off -site landfilling; soil washing;
and soil solidification. An Analysis of Brownfield Cleanup Alternatives (ABCA) for the Site was
prepared in May 2010 and concluded that excavation, removal, and off -site landfilling was the
most viable and cost - effective option. Following approval of the ABCA by U.S. EPA and the
Indiana Brownfields Program, as part of the administrative record for the project, the ABCA was
posted publicly by the City to allow for public review and comment. Based on no public
comment, the City issued a Decision Memorandum on June 17, 2010 approving the selected
remedial approach.
3.3 Implementation of Remediation Alternative
Bid specifications will be prepared, and the City's process for solicitation of publicly- funded
projects will be followed to select a contractor for the excavation. Given the fact that cleanup
alternatives can also create impacts to the environment (e.g., through the combustion of fossil
fuels during excavation and transportation of impacted soils, etc.), the bid specifications for the
selected alternative will be written to emphasize that impacts to the environment shall be
minimized where possible. Consistent with U.S. EPA Region 5's Greener Cleanups Initiative,
the following measures will be urged during implementation of the selected alternative:
• Restrict idling of construction equipment and encourage the use of enhanced emission
controls;
• Use low- sulfur fuel when possible;
• Schedule removal work in a manner that eliminates double - handling of materials; and
HULL & ASSOCIATES, INC. S131062.400.0003
INDIANAPOLIS, INDIANA 4 JULY 2010
• Crush and re -use on -site as backfill any concrete that must be removed to gain access
to remediation areas, in order to minimize trucking backfill to the site.
Following selection of the most responsive and responsible bidder, Hull will coordinate with the
contractor to begin the work.
Prior to removal and disposal, representative samples of the impacted soils at the Site will be
collected and analyzed for landfill disposal approval, subject to the requirements of the landfill
selected by the excavation contractor. Concurrent with securing landfill disposal approval, the
appropriate utility clearances will be obtained from local utilities (both municipal and private).
Hull has confirmed with the City's Engineering Department that, because the area of proposed
excavation is less than one acre, a Construction /Stormwater Pollution Prevention Plan in
accordance with 327 Indiana Administrative Code (IAC) "Rule 5" (327 IAC 15 -5) and "Rule 13"
(327 IAC 15 -13) is not necessary.
The March 2010 ABCA estimated that approximately 1,700 cubic yards of soil may require
excavation and off -site disposal. The areas where concentrations of lead, TPH, VOCs, and
SVOCs in surface and subsurface soils exceed Cleanup Goals are shown on Figure 2.
Initially, smaller areas will be staked horizontally and excavated to the depths of known
contamination (based on data collected during environmental assessment and /or demolition
activities) in an effort to minimize the volume of soil required for excavation and off -site disposal.
Those smaller areas are indicated by black dashed lines within the originally proposed
excavation areas as shown on Figure 2. Impacted soils will be excavated with a backhoe or
tracked excavator and loaded directly to dump trucks for transport to the landfill for disposal. At
the end of each day's activities, excavated areas that have not been backfilled to original grade
will be barricaded with Occupational Safety and Health Administration (OSHA)- approved safety
fencing.
Following excavation of the initial areas, Hull's field representative will collect confirmatory soil
samples from the floor and sidewalls of the excavations at a grid density of approximately every
1,000 square feet (i.e., approximately every 32 feet) to evaluate whether concentrations of
COCs (specific to each area) in soils remain at concentrations exceeding Cleanup Goals. Soil
HULL & ASSOCIATES, INC. S131062.400.0003
INDIANAPOLIS, INDIANA 5 JULY 2010
samples will be analyzed for the area - specific COCs in accordance with U.S. EPA Method 6010
(for lead); VOCs in accordance with U.S. EPA Method 82601IN Method 5035; TPH in
accordance with U.S. EPA Method 8015M; and /or SVOCs in accordance with U.S. EPA Method
8270 as appropriate. Rush turnaround times will be requested on laboratory analyses to allow
for expeditious decisions as to whether additional excavation is necessary, or whether the
excavations may be backfilled.
Should laboratory results of the initial confirmatory soil samples suggest that additional
excavation is necessary, Hull will coordinate with the excavation contractor to excavate and
dispose of additional soils as appropriate. Additional confirmatory samples will be collected in
the vicinity of any additional excavation to confirm that soils remaining at the Site meet Cleanup
Goals .
The horizontal and vertical extents of all excavations will be measured and surveyed using GPS
coordinates prior to backfilling.
Following receipt of laboratory analyses indicating that Cleanup Goals for COCs have been met,
the excavation will be backfilled to grade with clean fill material similar to the surrounding soils.
Compaction standards will not be specified. The excavated areas will then be capped with a
layer of topsoil and seeded.
3.4 Data Management
Because the excavation will likely be completed within several weeks, quarterly reports are not
anticipated. Following completion of the excavation, a soil remediation completion report will be
prepared and submitted to the City, U.S. EPA, and the Indiana Brownfields Program.
The report will generally follow the requirements of IDEM's RISC User's Guide and will include a
background of the Site, a description of the remedial actions completed at the Site, confirmatory
sampling results (including a comparison to Cleanup Goals), a description of the activities
completed to restore the Site to grade, and conclusions /recommendations as appropriate.
3.5 Proiect Schedule
The anticipated project schedule is as follows:
1) Approval of Soil Remediation Work Plan by Indiana Brownfields Program — month 0;
HULL & ASSOCIATES, INC. S61062.400.0003
INDIANAPOLIS, INDIANA 6 JULY 2010
2) Complete bid documents for excavation; publish bid request documents in local
publication(s); select contractor; prepare final contract documents; award contract —
month 1;
3) Implementation /completion of excavation /re mediation activities — month 2;
4) Submit soil remediation completion report — month 3.
3.6 Additional Project Documents
3.6.1 Quality Assurance Protect Plan
A Site - specific QAPP has been prepared by Hull pursuant to the City's RLF. The QAPP
was prepared by Hull & Associates, Inc. (SB1031.200.0004) for the USEPA Region 5
Hazardous Substances and Petroleum Brownfields Assessment Grants, submitted in
March 2006, approved on May 30, 2006, and later amended on April 23, 2009.
3.6.2 Site Health and Safety Plan
A Site - specific Health and Safety Plan (HASP) will be prepared prior to the
commencement of soil excavation activities. The HASP will provide for the safety of on-
Site workers involved in performing corrective actions at the Site in accordance with the
hazards that have been identified at the Site. The HASP will include detnik mvt?rinn thA
chemical and physical hazards at the Site, precautions and procedures to be followed in
conducting the work, and directions to medical care facilities in the event of emergency
or accident. The HASP will be prepared in accordance with the requirements set forth in
29 CFR 1910.120 and 1910.126.
HULL & ASSOCIATES, INC. SBI062.400.0003
INDIANAPOLIS, INDIANA 7 JULY 2010
4.0 REFERENCES
Amereco, Inc., Underground Storage Tank Removal, Four Quenching Oil Tanks, Studebaker
Area `A' Demolition Phase 1, VRP #6020803, prepared for J &L Management
Corporation, June 2006.
Hull & Associates, Inc., Phase I Environmental Site Assessment of the South Bend Area A
Properties Located South of Sample Street, East of Prairie Avenue, North of Conrail and
West of Franklin, South Bend, Indiana 46601, prepared for the City of South Bend
Redevelopment Commission, January 2001.
Hull & Associates, Inc., Report for an Initial Phase ll Environmental Site Assessment for the
South Bend Area A Properties, prepared for the City of South Bend Department of
Community and Economic Development, December 2001.
Hull & Associates, Inc., Letter Report Documenting the Additional Phase II Environmental Site
Assessment (ESA) Activities in the Southwest Portion of Area A (Former Studebaker
Automotive Manufacturing Facility), South Bend, Indiana, prepared for the City of South
Bend Department of Community and Economic Development, July 2003.
Hull & Associates, Inc., Quality Assurance Project Plan, prepared for the City of South Bend
Department of Community and Economic Development, March 2006 (updated April
2009).
Keramida Environmental, Inc., Soil Remediation Completion Report — Studebaker /Oliver
Redevelopment Project — Area A Stamping Plant Property, prepared for the City of
South Bend Department of Community and Economic Development and the Indiana
Development Finance Authority, May 2005.
HULL & ASSOCIATES, INC. S61062.400.0003
INDIANAPOLIS, INDIANA 8 JULY 2010
FIGURES
HULL & ASSOCIATES, INC. SBI062.400.0003
INDIANAPOLIS, INDIANA JULY 2010
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CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
DEPARTMENT OF PUBLIC WORKS
May 20, 2010
Mrs. Ann Kolata, Senior Redevelopment Specialist
City of South Bend
Department of Community & Economic Development
227 West Jefferson Blvd., 12th Floor
South Bend, IN 46601
NECEIVED
M4Y 2 1 1010
RE: Eligibility Evaluation for a Cleanup Application for Former Studebaker Stamping
Plant Property - St. Joseph County, Indiana Property Tax ID Number 18- 8021- 084901
(the Site)
Dear Mrs. Kolata:
I have reviewed a South Bend Cleanup Revolving Lon Fund (RLF) Preliminary
Application prepared by the City of South Bend Redevelopment Commission (the
Redevelopment Commission) for the Site. The Site previously housed the Studebaker
Stamping Plant which was demolished by the Redevelopment Commission in 2006 and
2007. The RLF has been awarded to the City of South Bend (the City) by the U.S. EPA
for the purpose of assisting with the cost of environmental cleanups and is administered
by the South Bend Board of Public Works. Furthermore, the funds applied for by the
Redevelopment Commission have been awarded to the City pursuant to the United States
American Recovery and Reinvestment Act (ARRA) grant program awarded to certain
eligible entities by the U.S. EPA. As part of my review I have also reviewed a phase I
Environmental Site Assessment (Phase I ESA) prepared by Hull and Associates, inc. for
the Site in January 2001. This Phase I ESA complies with ASTM Standard E 1527 -05,
which specifies All appropriate Inquiry (AAI) procedures.
Following completion of the Phase I ESA, Hull and Associates Inc. conducted an Initial
Phase II ESA. Several chemicals of concern (COCs) were identified in soils at
concentrations that need to be addressed. These include volatile organic compounds
(VOCs), semi - volatile organic compounds (SVOCs), total petroleum hydrocarbons
(TPH) and metals.
I understand that the Site was formerly operated as a stamping plant by the Studebaker
Motor Corporation until December 1963. It was subsequently sold to Allied Products
who operated the plant for several decades before selling the business to another
Department of Public Works
Engineering
Water Works
Central Services
Streets
Environmental Services
Gary A. Gilot, Director
Carl P. Littrell, P.E.
David Tungate
Matt Chlebowski
Sam Hensley
John J. Dillon, Ph.D..
574/235 -9251
574/235 -9251
574/235 -9322 1
574/235 -9316
574/235 -9244
574/277 -8515
Fax 574/ 235 -9171
Fax 574/ 235 -9171
Fax 574/ 235 -5595
Fax 574/ 235 -9007
Fax 574/ 235 -9272
Fax 574/ 277 -8980
company. Allied Products continued to own the property until they sold it to the
Redevelopment Commission in March 2002.
The Site is currently vacant as the Redevelopment Commission demolished
approximately 1.5 million square feet of buildings on the Site in 2006 and 2007. Some
remediation of the Site occurred at that time. However, several portions of the Site still
need remediation.
In consideration of the information provided by the City and the Redevelopment
Commission, and contained in Hull's Phase I ESA, the Redevelopment Commission
appears to be an eligible entity who has not contributed any contamination to the Site.
Furthermore, the Redevelopment Commission purchased the Site after completion of the
aforementioned Phase I ESA and initial Phase II ESA with the intent of assembling the
Site with adjacent parcels for a larger redevelopment effort. As the current owner, the
Redevelopment Commission has unfettered access to the Site. I have reviewed a copy of
the Phase I Environmental Site Assessment (ESA) to confirm that the following criteria
have been evaluated and are met:
1. the Site is not listed (or proposed for listing) on the national Priorities List
(NPL);
2. the Site is not subject to unilateral administrative orders, court orders,
administrative orders on consent, or judicial consent decrees issued to or
entered into by parties under CERCLA;
3. the Site is not subject to the jurisdiction, custody, or control of the United
States government;
4. the Site is not subject to planned or ongoing CERCLA removal actions;
5. the Site is not subject to unilateral administrative orders, court orders,
administrative orders on consent or judicial consent decrees or to which a
permit has been issued by the United States or an authorized state under
the Solid Waste Disposal Act (as amended by the Resource Conservation
and Recovery Act (RCRA)), the Federal Water Pollution Control Act
(FWPCA), the Toxic Substances Control Act (TSCA), or the safe
Drinking Water Act (SDWA);
6. the Site is not subject to corrective action orders under RCRA (sections
3004 (u) or 3008 (h)) and to which a corrective action permit or order has
been issued or modified to require the implementation of corrective
measures;
7. there are no land disposal units on the Site tht have filed a closure
notification under subtitle C of RCRA and to which closure requirements
have been specified in a closure plan or permis; and
N
EXHIBIT D
Hull
July 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: Budget Estimate for Implementation of a U.S. EPA Brownfields Cleanup Revolving Loan
Fund at the Former Allied Stamping Plant Property, South Bend, IN; SB1062.400.0005.
Dear Ms. Kolata:
The attached table presents Hull's updated cost estimate for the referenced project. The
estimate is based on Hull's estimated fees and costs estimated in the ABCA to implement the
proposed remedial action (as an engineer's estimate has not been finalized yet).
Please do not hesitate to contact me at (317) 517 -6506 or (800) 241 -7173 with any questions.
Sincerely,
Douglas G. Stuart, CHMM
Senior Project Manager
cc: W. Lance Turley, Hull
6435 Castleway West Drive, Suite 119, Indianapolis, Indiana 46250
800.241.7173 614.793.9070 fax www.hullinc.com
8. there are no known releases of polychlorinated biphenyls (PCBs) such that
they are subject to remediation under the Toxic Substances Control Act
(TSCA).
In addition the Site was previously determined to be eligible by the U.S. EPA for a
Brownfield Cleanup Grant (BF- 965293 -01). This grant was used for groundwater
remediation of a source area prior to the demolition of the stamping plant buildings.
Please contact me if you have any questions about our findings from review of the
cleanup grant application or the Phase I ESA.
Sincerely,
4 "A J�r
Gary A. Gilot
Director of Public Works
City of South Bend
3
EXHIBIT E
I�1!111
July 15, 2010
Ms. Ann Kolata, Senior Redevelopment Specialist
City of South Bend
Department of Community & Economic Development
227 West Jefferson Blvd, 12"' Floor
South Bend, Indiana 46601
RE: Project Schedule for Implementation of a U.S. EPA Brownfields Cleanup Revolving Loan
Fund at the Former Allied Stamping Plant Property, South Bend, IN; S61062.400.0004.
Dear Ms. Kolata:
The table below presents the anticipated schedule for the referenced project, from U.S EPA
and IDEM /Indiana Brownfields Program approval through final reporting. Please note that the
schedule for items beyond the date of this correspondence (i.e., following completion of bid
specifications and contract documents) is projected and may be subject to minor changes
depending on the meeting schedule of the Board of Public Works, the availability of the
contractor selected to implement the remedial activity approved for the site, and other related
factors.
Please do not hesitate to contact me at (317) 517 -6506 or (800) 241 -7173 with any questions.
Sincerely,
Douglas G. Stuart, CHMM
Senior Project Manager
cc: W. Lance Turley, Hull
6435 Castleway West Drive, Suite 119, Indianapolis, Indiana 46250
800.241.7173 614.793.9070 fax www.hullinc.com
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EXHIBIT F
. EPA Summary of
OMB's December 18, 2009 Updated Guidance on Reporting of Job Estimates
To be posted at http: / /www.epa.gov /recovery
OMB issued Updated Guidance on the American Recovery and Reinvestment Act —Data
Quality, Non - Reporting Recipients, and Reporting of Job Estimates" (memorandum M- 10-08)
on December 18, 2009. Part 2 of this memorandum updates Section 5: Reporting on Jobs
Creation Estimates by Recipients (OMB memorandum M- 09 -21. June 22, 2009). The revised
guidance is posted at http: /hvww.whiteliouse eov /ombiassets /memoranda 2U1O /m 10-08. pdf.
Below are some of the key highlights and content of the guidance to assist EPA's recipients in
estimating jobs created and retained. This summary does not include all of the issues raised in
OMB's guidance and we recommend that recipients also review the full OMB memorandum.
Because this new guidance modifies previous definitions and calculations, EPA has removed
prior supplemental jobs guidance from this website.
Key highlights
The definitions of jobs created or retained have changed. Previous guidance required
recipients to make a subjective judgment on whether a given job would have existed were it
not for the Recovery Act. The updated guidance eliminates this subjective assessment and
defines jobs created or retained as those funded by the Recovery Act. See sections 5.45.2
key principle #2, and 5.9 of OMB's guidance for more detail.
The job estimate calculation has changed; recipients will now report job estimate totals by
dividing the hours worked in the reporting quarter (i.e., the most recent quarter) by the full -
time schedule hours in that quarter. Recipients will no longer be required to sum across
multiple quarters of data as part of the FTE formula. See sections 5.1 and 5.3 of OMB's
guidance for more detail.
Effective February 2, 2010, FederalReporting.gov will be open for continuous corrections of
data for the most recent quarter. Recipients will have the ability to make corrections up until
the start of the next reporting period (e.g., Recipients will be able to make corrections until
March 31, 2010 to data for the quarter ending December 31, 2009.) See sections 5,2, key
principle #12 and 5.10 of OMB's guidance for more detail.
• For corrections to prior quarters, recipients shall maintain within their administrative
records comprehensive information on any and all necessary corrections to prior
quarter data. Recipients will be required, at a time and process to be specified in the
future, to submit this information to the Federal government.
• The clarifications in OMB's December 18 guidance are not retroactive to the quarter
ending September 30, 2009. Any corrections to job estimate totals for the quarter
ending September 30, 2009 should rely on the definition of jobs created or retained in
the June 22, 2009 OMB Memorandum 09 -21.
OMB's guidance includes:
• 12 key principles for recipient estimates of jobs created and retained (section 5.2)
• Methodology for estimating jobs created and retained with examples (section 5.3)
TotdWm ber of H= Wodmd and Fended by Recovery Actw&m Reporting Quarha
a�
Quarterly Hours m a FuMmne Sche&k
EPA Summary of
OMB's December 18, 2009 Updated Guidance on Reporting of jab Estimates
To be posted at http: / /www.epa.gov /recovery
Step by step instructions and examples for calculating estimates of jobs created and retained
(section 5.4)
1. Assess which hours worked should be included in the FTE calculation (the numerator of
the FTE calculation). Use payroll information to include only funded jobs; i.e. those for
which the wages or salaries are either paid for or will be reimbursed with Recovery Act
funding.
2. Represent the full -time schedule in hours, for the reporting quarter (the denominator of
the FTE calculation — for a 40 hour work week, the denominator will be 520 hours)
3. Enter the calculations for the numerator and denominator into the FTE formula to
calculate the "Number of Jobs"
Additional instructions for jobs partially funded by the Recovery Act
• The recipient should assess what portion of each employee's hours worked are funded
by the Recovery Act. If the recipient knows the overall portion of Recovery Act funds
used to pay the salary of its employees, but does not have that information for each
individual employee, the recipient should adjust the job estimate based on the
proportion of funding associated with the Recovery Act. See section 5.5 for detailed
examples.
• If the employees were hired for a defined period of time (e.g., one year) with a plan to
use both Recovery Act and non - Recovery Act funds to pay their salaries, the recipient
should adjust their FTE estimate by the share of the overall project funded by the
Recovery Act, regardless of when the Recovery money was spent. See section 5.8.
• If the employees were hired for an indefinite period, each quarter the recipient must
determine the percentage of work hours (if any) funded by the Recovery Act for that
quarter. See section 5.8.
Additional instructions for jobs paid initially with non- Recovery Act dollars. Jobs paid
initially with non - Recovery Act dollars may be reported as created or retained as long as
such dollars eventually will be reimbursed with Recovery Act funds. See section 5.9.