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HomeMy WebLinkAboutNo. 2699 approving/authorizing the execution of an addendum to the Master Agency Agreement (Phase II Environmental Site Assessment at Former South Bend Lathe & Huckins Sites)• RESOLUTION NO. 2699 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 Former South Bend Lathe & Huckins Sites) 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 the former South Bend Lathe & • Huckins Sites 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 the Former South Bend Lathe & Huckins Sites) 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 Commission 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 ADEVELOPMEN4-� Marcia I. Jones O resident South Bend Redevelopment Commission //ATTEST: . Varner, Vice Presi e t South Bend Redevelopment Commission 0 ADDENDUM TO MASTER AGENCY AGREEMENT (Phase II Environmental Site Assessment at Former South Bend Lathe & Huckins Sites) This 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 the former South Bend Lathe & Huckins Sites (the "Project "). WHEREAS, effective January 1, 2010, the Commission and the BPW entered 0 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 the former South Bend Lathe & Huckins Sites 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 specifically described in "Exhibit A ", attached hereto and made a part hereof. i2. All of the terms 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 Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT 0 South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: 0 Linda Martin, Clerk • • • Exhibit "A" Phase II Environmental Site Assessment at Former South Bend Lathe & Huckins Sites Project: Additional Soil Sampling at former South Bend Lathe and Huckins Sites, 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 #6020803 (Area A Soils) The projected budget for these Phase II activities is not to exceed $42,694 and will be funded through the Airport Economic Development Area Tax Increment Finance Budget. 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 the Former South Bend Lathe and Huckins Tool & Die Properties of the Former Studebaker Complex Located in South Bend, Indiana (the Site); SB1060.400.0001 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: 1. Areas of the referenced parcels at the Site where samples collected during removal of underground storage tanks (USTs) indicated that chemicals of concern (COCs) remain in soils at concentrations exceeding the Indiana Department of Environmental Management (IDEM) 1996 Voluntary Remediation Program (VRP) Nonresidential Tier II Cleanup Goals; and 2. The vertical and horizontal distribution of COCs in surface and subsurface soils where the IDEM 1996 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 former South Bend Lathe (Lathe) and Huckins Tool & Die ( Huckins) parcels require additional assessment activities toward the end of preparing a VRP Remediation Work Plan for the Site. The areas that apply to the proposed additional Phase II ESA activities at the Lathe and Huckins parcels are further described below. The number of soil borings proposed in each area is also included in the descriptions below. Soil Boring SB -01 (Lathe) - This historical soil boring is located in the east central portion of the former Lathe building. Elevated concentrations of total petroleum 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 S131060.400.0001 Page 2 hydrocarbons (TPH) extended range organics (ERO) were detected in soil samples collected from this boring. Five soil borings are proposed to delineate the vertical and horizontal distribution of TPH -ERO in the vicinity of this boring. Soil Borings SB -SA1 through SB -SA3 (Lathe) — These historical soil borings are located in the northwest portion of the former Lathe building. Elevated concentrations of TPH -ERO were detected in soil samples collected from these borings. Five soil borings are proposed to delineate the vertical and horizontal distribution of TPH -ERO in this area. Former UST 72 -A (Lathe) - One soil sample collected during the closure of this UST exhibited a concentration of TPH -ERO exceeding the soil migration to groundwater pathway. Five additional borings are proposed to delineate the vertical and horizontal distribution of TPH -ERO in this area. Former UST B -1 (Huckins) — Three soil samples collected during the closure of this UST exhibited elevated concentrations of TPH -ERO. An additional five soil borings are proposed to delineate the vertical and horizontal distribution of TPH -ERO in this area. Specific Scope of Phase H 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 & Safety Plan; Project Management Hull has reviewed a significant volume of historical documentation to develop this Scope of Work and clarified certain data with Weaver -Boos Consultants, LLC, the City's consultant charged with oversight of environmental matters during demolition activities at the Site. Hull will also generate a Site - specific health & safety plan that will be followed during implementation of the Phase II ESA Scope of Work. This task includes time to coordinate with the laboratory retained by the demolition contractor for electronic data deliverables of analyses conducted during demolition and sampling activities. Finally, 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 20 ft. below ground surface (bgs); 2. analysis of one surface sample and, as applicable, one subsurface soil sample per soil boring - collected using a direct -push drilling rig — and to be tested for: up to 49 samples collected at 20 soil borings, including quality assurance /quality control (QA/QC) samples, for TPH -ERO analyses using Method SW 846 8015M; • up to 32 samples collected at 20 soil borings, including QA/QC samples, for Ms. Ann Kolata June 15, 2010 SB1060.400.0001 Page 3 VOCs using Indiana Modified Method 50351; Soil Samalina Procedures Soil sampling will be conducted using a direct -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 Letter Report Preparation 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: 1. 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; 3. 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. 1 Although VOCs have not been detected at concentrations exceeding VRP Tier II Nonresidential Cleanup Goals at these locations, they have been detected in these areas at lower concentrations; samples will only be submitted for VOC analyses if evidence of VOC impacts (e.g., elevated PID readings) is observed during soil boring installation. Ms. Ann Kolata June 15, 2010 SB1060.400.0001 Page 4 Task 4 Revised Remediation Work Plan Preparation Hull will prepare a revised Remediation Work Plan (RWP) in accordance with IDEM VRP requirements. The revised RWP will incorporate all historical data 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 II I non - default cleanup goals is not necessary. SCHEDULE Hull will enter into the Phase II ESA investigation within four to six weeks of receiving authorization to proceed by the City. Hull anticipates that field activities will be completed in one week. Based on standard turnaround times, Hull will receive chemical analytical results from the laboratory within two to three weeks of completing fieldwork. Hull 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 an Interim Remediation Work Plan for the Huckins and Lathe Sites to the IDEM is September 30, 2010, and will endeavor to meet that deadline. COMPENSATION A breakdown of costs is presented in Table 1 (Attachment B), which describes a not -to- exceed amount for the project of $42,694 for the Phase II Site Assessment and report preparation 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 49 soil samples, plus QA/QC samples for chemical analysis; 2, calculation of VRP Tier III Cleanup Goals as part of the Remediation Work Plan; and Ms. Ann Kolata June 15, 2010 S131060.400.0001 Page 5 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) 558 -0558 if you have any questions. Sincerely, Douglas G. Stuart, CHMM Senior Project Manager W. Lance Turley Principal DGS/ WLT ct: Hull File Copy 0 • t L.J ATTACHMENT A Tables �J • • Labor Task 2 Intrusive Phase II Investigation of Soil Labor Subcontractor Costs (including markup) Equipment Supplies Miscellaneous Costs Task 3 Letter Report Preparation Labor Miscellaneous Costs Task 4 Remediation Work Plan Preparation Labor Miscellaneous Costs HULL & ASSOCIATES, INC. INDIANAPOLIS, INDIANA Estimated Cost $ 6,220 Task 1 Subtotal $ 6,220 $ 6,560 $ 14,949 $ 840 $ 205 $ 1,100 Task 2 Subtotal $ 23,654 $ 3,680 $ 150 Task 3 Subtotal $ 3,830 $ 8,740 $ 250 Task 4 Subtotal $ 8,990 TOTAL PROJECT BUDGET $ 42,694 JUNE 2010 SBI060.400.0001 • • t Hq inc. TABLE 2 2010 BILLING RATE SCHEDULE ... .., Senior H dro eolo ist $100.00 - $140.00 Management Principal Staff $150.00 - $200.00 Senior Project Manager $120.00 - $175.00 Project Manager $100.00 - $140.00 Government & Community Relations $ 80.00 - $150.00 Project Scientist $ 85.00 - $115.00 Civil / Environmental Senior Engineer Engineering $100.00 - $140.00 Project Engineer $ 90.00 - $120.00 Engineer 2 $ 70.00 - $100.00 Engineer 1 $ 65.00 - $ 85.00 GIS Specialist $ 50.00 - $ 80.00 Electrical Engineering Senior Engineer I $100.00 - $140.00 Project Engineer $ 90.00 - $120.00 Electrical Engineer 2 $ 80.00 - $110.00 Electrical Engineer 1 $ 70.00 - $ 90.00 Senior Electrical Designer $ 95.00 - $115.00 Electrical Designer 2 $ 85.00 - $105.00 Electrical Designer 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 Support GIS -Manager 1 $ 80.00 - $120.00 GIS Specialist $ 50.00 - $ 80.00 Senior Designer $ 80.00 - $110.00 Designer $ 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 S61060.400.0001 • • 0 ATTACHMENT B Task Order t • HULL & ASSOCIATES, INC. TASK ORDER NO: 001 HULL PROJECT CODE: SBI -060 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: 1. Complete a data gap evaluation and historical data summary of the former Allied Stamping Plant, Huckins Tool & Die, and South Bend Lathe properties located in South Bend, Indiana [collectively, the Studebaker (Area A) Site] as described in Hull's June 15, 2010 proposal (Hull Document #SB1060.400.0001); 2. Conduct a Phase II Environmental Site Assessment, including the installation of soil borings, laboratory chemical analyses, and the retention of the services of a drilling subcontractor as described in Hull Document #SB1060.400.0001; 3. Preparation of a letter report summarizing the activities in Task 2 above as described in Hull Document #SB1060.400.0001; and 4. Preparation of a revised Remediation Work Plan for soils at the Site as described in Hull Document #SB1060.400.0001. NUMBER OF COPIES OF DELIVERABLE: 3 ESTIMATED TOTAL COST: $42,694 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 SBI060.400.0001