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HomeMy WebLinkAboutProfessional Services Agreement - Indiana Finance Authority Indiana Brownsfield ProgramBOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date -September 17 2019 Name Chris Dressel Department DCI . . BPW Date Phone Extension 5847 ua......minunininiwWMIMMEeowxfl �w­Z'Ng M%�'_ ....��_.._._� __ ��.............�w.� � �... ...... �. .,,,,,. ..._.. ��._ .l(�qu�rocPrior or to Submittal to Board ......... ��� . � � .� Y..... BPW Attorney ❑ Attorney Name Dept. Attorney Attorney Name Sandi Kennedy _..... ..... Purchasing ❑l Check the Professional Services Agreement Open Market Contract ❑ Bid Opening Quote Opening Proposal Opening ❑ Chg. Order, No. E] Other: Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description pi'o )ri to Item TT Contract ?uired,Jr All Submissions E] Amendment/Addendum Bid Award EJ Quote Award Q' C/O & PCA No. Traffic Control Required Information Proposal LJ Special Purchase, QPA Req. to Advertise ❑ Title She( Reject Bids/Quotes PCA Resolution Ease./Encroach Indiana .. Indiana ..fields Program E] Yes] If Yes, �Appro Approved f No MBE [� WBE Completed E-Verify Form Attached Ej Nos Environmental Project Financial Assistance Agreement F --�� ementa E � ,1 ww m ........ � .. Environmental assessment cleanup and remediation of property at 534 Laporte through funds granted by Indiana Brownfields Program / Indiana Finance Authority For Change Orders . .. ._.........-------- Only AIncrease $ Amount of �....... ... --------------- Decrease ($ ) Previous Amount $ Increase /o Current Percent of Change: Decrease % New Amount $ .........................�............................_� Increase....W %.... Total Percent of Change: Decrease Time Extension Amount: New Completion Date: MEEMIU-10a Ve MIN,] k1wTv This Financial Assistance AYrcenlent entered into by and arnong the Indiana Finance Authority the Supplemental Environniental Project ("SE[17) Recipient ("SEP Recjp7ienf') (as denoted on the attached Master Schedule, which is incorporated herein by 'this reference, "Master Schedule"), and the Consultant named in the attached "Consultant Suppl=letlt" (When such SUpplCulent has been executed and delivered to the Authority as set forth in Section 3A herein), is executed pursuant to the terins and conditions set Forth herein arid shall be effective as of the date of the last aignature of a party ("Effective Date"), In consideration of the mutual covenants, obligations and stipulations set forth in this A 1-1reernent, the parties agree as ft) I lows: 1. PURPOSE OF THIS SEP AGREEMENT: The purpose of this Agreement is to make a conditional arani in the amount not to exceed the Suppterncntal Environnienial Pro cct Funds ("SEP J I Funds") (as denoted in The Master Schedule as modified froni time to titne') held in as sub -account of the Environmental Remediation Revolvinc, Loan Fund ("Brownfields Fund") for the benefif of the SEP Recipient to provide for the payment of eligible COStS arid CXPWISCS iflCUITed by the SEP Recipient in the completion of all activities, work, services and report,,; required to be undertaken pursuant to this Agreement ("Project Activities") including as outlined in the Scope of Work, attached hercu) as EKhftjt A of this Agreement, at the site denoted in the attached Master Schedule ("Si�te"), SEP Funds shall be used exclusively :in accordance with this Agreement and in accordance with Ind. Code 13-19-5 et � p(tile "Act"), The SEP Funds are being made available to the SEP Recipient as the result of a Settlement Agreement executed between the Indiana Department of Environniental Managerrient ("IDE') and Honeywell International, Inc cifbial 11oneywell, Aircraft Landing S Zysterns Division in Case No, 2017-2472644 dated April 12, 20l8, As used in this Ag'reenient, `Project Activities" means those activities, including, but not limited to assessment and/or remediation activities, than are generally described in the Scope of Work in L-,xhibit A. of this Aol-eernent, 2. TERM OF AGREEMENT; CONILPLETION OF PROJECT ACTIVITIES: A. This Agreement shall be effective as of the ElTective Date for the Terril -set forth in the Master Schedule, unless modified or extended pursuant to the provisions of this Agreement. B. Within 2 years from the Effective Date or, if sooner, by each activity -based deadline other -wise noted in any Scope of Work or Workplan attached as Exhibi (cacti Completion Deadline Date"), all Pro' _ LA a " Activities must be completed to the satisfaction of`" the Authority consistent with its rules, regulati .)cct ons, policy memoranda, guidelines and directives applicable to a SEP protect as modified front tirne to time by the Authority's board ("Guidelines") attached as Exhibit..B. 'The SEP Recipient rnay request that any such Completion Deadline Date be extended. If approved by the Authority, the Coripletion Deadline Date will be extended to the date set forth in such approvak however, all other provisions of" this Agreement shall remain the same and in full force and effect, Additionally, in the event the Authority determines that the SEP Recipient or the selected environmental consultant(s) (-Constiltluit-) is not working with reasonable dispatch toward completing its Rr(flcct Activities Linder this Agreement, the Authority may unilaterally fix and determine the new Completion Deadline Date to be arty date that is at least 90 days, aller the date notice is given by the Authority to the SEP Recipient, provided that such new Completion Deadline Date is no sooner than I year after the Effective Data. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. 3. CONSULTANT; DUTIES, RESPONSIBILITIES OF SEP RECIPIENT: A. Consultant The parties acknowledge that a proposal for any Project Activities is to be solicited and awarded in accordance with the Guidelines. The SEP Recipient shall select and engage a consultant to perform the Project Activities and obligations of the Consultant by causing such party to enter into the Consultant Supplement with it in the form attached as Exhibil C, and upon acceptance of the Consultant Supplement by the Authority (which acceptance shall not be unreasonably withheld or delayed), such Consultant shall be obligated as a parry to this Agreement as if the Consultant had collectively entered into this Agreement with the Authority and the SEP Recipient on and as of the Effective Date. Further, in addition to any Consultant obligated pursuant to an initial Consultant Supplement as set forth in the preceding paragraph, the parties may solicit and award additional Project Activities to an additional consultant (that may be the same entity as, or a different entity from, the initial Consultant) upon receipt and selection of a further accepted bid, work order, construction contract, proposal or other writing evidencing the binding terms pursuant to which Project Activities will be undertaken from a qualified consultant(s) (each an "Additional Consultant") pursuant to normal Guideline bid procedures including entering into another Consultant Supplement (each an "Additional Consultant Supplement") in the same manner as set forth in the preceding paragraph applicable to the initial Consultant. Any such additional Project Activities (including the selection of any Additional Consultant) must be approved by the Authority. If any Additional Consultant Supplement is entered into with any such Additional Consultant, such Additional Consultant shall be obligated under this Agreement with respect to such additional Project Activities in the same manner as otherwise applicable to the initial Consultant (and each reference in this Agreement to Consultant shall mean and include such Additional Consultant), but only with respect to the respective Project Activities the Consultant is obligated to perform. The initial Consultant shall be obligated under this Agreement with respect to its related Project Activities and the Additional Consultant shall be obligated under this Agreement with respect to its related additional Project Activities. B. Work to be Performed A copy of the approved scope of Project Activities as proposed to be undertaken by the SEP Recipient's Consultant, together with any subsequent approved amendments, shall become part of this Agreement as Ex1fllait A. The SEP Recipient shall contract to have performed all such Project Activities as specified in ExhibitA. The scope of Project Activities described may be modified in a material way only if approved by the Authority. Notwithstanding any review, approval, inspection or other activity related to the Project Activities undertaken (or to be undertaken) by the Authority, the SEP Recipient shall be solely responsible for the proper design, implementation and other activities related to the Project Activities and their compliance with applicable Federal, State and local laws, including ordinances, regulations and rules and other legal authority, to which the Authority, the SEP Recipient are subject inclusive of the Act ("Law"). C. Budget Detail The SEP Recipient has submitted, or shall cause to be submitted, a budget proposed by its Consultant. That budget, including any changes mutually agreed to by the parties to this Agreement, is part of Exhibit A. The SEP Recipient shall not spend more than the amount to be reimbursed with SEP Funds allocated in any category, as described in Exhibit off, without the consent of the Authority. The SEP Recipient understands that the Authority shall not be required to reimburse more than the available SEP Funds. D. Public Bidding Required The SEP Recipient must demonstrate services to be reimbursed with SEP Funds have been competitively bid. Professional services need to be procured in compliance with IC 5-16-11.1, and activities other than professional services are required to be procured in compliance with IC 36-1-12. By signing a Disbursement Request Form when seeking reimbursement from the Authority, the SEP Recipient will be affirming that the invoiced services submitted for payment were bid pursuant to Indiana law. 8 E. Notifications The SEP Recipient is responsible for providing notice to the Authority of the date and times upon which Project Activities will be performed. Communication of any changes to the date and times of Project Activities is also the responsibility of the SEP Recipient. Notice to the Authority by the SEP Recipient's Consultant, on behalf of the SEP Recipient, will also be accepted as compliance with this notification requirement. F. Consent of Landowner The SEP Recipient represents to the Authority that it, its agents and the Authority have the right to enter the Site and to perform or cause to be performed the Project Activities throughout the term of this Agreement. In the event the Site is not owned by the SEP Recipient, the SEP Recipient has obtained a letter of consent from the appropriate and duly authorized person or persons that the SEP Recipient, its agents and the Authority have the right to access the Site to perform the Project Activities throughout the term of this Agreement. Such consent, if necessary, is attached as Exhibit D to this Agreement and is incorporated herein by this reference. G. Reports, Records, Evaluations, Inspections (1) The SEP Recipient shall document all uses of SEP Funds and maintain adequate books and accounts in accordance with generally accepted accounting principles or generally accepted governmental accounting principles, as applicable, consistently applied. (2) The SEP Recipient shall submit to an audit of the SEP Funds paid pursuant to this Agreement and shall make all books, accounting records and other documents available to the Authority and its agents, employees, officers and representatives at any reasonable time to inspect, audit and Z:1 examine such books and accounts. The SEP Recipient agrees to cooperate fully with any such inspection, audit or examination. (3) The SEP Recipient agrees to submit to the Authority at any time and from time to time such records and reports as may be required by the Authority, including evidence of payment(s) made to the Consultant. (4) The SEP Recipient agrees to submit to the Authority copies of periodic reports and other documents prepared by or for the SEP Recipient and any environmental reports describing the completed Project Activities (including incorporating any Authority sanctioned comments and responses to any report) and otherwise generated related to the Project Activities. Z, (5) The SEP Recipient shall continue to submit technical reports and documents as requested by the Authority until the Authority has received the final report, and the Authority is satisfied that the Project Activities performed are consistent with the Authority's Guidelines and the approved scope of Project Activities in Exhibit A as proposed by the SEP Recipient and the SEP Recipient's Consultant. (6) Within thirty (30) days following the Authority's final disbursement under the Agreement, the SEP Recipient shall submit to the Authority a completed "Brownfields Project Survey" form (current form attached as Exhibit E) available online at htt ficl�ds,2354�h!m. The Brownfields Project Survey form will provide JL— --I-- the Authority with current information regarding remediation and redevelopment plans for the Site and should be expected to be updated by the SEP Recipient on a periodic basis in the future until redevelopment at the Site is complete. (7) The Authority or its authorized representative(s) may, with reasonable notice to the SEP Recipient, enter the Site for the purpose of conducting any activity related to implementation of the Project Activities required by this Agreement ("Oversight Activities"), including, but not limited to, the following activities: I (a) monitoring the work; (b) verifying any data or information submitted to the Authority; (c) conducting investigations relating to contamination at or near the Site; (d) obtaining samples; (e) assessing the need for, planning, or implementing additional response actions at or near the Site; (f) assessing implementation of quality assurance/quality control and/or health and safety practices; assessing the SEP Recipient's and its Consultant's compliance with this Agreement; and (g) determining whether the Site or other property is being used in a manner that is prohibited or restricted, or that may need to be prohibited or restricted, by or pursuant to this Agreement. The SEP Recipient will ensure the cooperation of the SEP Recipient's and its Consultant's employees in any Oversight Activities including causing the Consultant to take all reasonable action necessary to correct or cure any problems or deficiencies identified by the Authority or its authorized representative(s) during its Oversight Activities or at any point during implementation of the Project Activities. During any Project Activities and Oversight Activities at the Site, all parties to this Agreement will adhere to the requirements of the health and safety plan, which shall be specific to the Site, prepared by the Consultant. The SEP Recipient's Consultant is solely responsible for enforcing such plan. Notwithstanding any provision of this Agreement, the State retains all of its access authorities and rights under IC 13-25-4-5, IC 13-24- 1, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and any other applicable statutes or regulations. 4. PAYMENT OF SEP FUNDS: A. General Subject to other provisions of this Agreement and consistent with the Payment Guidelines in effect as of the Effective Date, which applicable parts thereof have been attached as Exhibit '' to this Agreement and is incorporated herein by this reference, or as such Payment Guidelines are later modified by the Authority so long as any such modifications do not materially affect the amount or timing of any such payments, the Authority agrees to pay the SEP Funds to the SEP Recipient in one or more installments following completion of Project Activities and submission to the Authority of invoice(s) detailing costs and expenses incurred by the SEP Recipient or its Consultant in the completion of Project Activities. & Limitation on Amount of SEP Funds No costs may be incurred by the SEP Recipient or its Consultant prior to the Effective Date of this Agreement without the consent of the Authority. All costs and expenses incurred by the SEP Recipient or its Consultant must be directly related to the conduct of approved Project Activities. Notwithstanding anything in this Agreement to the contrary, the Authority shall not be obligated to provide more than the SEP Funds provided under this Agreement. C, Schedule, Timeliness of Payments To facilitate payment timeliness for all the parties, the Authority will distribute SEP Funds to the SEP Recipient, as described in this Section, no later than 45 business days from the Authority's receipt of a completed progress milestone report submitted by the Consultant evidencing completion of the Project Activities. A progress milestone report shall be comprised of (1) narrative and, if applicable, photographic descriptions of work performed, including any other information requested by the Authority; and (2) appropriate technical data including laboratory results and other measurements from all field sampling performed subsequent to the previous progress milestone report, if any. Upon the Authority's favorable review of the progress milestone report and upon receipt of a disbursement request from the SEP Recipient, the Authority shall make a disbursement of the SEP Funds to the SEP Recipient. Upon receipt of a disbursement by the Authority, the SEP Recipient will make payment to 4 the Consultant within 21 business days in the same amount as the Authority's disbursement. Nothina in this Section shall prevent the Authority in its discretion from distributing (1) part of the SEP Funds to the SEP Recipient following the Authority's receipt of a completed progress milestone report submitted by the Consultant evidencing completion of part of the Project Activities or (2) all of the SEP Funds to the SEP Recipient following the Authority's receipt of a disbursement request, subject to the Authority's reviewing any such matters after later completion of all or part of the Project Activities. D. Limitation of Use of SEP Funds In the event contaminants of concern ("Unknown Contaminants"), in any media (or in any containers) are discovered, the Authority is under no obligation to fund the cost of addressing any issues caused and/or threatened by such Unknown Contaminants. In the event that additional activity related to such Unknown Contaminants is deemed necessary or beneficial by the Authority and the SEP Recipient, such supplemental activity may be considered for reimbursement by the Authority only following the acceptance by the Authority of (a) the Consultant's change order, which order shall describe the nature and cost of the proposed additional activity, or (b) an Additional Consultant pursuant to an Additional Consultant Supplement in the manner as set forth in Section 3A herein. A. General Notwithstanding any provision of this Agreement to the contrary, in the event any Project Activities (including satisfaction of any Investment requirement, if applicable) are not completed to the satisfaction of the Authority consistent with this Agreement by any Completion Deadline Date or the SEP Recipient is adjudged, by final, non -appealable order, to be a party responsible for causing or contributing to the contamination being addressed with SEP Funds, the SEP Recipient acknowledges, understands and agrees that it will be obligated to repay an amount equal to the SEP Funds disbursed to or for the benefit of the SEP Recipient ("Repayment Amount"). & Repayment Amount Greater Than or Equal to $25,000 A Repayment Amount greater than or equal to $25,000 shall commence with an initial repayment to be made by the SEP Recipient to the Authority on that date which is the first day of the fourth calendar month that follows the second annual anniversary of the Effective Date, and shall continue quarterly thereafter on the first day for the next 19 quarters. Each of such 20 payments shall be approximately equal in amount and shall in total equal the Repayment Amount. If requested by the Authority, the SEP Recipient agrees to execute a note (in a form approved by the Authority) payable to the Authority (or its designee) in a principal sum and with such terms to evidence its obligation under this Section and to deliver the same to the Authority within 14 days after being presented with such a note. The SEP recipient may also pay the Repayment Amount to the Authority in full at any time prior to the end of the five-year repayment period. C. Repayment Amount Less Than $25,000 A Repayment Amount less than $25,000 shall be repaid in full by the SEP Recipient on or before that date which is the first day of the fourth calendar month that follows the second annual anniversary of the Effective Date. If requested by the Authority, the SEP Recipient agrees to execute a note (in a form approved by the Authority) payable to the Authority (or its designee) in a principal sum and with such terms to evidence its obligation under this Section and to deliver the same to the Authority within 14 days after being presented with such a note. The SEP Recipient may also pay the Repayment Amount to the Authority in full at any time prior to the payment deadline under this paragraph. If the Authority, through monitoring or reviewing of the Project Activities or otherwise, determines that the SEP Recipient is not performing or completing the Project Activities in accordance with its obligations under this Agreement, the Authority may inform the SEP Recipient of such determination. The SEP Recipient acknowledges and agrees that if it does not (a) use the SEP Funds as agreed or (b) correct any reasonable non-compliance determination by the Authority within a reasonable time, it shall forfeit any right to additional disbursements and will be obligated to repay to the Authority previously disbursed SEP Funds pursuant to the terms of Section 5 of this Agreement. 7. ENVIRONMENTAL REPRESENTATIONS:. The SEP Recipient represents and warrants that: Aa the SEP Recipient did not generate or transport hazardous substances, pollutants, or contaminants at or to the Site; B. the SEP Recipient did not own the Site or operate any facility at the Site at the time of disposal of hazardous substances, pollutants and contaminants at the Site; C. all disposal of hazardous substances, pollutants and contaminants at the Site occurred before the SEP Recipient acquired the Site (if applicable); D, the SEP Recipient has not caused, contributed to or exacerbated the release of hazardous substances, pollutants or contaminants on or from the Site; and E. the SEP Recipient nor and any other entity involved in redeveloping the Site is a financially viable party that is potentially liable to remediate on -Site contamination unless the SEP Recipient or such stakeholder demonstrates the applicability of an exemption from liability under applicable State law. Furthermore, if the SEP Recipient or any other entity involved in redeveloping the Site is adjudged, by final, non -appealable order within 10 years of the date of this Agreement, to be a party responsible for the contamination being addressed with SEP Funds, the SEP Recipient shall forfeit any right to additional disbursements and will be obligated to repay to the Authority previously disbursed SEP Funds pursuant to the terms of Section 5 of this Agreement. 8. STOP WORK ORDER: The Authority may order the SEP Recipient and its Consultant to stop all Project Activities immediately in the event of a demonstrated imminent and substantial threat to human health or the environment at or near the Site. In the event that such an order is issued, the Consultant will submit to the Authority an estimate of additional costs, if any, which result from the order. If the Authority determines that Site conditions resulting in the stop work order were not caused by the Consultant or a subcontractor to the Consultant through disregard for conditions that would be reasonably expected at similar remediation sites, or through a negligent act or omission by the Consultant or a subcontractor to the Consultant, then the Consultant will be eligible for reimbursement of reasonable additional project costs through a supplemental disbursement to the SEP Recipient. Any supplemental disbursement must be authorized by the Authority. 9. GOVERNING LAW: This Agreement shall be construed in accordance with and governed by the laws of the State and any suit must be brought in the State. 10. COMPLIANCE WITH LAW: All Project Activities shall be performed in compliance with this Agreement and all Guidelines and Law. The SEP Recipient acknowledges that this Agreement is subject to all requirements of applicable Law. The SEP Recipient agrees to be solely responsible to ensure that the use of the SEP Funds is in compliance with all Law. The SEP Recipient acknowledges and agrees that the SEP Recipient is subject to repayment of SEP Funds for failure to comply with this Agreement and the Law. Without limiting the generality of the foregoing, the SEP Recipient acknowledges, certifies, represents, warrants and agrees as follows: (1) The SEP Recipient shall require that it, its Consultant and their agents shall abide by all ethical requirements that apply to persons who have a business relationship with the Authority or the State of Indiana ("State"), as set forth in Indiana Code 4-2-6 et sue, the regulations promulgated thereunder, Executive Order 04-08, dated April 27, 2004, Executive Order 05-12, dated January 10, 2005, and 25 Indiana Administrative Code 6, effective January 1, 2006. If the SEP Recipient or the Consultant, or any of their agents, is not familiar with these ethical requirements, they should refer any questions to the State Ethics Co fission, or visit the State Ethics Commission website at , ' Jn gov/et➢trt ��" ,', If the SEP Recipient, its Consultant or their agents violate any applicable ethical standards, the Authority may, in its sole discretion, terminate this Agreement immediately upon notice to the SEP Recipient. In addition, the SEP Recipient may be subject to penalties under Indiana Code 4-2-6-12, 4-2-7, 35-44-1-3 and under any other applicable laws. (2) The SEP Recipient certifies by entering into this Agreement, that neither it, its Consultant nor their principal(s) are presently in arrears in payment of its taxes, permit fees or other statutory, regulatory or judicially required payments to the Authority or the State. The SEP Recipient agrees that any payments currently due to the Authority or the State may be withheld from payments due to the SEP Recipient. Additionally, further work or payments may be withheld, delayed, or denied and/or this Agreement suspended until the SEP Recipient is current in its payments and has submitted proof of such payment to the Authority or the State. (3) The SEP Recipient warrants that it has no pending or outstanding criminal, civil, or enforcement actions initiated by the Authority or the State, and agrees that it will immediately notify the Authority of any such actions. During the term of such actions, SEP Recipient agrees that the Authority may delay, withhold, or deny work under this Agreement and any supplements or amendments, change order or other contractual devise issued pursuant to this Agreement. (4) The SEP Recipient warrants that the SEP Recipient, the SEP Recipient's Consultant and their subcontractors, if any, shall obtain and maintain all required permits, licenses, and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of Project Activities under this Agreement. Failure to do so may be deemed a material breach of this Agreement and grounds for immediate termination and denial of further rights to contract with the Authority. (5) The SEP Recipient affu-ms that it, its Consultant and their agents are properly registered and owe no outstanding reports with the Indiana Secretary of State. (6) The SEP Recipient agrees that the Authority may confirm, at any time, that no liabilities of the SEP Recipient or its Consultant exist to the State, and, if such liabilities are discovered, the Authority may bar the SEP Recipient from contracting with the Authority in the future, cancel existing contracts, withhold payments to setoff such obligations, and withhold further payments or purchases until the SEP Recipient is current in its payments on its liability to the Authority and has submitted proof of such payment to the Authority. (7) As required by Indiana Code 5-22-3-7: (a) The SEP Recipient certifies that (A) the SEP Recipient and its Consultant, except for de minimis and nonsystematic violations, has not violated the terms of (i) Indiana Code 24-4.7 [Telephone Solicitation Of Consumers], (ii) Indiana Code 24-5-12 [Telephone Solicitations] , or (iii) Indiana Code 24-5-14 [Regulation of Automatic Dialing Machines] in the previous 365 days, even if Indiana Code 24-4.7 is preempted by federal law; and (B) the SEP Recipient and its Consultant will not violate the terms of Indiana Code 24-4.7 for the duration of this Agreement, even if Indiana Code 24-4.7 is preempted by federal law. (b) The SEP Recipient certifies that: (A) except for de minimis and nonsystematic violations, the SEP Recipient and its Consultant have not violated the terms of Indiana Code 24-4.7 in the previous 365 days, even if Indiana Code 24-4.7 is preempted by federal law; and (B) will not violate the terms of Indiana Code 24-4.7 for the duration of this Agreement, even if Indiana Code 24-4.7 is preempted by federal law. 11. PENALTIES, INTEREST, ATTORNEY'S FEES: The Authority will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, court costs or attorney's fees except as permitted by State law. 12. INDEMNIFICATION: By the SEP Recipient: To the extent permitted by Law, the SEP Recipient agrees to indemnify, defend and hold harmless the State, the Authority and their agents, officers, and employees from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise) and suits, including (but not limited to) court costs, attorney's fees and other costs and expenses caused by any negligent act or omission of the SEP Recipient. To the extent permitted by Law, the SEP Recipient agrees to indemnify and hold harmless the Authority from and against any and all costs and expenses including (but not limited to) court costs, attorney's fees and other costs and expenses, incurred by the Authority in its enforcing this Agreement against the SEP Recipient. By the Consultant: To the extent permitted by Law, the Consultant agrees to indemnify, defend and hold harmless the State, the Authority and their agents, officers, and employees from any and all claims, demands, losses, expenses, damages (general, punitive or otherwise) and suits, including (but not limited to) court costs, attorney's fees and other costs and expenses caused by any negligent act or omission of the Consultant or any subcontractors. To the extent permitted by Law, the Consultant agrees to indemnify and hold harmless the Authority from and against any and all costs and expenses including (but not limited to) court costs, attorney's fees and other costs and expenses, incurred by the Authority in its enforcing this Agreement against the Consultant. Neither the State nor the Authority is providing any indemnification, either jointly or severally, to the SEP Recipient or its Consultant or any subcontractors. 13. INDEPENDENT CONTRACTOR: All the parties, in their performance of this Agreement, are acting in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. No party will assume any liability for any injury, including death, to any other party or person or any damage to any property arising out of the acts or omissions of the agents, employees or subcontractors of another party. 14. INSURANCE: A. The SEP Recipient shall ensure that the Consultant, including any subcontractors, secures and keeps in force during the term of this Agreement, the following insurance coverages, covering the Consultant for any and all claims of any nature which may in any manner arise out of or result from this Agreement: (1) Commercial general liability, including contractual coverage, and products or completed operations coverage (if applicable), with minimum liability limits of $700,000 per person and $5,000,000 per occurrence unless additional coverage is required by the Authority or the State. The Authority and the State are to be named as additional insureds on a primary, non- contributory basis for any liability arising directly or indirectly under or in connection with this Agreement. (2) Automobile liability with minimum liability limits of $700,000 per person and $5,000,000 per occurrence. The Authority and the State are to be named as additional insureds on a primary, non-contributory basis. (3) Professional liability, including errors and omissions, with minimum liability limits of $1,000,000 per occurrence. The Authority and the State are to be named as additional insureds on a primary, non-contributory basis for any liability arising directly or indirectly under or in connection with this Agreement. (4) Consultant's (Contractor's) pollution legal liability, with minimum liability limits of $1,000,000. The Authority and the State are to be named as additional insureds on a primary, non- contributory basis for any liability arising directly or indirectly under or in connection with this Agreement. (.5) The Consultant shall provide proof of such insurance coverage by tendering to the undersigned Authority representative, a certificate of insurance prior to the commencement of this Agreement and proof of worker's compensation coverage meeting all statutory requirements of Indiana Code 22-3-2. In addition, proof of an "all states endorsement" covering claims occurring outside the State is required if any of the services provided under this Agreement involve work outside of Indiana. B. The Consultant's insurance coverage must meet the following additional requirements: (1) The Insurer must have a Certificate of authority issued by the Indiana Department of Insurance. (2) Any deductible or self -insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the Consultant. (3) The Authority and the State will be defended, indemnified, and held harmless to the full extent of any coverage actually secured by the Consultant in excess of the minimum requirements set forth above. The duty to indemnify the Authority and the State under this Agreement shall not be limited by the insurance required in this Agreement. (4) The insurance required in this Agreement, through a policy or endorsement, shall include a provision that the policy and endorsements may not be canceled or modified without 30 days notice to the Authority. (5) Failure to provide insurance as required in this Agreement may be deemed a material breach of contract entitling the Authority to immediately terminate this Agreement. The SEP Recipient shall furnish the Consultant's certificate of insurance and all endorsements to the Authority. 15. DEBARMENT AND SUSPENSION: A. The SEP Recipient certifies, by entering into this Agreement, that neither its Consultant, the Consultant's principals, nor any of its subcontractors, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from work for State entities by any federal agency or by any department, agency or political subdivision of the State. The term "principal" for purposes of this Agreement means an officer, director, owner, partner, key employee, or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Consultant. B. The SEP Recipient certifies that it has verified the suspension and debarment status for its Consultant and all sub -contractors receiving funds under this Agreement and shall be solely responsible for any recoupments or penalties that might arise from non-compliance. The SEP Recipient shall immediately notify the Authority if the Consultant or any sub -contractor becomes debarred or suspended, and shall, at the Authority's request, take all steps required by the Authority to terminate its contractual relationship with the Consultant or sub -contractor for work to be performed under this Agreement. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans With Disabilities Act, the SEP Recipient, its Consultant, and any subcontractors covenant that they shall not discriminate against any employee or applicant for employment, to be employed in the performance of this Agreement, with respect to the employee's or applicant's hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal , State or local law ("Protected Characteristics"). Acceptance of this Agreement also signifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based upon the Protected Characteristics in the provision of services pursuant to this Agreement. The SEP Recipient agrees to assure that all parties performing work on the Project Activities comply fully with the provisions of any MBE/WBE participation plans that have been submitted. 17. NOTICE TO PARTIES: Whenever any notice, statement or other communication shall be sent to the Authority or the SEP Recipient, it shall be sent to the following address, unless otherwise specifically advised by notice. A. Notice to the Authority shall be sent to;. Director of Environmental Programs Indiana Finance Authority 100 North Senate Avenue, RM 1275 Indianapolis, IN 46204 B. Notice to the SEP Recipient shall be sent to the "SEP Recipient's Notice Address" as set out in the Master Schedule. C. Notice to the Consultant shall be sent to the "Consultant's Notice Address" as set out in Exhibit C. 18. STATUTORY AUTHORITY: The SEP Recipient, in accordance with Indiana Code 13-19-5 et seq., represents and warrants to the Authority that it is legally eligible to receive the SEP Funds and the SEP Recipient agrees to repay to the Authority pursuant to Section 5 of this Agreement all SEP Funds should a legal determination of ineligibility be made by any court of competent jurisdiction. 19. AUTHORITY TO BIND: Notwithstanding anything in this Agreement to the contrary, the signatory for the SEP Recipient represents that he or she is duly authorized to execute this Agreement on behalf of the SEP Recipient and has obtained all necessary or applicable approvals to make this Agreement fully binding upon the SEP Recipient when his/her signature is affixed, and accepted by the Authority. Each approval, acceptance, power, review, consent or other action recited in this Agreement as being vested in the Authority may only be undertaken by an instrument signed in advance by the Public Finance Director of the State or Director of Environmental Programs of the Authority (or any Authority representative to whom the Authority's board from time to time empowers by its general or specific resolution to act in matters related to the Brownfields Fund) or their designees and may be withheld or delayed in their discretion. 20. DRUG -FREE WORKPLACE CERTIFICATION: A. SEP Recipient covenants and agrees to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace. SEP Recipient will give notice to the Authority within 10 days after receiving actual notice that an employee of the SEP Recipient or any subcontractor, who serves in or could be expected to serve in a capacity related to the Project Activities, is convicted of a criminal drug violation occurring in the SEP Recipient's or its Consultant's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of payment of SEP Funds, termination of the payment of future SEP Funds and/or debarment of contracting opportunities with the State for up to three (3) years. 10 B. In addition to subdivision A. of this Section, if the SEP Funds exceed $25,000, the SEP Recipient further agrees that this Agreement is expressly subject to the terms, conditions, and representations of the following certification: This certification is required by Executive Order No. 90-5. April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the Indiana Departnient of Administration is requiring the inclusion of this certification in all contracts and -rants from die Slate in excess of $25,000. No swat d of a contract shall be made, and no contract, purchase order or agreement, the total amount of which exceeds $25,000, shall be valid, unless and until this certification has been fully executed by the SEP Recipient and made a part of the contract or agreement as part of the contract documents. The SEP Recipient certifies and agrees that it will provide a drug -free workplace by: (1) Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the SEP Recipient's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; (2) F'Stabihhing a drug -free awareness program to inform it's employees of (a) the dangers ofdruo abuse in the %Yorkplace,- (b) the SEP Recipient's policy ormaintaining a drug-fi-cc workplace; (C) any available drug counseling. rehabilitation, and employee assistance progratns; and (d) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; (3) Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (a) abide by the terms of the statement; and (b) notify the SEP Recipient of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction; (4) Notifying the Authority within 10 days after receiving notice from an employee under subdivision (3)(b) above, or other -wise receiving actual notice of such conviction; (5) Within 30 days after receiving notice under subdivision (3)(b) above of a conviction, imposing the followine, sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (a) taking appropriate personnel action against the I employee, tip to and including termination, or (bp requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved (or such purposes by a fle,deral, state, or local health, law enforcement, or other appropriate agency; and (6) Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (1) through (5) above. C. The SEP Recipient and any ,ubcontractors further agree that the failure of the SEP Recipient and any subcontractor 10 Comply in good faith with subdivision A. of this Section, or t4lsifying or otherwise violating subdivision B, of this Section, shall constitute a material breach of this Agreement. Any breach entitles the Authority to impose sanctions against the SEP Recipient and any subcontractors, including" (but not limited to) recovery of the SEP Funds, cancellation of this Agreement, and debarment of the SEP Recipient or any subcontractor from doing further business with the Authority or the State for up to 3 years. 1' a "i BLIJ N X In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy the benefits of this Agreement, as a result of natural disaster, actions or decrees of governmental bodies or communication lint, failure not the fault of the affected party ("Force MaJeure Event"), the party who has been so affected shall immediately ­ive notice to the other party and shall do everything Possible to resume performance. I- I I Upon receipt of such notice, all obligations under this Agreement shall be immediately suspended. If the period of nonperformance exceeds 30 days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been affected may, by giving notice, terminate this Agreement. If so terminated, the SEP Recipient will be paid for previously unreimbursed Project Activities. Such payment shall be made following receipt by the Authority of required documentation and review by the Authority of the same. Upon cancellation by the Authority and following final payment to the SEP Recipient by the Authority, the Authority shall not be obligated to disburse additional SEP Funds. 22. SEVERABILITY: The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of the Agreement. 23. SUBSTANTIAL PERFORMANCE:. This Agreement shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. 24. REMEDIES NOT IMPAIRED: No delay or omission of the Authority in exercising any right or remedy available under this Agreement shall impair any such right or remedy or constitute a waiver of any default or acquiescence to any default. A single or partial exercise of any power does not preclude the further exercise of that power or right or the exercise of any other power or right. 25. TAXES: The Authority is exempt from Federal, State and local taxes. The Authority will not be responsible for payment of any taxes levied on the SEP Recipient or any subcontractors as a result of this Agreement. 26. WAIVER OF RIGHTS: No right conferred on either party under this Agreement shall be deemed waived and no breach of this Agreement excused, unless such waiver or excuse shall be by the party claimed to have waived such right. 27. ACCESS TO RECORDS: The SEP Recipient, its Consultant, and its subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the costs incurred under this Agreement. Such materials shall be made available at SEP Recipient's and its Consultant's or subcontractors' respective offices at all reasonable times during the term of this Agreement and for 5 years after: (a) the Completion Deadline Date or (b) the resolution of any applicable findings regarding this Agreement by the State Board of Accounts, whichever is later. The SEP Recipient shall ensure the cooperation of its employees and the employees of its Consultant and subcontractors in such monitoring and evaluation efforts. The SEP Recipient will take all actions necessary to correct or cure any problems or deficiencies identified by the Authority during its monitoring and evaluations. 28. MODIFICATION & MERGER: This Agreement may not be changed, amended or modified orally. Any change, amendment or modification must be in writing and signed by all the parties. Any consent, approval, review, determination, notice, order, waiver, excused action, request or other action required or allowed under this Agreement shall only be effective if done in writing signed by the applicable party and prior to the other party taking any action in reliance on such writing. This Agreement merges and supersedes all prior agreements, negotiations and representations of any kind between the Authority and the SEP Recipient relating in any manner to the subject matter and transactions contemplated by this Agreement. This Agreement and its exhibits and any other attachments constitute the entire agreement between the Authority and the SEP Recipient concerning the Agreement. f A Any inconsistency or ambiguiry in this Agreement shall be resolved by c,jving precedence in the follo"Ing order, 0 ) This A-reeinem (2) Exhibits/Schedules prepared by the Authority: ji n z� - I Z� I'd (3) F.'.'dlibits/Schedules prepared by the SET Recipient. All of the foregoing are incorporated fully by reference. All exhibits and attachments, and any other documents, Law and papers referred to in this Agreement are hereby incorporated fully by reference as though fully set forth in this Agreement. 30. CONFLICT OF ]INTEREST: A. As used in this section: "Immediate Family" means the spouse and the emancipated children of an individual. "Interested Party" means: (1) The individual executing this Agreement; (2) Any individual who has an interest of three percent or more of the SEP Recipient; or (3) Any member of the Immediate Family of an individual specified under subdivision (1) or (2). "Commission" means the State Ethics Commission. B. The Authority may cancel this Agreement without recourse by SEP Recipient if an Interested Party is an employee of the Authority or the State. C. The Authority will not exercise its right to cancel this Agreeniew under this Section if the SEP Recipient gives the Authority an opinion of the Commission indicating that the existence of this Agreement and the employment by the Authority or the State of the Interested Party does not violate any statute or code relating to ethical conduct of employees of the Authority or State employees. The Authority may take action, including cancellation of this Agreement, consistent with an opinion of the Commission. D. The SEP Recipient has an affirmative obligation under this Agreement to disclose to the Authority when an Interested Party is, or becomes, an employee of the Authority or the State. The obligation under this Section extends only to those facts that the SEP Recipient knows or reasonably should know. Through the use of SEP Funds, the SEP Recipient may obtain environmental data that may be used to recover moneys from insurance policies providing coverage for Project Activities undertaken due to environmental contamination at the Site. Under this Agreement, any moneys recovered from such insurance policies will be deemed to be moneys leveraged by the Brownfields Fund. In the event the amount of such moneys exceeds the total cost of Project Activities and any other remediation of contamination undertaken by the SEP Recipient at the Site, the SEP Recipient agrees to use such excess funds for brownfield redevelopment activities approved by the Authority. If the SEP Recipient does not use such excess funds in full as provided in this Section within 2 years of the receipt of such Funds, the SEP Recipient shall promptly transfer any remaining7 funds to the Authority by causing the SEP to be repaid, The Authority may request documentation (torn the SEP Recipient about such insurance policies, any settlements that provide recovery, any excess funds and their use,, including, but not limited to, additional remedialion or brownfields redevelopment. The conditions on the Use Of Such excess funds as provided in this Section survive the terra of this Agreement, IM 32. TERMINATION OF SEP AGREEMENT: In addition to the termination provisions set forth in other sections of this Agreement, the Authority may also terminate this Agreement upon the occurrence of any one of the following events: (i) Multi -Term Funding The Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Agreement. (A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive.) (ii) False, Misleading Representations A finding that any representation or warranty the SEP Recipient made in this Agreement or otherwise is false or misleading in any material respect when made. (iii) Improper Use of SEP Funds A finding that SEP Funds were used for a purpose other than Project Activities as provided in this Agreement. (iv) Failure to Correct Non -Compliance If the SEP Recipient fails to correct any non-compliance determination made by the Authority within a reasonable time after receiving notice from the Authority that the SEP Recipient and/or its Consultant is not performing or completing the Project Activities in accordance with this Agreement. (v) Convenience The Authority determines that termination of the Agreement, or a reduction in the amount of the SEP Funds, is in its best interest and/or the best interest of the State. If the Authority determines to terminate or cancel this Agreement, the SEP Recipient or the Consultant will be paid for previously unreimbursed Project Activities. Such payment shall be made following receipt by the Authority of required documentation and review by the Authority of the same. Upon termination or cancellation by the Authority and following final payment to the SEP Recipient or the Consultant by the Authority, the Authority shall not be obligated to disburse additional SEP Funds. 33. ASSIGNMENT; SUCCESSORS: The SEP Recipient shall not assign or subcontract the whole or any part of this Agreement without the Authority's consent. The SEP Recipient may assign its right to receive payments to a third party without the Authority's consent, provided that SEP Recipient gives notice (including evidence of such assignment) to the Authority 30 days in advance of any payment so assigned. 34. EXECUTION; COUNTERPARTS: Copies of this Agreement may be executed separately by the parties, and once executed by the parties to this Agreement, all such copies taken together shall constitute a single contract. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original for all purposes. [Remainder of Page Left Intentionally Blank] 14 35. NON -COLLUSION; ACCEPTANCE: The SEP Recipient attests under penalties of perjury that he or she (a) is a contracting party or the representative, agent, member or officer of a contracting party, (b) has not (nor has any other member, employee, representative, agent or officer of such contracting party) directly or indirectly, to the best of his or her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay (and that he or she has not received or paid) any sum of money or other consideration for the execution of this Agreement other than that which may appear upon the face of this Agreement. The parties represent and warrant that they have read and understand the terms of this Agreement, and the parties, by their respective signatures, do thereby agree to the terms of this Agreement as of the Effective Date. "SEP Recipient" City of South Bend, Indiana B3, of 1w "Authority" Indiana Finance Authority By;__....... Daniel J. Huge, Public Finance Director of the State of Indiana DATE ATTEST: I:w James P. McGoff Director of Environmental Programs PRINTED NAME, TITLE DATE DATE 15 THIS PAGE INTENTIONALLY LEFT BLANK MASTER SCHEDULE TO SEP FINANCIAL ASSis,rANCE AGREEMENT SEP Recipient is: City of South Bend, Indiana Effective Date shall be. .2019; .......... Tenn of Agreement shall be two (2) years after the Effective Date SEP Funds shall be: $8,476.00 to be authorized under this Financial Assistance Agreement. (The Heartland scope of work for $13 8,748 (Exhibit A) will be ftmded with a combination of Petroleum Orphan Site Initiative (POSI) funds ($120,228), another South Bend SEP (Noble Americas- $10,044) and this SEP. "-SEP Recipient's Notice Address" shall be: Christopher Dressel Brownfields Coordinator City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 Site shall be: Steve's Marathon Service Station EXHIBIT A Authority -approved Scope of Work or Workplan Response to Request for Proposals Project Name: Former Steve's Marathon Service Station Facility in South Bend, Indiana Environmental Assessment, Underground Storage Tank Removal and Remediation Services for the Former Steve's Marathon Service Station facility located at 534 North LaPorte Avenue in South Bend, Indiana Submitted to: Indiana Brownfields Program Attn: Mr. Mitchell Smith 100 North Senate Avenue Room 1275 Indianapolis, Indiana 46204 Submitted by: ENVIRONMENTALI EINC. Contact: Nivas R. Vijay, CHMM Heartland Environmental Associates, Inc. nvijaygheartiandenv.com 3410 Mishawaka Avenue / 1324 East 16th Street South Bend, Indiana 46615 / Indianapolis, Indiana 46202 July 15, 2019 Eta",, , mse to Request rter Pro r,,a lsfor f-jovironmental AssessatienL Underground ^rabund Storage I'ank f;edteowdd and Services. wwwFormer mSteve s Marathon Service St,rEnanrn 1 acifi o.._in South dmiana mEzrc�acr�_al �1�'?(?E�i Et7_6IT�;ti Page P July 15, 2019 Mr. Mitchell Smith Project Manager Indiana Brownfields Program 100 North Senate Avenue Room 1275 Indianapolis, Indiana 46204 Re Response to Request for Proposals for Environmental Assessment, Underground Storage Tank Removal and Remediation Services Former Steve's Service Station Facility in South Bend, Indiana Indiana Brownfields Program Site 44190602 Heartland Proposal #P2019-07-151 Heartland Environmental Associates, Inc. (Heartland) is pleased to submit this Scope of Services proposal to the Indiana Brownfields Program (IBP) to provide environmental assessment, underground storage tank (UST) removal and remediation services for the above referenced facility in South Bend, Indiana. These include such scope of service items as outlined in the IBP's Request for Proposal (RFP) issued June 24, 2019. Heartland understands that the IBP plans to contract with an environmental consulting firm prequalified by the IBP in June 2015 to provide environmental assessment, UST removal and remediation services for this project. Heartland's staff and project team has extensive experience working with the IBP on a broad array of environmental projects, and is confident of its ability to provide the scope of services outlined within the RFP. Heartland has reviewed the RFP and certifies that we have the competent staff and resources available to complete these tasks as proposed in the contents of this offer. Heartland's staffing, resources and company qualifications were provided to the IBP in Heartland's prequalification submittal dated June 2015. Please feel free to contact me if you have further questions at (574) 289-1191, or by electronic mail at nviiya'" ",ieartlanderiv,coni. I hereby state that I have authority to submit this response, establish fees, and bind to the terms and conditions of this RFP, including, but not limited to, all agreements incorporated in the RFP and contractual obligations set forth. Respectfully Submitted, Nivas R. Vijay, CHMM a Senior Project Manager / Principal Re', avrs�e to Rs �ia.at la r... "aey xrwak for I���p+��i��«�a�w��a�ntal � s,;"��sr�a�. g. i��ac�o—gra�����rd Sla�r�t�+�e_.Nank, C�,er��ova and RaXa edi atwoa3n ervic s. k"°`aasar� a t t' Ma�b,aB9raa11 e.r�itir, Station�r�e�ilap�� in South �:'ert('C. Indiana. �"�w �awsa9 �iP2�9�lMQP7-15B Page 2 1.0 Site Background The former Steve's Marathon Service Station facility, located at 534 North LaPorte Avenue in South Bend, Indiana, consists of a former gasoline service station located on approximately 0.11- acres of land situated on one parcel (Parcel ID #71-08-02-354-011.000-026). The site consists of a one-story former gasoline service station building with associated paved parking and landscaped areas. The site is located in a predominately residentially developed area northwest of downtown South Bend. Heartland understands that the site is being evaluated for future redevelopment; therefore, 'site activities are being conducted to prepare the site for future redevelopment activities. Based on a review of the Indiana Department of Environmental Management (IDEM) Virtual File Cabinet (VFC), the site was registered as having three (3) steel gasoline USTs of unknown capacity being in use in August 1987. A review of available IDEM UST Notification Forms further indicated that the site had two (2) fiberglass USTs of unknown capacity that were empty as of August 1987 and that were last utilized in July 1986. The USTs were identified as being at least 10 years of age in August 1987. Additional documentation in the VFC indicated that the facility was inactive and abandoned during an inspection conducted by IDEM on March 17, 1998. No additional information, including UST closure, subsurface assessment and/or sampling documentation pertaining to the site was available for review within the IDEM VFC. The site is currently owned by the Civil City of South Bend. On June 24, 2019, the IBP issued an RFP for the site. The proposed scope of work includes the completion of a Phase I Environmental Site Assessment (ESA), a geophysical survey, the removal of two (2) 2,000-gallon and three (3) 3,000-gallon USTs, the removal of up to 1,500 tons of contaminated soil, the removal of up to 1,500-gallons of petroleum liquid/sludge, advancement of up to eight (8) soil borings, and the installation of up to five (5) groundwater monitoring wells with quarterly sampling for two years. 2.0 Technical and Operational Approach to Scope of Services Heartland has reviewed the IBP's RFQ and is willing to provide services related to each of the scope of services items outlined by the IBP. Heartland understands that the proposed scope of services will be conducted to prepare the site for future redevelopment and will include initial site assessment, UST removal and potential future environmental remediation activities. Heartland's technical approach to the scope of service items is discussed below. 2.1 Phase I Environmental Site Assessment and Geophysical Survey Heartland will conduct a Phase I ESA in accordance with the All Appropriate Inquiry (AAI) rule per the most recent American Society of Testing and Materials (ASTM) standard, «4'tc ndarcl PI -attic, car Envircarynental Situ Assessments: Phase I ESA Process (ASTM E-1527-13). i�e::wgrearr�w t4 I e wa �;'t for ;r pM 9 �a)t E%'ji ^ a°��synuaital Asscssme� g, ndgr,rrsun(I ` tora xg °8 ��nk Removal and P, pynediation __..__.. Fori . Steve w Marathon Service Station Facifity in SO L101 Bendy In dt uroa�r. I'roposii �411N)d 9 07-151 Page 3 e,r aa. i ratataa r Sta Heartland's Phase I ESA approach is to assess the potential presence or absence of contaminants in the form of hazardous substances. This is accomplished through site interviews, available historical data, regulatory agency interviews and file searches, and a physical inspection of the property. Hazardous substances refer to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) substances, Resource Conservation and Recovery Act (RCRA) substances, and petroleum products. At a minimum, this Phase I ESA will consist of the following: 1. Compilation of the development history of the area, with an emphasis on chemical substances which may have been used or disposed of onsite and could have contributed to possible contamination. 2. A review of regulatory agency databases in order to determine potential environmental concerns relative to the site and adjacent sites within the specified search radii. 3. A physical inspection of the area to determine current site conditions and detect the potential for a release of hazardous substances. 4. Final report for the site that will include conclusions and recommendations, based upon the information obtained from the above referenced tasks. Data obtained during the Phase I ESA will be further utilized to assist in the development of the Phase II ESA scope of work. In concert with the Phase I ESA, Heartland will utilize a ground penetrating radar (GPR) at the site to survey and locate the known USTs and any additional suspected USTs or former UST excavation pits as well as potential hydraulic lifts. Ground penetrating radar is a geophysical technique that uses electromagnetic waves for willow subsurface reconnaissance and exploration. An electromagnetic impulse in the form of ultra -high frequency radio waves are emitted into the ground by a transmitting antenna, and the resulting reflection of transfer of waves from contamination plumes, boundary layers or buried objects is detected by a receiving antenna. The presence of buried objects or significant changes in conductivity of the layers will cause the electromagnetic wave to be reflected. Together these images provide direct information concerning subsurface conditions. These images will then be transposed onto a final map, documenting the locations of any anomalies, including USTs, in a GPR survey report, to be issued concurrently with the Phase I ESA report. 2.2 Underground Storage Tank Removal and Remediation Based on a review of the RFP, Heartland is providing the IBP with costs to remove two (2) 2,000-gallon and three (3) 3,000-gallon USTs from the site, along with the associated UST system implements and associated UST piping. Furthermore, costs are being provided to remove up to 1,500-gallons of petroleum liquid/sludge material, to over -excavate up to 1,500 tons of petroleum impacted soil from the UST excavation pit and to inject or otherwise introduce up to 1,000 pounds of Oxygen Releasing Compound (ORC) at the site. Before initiating sampling activities, Heartland will prepare a site work plan and a site -specific ,tsn rt t � � ,t, 6Lr r_aPy- 1- E1- L'�eti�rrromile.wUll Assessment. i�bo�alagre�a�ro�al 4�aarxa��r �°:a�a� o e�a���a gag a�roaai �'it 1tAcri���i��M�a a Services, Former Sev ".�4 Manathon Service 'Sgion 1"raerlity in South Bend h)di m N d7_9, tl � Page 4 health and safety plan (HASP) under the Occupational Health & Safety Administration (OSHA) 29 CFR 1910.120 for review and approval of IBP staff and any applicable state and/or federal agency. All site activities will be done in accordance to the work plan and HASP designed for the project. All site activities will be done in accordance with ASTM, IDEM and USEPA applicable guidelines. Prior to removal activities, Heartland will contact the appropriate utility companies to locate and mark site underground utility conduits/lines. Off -site utilities will also be located if determined necessary. For purposes of this removal it is not anticipated that the services of a private utility locater will be necessary. The GPR survey scheduled to be completed as part of the site activities will also be utilized to assist in marking private utilities at the site. As part of environmental services provided, Heartland will conduct oversight for the removal of the UST system at the site, including the USTs and associated piping. Additionally, any residual liquids and sludge from the tanks and product lines will be cleaned and containerized for disposal prior to the removal of the USTs. It is anticipated that liquid/sludge material to be removed will not exceed 1,500-gallons. It should be noted that, according to images reviewed and a site reconnaissance by Heartland, the fuel dispensers are no longer present at the site. The areas around the historic former gasoline dispenser island areas will be explored as part of the provided UST system removal services to confirm that all former dispenser island structures have been removed. Heartland will collect confirmation samples as required by IDEM UST guidance, which require one confirmation soil sample per 20 feet of sidewall, one confirmation soil sample on the bottom of the tank pit under both ends an individual UST (for USTs less than 10,000-gallons in size), one confirmation sample per every 20 linear feet of product line, one confirmation sample underneath each fuel dispenser island, and one groundwater sample per tank pit. Field oversight activities will include coordination with the selected UST removal subcontractor and the laboratory, as well as health and safety oversight. Field oversight will also include screening of both bottom and sidewall samples. Based on field observations, Heartland will evaluate the presence of impacts to soil. Heartland will work closely with the IBP to document impacts present and will advise the IBP during the course of the UST removal should it be necessary to over -excavate encountered impacted soils within and surrounding the tank pit. Petroleum impacted soils determined to exhibit the highest petroleum impacts will be over -excavated, if determined necessary. Over -excavation of impacted soils will not exceed 1,500 tons, unless determined necessary based on field observations and further authorized by the IBP. Over -excavated soils will be removed and disposed of as impacted waste at an authorized landfill. After completion of UST removal and any necessary soil over - excavation, the UST/soil excavation pit will be backfilled with granular, compactible material and finished to grade with at least four inches of stone. Soil confirmation samples will be collected, and samples will be submitted to the laboratory under proper chain -of -custody protocol. Soil samples collected will be submitted for laboratory analysis of volatile organic compounds (VOCs) using USEPA SW-846 Method 8260, polycyclic Response to RggmgA _!r Prtirnarsahs for Fnvhrorprnentai AssessnienL t nder ropxnd Storaee Tank Ndarnp�s�°«r1 urrrtl . ,r�r�ahipaaisara Services, '¢ rraz r° a ac"s Marathon Service Saation Vadfitv in Souih Bend. dcpc ra I uo 2ti7w,,p i #P 019-07-V 41 Page 5 aromatic hydrocarbons (PAHs) using USEPA SW-846 Method 8270SIM and lead using USEPA SW-846 Method 6010B. Should groundwater be encountered in the UST/soil excavation pit(s), one groundwater sample will be collected from each UST pit and submitted for laboratory analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW-846 Method 8270SIM, lead using USEPA SW-846 Method 6010B and lead scavengers using USEPA SW-846 Method 8011. Should groundwater not be encountered during the UST removal activities, groundwater samples will be collected for confirmation as part of the larger Phase II ESA activities to be completed at the site if warranted. Laboratory quality assurance/quality control (QA/QC) samples will be collected for this confirmatory sampling event. All soil and groundwater samples collected will be placed on ice and delivered to Pace Analytical Services, Inc. (Pace) in Indianapolis, Indiana for laboratory analysis. Samples will be delivered to the laboratory under Heartland chain -of -custody protocol. Prior to the backfilling of the excavation pit(s), oxygen releasing agents will be introduced into the base of the excavation pit(s). The exact volume of oxygen releasing agent to be applied will depend on the size of the excavation area. It is anticipated that no more than 1,000 pounds of this material will be introduced. If placement of these materials into the UST pit(s) is not feasible, these materials will be introduced into the area of excavation via direct push injections. Oxygen releasing agent introduction will only be utilized if determined necessary after the completion of site remedial action and after consultation and approval from the IBP Project Manager. Please note, for purposes of this proposal, Heartland is proposing to the IBP to utilize EOS Remediation, LLC's EOxTM, a product similar in nature, with similar chemical and physical properties, to that of the typical ORC Advanced® compound utilized on similar IDEM and IBP projects sold by Regenesis, Inc. A product specification sheet for EOxTM can be provided upon request. Heartland is including prices for both EOxT" and ORC Advanced® with this proposal for the IBP's evaluation. After the completion of the UST removal, a UST Closure Report will be prepared. The UST Closure Report will document site activities, confirmation sampling activities, disposal locations, and adherence of the UST closure activities to IDEM Remediation Closure Guide (RCG) guidance. Figures of the site with the locations of confirmation samples and tabulated analytical results will be provided as part of this report. Both the field oversight of the UST removal and the final report will be completed by a State of Indiana licensed UST inspector. 2.3 Subsurface Investigation Heartland's approach during subsurface investigations is designed to identify the vertical and horizontal extent of soil and/or groundwater contamination, the contaminant transport mechanisms, probable sources, and potential receptors of the contamination. Before initiating sampling activities, Heartland will prepare a site sampling and analysis plan (SAP) and update the site -specific HASP for review and approval of IBP staff and any applicable state and/or <cgs onw taw Reti4yesifin Vn,1 i ,%:, S tk dm Jreararaienf MA a �ss€._sstr��^nt, � nderLrebnd Stt[�t e " ank lic ata­,q_w br�rll k�eeBr�'s�id�:ti�arro Services, ��rlrnrM><; r Sieve's Ma'oralhon Service Station F acpdidx in South 1kn d. In dilla'aa 1"LoPage 6 federal agency. All site activities will be done in accordance to the SAP and HASP designed for the project. Prior to investigation activities, Heartland will contact the appropriate utility companies to locate and mark site underground utility conduits/lines. Off -site utilities will also be located if determined necessary. For purposes of this investigation it is not anticipated that the services of a private utility locater will be necessary. Heartland will provide oversight for the advancement of up to eight (8) soil borings on the property. Specific soil boring locations will be determined after consultation with IBP staff and will be outlined in Heartland's SAP submitted prior to initiation of site activities. Soil borings will be advanced using a direct push technology rig. During soil boring installation, soils will be continuously sampled in 2-foot intervals to the base of each boring. Each soil interval will be screened for total photo -ionizable vapors (TPVs) using a pre -calibrated PID equipped with a 10.2 eV lamp. Additionally, each soil interval will be inspected for indications of potential impacts, such as staining, hydrocarbon or solvent odors, and elevated soil gas readings. Observations and soil screening results will be recorded on Heartland boring logs. Prior to sampling, each of the soil borings will be surveyed and located with global positioning system (GPS) coordinates. During soil boring advancement, strict decontamination procedures will be followed to reduce the potential for cross -contamination. All drilling and down -hole sampling equipment will be decontaminated prior to first use onsite, and thereafter between uses. Decontamination will occur utilizing a high-pressure spray washer coupled with wash in an Alconox solution, followed by distilled water rinse. Two soil samples will be collected from each soil boring, at the first encountered subsurface soil interval and at the interval exhibiting the highest field screening results or at the interval immediately above the first -encountered groundwater saturated zone. Soil samples will be submitted for laboratory analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW-846 Method 8270SIM and lead using USEPA SW-846 Method 6010B. Laboratory QA/QC samples will be collected for this sampling event. In addition to soil samples, groundwater samples will be collected from temporary 1-inch diameter piezometers installed in each soil boring advanced. Groundwater samples will be submitted for analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW- 846 Method 8270SIM, lead using USEPA SW-846 Method 6010B and lead scavengers using USEPA SW-846 Method 8011. After collection of the groundwater samples, each of the piezometers will be abandoned and finished to grade. Please note, that for budgetary purposes sampling of soil and groundwater for PAHs and lead has been included in this proposal. However, sampling of PAHs in soil and groundwater as part of the subsurface investigation may be eliminated if, after review of soil confirmation samples Re-'UmolLse1() 6 rcLLJLI C�g for E"x�'rpvs«; is Rpr 9 " ¢1-onn1a,u1al '%S'S sNn1 n1, kJ11derracrund Swag D ad A Removal m(I R TgeL atia n Services. Fr atia a° StcvMarathon Service Station q rrc;ituw� in SaraMlh Rend. lndianrL'ra ,L�,aL_ L'2 t 07i P 5_'q, Page 7 collected as part of the UST removal activities, it is determined that PAH and/or lead impacts are not likely to be present. All soil and groundwater samples collected will be placed on ice and delivered to Pace in Indianapolis, Indiana for laboratory analysis. Samples will be delivered to the laboratory under Heartland chain -of -custody protocol. Once the laboratory data has been received, Heartland will prepare a Phase II ESA report for the site. The report will include field observations from the site sampling activities, a site plan illustrating soil boring/sample locations, laboratory analytical results, comparison of the project data to the IDEM RCG Default Screening Levels, conclusions and recommendations. The report will evaluate existing site conditions and determine whether additional site activities will be necessary to further characterize or remediate any encountered site impacts. 2.4 Ground Water Monitoring Based on a review of the RFP, Heartland is providing the IBP with costs to provide long-term ground water monitoring after the completion of initial subsurface investigative and remedial activities. Please note long-term groundwater monitoring costs are being provided for budgetary evaluation and will only be incorporated if determined necessary after the completion of subsurface investigative activities, remedial alternative evaluation and after consultation with IBP staff. Heartland will provide oversight for the advancement of up to five (5) additional soil borings on the property. Specific soil boring locations will be determined after consultation with IBP staff and will be outlined in Heartland's SAP submitted for the site prior to initiation of these site activities. Please note soil borings will not be advanced if determined, after consultation with IDEM and IBP staff, that monitoring wells should be installed in locations within 5 feet of historic soil borings. Soil borings will be advanced using a direct push technology rig. During soil boring installation, soils will be continuously sampled in 2-foot intervals to the base of each boring. Each soil interval will be screened for TPVs using a pre -calibrated PID equipped with a 10.2 eV lamp. Additionally, each soil interval will be inspected for indications of potential impacts, such as staining, hydrocarbon or solvent odors, and elevated soil gas readings. Observations and soil screening results will be recorded on Heartland boring logs. Prior to sampling, each of the soil borings will be surveyed and located with GPS coordinates. The five (5) soil borings will be completed with permanent 2-inch diameter groundwater monitoring wells. The monitoring wells will be constructed of 2-inch Schedule 40 flush -threaded PVC with 10-foot of 0.010-in. factory slotted screen to account for seasonal fluctuations. The annular space around the well screen will be surrounded with silica or washed quartz sand. The remaining annular space will be filled with 2-feet of bentonite-cement grout to the ground surface. A locking manhole cover will be installed over each well to prevent damage and to inhibit tampering. Groundwater monitoring wells will be developed using IDEM approved well L�eq)trL twu_Re,�yuesi iaar Proposalsfiw 6;,ravidtanLLIma¢a'i Ac""'cssatelit. Undergroaand Skorrav Tank WM{c�arrval and �'cmcdiaii+;m Smices Y'Nra'Gt= 'tit� rw icc Su,,uion � raeihi% in South Bend. Indiana. �"acmo al l� 201 Page 8 ai a�a::� Ytaar�atNataot °^we� ' 1 �7 � � i. development methodology in accordance to Indiana Administrative Code 312 IAC 13-8-3(m) and allowed to stabilize for a minimum of 48 hours prior to sampling. During soil boring advancement and monitoring well installation activities, strict decontamination procedures will be followed to reduce the potential for cross -contamination. All drilling and down -hole sampling equipment will be decontaminated prior to first use onsite, and thereafter between uses. Decontamination will occur utilizing a high-pressure spray washer coupled with wash in an Alconox solution, followed by distilled water rinse. After completion of the installation of the groundwater monitoring wells, Heartland will sample the groundwater monitoring well network. Groundwater monitoring wells will be sampled utilizing IDEM approved low -flow sampling methodology. Low -flow sampling methodology will include a flow through sampling cell for measuring groundwater quality parameters (temperature, pH, conductivity, dissolved oxygen, oxygen reduction potential and turbidity). Depth to groundwater data will be collected from each monitoring well to properly evaluate groundwater flow direction at the site. Groundwater monitoring wells will be additionally gauged utilizing a Solinst Oil/Water Interface Probe to evaluate for the presence of any light non -aqueous phase liquids (LNAPLs). Groundwater samples from the groundwater monitoring wells will be submitted to Pace for laboratory analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW-846 Method 8270, lead using USEPA SW-846 Method 6010B and lead scavengers (if determined necessary) using USEPA SW-846 Method 8011. All groundwater samples collected will be placed on ice and delivered to Pace for laboratory analysis under Heartland chain -of -custody protocol. Laboratory QA/QC samples will be collected for these sampling events. The soil cuttings and purge water generated from the monitoring well installation and sampling activities will be contained in 55-gallon drums and disposed of appropriately within one (1) month of generation. Once the laboratory data has been received, Heartland will prepare a Groundwater Sampling Report for the site. The report will include field observations from the site sampling activities, a site plan illustrating groundwater monitoring well locations, groundwater flow direction maps, laboratory analytical results, comparison of the project data to the IDEM RCG default closure objectives, conclusions and recommendations. For budgetary purposes, Heartland is providing the IBP with a budget to conduct quarterly monitoring of the proposed groundwater monitoring well network for a period of two years (eight quarters). Heartland is further providing budgetary numbers for groundwater monitoring well abandonment activities, to be completed after the completion of the groundwater monitoring activities and the issuance of an NFA for the site. e,sJ.!gqse to Regg si ltar Mqx)sa9s f6r t.atvirroanraaerata8 Assessmont, Undetgrotind Storage hank Rearnoval and, Rcinediat'ionn, Services. Former Steve's Marathon Service, Station I'acilatn in South herd. Indiana. PrtovosiO TrP201...9 07 1 1 Page 9 3.0 Fee Schedule rownfie n Indiana �nn ............._....._.. _.....__....._ B Ids Program Former Steve's Marathon Service Station Facility in South Bend, Indiana Environmental Assessment, UST Removal and Remediation Services Estimated Project Fees Initial Assessment Activities Phase I Environmental Site Assessment - Lump sum fee for completion of Phase I ESA in $1,200 accordance with ASTM 1527-13/AAI Rule Geophysical Survey - Lump sum fee for completion of geophysical survey $0 utilizing Heartland's Sensors & Software Model LMX100T14GPR unit Initial Assessment Subtotal $1,200 Underground Storage Tank Removal and Remediation Task Cost Project Management, SAP and HASP Development Anticipated 8 hours of project management time at $640 $80/hr Underground Storage Tank Removal - Costs for removal and disposal of two 2,000-gallon and three 3,000-gallon USTs as well as associated piping - Includes disposal of up to 1,500-gallons of waste liquid/sludge material generated $14,949 0 1,500-gallons of waste liquid/sludge material disposed of at a rate of $0.98/gal which includes transportation - Includes backfilling of UST excavation pit - Includes removal of concrete overburden and saw - cutting, if necessary Underground Storage Tank Removal Oversight, Sampling $2,240 - Anticipated 32 hours of project geologist time at $70/hr Equipment and Expendable Supplies - Supplies for oversight and sampling, including vehicle mileage $131 - Note due to proximity of Heartland's South Bend office to project site, no mileage costs will be incurred by the IFA as part of this project ------------ Underground Storage Tank Removal Confirmation $2,967 Sampling Laboratory Analytical Costs Re"Donse to Reggest fin . ................. . 2E .±,Lly[ro �,,ncnLal A,1,L!, -Cw, I Infic �"o-,' Swum Services. Fnringr Steve',; Marath�nl seaice stylioil FacifitV iV1 $WUth [kild, N-fl 7- 15..! Page 10 Anticipated costs for laboratory analysis (Estimated 26 soil samples and I groundwater sample to be collected including laboratory QA/QC samples) Note unit rate schedule for laboratory analytical costs provided below Soil Remedial Excavation Costs for removal and disposal of up to 1,500 tons of petroleum impacted soil o Cost per ton to remove and dispose of impacted soil provided at $34.54/ton. $70,761 Costs include import of granular, compactable backfill and crushed stone to grade excavation pit Cost per ton to import and place backfill provided at $12.98/ton Oxygen Releasing Agent Introduction - Cost for up to 1,000 pounds EOS Remediation, LLC EOx— introduction (via direct placement into open pit) $6,600 - Note, should introduction via injections be determined necessary, an additional $1,000 in cost would be incurred . .. . . ........ Remediation Reporting - Includes all reporting and administrative costs for $2,595 preparation of final reports . ....... ... . ............ . ........ . . . . ...... Underground Storage Tank Removal and Remediation Subtotal $100,883 Subsurface Investigation .. ... .. . ....... . Task Cost Project Management, SAP and HASP Development . . . ..... . ..... . ..... Anticipated 4 hours of project management time at $320 $80/hr Field Sampling Oversight - Anticipated 10 hours of project geologist time at $1,420 $70/hr and 12 hours of field technician time at $60/hr Equipment and Expendable Supplies - Supplies for oversight and sampling, including vehicle mileage - Note due to proximity of Heartland's South Bend $433 office to project site, no mileage costs will be incurred by the IFA as part of this project ...... . . .. Drilling Subcontractor $1,980 Laboratory Analytical Costs - Anticipated costs for laboratory analysis (Estimated $3,113 16 soil samples to be collected (8 soil borings with 2 Resy,onse to L�gq%tLsA kir Proposyk for EpOrornuental Assessment. Underground !jjoysgg hank 1`cgioval aml Ronediadon; L _�_ Services- Fortner Steve's Marathon SCrViCU Slafioti Facifitv in Soulli llertcL Wdiu1tjJ1roposzJ #1127019-07-15] Page I I Services . .......... soil samples per boring) and 8 groundwater samples to be collected plus laboratory QA/QC) Note unit rate schedule for laboratory analytical costs provided below Subsurface Investigation Reporting - Includes all reporting and administrative costs for preparation of final reports $o - Note Investigation Reporting budgeted to be included with UST Removal Reporting Subsurface Investigation Subtotal $7,266 ------- — ---- ---- ------ Groundwater Monitoring . . . ........ Monitoring Well Installation -- ------ . .... — ----- . . . . . ................ Task Cost Project Management, SAP and HASP Development - Anticipated 2 hours of project management time at $160 $80/hr Monitoring Well Installation Oversight - Anticipated 12 hours of project geologist time at $840 $70/hr WWW Equipment and Expendable Supplies - Supplies for oversight and sampling, including vehicle mileage $175 - Note due to proximity of Heartland's South Ben office to project site, no mileage costs will be incurred by the EFA as part of this project Drilling Subcontractor $4,400 . . .................... . . .... . . ....... Waste Disposal - Disposal of up to 4 drums of soil cuttings generated $468 during monitoring well installation activities Monitoring Well Installation Subtotal $6043 Quarterly Groundwater Sampling .. . .............. . .. . ....... . Task Cost Project Management and Field Sampling Oversight - Anticipated 2 hours of project management time at $720 $80/hr and 8 hours of field technician time at $70/hr Equipment and Expendable Supplies Supplies for oversight and sampling, including $265 vehicle mileage and low -flow sampling equipment Resl�oiisc_to Ru„gyesl f6r k,ra% �slel r...Ljiviroi ie.ntal Asses!,�nent, 1�nalcr ecweunct ",la'rctA we kmk Removal furl tle inedhiti��ri Services. wormer `�teve s Marathon Sen ice e t.��tua�pp 6"' C...1^' �JG S(itiih Betidl foid4mu;� I row s, !�M'�ON 0 151 Page 12 Laboratory Analytical Costs - Anticipated costs for laboratory analysis (Estimated 5 groundwater samples to be collected plus laboratory $760 QA/QC samples) - Note unit rate schedule for laboratory analytical costs provided below Waste Disposal - Disposal of up to 1 drum of purged groundwater $117 generated during sampling activities Quarterly Groundwater Monitoring Reporting - Includes all reporting and administrative costs for $870 preparation of final reports Quarterly Groundwater Monitoring Subtotal (Per Quarter) $2,732 Quarterly Groundwater Monitoring Subtotal (Eight Quarters) $21,856 Monitoring Well Abandonment Task Cost Monitoring Well Abandonment...,.._ mn�mmmmmITITIT - Lump sum cost for monitoring well abandonment for $1,500 up to five (5) monitoring wells by licensed State of Indiana water well driller Additional Fee Schedule Documentation Soil Samples: VOCs: $52.80 PAHs: $62.70 Lead: $8.80 RCRA 8 Metals: $61.60 Unit Rate Schedule for Laboratory Costs for soil and PCBs: $88.00 groundwater samples, if necessary, along with unit rate Groundwater Samples:VOCs: $52.80 schedule for 55-gallon drum waste disposal PAHs: $62.70 Lead: $8.80 Lead Scavengers: $49.50 RCRA 8 Metals: $61.60 PCBs: $98.00 Waste Disposal (Per 55-Gallon Drum): $117 Estimated Project Total (All Phases) $138,748 Heartland will work closely with IBP staff to ensure than all costs incurred as part of procured consulting services are the most cost efficient and will work with IBP staff to minimize, where possible, incurred environmental consulting costs related to site specific project work. A copy of fie~ awa�a Rtxpw st lbr Pr(112gsals for l wwwn:w°t7wwwaaewzwaw9 Asse,ssmewat. �,I,wwalart rtjyri. i Storage lank 1�aswpovaal and eernealiaation Services. Former Steve's Marathon Service Station 1°`ac�ilaww is South�Wnal. L7eiawwa. Proposal 02019 07-1 r1 Page 13 the IBP Cost Analysis Spreadsheet is provided in Appendix A. Please note a more detailed cost breakdown is included in the text above. 4.0 Project Schedule The estimated project schedule is provided below: �............. Indiana Brownfields Program ......... ..... Former Steve's Marathon Service Station Facility in South Bend, Indiana Environmental Assessment, UST Removal and Remediation Services Estimated Proiect Schedule Project Activities Estimated Delivery Date Receipt of Notice of Award and Initiation of Project Planning August 15, 2019 Contract Execution and Notice to Proceed August 19, 2019 Delivery of Phase I ESA and GPR Survey September 13, 2019 Delivery of Site -Specific UST Removal Work Plan/HASP September 13, 2019 Initiation of UST Removal and Remediation Activities September 30, 2019 Initiation of Subsurface Investigation ...... ........... In Concert with UST Removal Activities and Remedial Action Delivery of UST Closure Report October 30, 2019 Delivery of Site -Specific SAP/HASP (if necessary) Following UST Closure Activities (Anticipated October 30, 2019) ww_m W_W Following Submittal of Phase II ESA Monitoring Well Installation Activities (if necessary) Report (Anticipated mid -November Initiation of Quarterly Groundwater Monitoring (if necessary) ............................... Mid -December 2019 Final Quarterly Report (if necessary) December 2021 Monitoring Well Abandonment (if necessary) _.- ................... __ 22 January . after issuance of NFA letter_...... � � ... ... 5.0 Green Remediation Strategies Heartland understands that the IBP desires to have site activities conducted with care taken to implement green remediation strategies that will serve to maximize sustainability, reduce energy and water usage, promote carbon neutrality, promote material reuse and recycling and protect and preserve land resources. Heartland is committed to conduct site activities in as "green" a manner as possible and works to conduct site activities in accordance with the USEPA's Principles for Greener Cleanups and the ASTM E2893-13 Standard Guide for Greener Cleanups. Specifically, the following steps will be implemented by Heartland and its subcontractors during site activities as part of the "green" remediation strategy: 0 Idling of vehicles will not be permitted at any time; e � �t s for Pro xmis for E",n rfirr nnienud Assessment. Underground and Sionaec Tank Rcanova! ,ind Remedi aiio n Services. Former Steve"s Marathon Service Sialion 9 adhlw in South 13,ent➢ Imfiana LIg 1120➢907-➢51 ��-Page 14 o Vehicles will include personal use cars and trucks and heavy equipment, including excavators, loaders and bobcats. • Recycling containers will be placed onsite to recycle any and all appropriate waste generated during site activities. Furthermore, any personal food items brought onsite must be brought in reusable containers and/or recyclable containers to minimize onsite waste generation; • Local trucking companies will be utilized to minimize mobilization travel and decrease fuel consumption and carbon emissions; o Trucks entering the site and awaiting loads will be asked to shut vehicles off and not idle while truck loading is ongoing. • Should soil over -excavation be determined necessary, soils that are determined to be clean will be segregated and stockpiled for reuse as backfill; • Soils removed offsite for disposal will be trucked to local landfill sites within the nearest proximity to the site. For purposes of this project, Heartland anticipates trucking soils to Prairie View Landfill in Wyatt, Indiana, located approximately 20-miles from the site; • Local sources (within 15 miles from the site) will be utilized to import clean backfill material, if determined necessary; • When appropriate, Heartland will utilize its staff hybrid gasoline/electric vehicles (Toyota Prius or similar vehicle) to conduct field activities at times when large transport of field equipment is not necessary. Please note Heartland will man this project from its South Bend, Indiana office, located approximately 5 miles from the project site. In addition to these green strategies, Heartland will require its subcontractors, including drilling and laboratory subcontractors, to follow green principles. Heartland's drilling subcontractor will be implementing the following activities: • Idling of vehicles will not be permitted; • Zero waste generation goals will be in place, with care taken to recycle any generated waste during site activities; • Water usage will be kept to a minimum, with care taken to replace decontamination water when appropriate and to minimize spillage while decontamination of equipment is occurring. All used decontamination water will be containerized for disposal in reusable 55-gallon steel drums. Heartland will be working with Pace as its laboratory subcontractor for this project. Pace has implemented the following green initiatives as part of its overall corporate strategy: • Pace is a paperless laboratory, providing digital copies of final laboratory reports and using online tools to provide customers with access to laboratory documents. By being paperless, Pace uses less paper, printer toner and energy due to the lack of printers and copiers being run; • Pace has implemented technological advances to allow for minimizing sample volume necessary to run specific analytic methods. Reduction of sample volume allows for less .esPt rr u- „���, a mte t friar 1'rtr xm a8s F�tir kav sir arrrrorouewta ,x nienl 8, ndergra° unrB tuara� + .1 mmmml removal and ,1"ve ma di ��fion Sava eti. Former Steve's Marlith rrc Service Stati mru Fspcifity in South fiend In ig[LiL f'ao ),;a ff'2019 07-159 Page 15 waste disposal and lesser sample vial usage. Furthermore, Pace provides reusable coolers to its clients for sample holding and delivery; • Pace utilizes a gasoline/electric hybrid vehicle for local courier services and encourages carpooling amongst its staff; and « Pace has implemented a solvent recycling program, recycling commonly utilized laboratory solvents such as methylene chloride for industrial repurposing as opposed to disposal, saving in disposal of hazardous wastes. Heartland is committed to conducting site activities in as green a manner as possible to promote energy savings, promote reuse and recycling, minimize carbon footprint emissions and to minimize waste generation and disposal. Heartland field staff will constantly monitor site activities to make sure these strategies are being implemented and will document in its final reports to the IBP specific green strategies which were implemented during site activities. 6.0 Documentation 6.1 Reporting All work completed by Heartland will be done in accordance with all federal, state and local safety and health regulations. All paper copies of reports, schedules or other documentation will be provided on recycled paper. Two (2) copies of all final reports will be provided to the IBP along with two (2) digital copies on compact disc. In addition, necessary print copies and/or digital copies will be generated and submitted to IDEM and the site owner, as appropriate. 6.2 Invoicing Project work will be invoiced on a phased invoicing cycle. Heartland will provide the IBP with one invoice upon completion of each site activity, including completion of initial subsurface investigative activities, completion of remedial activities, completion of monitoring well installation activities and completion of quarterly monitoring events. Heartland will work closely with the 1BP to ensure a streamlined invoicing system is adhered to. Serviem F"ormer iieWs Marathon Soyth ILctqjWiana. Pronomd #112010-07-151 Appendix A: IBP Cost Analysis Spreadsheet SEP Guidelines SUPPLEMENTAL ENVIRONMENTAL PROJECT ;'T GUIDELINES Introduction Supplemental Environmental Projects ("SEPs") are a tool utilized by the Indiana Department of Environmental Management's ("IDEM") Office of Enforcement in negotiating settlements of enforcement cases. A SEP is an environmentally -beneficial project that improves, protects, or reduces risks to public health or the environment, which a regulated entity agrees to undertake in further settlement of an enforcement action, but which the regulated entity is not otherwise legally required to perform. In certain cases, and consistent with IDEM's SEP policy (see, Supplemental Environmental Project Policy, Enforcement-08-003-NPD (June 20, 2008)), IDEM agrees to allow a respondent to make a cash payment of an agreed -upon dollar amount ("SEP Funds") directly to the Indiana Finance Authority ("Authority") in lieu of an assessed civil penalty for use on a brownfield prgject in the city, towii or courit�y in which the violation underlying the enforcement action occurred'. Once notified by 11. EM's Office of Enforcement that a respondent has been approved to undertake a brownfield SEP, the Indiana Brownfields Program ("Program") coordinates with the beneficiary community ("SEP Recipient') to select a brownfield property at which to utilize the SEP Funds consistent with these guidelines; priority will be given by the Program to sites that are not privately -owned. As part of IDEM's underlying enforcement order, the Program establishes a site or community -specific account within the Environmental Remediation Revolving Loan Fund managed by the Authority, into which the respondent's payment of SEP Funds is deposited. The Authority then executes a financial assistance agreement ("Agreement") with the SEP Recipient (or another eligible Indiana political subdivision (as defined by Indiana Code ("IC") 13-11-2-164(c)) on behalf the SEP Recipient) and the consultant(s) it retains to undertake site work, through which the eligible SEP project activities are reimbursed by the Authority from the site or community -specific account following Program approval of project activities and expenditures. Examples of political subdivisions that qualify for financial assistance from the Authority can be found on the Program's web site at: htt ://ww�v.brownfields,in, 2� . Not -for - profit or for -profit corporations may be involved in the assessment, remediation or redevelopment project at the brownfield site at which SEP Funds will be spent, but will not directly receive SEP Funds from the Program as all awards are made only to the political subdivision involved in a project. Any shortfall of funding to complete environmental assessment or remediation or redevelopment efforts on the selected brownfield may be supplemented by other financial assistance awarded by the Program or a site/project- specific determination by the Program under these guidelines to provide funding to supplement the SEP Funds in order to facilitate completion of the work needed to allow site's beneficial reuse. If State brownfields financial assistance will supplement SEP Funds, the Indiana State Budget Agency will be included as a parry to the Agreement. 'More information on the availability and scope of SEPs can be found on IDEM's web site at: http v/1demiW4 N 07 htm. Eligibility Criteria This section contains the criteria that ensure the SEP Recipient (or another eligible Indiana political subdivision accepting SEP Funds on behalf the SEP Recipient) and the site are eligible to receive SEP Funds. The statements listed below must be true with respect to the brownfield site to which the SEP Funds will dedicated: • The SEP Recipient did not generate or transport hazardous substances, pollutants, or contaminants at or to the site; • The SEP Recipient did not own the site or operate any facility at the site at the time of disposal of hazardous substances, pollutants and contaminants at the site; • All disposal of hazardous substances, pollutants and contaminants at the site occurred before the SEP Recipient acquired the site (if applicable); • The SEP Recipient has not caused, contributed to, or exacerbated the release of hazardous substances, pollutants or contaminants on or from the site; and, • No other stakeholder involved at the site (e.g., private property owner, developer) is a financially viable party that is potentially liable to remediate on -site contamination unless such stakeholder demonstrates the applicability of an exemption from liability (e.g., landowner liability protection such as bona fide prospective purchaser ("BFPP") or involuntary acquisition by a political subdivision) or, at the discretion of the Program, for the purposes of awarding SEP Funds only, a stakeholder satisfies the criteria to qualify as a BFPP but for having purchased the Site that is the subject of the Agreement prior to January 11, 2002, so long as the stakeholder can satisfy all the other BFPP requirements listed below: • All disposal of hazardous substances at the site occurred before the stakeholder acquired the site. • The owner must not be liable in any way for contamination at the site or affiliated with a responsible party. Affiliations include familial, contractual, or corporate relationships that are the result of a reorganization of a business entity with potential liability. • The owner must have made all appropriate inquiries (AAI) in to the prior ownership and uses of the site prior to purchase. AAI, typically satisfied with an ASTM-based Phase I environmental assessment, cannot be more than one year old at time of purchase and must be updated, prior to purchase, if it is more than six months old at time of purchase. Please see EPA's AAI Final Rule (70 FR 66070) (http :/,`/r,\,w°vv.e,)a.e(,,lv/bt°ovvn elds/1e ne x..hti-n). • The owner must take appropriate care (reasonable steps) regarding any hazardous substances found at the site, including preventing future releases and exposures to hazardous substances on the site. • The owner must provide all legally required notices and cooperate with authorized response persons in the event of a discovery or release of any hazardous substances at the site. • The owner must comply with any land -use restrictions associated with response actions at the site. In addition to the above, the following must also be true of SEP Recipient and/or the site at which SEP Funds will be dedicated: Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008 1. The property meets the definition of a brownfield.z 2. The SEP Recipient (or entity executing the Agreement on behalf of the SEP Recipient) meets the definition of political subdivision (as defined by IC 13-11-2-164(c)). 3. The site is not subject to an open or pending state or federal enforcement action. 4. The site is not under Resource Conservation and Recovery Act Corrective Action. 5. The site does not present an imminent threat to human health or the environment. 6. If the SEP Recipient intends to use SEP Funds to perform asbestos abatement activities, it has submitted its "IDEM Notification of Demolition and Renovation Operations" (State Form 44593 (R2/8-99) to IDEM's Office of Air Quality ("OAQ") for review and has received acknowledgment (notice confirming its receipt) from IDEM OAQ. The "IDEM Notification of Demolition and Renovation Operations" requires a start date be included on the form; this date should be no earlier than three (3) months from the date of notification regarding the availability of SEP Funds in order to allow for the Agreement administrative process to run its course should SEP Funds be awarded. 7. The current owner of the brownfield, if not the SEP Recipient, has provided written consent to the SEP Recipient for site access to perform the activities on which SEP Funds will be spent. Access to the brownfield must be given to the State, any consultant(s), the SEP Recipient, and any of their respective representatives or agents for the duration of the Agreement performance period (two (2) years from the execution date of the Agreement). Note: For purposes of threshold eligibility review, the Program, if necessary, may seek clarification of SEP Recipient information and/or consider information from other sources, including IDEM, the Authority, or United States Environmental Protection Agency files. In addition, a determination of eligibility to receive SEP Funds from the Authority under these guidelines does not release any parry from obligations under any federal or state law or regulation, or under common law, and does not impact or limit state or EPA enforcement authorities against any party. Sti t latit)rls 1. Investment (match requirement): SEP Recipients intending to spend SEP Funds on a privately -owned brownfield site will be required to demonstrate a certain level of investment within a two-year period following the execution of an Agreement. The required investment will be determined based upon an SEP Recipient's population and Median Household Income (MHI) from the 2000 census data. Please refer to the following chart to determine a SEP Recipient's required investment: 2 A threshold issue evaluated by the Program is whether the property on which SEP Funds are sought to be spent meets the definition of a brownfield, which is a parcel of real estate that is abandoned or inactive; or may not be operated at its appropriate use; and on which expansion or redevelopment is complicated because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment. IC 13-11-2-19.3. Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008 In -kind services will be considered "investment" for matching funds only if such services are directly related to the SEP Recipient's project and/or work performed at the project site. Permanent jobs created at the redeveloped project site will receive a credit of $1,000 per job created. Temporary jobs (e.g., construction related) may not be counted. While not limited to the following, other potential investment can include costs associated with remediation, demolition, infrastructure, and construction. SEP Recipients have two years from the date of execution of their Agreement to demonstrate the required investment. SEP Funds not matched within the two-year period following execution of the Agreement with the Program will become a loan required to be repaid over a five year term. Requests for an extension of the investment deadline and an alternative investment credit (e.g., investment in adjacent properties) must be made in writing to the Program and will be evaluated on a case -by -case basis. The Program reserves the right to determine if the activities the SEP Recipient applies to this investment stipulation satisfy the requirement. A fact sheet on the investment requirement is available at l�itt :Hwww.brom,til°lelds.gn. o N,. 2. Competitive Bidding: SEP Recipients must demonstrate services to be reimbursed with SEP Funds have been/will be competitively bid. Professional services need to be procured in compliance with IC 5- 16-11.1, and activities other than professional services are required to be procured in compliance with IC 36-1-12. Program Project Managers may assist in developing bid specifications for work to be performed with SEP Funds. By signing a Disbursement Request Form when seeking reimbursement from the Authority, the SEP Recipient will be affirming that the invoiced services submitted for payment were bid pursuant to Indiana law. A competitive bidding fact sheet is available at bt.t :,,�mww.bl°ov�,nfields.in,gov. Ell Bible tjses of SEP Funds; Disbursement Procedures SEP Funds can be used for costs associated with eligible and approved assessment, cleanup and redevelopment activities ("Project Activities"). Costs eligible for SEP Funds include: • Inventory survey of brownfield sites • Phase I Environmental Site Assessments (ASTM E1527-05) • Phase II Environmental Site Assessments and related activities • Asbestos surveys • Lead -based paint surveys • Remediation Work Plan development • Soil, sediment and/or groundwater remediation activities • Asbestos abatement • Demolition of existing site structures • Habitat restoration • Construction of a cap to develop a walking/bike trail • Brownfield acquisition by a political subdivision • Supply a water purification system for a home with a contaminated drinking water well • Supply a vapor mitigation system to address contaminated indoor air Project Activities must be conducted consistent with IDEM's Risk Integrated System of Closure ("RISC") guidelines and local, state and federal regulations as applicable and in effect at the time the Program 4 Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008 approves the proposed Project Activities. RISC is a set of health -based standards used to evaluate cleanup options and contaminants based on detailed site data and proposed site end use to determine the appropriate cleanup option and contaminant reduction level necessary. All activities conducted with SEP Funds must receive Program approval prior to implementation. Disbursements of SEP Funds will be made by the Program to the political subdivision for payment to the consultant(s) after the Program receives and approves invoices for work performed consistent with Program -approved Project Activities. Alternately, a SEP Recipient may request that the Program disburse payments directly to its consultant(s). Specific information about eligible uses of SEP Funds, ineligible activities and expenses, and disbursements is available in the Supplemental Environmental Projects Disbursement Guidelines and can be found at Brtt �;°wow bronfi�ds�ila.�cv ltieli6ble Uses of SEP Funds SEP Funds cannot be used for any activities conducted prior to execution of an Agreement without prior approval by the Program. In addition, costs incurred due to specific requirements of the IDEM Voluntary Remediation Program (i.e., consultant oversight fees, application fees, etc.) or pursuit of historic insurance coverage will not be covered by SEP Funds. Further hif'orination We welcome comments on brownfield SEPs at any time. Questions regarding these guidelines can be directed to the Indiana Brownfields Program's Senior Environmental Manager at (317) 234-0968. These guidelines may be modified at any time by the Authority Board to address issues to promote the effective and efficient administration of the Indiana Brownfields Program. ``version Date: November 10, 2008 Supplemental Environmental Project Guidelines Indiana Finance Authority November 10, 2008 EXHIBIT C Consultant Supplement The undersigned, Heartland Environmental Associates, Inc. (the "Consultant"), understands that its bid for Project Activities has been selected by the SEP Recipient (as set forth below), as the Awarding Party, and it agrees to perform the Project Activities and obligations of the "Consultant" with respect thereto under the SEP Agreement ("Agreement"), by and among the Indiana Finance Authority ("Authority") and the SEP Recipient, upon approval (as set forth below) of this Consultant Supplement by the Authority, such Consultant shall be obligated as a party to the Agreement as if the Consultant had entered into this Agreement with the Authority and the SEP Recipient on and as of the Effective Date as set forth therein. The Consultant represents and warrants to the Authority and the SEP Recipient that it is capable and qualified to undertake and complete all Project Activities and obligations of the "Consultant" under the Agreement. Capitalized terms not defined in this Consultant Supplement shall be ascribed the meanings set forth in the Agreement. The Consultant represents that it has read and understands the terms of the Agreement, and by its signature, does thereby agree to the terms of the Agreement as of the Effective Date. "Consultant" Heartland Environmental Associates, Inc. 1=1 PRINTED NAME, TITLE ................ ..... F......................... DATE ATTEST: By,...... �.. _.....�. �................. PRINTED NAME, TITLE __..,..... DATE........____.._�.. �....m.... � _..�.��—, � ..� Selected and Awarded B)^ the Awarding Party: "SEP Recipient" City of South Bend, Indiana ONO VX P. RINTED NAME x DATE s "Consultant's Notice Address" shall be: 3410 Mishawaka Ave. South Bend, IN 46615 ARRL ved BY: "uthoritl„" Indiana Finance Authority By- ... .......w. ,�,�,..... ... PRINTED NAME, TITLE DATE r Consent from Property Owner (if required) Sample Brownfields Project Survey Form saft Brownfields Project Return on Investment (ROI) Survey M wat - � s Nw Indiana Finance Authority Site Name: Brownfields site Number:I Address: ,Citµ+ .. ..., litr 63uuuta? Instructions Use "x" to mark fields that do not require description or numerical values. 1. Site Status No ... .. . ........ m ........ ........ _.---_..-...._,,.,�......,.,.., Yes Date Describe current status of Site a Remediation Required? NA b Ramediation Complete? 2.Redevelopment Status .... ......_.-- Planned....�...InPro.�..........m..�... � ... p .,.t . .r pat o Progress Completed Date that redevelopment was either completed or is anticipated to .,....... ,. - _ .......... ...... -.... -. ..,,, ... ,....,. ....�. becomppcte Mark field that applies Size of Site (acreage) --- - 3. Funds Leveraged ---- PublicSources($) - 9 (O n - Private Sources $ Owner Description (Insurance (/ je_�. Description Non (Local, rrederap Recove.... a. Actual Amount b Projected Amount 4. Jobs of Jobs 5. Greenspace Parks Trails Other (specify) ...------ ._....... ...... ..... ._, ..,,........ .... Development .... -- _............... . --- ..... _ ,- I .,.....,,.....-, a Permanent created a Created Is Temporary created 1 p Y. b Retained ., .... .. c. Retained ..... m. ... c. Projected .. .....� a...Projected 1 ._ .,.,, ...., .......__ ................... .............. ... d Total Acres/Miles 6. Business: #!Type # of Businesses Commercial Industrial Mixed Use Description a Created ---------------- b. Retained c Projected 7. Housing Units: #!Type # of Housing Units .. Single -Family Multi -Family Senior -Living Apartments .. . .... . ....... _ .......-..... ,..., a. Created ,. , b. Retained .-.- ..... . '.. c Projected ........,......BuildiReuseterials...-.._._ ,... � 8, Green Reuse) Sustamability Building/ AlteEneive/Low,.,.. enable in .-.-.-.- _.._._.._. .................. .... �.. Other (specify) Dave Energy Development ,,,,,,,,,, .......................- Mark all fields that apply ......... ............. , . __....... ..............,..-,....... -- ........... __.... .. 9. Assessed Value and Taxes Assessed Property Valuation ($) Assessed Property Taxes ($) ... ,............... ..... .......................... a Pre -Redevelopment Total --........... —......... _.._.._...,.............................. .. ................ ----- .. ......... b Current Total ... ..... ......... _____........... _ ....,.,..............AA .,� ,.,.,.,,, a Projected Total -- ............. .. m s[nauam the a of brownfw ee ..�. E ens in the ..nysiansd _—...-.� �. .„_ ,... action 10. Community Information (Govt. officials only) Does the community maintain a brownfrekt im emory? ,,...,.......Pe _.....,.. ,..�.� rfJame ......� _.-_-._._--_.., . .............,,........... .......... ....------------ .-. . i`YSWia .. . , ---- ........ Urggnnucalnrn ------.-.. ......... .. ...................� . !.Phone Number 11. Respondent Information .._ ,_ EmeO ....... .................... ---- ,,,,,,,,, ...A ... ...... - ---...........,_..-. .;Date Carnpleted Return this form to: INDIANA BROVINFIELDS PROGRAM 100 N Senate Avenue, Room 1275 Indianapolis, IN 46204 Phone: (317) 234-9764 Fax: (317) 234-1338 Or email to: R01FAtry9y j, jri, .4V Rev Dec 2016 Payment Guidelines — Activities and Objectives Summary and Schedule Financial Assistance Disbursement Guidelines State Funding August 2018 Indiana Brownfields Program • 100 North Senate Avenue, Room 1275 • Indianapolis, IN 46204 Phone: (317) 234-4293 • Fax: (317) 234-1338 www.brownfields.in.gov General The policies in these Disbursement Guidelines (Guidelines) apply to Brownfields State -funded projects administered by the Indiana Finance Authority (Authority) through the Indiana Brownfields Program (Program). State funding includes Low -Interest Loans (LIL), Phase I Environmental Site Assessments (Phase I ESAs), and the Petroleum Orphan Site Initiative (POST). The Program also awards financial assistance for Supplemental Environmental Projects (SEPs) on a brownfield that are funded with settlement proceeds from environmental enforcement cases. The following general items apply to all disbursements subject to these Guidelines: • All funding recipients are required to execute a Financial Assistance Agreement (Agreement) with the Authority. • Funds are not retroactive. However, certain costs for low -interest loans that are incurred by recipients prior to a loan closing are eligible with Program approval. Examples include closing costs (i.e., legal and/or financial advisor fees), Health & Safety Plan and Remediation Work Plan preparation costs. • All activities to be funded must receive Program approval prior to implementation. • Requests for payment should not be submitted until the applicable funding conditions, if any, have been satisfied. • Payment will be made only to reimburse expenses related to activities approved by the Program and included in the Agreement. Invoices and back up documentation are required. • Recipients must follow Indiana Code (IC) 5-16-11.1 and IC 36-1-12, as applicable, when procuring services to be reimbursed with or paid for using State funds. Additional information about this requirement can be found in the Guidance on Competitive Bidding. By signing each Disbursement Request Form (described below), a recipient will be affirming that the invoiced services submitted for reimbursement were bid pursuant to Indiana law. • All invoices must be submitted to the Program for processing no later than three (3) months after the issuance of a Comment Letter, a Site Status Letter, a No Further Action Letter, or other activity completion documentation issued by the Program. Any invoices submitted for payment after that date will not be accepted. Eligible Costs State or SEP funding may be approved for site assessment and/or remediation (and related) activities. Eligible costs depend on the financial incentive under which the state funding has been awarded. The following costs are eligible under the particular financial incentive indicated: Petroleum Orphan, Site Initiative: • Phase II environmental site assessment • Underground storage tank (UST) removal • Removal of piping associated with USTs • Removal of drums, barrels, tanks or other bulk containers that contain or may contain petroleum, pollutants or contaminants • Removal of source materials, including free product recovery • Preparation of a Remediation Work Plan • Excavation, consolidation, or removal of contaminated soils • Installing, monitoring and maintaining soil, ground water and/or vapor remediation systems Phase I Environmental Site Assessments: • An ASTM E 1527-13-compliant Phase I environmental site assessment and report Low -interest Loan and Supplemental Environmental Pro"acts: • Property acquisition (LIL only) • Inventory/survey of brownfield sites (SEP only) • Phase I and Phase 11 environmental site assessment • Preparation of a Remediation Work Plan • Removal of drums, barrels, tanks, or other bulk containers that contain or may contain hazardous substances, pollutants, or contaminants, including petroleum. • Soil and ground water remediation activities • Installation of fences, warning signs, or other security or site control precautions • Installation of drainage controls • Stabilization of berms, dikes, or impoundments; or drainage or closing of lagoons • Demolition and disposal of structures (for LIL, only if performed in conjunction with Program -approved remediation activities) • Asbestos and/or lead -based paint survey and/or abatement (for LIL, only if performed in conjunction with Program -approved remediation activities) • Costs associated with fees of legal and/or financial advisors related to closing an LIL Loan. • Voluntary Remediation Program ("VRP") administrative expenses (i.e., VRP application fee, oversight fees, etc.)(LIL only) Other: The Program, in its discretion and upon Authority Board approval, may award project -specific financial assistance outside of an established financial incentive. Eligible costs may include any of the above -listed costs. Other important items related to eligible expenses include: • Maximum "mark up" on all subcontractor work, rental equipment, materials, etc. is 10%. • Travel and lodging costs will be paid in accordance with state policy and rates. The current policy and applicable rates can be found online at the following link: httDs://www.in.gov/idoa/2459,htm • Some costs that are incurred prior to a low -interest loan closing may be eligible for payment/reimbursement if approved by the Program. Examples include closing costs (i.e., legal and/or financial advisor fees) and Remediation Work Plan preparation costs. • Unless otherwise specified, funds will only reimburse costs to generate and transmit environmental reports to the Brownfields Program, IDEM, and the property owner (one hard copy and one electronic copy each). • Reports should be printed in black and white only. • A maximum of 5% of a funding award may be used to reimburse professional service fees not accounted for in the scope of work. These may include (but are not limited to) the following: planning/site meetings and coordination with Brownfields Program staff. These tasks must be related to the site/project that is the subject of the funding award and cannot be used for general marketing or community outreach activities. Any site - specific, pre -bid submittal professional services costs for which reimbursement is sought should be categorized as such and included in the consultant's bid. Detailed accounting of these costs will be required prior to payment. lneli ible Cos s The following costs are ineligible for payment/reimbursement unless approved in writing by the Brownfields Program before they are incurred: • Costs incurred prior to final execution of a Professional Services Contract, a site -specific Project Amendment, or financial assistance agreement; approval of scope of work; or before receipt of notice to proceed from the Program. • Expenses outside or in excess of the approved scope of work. • Costs incurred as a result of unapproved changes to the approved scope of work. • Per diem and/or meal allowance or reimbursement. • Certain site restoration costs, including new concrete or asphalt, reseeding of grassy areas, etc. • Overnight, courier, or other express delivery of reports or correspondence to the Program unless the Program requests expedited delivery. Regular mail delivery is sufficient. • Report generation and transmittal to a recipient other than the Program, IDEM or the property owner. • Reports printed in color. Only black and white copies will be accepted. • Costs incurred while performing field work for which Brownfields Program project managers have not been provided adequate notice (at least 2 weeks prior to planned field activities or phone call within 12 hours of discovery of emergency condition). • Ordinary operating expenses of the recipient. • Ordinary site maintenance. • Construction, demolition, and development activities that are not cleanup actions (e.g., marketing of property or construction of a new non -cleanup facility). • Cleanup costs of a naturally occurring substance below background levels; products that are part of the structure and result in exposure within residential, business or community structures (e.g., interior lead -based paint or asbestos contamination which results in indoor exposure); or, public or private drinking water supplies that have deteriorated through ordinary use, except as determined on a site -by -site basis and approved by the Program • Monitoring and data collection necessary to apply for, or comply with, environmental permits under other federal and State laws, unless such a permit is required as a component of the cleanup action • Support of job training • Lobbying efforts • Direct administrative costs Payments will be made in arrears following invoice submittal and approval. All reimbursements will be made for items/charges at the unit rates included in the approved scope of work. A Program representative must provide advance approval of any changes to an approved scope of work/work plan, including changes that result in modifications to the approved budget (see Disbursement Request Form for more information). If an activity is performed under budget or below the approved amount, the difference may not be used for other activities or in other categories unless approved in advance. Process 4 Requests for payment must be submitted using the Cost Analysis Spreadsheet/ Sample Form attached to these Guidelines as pages 7 and 8. An electronic version is available at htt .flww.brownfields.1n gWoy. The Cost Analysis Spreadsheet/Sample Form must be accompanied by all required supporting documentation and a completed Disbursement Request Form. The Brownfields Program reserves the right to request additional information about any payment request. Invoice Information. Re uired Su ortin Documentation • Invoices should contain a detailed explanation of the work performed. They should identify the nature of the service(s) and/or material(s) provided, the amount charged for the service(s) and/or material(s), the identity of the provider(s), and the date(s) on which the service(s) and/or material(s) were provided. • Required supporting documentation includes the following: copies of timesheets for each staff person working on the project during the invoice period or a system -generated report that identifies each staff person's name, the amount of and date on which time was charged to the project, the activity conducted, and the hourly rate; copies of receipts for any materials or items purchased (monitoring well locks, ice for samples, etc.); subcontractor invoices; hotel receipts; copies of equipment and mileage logs; etc. • Copy(ies) of written approval(s) for any changes to approved scopes of work/Remediation Work Plan should be included with invoices for payment. • An executed Disbursement Request Form (an electronic version is available at htt ://www,browrifields.in. ov) should also be included with each payment request. Payment Processing • If the project is SEP or LIL-funded, the consultant should first submit all paperwork to the funding recipient for approval. The recipient should review the invoice package for accuracy and eligibility before signing the Disbursement Request Form and sending to the Program for payment. If the project is POSI or Phase I ESA -funded, the consultant will submit the invoice package directly to the Program. • All requests for payment sent to the Program for processing must be accompanied by an executed Disbursement Request Form found on page 9 of these Guidelines (an electronic version is available at htt :/)www.brownfields.in. ov). • The Program will review the payment package and follow up on any discrepancies, missing documentation, etc. The Program must have a complete package prior to issuing payment. • Payment will be triggered by the satisfactory completion of the activities outlined in the payment request. Payment for report generation and submittal will follow the Program's review and approval of the report. The final payment for a project will be transmitted after the issuance of a Project Status Letter, Site Status Letter, No Further Action Letter, or some other completion documentation issued by the Program, if applicable to the type of financial assistance awarded. • After invoice review and approval, an electronic payment to the funding recipient, the consultant, or the contractor (as directed on the Disbursement Request Form) will be processed by the Program. In order for you to receive payment, please confirm that the electronic payment information included on the Disbursement Request Form is current and correct. Forms The following is a list of applicable forms for State -funded projects: • Cost Analysis Spreadsheet/ Sample Form (pages 7-8; electronic copy at littp://www.brownfielqLin,gov) • Disbursement Request Form (page 9; electronic copy at http://www,brownfields.in.gov I v � IIII(4(. II q/.o WY W Vwn N,n' ur iW,d t✓M' an J arty MV yr W Mk pPW4N {{ NY NYb WX r,*94XXn Nk� NN I Y �y 1 (Lp i y W q6 pp[I SP I 6 f p i W f I Iws C Y w i ro r m I d uw .p yW.. rm an an ra { P� o p d iu51 fn �, ti✓u xwn U'M,- p mrinxva yr`W, m ae l�zA � IM fleh'u,*M .. ..m. m., _.,, .... '_ � ��.. GP 4R 1 r � 11 y .r G^ � ,dry CX ny y�,y ur �.. ;�'� gyp. �W •" �w+ � �w Jw r '� 5 g.mo �'av 4a�., GiIM1a' f 0"ti ( Y�+14f1 RD R? qkl 'Y ,ry, k'DY 4i LLI�Gu, i9 i h— li 4 Y'iA L,3 GCS .= rvrj pu vY acu INDIANA BROWNFIELDS PROGRAM - DISBURSEMENT REQUEST FORM Instructions: This Disbursement Request Form is to be typed and completed by the Financial Assistance Agreement Recipient for each payment request. • The Disbursement Request Form is to be used for all eligible costs associated with the Financial Assistance Agreement Recipient's brownfields redevelopment project. • Attach a copy of the claim (a bill, invoice or a statement) supporting this Request. • Requested amounts must be rounded to the nearest whole dollar. • Attach the Program change order approval if any part of the current claim is a result of a change order. Brownfield Program Site#: Project Name: Financial Assistance Recipient: Contact Person: Phone#: Email: Recipient's Authorized Representative: Authorized Representative's Phone#: ( 9. Consultant: 10. Contact Person: 11. Phone#: 12. Email: 1.b. Funding Type; 13. Invoice#: 14. Description of work for which claim is being made (service, fees, type of, etc.) 15. Amount of this Request: $ 16. Original Financial Assistance Amount: $ 17. Total Amount of Approved Change Orders: $ 18. Revised Project Budget: $ 19. Total Amount of Previous Disbursements: $ 20. Balance Available after this Disbursement: $ 21. Is any part of this claim a result of a change order? YES NO 'If yes, please attach the Program change order approval 22. Do you want payment mailed directly to the consultant? YES NO If yes, payment will be sent directly to the consultant listed in #9 above 23. Payment/Wiring Instructions (for the entity receiving payment) 23a. Bank Name: 23b. Bank Contact, Phone#: 23c. Account Number: 23d. Routing Number: The undersigned hereby certifies that this Request is true and correct, that the claim underlying this Request is due in accordance with the Recipient's Financial Assistance Agreement with the Authority, and that the services contained in such claim were procured in accordance with Indiana's public bidding laws and federal cross -cutting requirements (e.g., Davis -Bacon), if applicable. AUTHORIZED REPRESENTATIVE SIGNATURE Date Revised August 2018 AMENDED MASTER SCHEDULE TO SEP FINANCIAL ASSISTANCE AGREEMENT SEP Recipient is: City of South Bend, Indiana Effective Date shall be: , 2019; Term of Agreement shall be two (2) years after the Effective Date SEP Funds shall be: $10,044.00 to be authorized under this Financial Assistance Agreement. (A total of $41,400.00 was available under the Settlement Agreement referenced in paragraph 1 of this Financial Assistance Agreement, but only $31,775 was disbursed of the $37,500 awarded. The balance of the SEP with accrued interest is $10,044.00) The Heartland scope of work for $138,748 (Exhibit A) will be funded with a combination of Petroleum Orphan Site Initiative (POSI) funds ($120,228), another South Bend SEP (Honeywell- $8,476) and this Noble America's SEP balance. "SEP Recipient's Notice Address" shall be: Christopher Dressel Brownfields Coordinator City of South Bend 227 W. Jefferson Blvd., Suite 1400S South Bend, IN 46601 Site shall be: Steve's Marathon Service Station Brownfield Site Number: 4190602 SEP Recipient's Representative: Authority's Representative: EXHIBIT A Authority -approved Scope of Work or Workplan Response to Request for Proposals Project Name: Former Steve's Marathon Service Station Facility in South Bend, Indiana Environmental Assessment, Underground Storage Tank Removal and Remediation Services for the Former Steve's Marathon Service Station facility located at 534 North LaPorte Avenue in South Bend, Indiana Submitted to: Indiana Brownfields Program Attn: Mr. Mitchell Smith 100 North Senate Avenue Room 1275 Indianapolis, Indiana 46204 Submitted by: -Contact: Nivas R. Vijay, CHMM Heartland Environmental Associates, Inc. nvi`a heartlandenv.com 3410 Mishawaka Avenue / 1324 East 16th Street South Bend, Indiana 46615 / Indianapolis, Indiana 46202 July 15, 2019 Tie we "sank Removal and B nie,t�Yial� on Sera wines. Former Stetve`s Marathon Service Station Facility in South Bend, Indiana -Proposal #1,12(�194)7-151 Page 2 1.0 Site Background The former Steve's Marathon Service Station facility, located at 534 North LaPorte Avenue in South Bend, Indiana, consists of a former gasoline service station located on approximately 0.11- acres of land situated on one parcel (Parcel ID #71-08-02-354-011.000-026). The site consists of a one-story former gasoline service station building with associated paved parking and landscaped areas. The site is located in a predominately residentially developed area northwest of downtown South Bend. Heartland understands that the site is being evaluated for future redevelopment; therefore, site activities are being conducted to prepare the site for future redevelopment activities. Based on a review of the Indiana Department of Environmental Management (IDEM) Virtual File Cabinet (VFC), the site was registered as having three (3) steel gasoline USTs of unknown capacity being in use in August 1987. A review of available IDEM UST Notification Forms further indicated that the site had two (2) fiberglass USTs of unknown capacity that were empty as of August 1987 and that were last utilized in July 1986. The USTs were identified as being at least 10 years of age in August 1987. Additional documentation in the VFC indicated that the facility was inactive and abandoned during an inspection conducted by IDEM on March 17, 1998. No additional information, including UST closure, subsurface assessment and/or sampling documentation pertaining to the site was available for review within the IDEM VFC. The site is currently owned by the Civil City of South Bend. On June 24, 2019, the IBP issued an RFP for the site. The proposed scope of work includes the completion of a Phase I Environmental Site Assessment (ESA), a geophysical survey, the removal of two (2) 2,000-gallon and three (3) 3,000-gallon USTs, the removal of up to 1,500 tons of contaminated soil, the removal of up to 1,500-gallons of petroleum liquid/sludge, advancement of up to eight (8) soil borings, and the installation of up to five (5) groundwater monitoring wells with quarterly sampling for two years. 2.0 Technical and Operational Approach to Scope of Services Heartland has reviewed the IBP's RFQ and is willing to provide services related to each of the scope of services items outlined by the IBP. Heartland understands that the proposed scope of services will be conducted to prepare the site for future redevelopment and will include initial site assessment, UST removal and potential future environmental remediation activities. Heartland's technical approach to the scope of service items is discussed below. 2.1 Phase I Environmental Site Assessment and Geophysical Survey Heartland will conduct a Phase I ESA in accordance with the All Appropriate Inquiry (AAI) rule per the most recent American Society of Testing and Materials (ASTM) standard, Slamlard Practice eir Envir onaiental Site Assessments: Phase I ESA Process (ASTM E-1527-13). i �aaaa ta to F uaeY f6r Pro anal R)r F,nvironjnenta6 �sessmegt l&ndgE�u���und S! ra e N"nnk' �err� val anrB Reuxuediation err¢. i°arxne�° Sicr h�" 5Page 4 srr°at6rrrn Servre�; �,dmr�ar n H'acriily rrr S�artN7 13esrr9. CrrciiarraC ras rr*;,�tl �Ki �, health and safety plan (HASP) under the Occupational Health & Safety Administration (OSHA) 29 CFR 1910.120 for review and approval of IBP staff and any applicable state and/or federal agency. All site activities will be done in accordance to the work plan and HASP designed for the project. All site activities will be done in accordance with ASTM, IDEM and USEPA applicable guidelines. Prior to removal activities, Heartland will contact the appropriate utility companies to locate and mark site underground utility conduits/lines. Off -site utilities will also be located if determined necessary. For purposes of this removal it is not anticipated that the services of a private utility locater will be necessary. The GPR survey scheduled to be completed as part of the site activities will also be utilized to assist in marking private utilities at the site. As part of environmental services provided, Heartland will conduct oversight for the removal of the UST system at the site, including the USTs and associated piping. Additionally, any residual liquids and sludge from the tanks and product lines will be cleaned and containerized for disposal prior to the removal of the USTs. It is anticipated that liquid/sludge material to be removed will not exceed 1,500-gallons. It should be noted that, according to images reviewed and a site reconnaissance by Heartland, the fuel dispensers are no longer present at the site. The areas around the historic former gasoline dispenser island areas will be explored as part of the provided UST system removal services to confirm that all former dispenser island structures have been removed. Heartland will collect confirmation samples as required by IDEM UST guidance, which require one confirmation soil sample per 20 feet of sidewall, one confirmation soil sample on the bottom of the tank pit under both ends an individual UST (for USTs less than 10,000-gallons in size), one confirmation sample per every 20 linear feet of product line, one confirmation sample underneath each fuel dispenser island, and one groundwater sample per tank pit. Field oversight activities will include coordination with the selected UST removal subcontractor and the laboratory, as well as health and safety oversight. Field oversight will also include screening of both bottom and sidewall samples. Based on field observations, Heartland will evaluate the presence of impacts to soil. Heartland will work closely with the IBP to document impacts present and will advise the IBP during the course of the UST removal should it be necessary to over -excavate encountered impacted soils within and surrounding the tank pit. Petroleum impacted soils determined to exhibit the highest petroleum impacts will be over -excavated, if determined necessary. Over -excavation of impacted soils will not exceed 1,500 tons, unless determined necessary based on field observations and further authorized by the IBP. Over -excavated soils will be removed and disposed of as impacted waste at an authorized landfill. After completion of UST removal and any necessary soil over - excavation, the UST/soil excavation pit will be backfilled with granular, compactable material and finished to grade with at least four inches of stone. Soil confirmation samples will be collected, and samples will be submitted to the laboratory under proper chain -of -custody protocol. Soil samples collected will be submitted for laboratory analysis of volatile organic compounds (VOCs) using USEPA SW-846 Method 8260, polycyclic Iteta traaa,,e taw i s aaaM f u r s 9`)LET10ro aaimit;al As r sqroaroa:sat 'C;Vkrodc r rcrrarroci Saaarra u: "I asbk �teatrocrocP,a� and N � aroaecical'i�roaro a� a e . P as°aroarr� w r." Rarorwattroaroa°aervica 4taataararo Faeiiia rora �aaroadtro t nat iru�ta uaara t"rtia romaaalt'2C6}+-dk7-1 9 Page 6 federal agency. All site activities will be done in accordance to the SAP and HASP designed for the project. Prior to investigation activities, Heartland will contact the appropriate utility companies to locate and mark site underground utility conduits/lines. Off -site utilities will also be located if determined necessary. For purposes of this investigation it is not anticipated that the services of a private utility locater will be necessary. Heartland will provide oversight for the advancement of up to eight (8) soil borings on the property. Specific soil boring locations will be determined after consultation with IBP staff and will be outlined in Heartland's SAP submitted prior to initiation of site activities. Soil borings will be advanced using a direct push technology rig. During soil boring installation, soils will be continuously sampled in 2-foot intervals to the base of each boring. Each soil interval will be screened for total photo -ionizable vapors (TPVs) using a pre -calibrated PID equipped with a 10.2 eV lamp. Additionally, each soil interval will be inspected for indications of potential impacts, such as staining, hydrocarbon or solvent odors, and elevated soil gas readings. Observations and soil screening results will be recorded on Heartland boring logs. Prior to sampling, each of the soil borings will be surveyed and located with global positioning system (GPS) coordinates. During soil boring advancement, strict decontamination procedures will be followed to reduce the potential for cross -contamination. All drilling and down -hole sampling equipment will be decontaminated prior to first use onsite, and thereafter between uses. Decontamination will occur utilizing a high-pressure spray washer coupled with wash in an Alconox solution, followed by distilled water rinse. Two soil samples will be collected from each soil boring, at the first encountered subsurface soil interval and at the interval exhibiting the highest field screening results or at the interval immediately above the first -encountered groundwater saturated zone. Soil samples will be submitted for laboratory analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW-846 Method 8270SIM and lead using USEPA SW-846 Method 6010B. Laboratory QA/QC samples will be collected for this sampling event. In addition to soil samples, groundwater samples will be collected from temporary 1-inch diameter piezometers installed in each soil boring advanced. Groundwater samples will be submitted for analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW- 846 Method 8270SIM, lead using USEPA SW-846 Method 6010B and lead scavengers using USEPA SW-846 Method 8011. After collection of the groundwater samples, each of the piezometers will be abandoned and finished to grade. Please note, that for budgetary purposes sampling of soil and groundwater for PAHs and lead has been included in this proposal. However, sampling of PAHs in soil and groundwater as part of the subsurface investigation may be eliminated if, after review of soil confirmation samples � aasr setc west fear lai crowaai f aY kirgvirasaacraen� 8 Pti we nrra�o�a. kr�aYer rrr r�ai tm�ars ae ''rank Removal and Remediaation Senices, Foraarer Ste ve's Manithon Service Station Faeiiity in South Bend. Inchana Prz posaat 012 019-07-151 Page 8 development methodology in accordance to Indiana Administrative Code 312 IAC 13-8-3(m) and allowed to stabilize for a minimum of 48 hours prior to sampling. During soil boring advancement and monitoring well installation activities, strict decontamination procedures will be followed to reduce the potential for cross -contamination. All drilling and down -hole sampling equipment will be decontaminated prior to first use onsite, and thereafter between uses. Decontamination will occur utilizing a high-pressure spray washer coupled with wash in an Alconox solution, followed by distilled water rinse. After completion of the installation of the groundwater monitoring wells, Heartland will sample the groundwater monitoring well network. Groundwater monitoring wells will be sampled utilizing IDEM approved low -flow sampling methodology. Low -flow sampling methodology will include a Dow through sampling cell for measuring groundwater quality parameters (temperature, pH, conductivity, dissolved oxygen, oxygen reduction potential and turbidity). Depth to groundwater data will be collected from each monitoring well to properly evaluate groundwater flow direction at the site. Groundwater monitoring wells will be additionally gauged utilizing a Solinst Oil/Water Interface Probe to evaluate for the presence of any light non -aqueous phase liquids (LNAPLs). Groundwater samples from the groundwater monitoring wells will be submitted to Pace for laboratory analysis of VOCs using USEPA SW-846 Method 8260, PAHs using USEPA SW-846 Method 8270, lead using USEPA SW-846 Method 6010B and lead scavengers (if determined necessary) using USEPA SW-846 Method 8011. All groundwater samples collected will be placed on ice and delivered to Pace for laboratory analysis under Heartland chain -of -custody protocol. Laboratory QA/QC samples will be collected for these sampling events. The soil cuttings and purge water generated from the monitoring well installation and sampling activities will be contained in 55-gallon drums and disposed of appropriately within one (1) month of generation. Once the laboratory data has been received, Heartland will prepare a Groundwater Sampling Report for the site. The report will include field observations from the site sampling activities, a site plan illustrating groundwater monitoring well locations, groundwater flow direction maps, laboratory analytical results, comparison of the project data to the IDEM RCG default closure objectives, conclusions and recommendations. For budgetary purposes, Heartland is providing the IBP with a budget to conduct quarterly monitoring of the proposed groundwater monitoring well network for a period of two years (eight quarters). Heartland is further providing budgetary numbers for groundwater monitoring well abandonment activities, to be completed after the completion of the groundwater monitoring activities and the issuance of an NFA for the site. Respoll itind Storaate Tank R nioval tzard Rellltdi alien Se'i cqs. F'cMpgr Steve"s Maralhop Service Sa e iog facility i t Sot la Bend InLhyna., Pro ohal_liP" 019-07-151 Page 10 .... . ... . ... - - ------ ............... - Anticipated costs for laboratory analysis (Estimated 26 soil samples and 1 groundwater sample to be collected including laboratory QA/QC samples) - Note unit rate schedule for laboratory analytical costs provided below -w Soil Remedial Excavation ........................ - Costs for removal and disposal of up to 1,500 tons of petroleum impacted soil o Cost per ton to remove and dispose of impacted soil provided at $34.54/ton. $70,761 - Costs include import of granular, compactable baclfill and crushed stone to grade excavation pit - Cost per ton to import and place bacld'ill provided at $12.98/ton Oxygen Releasing Agent Introduction ......... - Cost for up to 1,000 pounds EOS Remediation, LLC EOx— introduction (via direct placement into open pit) $6,600 - Note, should introduction via injections be determined necessary, an additional $1,000 in cost would be incurred ....... Remediation Reporting _ .. .... .. - Includes all reporting and administrative costs for $2,595 preparation of final reports Underground Storage Tank Removal and Remediation Subtotal $100,883 Subsurface Investigation Task Cost -_.._ .............. _. �..._ Project Management, SAP and HASP Development _...................... . m..... __.. - Anticipated 4 hours of project management time at $320 $80/hr Field Sampling Oversight - Anticipated 10 hours of project geologist time at $1,420 $70/hr and 12 hours of field technician time at $60/hr Equipment and Expendable Supplies - Supplies for oversight and sampling, including vehicle mileage $433 - Note due to proximity of Heartland's South Bend office to project site, no mileage costs will be incurred by the IFA as part of this project Drilling Subcontractor $1,980 Laboratory Analytical Costs - Anticipated costs for laboratory analysis (Estimated $3,113 16 soil samples to be collected (8 soil borings with 2 Zespollse J(a Reggestjor Undemrotind Storar—crank Renuival and Reinudiation Ser"Ce". Former Steve's Marathon Servic'o Station Facflilv in Smith Bcnd. Indiana. Proposal #112019-07-15 1 Page 12 Laboratory Analytical Costs - Anticipated costs for laboratory analysis (Estimated 5 groundwater samples to be collected plus laboratory $760 QA/QC samples) - Note unit rate schedule for laboratory analytical costs provided below Waste Disposal - Disposal of up to I drum of purged groundwater $117 generated during sampling activities Quarterly Groundwater Monitoring Reporting - Includes all reporting and administrative costs for $870 preparation of final reports Quarterly Groundwater Monitoring Subtotal $2,732 (Per Quarter) Quarterly Groundwater Monitoring Subtotal $21,856 (Eight Quarters) Monitoring Well Abandonment ..........- ----- -- Task Cost Monitoring Well Abandonment - Lump sum cost for monitoring well abandonment for $1,500 up to five (5) monitoring wells by licensed State of Indiana water well driller ............. . ........... . . Additional Fee Schedule Documentation . .... . . ..... . ...... . Soil Samples: VOCs: $52.80 PAHs: $62.70 Lead: $8.80 RCRA 8 Metals: $61.60 Unit Rate Schedule for Laboratory Costs for Soil and PCBs: $88.00 groundwater samples, if necessary, along with unit rate Groundwater Samples: VOCs: $52.80 schedule for 55-gallon drum waste disposal PAHs: $62.70 Lead: $8.80 Lead Scavengers: $49.50 RCRA 8 Metals: $61.60 PCBs: $88.00 Waste Disposal (Per 55-Gallon Drum): $117 Estimated Project Total (All Phases) $138,748 Heartland will work closely with IBP staff to ensure than all costs incurred as part of procured consulting services are the most cost efficient and will work with IBP staff to minimize, where possible, incurred environmental consulting costs related to site specific project work. A copy of Reti tmnse to Reaue: I'm Provos mlw 16r Environmental Assesmicni _UJI ler r<'�und SioraLv Tank Removal and Remedi stion Service . 1`rmrmc wSteve's 'arath m Service Station yjGLfij ien_Soulh Bzn& Indiana. Prollosal iv 12019-07-151 Page 14 o Vehicles will include personal use cars and trucks and heavy equipment, including excavators, loaders and bobcats. • Recycling containers will be placed onsite to recycle any and all appropriate waste generated during site activities. Furthermore, any personal food items brought onsite must be brought in reusable containers and/or recyclable containers to minimize onsite waste generation; • Local trucking companies will be utilized to minimize mobilization travel and decrease fuel consumption and carbon emissions; o Trucks entering the site and awaiting loads will be asked to shut vehicles off and not idle while truck loading is ongoing. • Should soil over -excavation be determined necessary, soils that are determined to be clean will be segregated and stockpiled for reuse as backfill; • Soils removed offsite for disposal will be trucked to local landfill sites within the nearest proximity to the site. For purposes of this project, Heartland anticipates trucking soils to Prairie View Landfill in Wyatt, Indiana, located approximately 20-miles from the site; • Local sources (within 15 miles from the site) will be utilized to import clean backfill material, if determined necessary; • When appropriate, Heartland will utilize its staff hybrid gasoline/electric vehicles (Toyota Prius or similar vehicle) to conduct field activities at times when large transport of field equipment is not necessary. Please note Heartland will man this project from its South Bend, Indiana office, located approximately 5 miles from the project site. In addition to these green strategies, Heartland will require its subcontractors, including drilling and laboratory subcontractors, to follow green principles. Heartland's drilling subcontractor will be implementing the following activities: • Idling of vehicles will not be permitted; • Zero waste generation goals will be in place, with care taken to recycle any generated waste during site activities; • Water usage will be kept to a minimum, with care taken to replace decontamination water when appropriate and to minimize spillage while decontamination of equipment is occurring. All used decontamination water will be containerized for disposal in reusable 55-gallon steel drums. Heartland will be working with Pace as its laboratory subcontractor for this project. Pace has implemented the following green initiatives as part of its overall corporate strategy: • Pace is a paperless laboratory, providing digital copies of final laboratory reports and using online tools to provide customers with access to laboratory documents. By being paperless, Pace uses less paper, printer toner and energy due to the lack of printers and copiers being run; • Pace has implemented technological advances to allow for minimizing sample volume necessary to run specific analytic methods. Reduction of sample volume allows for less (ILi.seto fir ,%mesi fbr Proposals fig Environmental Awssnlea 1h)(1grgroand Storagc'Tank RcmovgLand Remodimigil ScrviLcs, 1,01nig StcvqLMat osal 9112019-07-151 jign Facilitv in South Bend, Indiana. Prop Appendix A: IBP Cost Analysis Spreadsheet EXHIBIT C Consultant Supplement The undersigned, Heartland Environmental Associates, Inc. (the "Consultant"), understands that its bid for Project Activities has been selected by the SEP Recipient (as set forth below), as the Awarding Party, and it agrees to perform the Project Activities and obligations of the "Consultant" with respect thereto under the SEP Agreement ("Agreement"), by and among the Indiana Finance Authority ("Authority") and the SEP Recipient, upon approval (as set forth below) of this Consultant Supplement by the Authority, such Consultant shall be obligated as a party to the Agreement as if the Consultant had entered into this Agreement with the Authority and the SEP Recipient on and as of the Effective Date as set forth therein. The Consultant represents and warrants to the Authority and the SEP Recipient that it is capable and qualified to undertake and complete all Project Activities and obligations of the "Consultant" under the Agreement. Capitalized terms not defined in this Consultant Supplement shall be ascribed the meanings set forth in the Agreement. The Consultant represents that it has read and understands the terms of the Agreement, and by its signature, does thereby agree to the terms of the Agreement as of the Effective Date. "Consultant's Notiee Address" shall be: 3410 Mishawaka Ave. South Bend, IN 46615 EXHIBIT D Consent from Property Owner (if required)