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50UTA 6F
'V11II: N�
& Economic Development
• IB 5
ity Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 r Phone 574/235 -9371 Fax 574/235-
Redevelopment CCjommissi n
Ann Kolata61 / _
Proposal from Weaver Boos — 520 S. Lafayette
September 6, 2012
Attached is a proposal from Weaver Boos Consultants for soil and groundwater testing at the former
Studebaker Museum location at 520 S. Lafayette. This is additional testing that has been requested
by the Indiana Department of Environmental Management. Task 1 (further site investigation) of this
proposal as approved by the Board of Works in the amount of $26,952 but the Board of Works has
only set ide $26,000 for this work. They are asking that the Redevelopment Commission use $952
of TIF to nd the balance of Task 1. Staff recommends approval of this request.
Please co4tact me at 235 -9374 or akolatagsouthbendin.gov if you have any questions.
SOOS
CO S�TLT�ivT�
August 14, 2012
WBCP- 001 -17 -12
Ms. Arn Kolata, Senior Redevelopment Specialist
City of South Bend
Community and Economic Development
227 W. Jefferson Blvd.
South Bend, IN 46601
Re: Proposal for Environmental Consulting Services
Former Studebaker Museum
20 S. Lafayette Blvd.
South Bend, IN 46601
ID #24951
UST # 200702503
Dear Ms. Kolata:
Weaver Boos Consultants, LLC. (Weaver Boos) appreciates the opportunity to provide the City
of South Bend (the City) this proposal to complete a Further Site Investigation (FSI) of a leaking
underground storage tank (LUST) release that occurred at the referenced site (Site). The Indiana
Department of Environmental Management (IDEM) has requested the FSI in response to their
review f an Initial Site Characterization (ISC) Report prepared by Weaver Boos, dated May 6,
2010. he objective of the FSI would be to fully delineate the nature and extent of soil and
ground ater impacts associated with the UST release.
In addi ion, Weaver Boos understands that the Site may be redeveloped for multi- family
resident al usage. The Property is currently zoned for non - residential usage. As a result, another
objectiv of the investigation is to expedite possible residential closure of the site so
develop lent can move forward without hindrance.
PROJECT BACKGROUND
In October 2006, a previously undocumented 1,500- gallon UST was discovered during
demoliti n of the former Studebaker Museum building. On January 4, 2007, the UST was
removed from the Site. Upon removal there were visual indications (stained soil) of a possible
release froin the UST in the surrounding soils. A limited amount of impacted soil was removed
4055 A9eghan Beeler Coin? o Soulh Bend, IndiCnla 46628 • Phone: (574) 271 -3447 o Fax: (574) 271 -3343
www.weaverboos.com
Ms. A i Kolata
August 14, 2012
Page 2 of 9
and disposed at a nearby landfill. Soil confirmatory samples were collected from the sidewalls
and floor of the resultant excavation and tested for total petroleum hydrocarbons (TPH). TPH
was detected in four of the six samples collected. The concentrations detected exceeded the Risk
Integr ted System of Closure (RISC) Residential Default Closure Levels. As a result, a release
was re orted on January 19, 2007 (LUST incident #200702503).
On February 15, 2007, Envirorunental Incorporated completed and submitted to the IDEM -UST
Section an Underground Storage Tank System Closure Report documenting all of the closure
activities to date. Based on the results of the UST closure, Environmental Incorporated requested
IDEM issue a No Further Action (NFA) Letter, The UST Section of IDEM concluded that the
closurc report prepared by Environmental Incorporated was incomplete since the appropriate soil
parameters were not tested for, no groundwater sample was collected and tested, and no
decontamination procedures were provided. The NFA request was not approved.
IDEM requested that the nature and extent of soil and groundwater contamination be defined
with t e results being provided in an ISC report and if necessary a FSI report. Weaver Boos
comp] ted ISC activities and forwarded an ISC report to IDEM in May 2010. The ISC report
concluded the following:
W
the
Constituents detected in the groundwater above Indiana RISC residential closure levels
include TPH, benzo(a)pyrene, and 1,2- dichloroethane. Groundwater impacts were
identified at a depth of approximately 22 -24 feet below the ground surface and migrating
to the southwest.
Soil impacts were identified near the depth of the water table. Constituents detected
above Indiana RISC residential closure levels included lead, naphthalene, and TPH.
Boos recommended that a FSI be undertaken to assess the extent of soil and groundwater
nant migration away from the former location of the UST. Recommendations include
illation of five additional monitoring wells and additional soil and groundwater sampling.
IDEM �eviewed the Weaver Boos ISC, concurred with the recommendation to proceed with a
FSI, an provided the following additional comments via letter, dated June 27, 2010.
One additional monitoring well should be installed to delineate the benzo(a)pyr•ene in the
groundwater.
Ms. Ann Kolata
August 14, 2012
Page 3 of 9
• Lead should be added as a contaminant of concern (COC) for groundwater sampling and
TPH should be removed from the groundwater sampling scheme.
• Quarterly sampling of the monitoring well network should be conducted.
• Full QA /QC documentation should be provided to IDEM to validate results.
• The earlier UST Closure Report deemed incomplete should be amended by providing the
information requested in the UST Closure Checklist to IDEM's UST Section.
PROJECT OBJECTIVES
The initial objective of the project is to complete the FSI investigation, prepare the FSI report,
and submit it to the IDEM. The ISC investigation will be completed in accordance with 329 IAC
9 -5 -5. 6 and be consistent with the Risk Integrated System of Closure (RISC), as amended. The
investigation will also be in accordance with the IDEM correspondence to the City, dated June
27, 2011. The primary objective is to determine the full extent and location of soil and
groundwater contaminated by the release in accordance with state requirements, ultimately
leading to the issuance by the IDEM of a No Further Action or Closure Letter. The following
presents our proposed Scope of Work to address these individual project tasks:
• Task 1 — Complete Further Site Investigation Activities;
• Task 2 — Prepare Corrective Action Plan (if necessary);
• Task 3 — Implement Corrective Action Plan (if necessary);
• Task 4 — Request Closure/NFA
• Task 5 — Project Management related to LUST Activities.
Each of these tasks is described in detail below
SCOPE OF WORK
Task 1 Complete Further Site Investigation Activities
Sub-Task 1- A/Field Investi ation
To co plete the assessment, Weaver Boos proposes to follow boring placement and
soil /gro ndwater sampling requirements as recommended in the ISC Report and June 27, 2011
Ms. A Kolata
August 14, 2012
Page 4 of 9
IDEM correspondence. To maximize efficiency, potential impacts will be characterized by
advan ing a series of soil probes using a Geoprobe. Soil samples will be sampled continuously
from each soil probe and field screened using a photoionization detector (PID) for the presence
of contaminants associated with petroleum.
Seven soil probes will be advanced as shown on the two attachments. Each soil probe will be
advan ed to the water table (anticipated to be approximately 25 -30 feet).
Soil samples will be collected and field screened for the presence of volatile organic compounds
(VOC) by using a photoionization detector (PID). Unsaturated soil samples with the highest
PID levels at the each boring locations will be submitted to an analytical laboratory for analysis
of the following parameters: TPH GRO, TPH ERO, VOCs (including BTEX and MTBE), PNAs
(inclu ing naphthalene), and lead as specified by the IDEM.
By using a hollow stem auger rig, each soil probe locations will be converted to 2 -inch diameter
monitoring wells constructed of PVC casing. The top of each well will be completed flush with
the ground surface. Top of casing elevations will be surveyed. Ground water elevations will be
measured in each well in addition to the three existing wells and a general groundwater flow
direction will be determined. Each monitoring well will be constructed in accordance with
general accepted construction standards and IDEM regulations. Ground water samples will be
collected upon well completion and purging and submitted to an independent laboratory for
analysi3 of the following parameters: VOCs, PNAs, total lead, and dissolved lead. Samples will
also be collected from the three existing monitoring wells.
For cot estimating purposes, we have assumed that the 6 soil samples and 9 ground water
sample will be submitted for analysis. To support a possible closure for this site, Level IV data
quality objectives (DQOs) will be met. The IDEM requires the collection of various quality
assura ce /quality control (QA/QC) samples be collected during site characterization to ensure
properl sampling and analytical techniques are being followed. These include a matrix
spike/rnatrix spike duplicate (soil and water), equipment blank, field duplicate (soil and water),
and trip blank (water). Weaver Boos estimates that an additional three soil samples and four
water samples will be required to comply with QA /QC requirements.
The actual number of analyses or parameters for this entire project might require modification
based upon conditions encountered in the field and the laboratory analytical results. Any
modification to the proposed analytical sampling program as outlined in this task or subsequent
Ms. Aim Kolata
Augus 14, 2012
Page 5 of 9
tasks Nvill be discussed in advance with the City. Sampling and laboratory analyses will be
performed in general accordance with approved techniques and methods as outlined in USEPA
SW-846, Test Methods_for Evaluating Solid Waste, Third Edition, and other published sources.
Laboratory-certified sampling containers for the samples will be filled (and preserved) in
accord ce with laboratory specifications. The samples will be placed into a cooler, packaged
with is to maintain a shipment temperature of approximately 4 degrees Centigrade, documented
with a chain -of- custody form, sealed, and shipped overnight or hand - delivered to the analytical
laborat rv.
1 -B /Prepare Further Site Investigation
Upon conclusion of the field activities related to the Final Site Investigation, a Report will be
completed and submitted (upon approval by the City) to IDEM for review and approval (typically
within 0 days). The report will contain the information outlined in 329 IAC 9- 5 -5.6. If nature
and ext nt of contamination is defined when this task is completed then Weaver Boos will either
proceec to Task 2 — Prepare Corrective Action Plan if corrective action is required or Task 4 —
Reque t Closure/NFA if the contaminant concentrations do not exceed RISC Residential
Default Cleanup Levels. If corrective action is necessary, then the completion of Task 3 —
Implement Corrective Action will be necessary.
Note, if the plume of contamination is widespread and migrated off -site then additional
investigation activities, as part of the FSI, will be required prior to the completion of Task 2.
Based on the results of the earlier ISC, this is not anticipated. These activities are beyond the
scope of this proposal but will be forwarded to the City, in necessary, upon completion of the
Task 1- .
Per the IDEM correspondence dated, June 27, 2011, Weaver Boos will also correct any
deficiencies in the UST Closure Report submitted to the IDEM UST Section in 2007 by others.
The information may not be included in the FSI Report and will be submitted to the IDEM -UST
Section fter City review and approval.
Ms. A n Kolata
August 14, 2012
Page 6 of 9
I
In sup rt of the activities described additional communications (telephone, email, facsimile, and
in -per Ion, either on -site or off -site) between Weaver Boos, City, IDEM personnel, and
will occur to effectively manage the project.
Task 4 — Prepare Corrective Action Plan (if necessary)
If soil and/or groundwater contaminant concentrations exceed RISC Residential Default Closure
Levels then corrective action will be necessary. Once the nature and extent of contamination has
been d fined Weaver Boos will prepare a Corrective Action Plan (CAP). A specific scope of
work and cost estimate for the preparation and implementation of the CAP cannot be provided
until the site characterization has been completed. The CAP will be prepared in accordance with
IDEM rules. The CAP may be prepared separately from the FSI Report and may or may not be
submitted to IDEM concurrently depending upon the magnitude of the subsurface impacts.
Based on our finding from the ISC and the IDEM correspondence, dated June 27, 2011, Weaver
Boos anticipates that quarterly sampling of the groundwater may be all that is required (no active
remedi tion) for the CAP. If this continues to be the case after the FSI has been completed then
no separate CAP may be necessary. Typically, IDEM will require a minimum of two years of
quarter y sampling to demonstrate that groundwater contaminant levels are below closure
standards prior to proceeding with site closure. However, IDEM, may be amenable to a more
expeditpd closure of the site in light of the proposed redevelopment.
Task 3 � Implement Corrective Action Plan (f necessary)
Weaver{ Boos can implement corrective action if found necessary by IDEM based on Site
conditi ns.
Task 4 � Request Closure/1VFA
Once I EM approves the CAP (review will normally occur within 60 days of submittal), Weaver
Boos will implement the CAP. Periodic progress reports may be required to be prepared and
submitted to IDEM. Once the CAP has been completed then a closure report will be submitted
requesting a No Further Action Letter (NFA) letter for the release.
Ms. A n Kolata
Augusl 14, 2012
Page 7 of 9
If results of the FSI completed as part of Task I indicate that the soil and groundwater
contan inant concentration do not exceed residential default closure standard then a NFA letter
will be requested as part of the FSI and the overall project will be deemed complete unless IDEM
indicat s otherwise. IDEM may want additional quarterly monitoring to occur. Tasks 2 -4 will
not be ecessarv.
Task 5 — Project Management
In support of the activities described additional communications (telephone, email, facsimile, and
in-person, either on -site or off -site) between Weaver Boos, City, IDEM personnel, and
subcon ractors will occur to effectively manage the project. A cost estimate for the completion
of this task follows.
SCHEDULE
Task 1 can be completed within 60 days of authorization. Due to the several factors including
the proposed redevelopment of the site, Weaver Boos will expedite the investigation where
possible include immediately scheduling the fieldwork upon authorization. An estimate schedule
to complete the remainder of the tasks outlined (if deemed necessary) is entirely dependent upon
the ext(
Weaves
accord
comple
known,
been cc
For inf(
Tasks 2
high pri
confine
ground)
then a I
complel
of subsurface impacts identified.
COST ESTIMATE
Boos proposes to perform the FSI as outlined in Task I on a time and material basis in
ice with our fee schedule included with this proposal. We estimate the work can be
;d for $ 26,952.00 as summarized below. Since actual site conditions are not presently
i specific cost estimate to complete the remaining tasks will be provided once Task I has
npleted.
.mation purposes, however, Weaver Boos has provided a general cost estimate range for
5 assuming that no emergency response is required to address the release, the site is not a
)rity (to date the site has been classified as low priority), and the contamination is largely
to the site. Also, if the FSI completed as part of Task 1 indicates that the soil and
'ater contaminant concentration do not exceed RISC Residential Default Closure Levels
TA letter will be requested as part of the FSI and the overall project will be deemed
unless IDEM indicates otherwise. Tasks 2 -5 will not be necessary.
Ms. Ain Kolata
August 14, 2012
Page 8 of 9
Ta
sk/Item
Cost Estimate
Fu
her Site Investigation (FSI))
$ 26,952.00
Prepare
Corrective Action Plan, (CAP) (if necessary)
$ 5,000.00 - $ 10,000.00
Implement
CAP (if necessary)
$ 15,000.00 — 100,000.00
Re
uest Closure/No Further Action (NFA)
$ 0 - $ 10,000.00
Project
Management
$ 0 - $15,000.00
Attached to this proposal is an itemized cost estimate for Task 1. Payment for services rendered
is due n accordance with our attached General Terms and Conditions. The estimated cost and
proposed Scope of Work are based on information available to Weaver Boos at this time. If
conditions change, work extends beyond the scheduled completion date, unforeseen
circumstances are encountered, or work efforts are redirected by the client, our cost estimate may
require modification. For projects of this nature, we have found that investigation and reporting
require nents, revisions to draft deliverables, and work scopes are sensitive to project objectives
and th preferences of individual reviewers. As a result, our estimates do not provide for
revisions of deliverables for content, approach, or style.
We full expect to complete the outlined tasks described above for the stated sum, and this cost
will not be exceeded without your prior authorization. You will be invoiced on a unit -rate basis
only for the work actually performed.
AUTHORIZATION
If this proposal meets with the City's objectives, please indicate authorization to proceed by
signing the attached Proposal Acceptance Sheet and returning one complete copy of this proposal
to us f r our files. We propose that the outlined work be performed in accordance with the
Revised General Terms and Conditions, dated August 20, 2009, and Fee Schedule, which are
attached and incorporated herein by reference. Any modification to this proposal or the attached
General Terms and Conditions or Fee Schedule must be accepted by both parties. This proposal
is valid if accepted within 30 days of issuance.
Ms. A n Kolata
Augusi 14, 2012
Page 9 of 9
We ap reciate this opportunity to be of service and are looking forward to working with you on
this pi• ject. If you should have any questions or comments concerning this proposal, please do
not hesitate to contact our office.
Weaver Boos Consultants, LLC
Edward B. StefaneYa
Senior roject Man
ents: Table 1 - Cost Estimate
Proposal Acceptance Sheet
General Terms and Conditions
Fee Schedule
Table 1
Cost Estimate for
Further Site Investigation (Task 1)
Former Studebaker Museum
520 South Lafayette Blvd
South Bend, Indiana
Total
Total
Category
Rate* Unit Sub -Task ] -A Sub -Task 1 -B
Sub -Task 1 -C
Hours
Cost
Principal
$170 hr. 0 0
0
0
$0
Sr. Project Manager
$130 hr. 18 14
4
36
$4,680
Staff Eng. /Ge
1.
$85 hr. 32 40
0
72
$6,120
Engineer/Scientist
$70 hr. 8 0
0
8
$560
CAD/Technician
$75 hr. 0 15
0
15
$1,125
Admin Support
$50 hr. 2 2
0
4
$200
Total Hours
60 71
4
135
Total Labor Cost
$5,720 $6,445
$520
$12,685
SUBCONTRACTOR
EXPENSES
Total
Category
Rate Unit Task 1 Task 2
Task 3
Units
Cost
Laboratory Subcontractor
$0
Totol and Di
solved Lead (12 water samples)
$40 ea. $480
12
$480
TPH -GRO (9
soil samples)
$60 ea. $540
9
$540
TPH -ERO (S
soil samples)
$60 ea. $540
9
$540
Total Lead (9
soil samples)
$20 ea. $180
9
$180
VOCs G 3 w
ter samples)
$100 ea. $1,300
13
$1,300
VOCs (9 soil
samples)
$115 ea. $1,035
9
$1,035
PNAs (21 soi
1 and water samples)
$112 ea. $2,352
21
$2,352
Moisture (6 s
it samples)
$0 ea. $0
6
$0
Drilling Subc
tractor
$0
Mobilization
$460 LS $460
$460
Probing/WellInstallation
$1,610 day $3,220
2
$3,220
Materials*
$3,410 LS $3,410
$3,410
Total Subconttactor
Expenses
$13,517 $0
$0
$90
$13,517
REIMBURSE
BLE EXPENSES
Total
Category
Rate Unit Task 1 Task 2
Task 3
Cost
Mileage
$0.50 mi. $0 $0
$0
Photoionizatio
Detector
$100 day $200 $0
$0
$200
Data Logger to
Aquifer Testing
$500 day $500
$500
Sample Suppli
s, Bailers, etc.
LS $0 $0
$0
$0
Sample Shippir
Reproduction &
g
Postage
LS $0 $0
LS $0 $50
$0
$0
$0
$50
Total Reimburseable
Expenses
$700 $50
$0
$0
$750
TASK TOTALS
$19,937 $6,495
$520
$90
$26,952
Sub -Task Desc
i tions:
ation
3 - Project Management
I - Field Invest i
2 - Report Prep
rration
* includes liner
, drums @ $ 50 /each, well screens, riser pipe, well plugs, sand, bentonite, and six manhole covers
Page 1 of I
Description of Services:
Propel y Address:
Project City /State:
Weave • Boos Proposal No
WEAVER BOOS CONSULTANTS, LLC
4085 Meghan Beeler Court
South Bend, Indiana 46628
Voice: 574 - 271 -3447
Fax: 574- 271 -3343
PROPOSAL ACCEPTANCE SHEET
Further Site Investigation — Former Studebaker Museum
520 S. Lafayette Blvd
South Bend, IN
001 -17 -12 Date: August 14, 2012
For approval and payment of charges, invoices will be charged to the account of:
Firm: City of South Bend Attention: Ann Kolata
Street Address 1: Community/Econ. Develop Telephone: 574- 235 -9374
Street Address 2: 227 W. Jefferson Blvd. Fax: 574- 235 -9021
City/State: South Bend, IN
Zip Code: 46601
This A13REEMENT is subject to the attached General Terms and Conditions and the following
special provisions/payment schedule:
Weaver Boos Consultants, LLC Proposal Number 001 -17 -12
dated August 14, 2012 and any attachments .
by:
Client
By (Sig ature)
By (Tyre/Print)
Title
120
the Terms and Conditions
Weaver Boos Consultants, LLC
i
By (Signature)
Edward B. Stefanek
By (Type /Print)
Sr. Project Manager
Title
Accepted
Acknowledge the Ter ins and Conditions
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PROXIMATE GRAPHIC SCALE
20 0 10 20 40
WELL LOCATION MAP
IN FEET FORMER STUDEBAKER MUSEUM
1 inch = 20 ft. 520 S. LAFAYETTE BLVD
SOUTH BEND, INDIANA
APPROXIMATE MONITORING WELL LOCATION
Beaver Boos Consultants
400 I EOM BMER 00LW
PROPOSED MONITORING WELL LOCATION WM4D1-16 28
PMWi 7 DRAWN BY: JLES I DATE; 1/12/10
SOURCE: GOOGLL EARTH A R14 IMFS REVIEWED BY. EBS I cAD% SREMAP.Dn FIGURE 1
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PROPOS0$WLOWG
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PROXIMATE GRAPHIC SCALE
20 0 10 20 to
PROPOSED SITE PLAN
WELL LOCATION MAP
( IN FEET) FORMER STUDEBAKER MUSEUM
1 inch = 20 & 520 S. LAFAYETTE BLVD
SOUTH BEND, INDIANA
APPROXIMATE MONITORING WELL LOCATION Weaver 8008 Consultants
toes MEG" OMER OOURf
PROPOSED mm BORING WELL LOCATION south ems. IN 47
(apt) x7t —sttT
Pa e;es DRAWN 6Y: dLLS I DATE 1/12/10 -372-0,
SOURCE: GOOGLE EARTH A MAL MAPS REVIEWED HYS ms I CAD: Sf ow.DWO I FIGURE 2
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PROXIMATE GRAPHIC SCALE
20 0 10 20 to
PROPOSED SITE PLAN
WELL LOCATION MAP
( IN FEET) FORMER STUDEBAKER MUSEUM
1 inch = 20 & 520 S. LAFAYETTE BLVD
SOUTH BEND, INDIANA
APPROXIMATE MONITORING WELL LOCATION Weaver 8008 Consultants
toes MEG" OMER OOURf
PROPOSED mm BORING WELL LOCATION south ems. IN 47
(apt) x7t —sttT
Pa e;es DRAWN 6Y: dLLS I DATE 1/12/10 -372-0,
SOURCE: GOOGLE EARTH A MAL MAPS REVIEWED HYS ms I CAD: Sf ow.DWO I FIGURE 2
I.
II.
III.
IV.
WEAVER BOOS CONSULTANTS, LLC
ANNUAL FEE SCHEDULE — PROFESSIONAL SERVICES
(Effective July 1, 2007)
tESSIONAL STAFF
U.S.
a)
Principal /Corporate Consultant .................................................... ...............................
Hr
170.00
b)
Project Director ............................................................................. ...............................
Hr
150.00
c)
Senior Project Manager ................................................................. ...............................
Hr
130.00
d)
Senior Project Engineer/ Scientist .................................................. ...............................
Hr
120.00
e)
Project Manager ............................................................................ ...............................
Hr
110.00
f)
Project Engineer /Geologist/Environmental Scientist .................... ...............................
Hr
95.00
g)
Staff Engineer /Geologist/Environmental Scientist ........................ ...............................
Hr
85.00
h)
Engineer /Geologist/Environmental Scientist ................................ ...............................
Hr
70.00
HNICAL STAFF
U.S.
a)
Union Engineering Technician- Journeyman ................................. ...............................
Hr
90.00
b)
Union Engineering Technician ...................................................... ...............................
Hr
85.00
c)
Construction Superintendent ......................................................... ...............................
Hr
85.00
d)
Construction Manager ................................................................... ...............................
Hr
75.00
e)
Union Apprentice Technician ....................................................... ...............................
Hr
75.00
f)
System Specialist ........................................................................... ...............................
Hr
70.00
g)
System Technician ........................................................................ ...............................
Hr
65.00
h)
Senior Environmental Engineering Specialist ............................... ...............................
Hr
55.00
i)
Environmental Engineering Specialist II ...................................... ...............................
Hr
50.00
j)
Environmental Engineering Specialist I ........................................ ...............................
Hr
40.00
PORT STAFF
U.S.
a)
CAD Designer Ill ........................................................................ ...............................
Hr
85.00
b)
CAD Designer lI ......................................................................... ...............................
Hr
75.00
c)
CAD Designer I ........................................................................... ...............................
Hr
55.00
d)
Technical Assistant ...................................................................... ...............................
Hr
50.00
e
Clerical/Word Processing ................................. ...............................
Hr
50.00
IERAL EXPENSES
a) Automobile Transportation ........................................................... ...............................
Mi. 0.55
b) Subcontract Service or Rental ....................................................... ...............................
Cost + 15%
c) Report Preparation (outside services) ............................................ ...............................
Cost + 15%
d) Outside Services (e.g. photographer, film processing, overnight delivery, etc.)....,.....
Cost+ 15%
e) Per Diem (food and lodging) ......................................................... ...............................
$120 /day
f) Per Diem (no lodging) ................................................................... ...............................
$30 /day
g) Transportation by Commercial Carrier or Rental Car ................... ...............................
Cost +15%
h) Travel Expenses ............................................................................ ...............................
Cost +15%
PRICE NOTES:
.All professional, technical, and support staff time and expenses spent in furtherance of the client's work will be billed. This includes, but is
not limited to, proposal, field, travel, research, technical review and reporting, project management, client meeting, and project - specific
administrative time and expenses.
An overtime rate of 1.4 times the regular rate is billed for technical and support staff services for work in excess of 8 hours per day, work
between 7:00 p.m. to 5:00 a.m., and work on Saturdays. This overtime rate is increased to 2.0 times the regular rate for work on Sundays and
holidays.
A minimum 4 hour onsite charge applies to all Union Technicians.
Time and mileage are charged portal to portal.
Minimum charge for the pickup of concrete cylinders is $50.
Unless otherwise agreed to in writing, a monthly interest charge of 18% per annum, will be charged accruing from the date of invoice, on all
invoices not paid within 30 days.
The unit rates are subject to periodic modification (typically annually). These rate modifications will be incorporated into long -term projects,
unless otherwise addressed in the project contract.
Deposition and testimony services are charged at 1.5 times the regular billing rate.
GENERAL EXPENSE NOTES:
I . Rates quoted are for expenses only, equipment purchased on the client's behalf is marked rip 25%
Personnel rates are billed separately from general expenses.
3 Standard non- disposable protective outer -wear or equipment damaged or contaminated by site conditions are billed at replacement cost plus
15 %.
4 General expense mark -ups may be negotiated based upon contract size and payment terms.
5 The per diem rates set forth above are the standard rates we typically use for our technical staff on projects. We reserve the right to modify
these rates in high cost areas.
Any modification to Otis fee schedule requires the written approval of Weaver Boos Consultants, LLC
Pagel oft
V.
WEAVER BOOS CONSULTANTS, LLC
ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES
(Effective July 1, 2007)
Senior Professional Land Surveyor ................................................... ...............................
Hr
125.00
Professional Land Surveyor .............................................................. ...............................
Hr
1 10.00
SurveyParty Chief ............................................................................ ...............................
Hr
80.00
Survey Party - 2 Man/ Conventional .................................................. ...............................
Hr
125.00
Survey Party - 3 Man /Conventional ................................................. ...............................
Hr
165.00
Survey Party - I Man /GPS or Robotic ............................................ ...............................
Hr
125.00
Survey Party - 2 Man/GPS or Robotic ............................................. ...............................
Hr
165.00
Survey Party - 3 Man /GPS or Robotic .............................................. ...............................
Hr
205.00
Hand -Held Field GPS /G15 ............................................................... ...............................
Day
150.00
LaserLevel ....................................................................................... ...............................
Day
75.00
VI. I EQUIPMENT RENTAL FEES
a
Well Sampling Equipment (includes items B through E below) ...... ...............................
Day 125.00
pH, Specific Conductance and Temperature Meter .......................... ...............................
Day 40.00
c
Groundwater Filter Pump ................................................................... .I.............................
Day 25.00
dElectric
Purge Pump .......................................................................... ...............................
Day 40.00
ePVC
Bailer ........................................................................................ ...............................
Day 10.00
GrundfosPump Control Box ............................................................ ...............................
Day 60.00
gWater
Level Indicator ....................................................................... ...............................
Day 30.00
hFilter
and Hose (for pump) ................................................................ ...............................
Ea 20.00
i
Modified Level "D" (Tyveks, Boots, Gloves) /per person/per chg of clothing ................
Ea 50.00
j
Photoionization Detector Meter ........................................................ ...............................
Day 110.00
kNuclear
Density Gauge ..................................................................... ...............................
Day 60.00
1
Air Sampling Equipment, per pump ................................................. ...............................
Day 50.00
rr
Hand Operated Field Probe Equipment ............................................ ...............................
Day 110.00
nExplosimeter
..................................................................................... ...............................
Day 30.00
o
GA90 /GEM 500 /GEM 2000 Gas Analyzerr ...................................... ...............................
Day 175.00
p
Flame Ionization Detector ................................................................. ...............................
Day 110.00
qInterface
Probe .................................................................................. ...............................
Day 50.00
rATV
.................................................................................................. ...............................
Day 25.00
sCompany
Truck ................................................................................. ...............................
Day 75.00
TESTING AND RENTAL NOTES:
1. Rates for testing and equipment not listed above are available on request.
2. Testing and equipment rental costs are negotiable for specific projects and for on -site laboratory programs.
3. Laboratory unit prices cover equipment and labor costs to perform standard test procedures and laboratory reports with normal turn-
around times. Non - standard testing requirements, supervisory and project management costs, data evaluation costs, and environmental
sample disposal costs are not included in the testing unit prices and are billed separately.
4. Equipment rental rates are for equipment costs only. Transportation, calibration and personnel costs are billed separately.
5. Daily and weekly rates cover a maximum of 10 and 50 hours respectively.
6. SAMPLES WILL NOT BE RETAINED beyond classification and testing unless other arrangements are agreed to in writing.
Environmental samples remain the property ofthe client.
Arty modification to this fee schedule requires the written approval of Weaver Boos Consultants, LLC
Page 2 of 2
13:€}O0t9
Oc WS.X.T�'�'AIV! 7C'S
August 20, 2009
Proposal M90500
Mr. Robert A. Nichols, EI
City of South Bend
131 County -City Building
227'W. Jefferson Blvd.
Sout Bend, IN 46601
Re: Revised General Terms and Conditions
Proposal for Environmental Consulting Services
Former Studebaker Museum
520 S. Lafayette Blvd.
South Bend, IN 46601
FID # 24951
LUST # 200702503
Dear Rob:
Wea er Boos Consultants, LLC. (Weaver Boos) appreciates the opportunity to provide
environmental consulting services in relation to a leaking underground storage tank (LUST)
release that occurred at the referenced site (Site). Weaver Boos has received and reviewed the
co cents made by Ms. Cheryl Greene regarding the General Terms and Conditions submitted
with Proposal M90500 on January 19, 2009. Weaver Boos has agreed to modify said General
Ten s and Conditions accordingly for this project. The revised General Terms and Conditions
now 4pplicable to Proposal M90500 are attached.
We ppreciate this opportunity to be of service and are looking forward to worldng with you on
this roject. If you should have any questions or comments concerning this correspondence,
ple do not hesitate to contact our office.
Weaver Boos Consultants, LLC
Edward B. Stefanek
Senior Project Manag4- /
Attadlunents: General Terms and Conditions for Proposal M90500
- -
F085 Meghan Beeler Corny • South Bend, Indiana 4662,) ^ Phone: (574) 271 -3447 . Fax: (574) 271 -3343
my w. %veaverboos.com
These Gene
into the fc
constitute tl
by Weaver
shall remai
Proposal.
Terns and Conditions are incorporated by reference
;oing Proposal and shall along with the Proposal
Agreement under which services are to be performed
as Consultants, LLC ( WBC) for Client. The Proposal
valid for 90 days unless othenvise stated in the
a. It is u hderstood that the scope of services and time schedule
clefined in the Proposal are based on the information provided
by Client and certain assumptions. If this information is
incomplete or inaccurate. or if unexpected site conditions are
discovered, the scope of services may change, even as the nvork
is in piogress.
b. The scope of services shall include all services provided by
WBC in its discretion, which are reasonably necessary and
appropriate for the effective and prompt fulfillment of WBC'S
obligations under the Agreement and all services shall be
subject to the provisions of the Agreement, including these
GenerE I Terms and Conditions and any Supplemental Terms or
Conditions incorporated herein. All such services provided
shall invoiced and paid for in accordance with Section 3
below.
C. All ad itional or subsequent work performed for client, shall be
subject[ to these Genernl Terns and Conditions. unless
oiherw se superseded or modified by mutual agreement of
WBC And Client.
SECT ON : CLIENTDISCLOSURES
n. It shall be the ditty of the Client before and during the project
to promptly notify WBC ol•any known or suspected hazardous
substances which are or may be related to the services to be
provided. Such hazardous substances shall include but not be
limited to any substance which posed or may pose a present or
potenti I httwrd to human health or the environment. whether
contained in product, material, by- product, waste or sample and
whether it exists in a solid, liquid, semisolid or gaseous form.
b. Following any disclosure as set forth in the preceding
panigreph, or if an), hazardous substances are discovered or
reason bly suspected by WBC alter its services are undertaken.
and which substantially change the costs and risks of the
projectl then WBC mny, at its discretion. discontinue its
c. Client shall notify WBC of potential health hazards or
nuisances which might arise out of the work by WBC and its
contra ors and /or subcontractors (hereinafter referred to as
subcon ractors), and thereafter WBC shall take necessary and
reason ble measures to protect its employees against such
possiblu health hazards or nuisances. The reasonable direct
costs o such measures shall be borne by die Client.
d. The CI eat shall notifv WBC of any other conditions, of which
Client is or should reasonably be aware oC which might
signifi Or
affect the efficiency or safety of work of WBC.
a. Unless otherwise specifically provided in die Agreement,
billings will be based on the fee schedule reterenced in the
propos I. WBC shall submit invoices monthly for services
perforn ed and expenses incurred and not previously billed on
tiny pre ions invoice. Payment is clue upon receipt.
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006 -AI
Pagel of 3
b. The Client shall provide WBC with a clear written statement
within fifteen (15) days after receipt of the invoice of any
objections to the invoice or any portion or element thereof.
Failure to provide such a written statement sha11 constitute
acceptance of the invoice as submitted. Only the disputed sums
may be withheld from payment. Further, WBC and Client
agree to promptly address and resolve invoice disputes.
c. The Client's obligation to pay for the services performed under
this Agreement is in no way contingent upon other events;
including but not limited to Client's ability to obtain financing,
zoning, approval of governmental or regulatory agencies, final
adjudication of n lawsuit in which WBC is not involved,
complete a transaction or success8dly complete the project.
No deduction shall be made from any invoice on account of
penalty, liquidated damages or other sums withheld from
payment to WBC.
d. If timely payments are not received, then WBC may commence
collection activities. It is agreed that all expenses incurred by
WBC in obtaining liens. obtaining judgments or collecting any
amounts due under the Agreement including the time of WBC
employees. at full billing rates. all associated costs. and
reasonable attorney's fees shall be recoverable from the Client.
SECTION 4: RIGHT OF ACCTSS
a. If services to be provided under this Agreement require the
agents, employees. or subcontractors of WBC to enter onto the
Project site. Client shall provide timely right of access to [lie
site to WBC. its employees, agents and subcontractors, to
conduct the planned field observations and services. WBC
shall take reasonable precaution to reduce damage to the site
due to its operntions. but is not responsible for the cost of
restoration for any damage resulting from its operations, unless
otherwise provided for in the Proposal.
SECTION $: SAMPLING OR TEST LOCATION
a. If the scope of services includes performance of soil borings, or
other subsurface excavations by WBC, it is understood that the
Client will furnish WBC with a diagram indicating the location
and boundaries of [lie site. and all subsurface structures and
utilities. WBC reserves the right to deviate a reasonable
distance from the proposed boring location(s). Client
recognizes that drilling equipment is large and heavy and
understands the risk of site damage. At Client's request and
cost. WBC will restore the site to the conditions existing prior
to WBC operations if practicable, WBC shall not be liable for
dtunage or injury to or resulting from damnge to subterranean
structures (pipes. tanks. cables. wires or other utilities and
subsurface structures, etc.) which are not called to WBC's
attention in writing and correctly shown on the dingram(s)
furnished or correctly marked at the site,
b. Unless otherwise stated, the tees in this proposal do not include
costs associated with surveying of the site for the accurate
horizontal and vertical locations of tests. Field tests or boring
locations described in our report or shown on sketches are
based upon infomation furnished by others and/or estimates
made in the Field by our representatives. Such dimension and
elevations should be considered as approximations unless
otherwise stated.
C. This agreement may be terminated if site conditions prevent
soil borings or other subsurface excavations by WBC nt or near
the designated locations. because of either obstructions or
safety
us nri
additi
the fe
d. Any
rsiderations, and these conditions were not revealed to
to acceptance of this Agreement. If, in order to
borings, or other subsurface excavation. to their
T depths, additional work is necessitated by
ing impenetrable subsurface objects, this and all
work will be charged for at the appropriate rates in
ment lost or damaged due to site surfnce or
conditions, and not the negligence of WBC or its
ors, will be invoiced at cost plus 15 percent.
a. All materials and samples will be discarded immediately after
testing unless the Client advises WBC in writing to the
contra I» such ease, the samples will be delivered, shipping
charges collected, or stored at owner's expense.
b. Client shall have the sole responsibility to dispose of any
hazardous substance or regulated contaminant whether the
result of or a by- product of sampling or not, in accordance with
applicable law. Client shall bear all costs and liabilities
associated therewith.
C. Client grees to indemnify, defend and hold harmless WBC
from smy claims made or asserted against WBC arising out of
or rela ed to collection, storage or disposition of samples or
materif Is alleging a failure to comply with any Federal. State or
local ci ivironmental law, regulation or ordinance.
a. With the exception of WBC reports to Client, all documents,
includi ig field data. field notes. laboratory test data_
cnlcula ions and estimates are and remain the property of WBC.
Client igr= that all reports and other -wort: furnished to the
Client u1 not paid for in full will be returned to WBC upon
demon and will not be used for design. construction. permits.
licensing, or any other purpose.
b. Documents, including but not limited to, technical reports. field
data, field notes, laboratory test (into. calculations. and
estimates furnished to the Client or its agency pursunnt to this
agreement are not intended or represented to be suitable for use
by third parties or reuse by the Client or to the extensions of the
Project or on any other project. Any use or reuse without
WBC's written consent will be at Client's sole risk and without
liability or legal exposure to WBC or to 1VBC's
subcont actor(s). Client shall indemnify and hold harmless
WBC aid WBC's subcontractor(s) from all claims, damages,
losses aid expenses including attorneys' fees arising out of or
resultin therefrom.
n. WBC a ecs to indemnify. hold harmless. and defend Client
from anJ against any loss. damage, iniury, claim, and linbility
arising and caused by the negligent acts or omissions of WBC.
its agen s and subcontractors, but subject to the limitations of
liability et forth in Section I 1 of this Agreement.
a. WBC resents that the services perfomhcd under this
Agrcem nt will be performed with the care and skill ordinndly
exercise by reputable members of the profession practicing
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006 -A1
Page 2 of 3
under similar conditions at the some time in the same or similar
locality.
Client recognizes that subsurface conditions may vary from
those encountered at the locations where the borings. surveys,
or explorations are made by WBC and that the data
interpretations and recommendations of WBC's personnel are
based solely on the information available to them. WBC will
be responsible for those dots, interpretations, and
recommendations, but shall not be responsible for the
interpretation by others ofthe information developed.
NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS
MADE OR INTENDED BY RENDITION OF CONSULTING
SF.RViCES OR BY FURNISHING ORAL OR WRITTEN
REPORTS OF THE FINDINGS MADE.
SECTION 10: INSURANCE
a. WBC represents dint it and its agents, consultants, nail
subcontractors employed by it, is and are protected by
Worker's Compensation insurance and that WBC has coverage
under liability insurance policies which WBC deems
reasonable and adequate, WBC shall furnish certificates of
insurance upon request. If the Client requests specific
inclusions or limits of coverage that are not present in WBC's
insurance, the cost of such inclusions or coverage increases, if
available, shall be at the expense of the Client.
SECTION 11: LIMITATIONS OF LIABILITY
IT IS AGREED THAT, TO THE FULLEST EXTENT
PERMITTED BY LAW, CLIENT WILL LIMIT WBC's
TOTAL AGGREGATE LIABILITY TO CLIENT TO $50,000
OR THE AMOUNT OF WBC's FEE. WHICHEVER IS LESS,
FOR ANY AND ALL INJURIES. CLAIMS. LOSSES
EXPENSES OR CLAIM EXPENSES (INCLUDING
ATTORNEY'S AND EXPERT WITNESS FEES) ARISING
OUT OF THIS AGREEMENT OR THE SERVICES TO BE
PERFORMED PURSUANT TO THIS AGREEMENT FROM
ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE,
BUT ARE NOT LIMITED TO. WBC'S NEGLIGENCE,
ERRORS. OMISSIONS. STRICT LIABILITY, BREACH OF
CONTRACT. STATUTORY LIABILITY, BREACH OF
WARRANTY, NEGLIGENT MISREPRESENTATIONS,
ENVIRONMENTAL LIABILITY OR OTHER ACTS GIVING
RISE TO LIABILITY BASED UPON CONTRACT, TORT
OR STATUTE. IT IS EXPRESSLY AGREED THAT THE
REMEDY STATED HEREIN IS THE CLIENT'S
EXCLUSIVE AND SOLE REMEDY FOR ANY
DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR
SERVICES TO BE PERFORMED PURSUANT TO THIS
AGREEMENT,
�. WBC will increase our limitation of linbility up to the limits of
our available insurance coverage or otherwise to $250,000,
whichever is greater, upon client's written request. Said
request must be received within 14 days of the date of
execution of the Proposnl and be before nny claim arises,
The Client further agrees to notify any contractors or
subcontractors who cony perform work in connection with any
design. report or study prepared by WBC of such limitation of
liability for breach ofcontract. errors, omissions or negligence
and require as a condition precedent to their performing their
work a like limitation of liability on their part ns against WBC.
d. The Client and WBC agree that neither will be liable to the
other for consequential damages incurred due to the fault of the
other. Said damages include, but tine not limited to, loss of use
and lost profits.
e. With a exception of actions pertaining to materialmen or
mechanic's liens, and if lawful, causes of action between the
parties o this Agreement pertaining to nets or failures to act
shall be deemed to have accrued and the applicable statutes of
limitations shall commence to run on the date the alleged act or
failure to act occurred.
f. Not withstanding the above, all claims, whether based upon
contract, tout, breach of watTanty, professional negligence
(including errors, omissions or other professional acts), or
othenvi e, shall be deemed waived unless made by the Client in
writing and received by WBC within one (1) year after Client
reasons 31y knew or should have known of its existence, but in
no event, shall such claim be asserted by Client later than two
(2) yeats after WBCs completion of services with respect to
which tl ie claim is made.
n. Claims, disputes or other matters in question between the
parties to this Agreement arising out of or relating to this
Agreem nt or the breach thereof shall be subject to and decided
by first mediation between parties involved.
b. In the event thnt mediation is unsuccessful to resolve dispute
and saic dispute now results in litigation. it is agreed that the
prevailinsultam's g party shall be entitled to recover nil reasonable costs
incart in the deibnse of the claim, including staff time, court
costs, fees, attorney's fees, and other claim- related
C. Resolution shall be final. and judgment may be entered upon it
in accordance with applicable law in any cows having
jut-isdiclion thereof.
SECTION 13: TERMINATION
a. This Agreement may be terminated by either party upon at least
seven O days written notice in the event of substantial failure
by the Alver party to perform in accordance with the terms
hereof ittrough no fault of The terminating party. Such
termination shall not be effective if the substantial failure has
been renedied before expiration of the period specified in
written notice.
b. WBC r
WBC's
through
c. This At
party up
d. if this P
perform
plus ten
costs all
re -assig
to terms
SECTION 1
D, in the e
or unen
full fore
ty terminate this Agreement if the Client suspends
services for more than sixty (60) consecutive days
o fault of WBC's.
eement may be terminated without cause by either
n at least sixty (60) days' written notice.
reement is terminated. WBC shall be paid for services
1 prior to the termination date set forth in the notice
ination expenses. Terminndon expenses shall include
butable to personnel and equipment rescheduling and
nent and all other costs incurred directly attributable
ent that any provision herein shall be deemed invalid
3rceable, the other provisions hereto shall remain in
and effect, and binding upon the parties hereto.
WEAVER BOOS CONSULTANTS, LLC
General Terms and Conditions
Version 2006 -A1
Page 3 of 3
b. The heading or title of a section is provided lbr convenience
and information and shall not serve to alter m• affect the
provisions included herein,
c. All obligations arising prior to the termination of this
Agreement and all provisions of this Agreement allocating
responsibility or liability between the Client and WBC shall
survive the completion of set-vices and the termination of the
Agreement.
d. Unless otherwise provided. the substantial law, of the State of
Indiana will govern the validity of this agreement, its
interpretation and performance, and remedies for contract
breach or any other claims related to this agreement.
e. WDC shall apply professional judgment in determining the
extent to which WBC shall comply with any given standard
identified in WBC's documents. Unless otherwise indicated,
such compliance, referred to as "General Compliance"
specifically excludes consideration of any standard listed as a
reference in the text of those standards cited by WBC.
f. Unless specifically stated in WBC's Proposal, it is understood
the costs for implementation ofthe work are based on privately
owned projects utilizing merit (non - union) wages and
employees. Government funded or publicly owned projects
that require prevailing wages will have specific tees identified
in the Proposal. Any job action, strike, or other requirement to
use union represented employees will require renegotiation of
the costs for performing the work.
g. In the event that WBC borrows or uses equipment or
machinery, including but not limited to stationary. mobile and
non -road mobile equipment, from the Client, it is agreed that
the equipment is being rented for the stun of $1.00 and other
considerations unless a specific rental agmemeol is executed by
the parties.
h. This Agreement may be assigned by WBC to an affiliate
company. in whole or in part. WBC may also retain persons or
entities not in WBC's employ without Client's prior specific
consent when such retention is appropriate and customary,
including, but not necessarily being limited to. surveyors,
drilling subcontractors. testing laboratories, remediation
contractors, and specialized consultants. Client shall not assign
its duties and obligations hereunder without the prior written
consent of WBC.