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_ g(1lPH Community & Economic Development 1200 County-City Building, 227 West Jefferson, Sours Deno, indiond 46601 -1830 ♦ Phone 5741235 -9371 ♦ Fax 5741235-9021 To: Redevelopment Commission From: Ann Kolata & Bill Schalliol Subject: Proposal from Weaver Boos Consultants LLC Ivy Tower Facility Renovation Project Date: July 23, 2012 Attached is a proposal from Weaver Boos Consultants LLC for environmental services related to the Ivy Tower Facility Renovation Project. As you are aware, the Commission has entered into a MOU with Union Station Properties that includes environmental remediation at the current Ivy Tower property. This included providing a Phase 1 and Phase 11 Environmental Assessment and remediation of asbestos and lead based paint currently in the building. Recently we have determined that a third environmental issue, transformers and associated PCBs, will need to be addressed as part of the site clean-up. There are four transformer rooms and each unit within the rooms will need to be investigated and likely need remediation. Also, the concrete floors of the transformer rooms need to be investigated to determine whether PCB contamination is present and, if so, what remediation needs to take place. Weaver Boos was selected to handle the remediation based on their work at the former foundry demolition, handling a complicated remediation in a very efficient manner. Weaver Boos will also assist us in coordinating the remediation work with the rehabilitation of the building by the private developer, The proposal outlines the following four tasks: • Review the environmental information that is currently available and conduct a comprehensive walk through of the property. This task also includes the coring of the floors in the transformer rooms and the analysis of those samples. • Prepare bid documents for the remediation work. • Provide one hour on -call service during remediation and remediation oversight. • Project management and coordination, The work will be billed on a time and material basis. Weaver Boos assumed a two year time frame for all of this work. If it is completed more quickly, then the number of hours billed could be significantly less than the number of hours assumed for this proposal. The cost of the proposal is not to exceed $198,720. The staff recommends approval of this proposal. Please contact meal 235 -9374 ov akolata c�scuthbcndin,goy if you have any questions. 072612 6B 1. doe what we Do Today hakes x Difference! CHICAGO, rI.LINOIS�' CoLummus, OHIO DENVER;COLORADO FORT'WORT "EXAS GIiArII),RAPID; MCCHIGAH GRIFFITII; INDIANA NABERVILLE, ILLINOIS SO6 BEND, INDIANA SYRINGFIF,LD, ILLINOIS ST.LOUIS,MLSSOiJRr GEO= ENVIRONMENTAL.ENGINEERS, . ,. . -AND SOIENTISTS -'. . July 14, 2012 Proposal WBCP- 001 -16 -12 Mr. Bill Schalliol City of South Bend Redevelopment Coinmission 227 West Jefferson Blvd, South Bend, Indiana 46601 RE: PROPOSAL FOR ENVIRONMENTAL SERVICES IVY TOWER FACILITY RENOVATION PROJECT 635 S. LAFAYETTE BLVD AND 600 UNITED DRIVE SOUTH BEND, INDIANA Dear Mr. Schalliol: Please find enclosed two copies of our proposal that has been prepared in response to your Request for Proposal (RFP), and subsequent discussions. If you have any questions or require further information or clarification, please contact me. Very truly yours, Weaver Boos Consultants, LLC Edward B. Stefanek Senior Project Man r Enclosures— Two copies of WBCP- 001 -16 -12 Cc: Ms. Ann Kolata, South Bend Senior Redevelopment Specialist 4085 Meghan Beeler Court -South Bend, Indiana 46628 • Phone: (574) 271-3447-Fax.- (574) 271 -3343 www.weaverboos.com SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal rnr Environmental Services TABLE OF CONTENTS PROPOSAL FOR ENVIRONMENTAL SERVICES CITY OF SOUTH BEND REDEVELOPMENT COMMISSION IVY TOWER FACILITY RENOVATION PROJECT 1.0 INTRODUCI' ION .................................................................................. ............................... I 1.1 Background Information ......... - ....................................................... ............................... l 1.2 Purpose and Objective ..................................................................... ............................... 3 1.3 Summary of Approach..............-...............................,...........,..,...... ............... ................4 1.4 Summary of Qualifications .............................................................. ............................... 5 2.0 SITE CHARACTERISTICS AND APPROACH ............................... ............................... 6 2.1 General ...........................................................................................:.. ..............................6 2.2 Preliminary Site Information ........................................................... ............................... 6 2.3 Building Background ....................................................................... ............................... 7 3.0 PROPOSED SCOPE OF WORK ......................................................... ............................... 9 3.1 General ........... .. ........... .. ............ .. ....................... ..... ........... ...... - ....... ................... ..........9 3,2 Task I - Site Characterization .................. - ............ ... ......................................... ............ 9 3.3 Task 2 - Preparation of Environmental Bid Specifications ............. .............................12 3.4 Task 3 - Environmental Response Services ........................................ - ............. .......... 13 3.5 Task 4 - Demolition Project Management . .............. - ....................................... ........... 14 4.0 PROJECT TEAM .................................................................................. .............................16 4.1 Organization ................................................................................... ............................... 16 4.2 Personnel Qual ifications ................................................................ ............................... 18 4.3 Proposed Subcontractors ................................................................ ............................... 19 5.0 CORPORATE PROFILE AND EXPERIENCE .:............................ ............................... 21 6.0 BUSINESS PROPOSAL ....................................................................... .............................25 6.1 Schedul e ........................................................................................... .............................25 6.2 Insurance Coverage ........................................................................ ............................... 26 6.3 Cost Estimate ................................................................................. ............................... 26 6.4 Authorization ................................................................................. ............................... 27 Weaver Boos Cowaltwtls, LLC i 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proovsal for Environmental Services Llsf of Tobles TABLE I — COST ESTIMATE FOR LIMITED SITE CHARACTERIZATION TABLE 2 — COST ESTIMATE FOR ENVIRONMENTAL BID SPECIFICATION PREPARATION TABLE 3 — COST ESTIMATE FOR ENVIRONMENTAL RESPONSE SERVICES TABLE 4 - COST ESTIMATE FOR PROJECT MANAGEMENT List ofAnyendices APPENDIX A — RESUMES FOR PROPOSED PROJECT TEAM APPENDIX B — SELECTED PROJECT EXPERIENCE APPENDIX C — REFERENCES APPENDIX D — CERTIFICATE OF INSURANCE APPENDIX E — FEE SCHEDULE APPENDIX F — GENERAL TERMS AND CONDITIONS APPENDIX G— PROPOSAL ACCEPTANCE SHEET Weever Boos• Consulta:rts, LLC 1i South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal forEnvironrnental Services 1.0 INTRODUCTION 1.1 Background Information Weaver Boos Consultants, LLC (Weaver Boos) respectfully submits this proposal to the City of South Bend'Redevelopment Commission (City) for environmental consulting services related to the proposed renovation and redevelopment of the complex referred to as the Ivy Tower complex, located at 600 United Drive and 635 S. Lafayette Blvd in South Bend, Indiana. The Ivy Tower complex is comprised of three land parcels totaling approximately 12.5 acres and is occupied primarily by the South Bend Warehousing and Distribution Corporation. The Ivy Tower complex consists of a several buildings, many of which are interconnected totaling approximately 820,000 square feet of warehouse and limited manufacturing space. The original portions of the buildings were constructed by the Studebaker Corporation in the 1920s and 1930s and were used for auto manufacturing. One portion of the complex is located at 600 United Drive, consisting of approximately 56,768 square feet of manufacturing space, referred to during the Studebaker era as Building 112. This building has two main floors and an upper deck. The second portion of the complex is located at 635 S. Lafayette Blvd and consists of an interconnected warehouse complex, totaling approximately 763,700 square feet. One primary building was identified as Building 84 during the Studebaker era and is comprised of six floors and a basement. The second primary building was identified as Building 113 and is comprised of two stories. Buildings 113 and 84 are connected by a steel frame structure that primarily serves as a loading dock and storage area but is referred to as the Loft Building. To the south of Building 113 is a large open lot used for staging and storage. The overall Project will entail the complete redevelopment of the Ivy Tower Complex. The redevelopment project will include comprehensive renovation of the existing buildings. The targeted future use of the site is a combination of upper level living spaces (Building 86) and lower level retail and computer support services. The complex will be connected via underground tunnel (beneath the existing Norfolk Southern. Railroad lines) to Union Station facility located to the north. For this proposal, these areas will be collectively referred to as the Site. Weaver Boos understands that the City will be responsible for the actions required to assess and remove/abate any adverse environmental health hazards (asbestos, lead -based paint, PCB transformers, etc.) prior to renovation. Weaver Boos understands that the City is requesting proposals from Wearer NoesConsullnufs, LLC 4085 Mcghan Bucicr Court South bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJEG°r Proposal for F,nAronmental Services qualified engineering firms to provide environmental oversight and support services for the project. The City is interested in retaining a consultant that can: 1. Review all existing environmental information related to the Site to determine if there are any other preliminary assessment activities are required 1 Prepare environmental abatement bid specifications for the renovation project; 3. Oversee environmental abatement activities prior to and during Site renovation activities undertaken by the Developer; 4. Have an environmental professional available for project meetings and on -call during the renovation project. 1.1.1 Previous Environmental Investigations Several environmental investigations or assessments focusing on historical land usage have been completed for the surTounding area including the Site. In 2012, Wightman Petrie (WPI) completed a Phase I Environmental Site Assessment (ESA) and Limited Phase 11 ESA for the Site. WPI concluded in the Phase I ESA that the following recognized environmental conditions were identified related to the Site. 1. Identified location of a former underground storage tank (UST) system along Building 113. 1 The potential presence of additional undocumented UST systems. 3. Undocumented spills and/or releases at the Site related to historical manufacturing operations. 4. Absence of any documentation regarding historical disposal practices. 5. The potential presence of PCB transformers, asbestos - containing materials, and lead - based paint. 6. Documented soil and groundwater contamination on nearby properties. Subsequently, in WPI completed the Phase II ESA at the Site. WPI identified petroleum impacts near in the soil (from 0 -5 feet bgs) at the northwest comer of the open lot south of Building 113. WPI concluded that the impacts were likely limited to near the surface. The concentrations detected were above Indiana RISC default industrial closure goals. Trichloroethylene was detected in groundwater samples collected from beneath the Site at concentrations slightly above (Weaver Boos Consultmrls. Uc South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Strvices Indiana RISC Residential closure goals. WPI also completed a ground penetrating radar survey for the Site to identify the potential presence of features such as previously abandoned and/or removed USTs, cisterns, and tunnels, as well as the presence of possible fill materials from prior demolition activities. The results of the survey indicated no indications of subsurface anomalies consistent with the presence of buried USTs but there were some areas of buried backfsll. In addition, south of Building 113 numerous foundations were identified from previous buildings that once stood across the Site. Within one foundation there are indications of significant debris, possible finm the historical demolition activities. WPI also completed a lead -based paint survey and asbestos inspection. WPI confirmed that the Site contains lead -based paint and asbestos that will need to be addressed as part of any planned renovation activity. The City also stated to Weaver Boos that there are seven PCB - containing transformers located within the buildings. The buildings are contained inside three transformer rooms. Weaver Boos completed a site reconnaissance of the transformer room including a fourth former transformer room. Two rooms currently contain Ieaking transformers as visually indicated by the stained concrete floor. Weaver Boos understands that the City may solicit bids from qualified firms to complete the necessary environmental abatement activities including asbestos removal, removal of the transformers, etc. prior to the developer proceeding with the planned renovation activities. 1.2 Purpose and Objective As part of the Project, the City has requested a proposal to provide environmental consulting services to the City. As part of this proposal, the City has identified several objectives in their RFP which are itemized as follows: • Create environmental abatement bid documents; • Review all existing environmental reports related to Site; • Determine if additional environmental screening activities are required as part of the creation of the bid document; • Investigate present site conditions; • Oversee environmental abatement activities; Weaver Boos Consultants, LLC 3 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND REAEVELOPMENT COMMMION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services Closely coordinate with City and Developer's consultants during the creation of bid document and the entire renovation project; + Provide reasonable timely response (approximately 1 hour or less) to on -call requests prior to and during the entire renovation project; and + Attend all scheduled project meetings with City and Developer's representatives. 1.3 Summary of Approach Weaver Boos understands that the goal of the City is to remove the environmental impediments associated with the proposed renovation project so that ultimately the Site may be redeveloped as planned by the Developer. Weaver Boos recognizes that due to the age of the buildings and the operations conducted inside each building, and the results of the WPI investigations, several factors need to be considered prior to renovation, including: 1. Existing and possible environmental impacts to the Site; 2. Working as part of the City's project team in assisting the Developer to obtain their goal of renovating the Site as proposed. 3. The planned reuse of the Site. To elate, Weaver Boos has only been provided a preliminary general idea of the planned reuse. 4. Potential unforeseen environmental concerns that are discovered during renovation (i.e. soil contamination or UST in a proposed utility excavation). To accomplish the City's objectives, Weaver Boos will work closely with the City and Developer, and the City and Developer's legal and engineering representatives prior to and during the planned renovation. In preparation of this proposal, Weaver Boos reviewed past environmental reports prepared by Wightman Petrie, Inc., briefly toured the Site, and reviewed past site plans of the Site. Using this information, in conjunction with any additional information Weaver Boos anticipates will be provided by the City (including any additional environmental assessment activities and, if available, building specifications), local historical societies or museums (building drawings and other available documentation), and additional yet preliminary site visits or investigations (further quantification and/or characterization of environmental conditions), Weaver Boos will create the environmental remediation specifications. Weaver Boos will also assist the City during pre -bid or preconstruction meetings and any site walk - through that may be required. Weaver Boos Consultants, LLC 4 4085 Meghan Beeler Corot South Bend, IN 46628 SOUTH 13END REDEVELOPMENT COMMISSION AV Y TOWER FACILITY RENOVATfON PROIECF Proposal for Environmental Services The project has two major components: environmental characterization and environmental abatement. Weaver Boos proposes to perform the work as four major tasks: Task 1— Limited Site Characterization Task 2 - Preparation of Environmental Abatement Specifications; Task 3 — Environmental Response Service; Task 4 — Project Management. 17re scope of work for each task is presented in Sections 3.1 through 3.5 below, respectively. 1.4 Summary of Qualifications Weaver Boos, a Midwest engineering and environmental consulting firm, has the staff and expertise to successfully complete the project for the City. Weaver Boos' staff is qualified and locally positioned to provide the varied services requested in the City's RFP. The Weaver Boos staff has provided services similar to those requested in the RFP to industrial clients in the Midwest, and has conducted several environmental assessments for the City of South Bend. Weaver Boos has an established track record of successfully completing complex, multi- faceted projects. Our work is dominated by repeat clients and referrals, which we believe is testimony to the consistent, quality of work that Weaver Boos provides. One of the strengths of Weaver Boos is our understanding of the numerous regulatory programs (VRP, LUST, RCRA, CERCLA, CWA, CAA, and Solid Waste) under which our work is routinely performed. In addition to our technical expertise, Weaver Boos regularly works with commercial and industrial developers, local governments, and the USEPA to develop comprehensive, cost - effective environmental solutions. By selecting Weaver Boos, the City of South Bend will be retaining a qualified and experienced firm that maintains a local presence, and is well versed in the community benefits that can be achieved by the revitalization of Brownfield properties. The following proposal is presented in several sections, Section 2.0 describes our understanding of the Site characteristics and our overall approach to the project. Section 3.0 outlines our proposed technical scope of work. Section 4.0 presents our proposed project team. Section 5.0 provides a brief corporate profile and a description of our relevant experience. Finally, Section 6.0 presents our business proposal. Weaver Boos Corasidtaiits, CLC 5 4085 Meghan Beeler Court South Bend, IN 46629 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for Enviranmental Services 2.0 SITE CHARACTERISTICS AND APPROACH 2.1 General Weaver Boos has obtained and reviewed past environmental reports prepared by WPI, met with City personnel, and briefly toured the Site, 2,2 Preliminary Site Information To support the preparation of our proposal, we obtained preliminary information (Sanborn Fire Insurance Maps) regarding the structures that occupy the Site. Further, WPI identified a list of recognized environmental conditions associated with the Site, These environmental conditions may need to be addressed as specified in the bid document prior to renovation. 2.2.1 Phase I and It Environmental Site Assessment Review The WPI Phase I ESA report, dated February 22, 2012, identified the following recognized environmental conditions (RECs) associated with the Site. 1. Identified location of a former underground storage tank (UST) system along Building 113. 2, The potential presence of additional undocumented UST systems. 3. Undocumented spills and/or releases at the Site related to historical manufacturing operations. 4. Absence of any documentation regarding historical disposal practices. 5. The potential presence of PCB transformers, asbestos- containing materials, and lead - based paint. 6. Documented soil and groundwater contamination on nearby properties. Subsequently, in WPI completed a Phase II ESA, dated March 23, 2012, at the site. WPI identified petroleum impacts near in the soil (from 0 -5 feet bgs) at the northwest corner of the open lot south of Building 113. WPI concluded that the impacts were likely limited to new the surface. The concentrations detected were above Indiana RISC default industrial closure goals. Trichloroethylene was detected in groundwater samples collected from beneath the Site at concentrations slightly above Indiana RISC Residential closure goals. WPI also completed a ground penetrating radar survey for the Site to identify the potential presence of features such as Weaver Boos Consallams, LLC 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services previously abandoned and/or removed USTs, cisterns, and tunnels, as well as the presence of possible fill materials from prior demolition activities. The results of the survey indicated no indications of subsurface anomalies consistent with the presence of buried USTs but there were some areas of buried backt ll. In addition, south of Building 113 numerous foundations were identified from previous buildings that once stood across the Site. Within one foundation there are indications of significant debris, possible from the historical demolition activities. 2.2.2 Additional Assessment Activities WPI also completed a lead -based paint survey and asbestos inspection. WPI coufinned that the Site contains lead -based paint and asbestos that will need to be addressed as part of any planned renovation activity. The City also stated to Weaver Boos that there are seven PCB - containing transformers located within the buildings. The buildings are contained inside three transformer rooms. Weaver Boos completed a site reconnaissance of the transformer room including a fourth former transformer room. Two rooms currently contain leaking transformers as visually indicated by the stained concrete floor. This information will serve to minimize the activities necessary to complete the tasks outlined in this proposal. 2.3 Building Background According to the WPI reports, Building 112 is a 56,768 square foot space formerly occupied by the Studebaker Corporation for manufacturing (machine shop). The concrete building (with brick fagade) consists of a large freight warehousing facility having two floors and upper deck level. The building was constructed in 1944. Currently the building is used for light manufacturing (WEDI, Inc. and McGowan Wire Specialties). Building 84 is a 720,000 six -story building also constructed of concrete with brick fascia. The building was originally constructed by Studebaker in 1923 for auto assembly. Currently the building is primarily used for warehousing (automobile, recreation vehicles). Building 113 was constructed in 1945. The 45,650 square foot building is comprised of a series of conjoining smaller buildings that was originally used by Studebaker as an auto factory. Most recently the building is used for light manufacturing and warehousing. Weaver Boos Consultants. LLC 4085 Mcghan Bccicr Court Soutb Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal fir Environmental Services Between Buildings 84 and 113 is a steel framed structure referred to as the loft building, primarily used as a loading dock. The City and the selected consultant must have good lines of communication during the project in order to successfully and economically complete the project. Since the project will be run out of the Weaver Boos South Bend office, the close proximity of the office to the site and the County -City Building will facilitate effective communications and quick response times to requests for meetings. In addition to the meetings with the City, Weaver Boos anticipates meeting with City and Developer representative. in the early stages of the project to gather existing information and address logistical aspects to be included in the environmental abatement/remediation bid package that is being prepared. Weaver Boos Consuttauts, LLC 8 4085 Meghan Beeler Court South Bend, IN 46628 SOUM BEND REDF,VELOPMENr COMMISSION— IVY TOWER FACILITY RENOVATION PROJECT Proposal for EnviEVnmentul Servieos 3.0 PROPOSED SCOPE OF WORT 3.1 General A description of the environmental assessment services proposed by Weaver Boos to support the successful renovation of the Ivy Tower Facility Complex is discussed in this Section. Our estimated cost for completion of this phase of the project will be based primarily on unit costs for labor for the Weaver Boos personnel and unit and lump sum costs for the subcontractors who may be involved. The Proposed Scope of Work can be subdivided into four major tasks: Task 1— Site Characterization Task 2 — Preparation of Environmental Abatement Bid Specifications Task 3 — Environmental Response Services Task 4 — Project Management The Scope of Work for each of the tasks is presented below. 3.2 Task 1— Site Characterization Weaver Boos proposes the following sub -tasks to accomplish the goal of environmental characterization of the site prior to environmental abatement and building renovation activities: 1A.Review Exterior and Interior Activities completed by Wightman Petrie, Inc. and others; and, IB. Complete Limited Site Characterization where applicable. 3.23 Sub -Task 1A - Review Exterior and Interior Activities Completed by Wightman Petrie, Inc. and others Weaver Boos understands several environmental activities have been completed by WPI and others for the City as part of the overall redevelopment effort. Several of these activities (Phase I and II ESA) have been discussed in previous Sections of this proposal and the resultant reports have been reviewed to allow Weaver Boos to respond to the RFP. However, additional activities focusing on the characterization of the building materials have been or will be conducted. WerrverBoos Consultants, LLC 4085 Meghan Beeler Court South Bend, IN 46628 SOUITI HLND REDEVELOPMENT COMMISSION— IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services As part of this task, Weaver Boos will review the available environmental reports that document these additional activities. In addition, Weaver Boos will complete a comprehensive walk thru of the Site to confirm previous findings, Based on the information, Weaver Boos will determine if additional characterization and quantification efforts are required to address each environmental concern. Additional waste characterization investigations are discussed below in Section 3.2.2. The information provided in the reports, the comprehensive walk thru and any information generated by additional investigations will be used by Weaver Boos and incorporated in the environmental specifications for the environmental bid documents. 3.2.2 Sub -Task 1B— Complete Limited Site Characterization Weaver Boos anticipates that as part of the environmental contract, various waste materials will be removed and disposed of at the appropriate disposal facilities, in accordance with applicable federal, state, and local rules and regulations. To assess possible acceptable destinations for these materials and to allow each prospective bidder to obtain a removal, transportation and disposal cost, each waste material must be properly characterized through either visual inspection or laboratory testing. Further, Weaver Boos anticipates that as part of the renovation project, various materials may be recycled (i.e,, metal, concrete). Characterization of these materials may also be necessary. Weaver Boos lists the following potential waste streams or location of waste streams, as identified by WPI or Weaver Boos (based on our previous experience), that may be removed or replaced prior to or during renovation. The items denoted by an asterisk have been or may have been previously characterized by WPI or others. I. Asbestos *; 2. Lead -based Paint* 3. PCB Transformers *; 4. Mercury Switches; 5, Light Fixtures including ballast and bulbs; 6. Underground Storage Tanks; 7. Contents within any 55- gallon drums and any other unlabeled containers; S. Pit Liquid or Solid Contents; 9. Stained Concrete; 10. Buried Non - structural Fill/Waste Materials (solid, sludge, or liquid); Weaver Boos Consullamrts, LLC 10 4085 Meghau Bccier Court South Lend, IN 46629 SOUTR BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILTIY RENOVATION PROJECT Proposal for Environmental Services 11. Buried Concrete Debris, Foundations, and, 12. Impacted Soil surrounding or beneath possible point sources including USTs, catch basins, etc. The level of effort to characterize each waste stream depends on the number of locations and the possible volume of the waste stream. The level of effort also depends on the final plans for renovation which have not been made final. Weaver Boos understands that that the environmental abatement contractor may be primarily responsible for waste stream characterization and quantification and subsequently obtaining any permits necessary for removal, transportation, and possible disposal of the waste materials listed above. Waste profile samples may be collected via a hand auger, hand bailer, geoprobe, shovel, or by an acceptable alternative means. Samples wit] be submitted to a laboratory for analysis. The results of the analysis will be used to categorize by the contractor each waste stream (regulated, unregulated, hazardous, non - hazardous, etc). In lieu of preparing the environmental bid specifications, Weaver Boos proposes to complete a limited characterization of the following potential area of concern 1. PCB transformers Weaver Boos proposes to complete the project on a time and materials basis in accordance with our attached fee schedule, (Appendix E) and as stated on the attached rate sheet (Table 1). A series of three (3) discrete concrete cores (fully penetrating) will be advanced through the concrete floor for each transformer room. Additional cores may be warranted based on site observation. Each core or sample will be submitted to an independent laboratory and analyzed for PCBs. If PCBs are identified in the concrete, Weaver Boos will complete the required paperwork, supplement the environmental specifications, and oversee the PCB remediation. Once remediation has been completed as part of the overall abatement contract, closure samples will be collected and tested. Additional characterization measures maybe recommended once the buildings have been vacated including a mold assessment and screening stained concrete. Based on our present knowledge of the Site and experience with similar projects, an estimated cost to complete this sub -task is pwvided in Table 1. Each characterization will be included within the completed bid document along with the permissible treatment, storage, and /or disposal alternatives, This subtask will also include a walk -thru of both buildings once vacated by the Weaver Boas Cojrsuliaws, LLC South Send, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmeatal Services current occupants. Based on the results of the walk -thru addition characterization and/or testing may be recommended. A cost estimate for any additional characterization and /or testing is beyond the scope of this proposal and will only proceed with approval by the City. 3.3 Task 2 - Preparation of Environmental Abatement Speeifications Weaver Boos believes that the preparation of the environmental bid specifications for the project should be performance -based rather than a detailed specification that requires micromatragement by the oversight contractor or the City. A performance -based specification will present the minimum requirements that the contractor is expected to meet in renovation, offsite disposal of the material, and protection of underground utilities and offsite buildings, and will give the contractor the flexibility to use contractor's equipment and staff in the way that will produce the most cost effective bid for the City. Prior to preparing the specifications, some additional information must be gathered. The primary tasks that must be performed prior to preparing the specifications are: 2A. Obtain and/or review drawings that document the specifications of the existing buildings; 2B. Prepare Specifications. Each of these items is discussed in further detail below. 3.3.1 Sub -Task 2A - As -Built Drawing Review Weaver Boos intends to review existing drawings to the extent possible in the preparation of the environmental bid specifications. 3.3.2 Sub -Task 2B - Bid Plans and Specifications Based on the information discussed above and collected during Task 1, the environmental abatement bid specifications will be created. The specifications will be written in American Institute of Architect format or in a manner approved by the City. The bid specifications will include a timeline for remediation. Weaver Boos assumes that the City has a standard contract form that will be included in the bid package. Weaver Boos will work with the City's attorneys to modify the contract so that it addresses the issues unique to this project. One division of the contract will address labor Weaver 11008 Consultants, ZLC 12 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND RFDEVELOPMENF CONMSSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for FnAronmentai Services requirements such as disadvantage business hiring, a minima % of local hires for the prime contractor, and prevailing wage, Financial issues addressed in the contract will include bonding requirements, insurance requirements, payment terms, retainage, and liquidated damages. 3.4 Task 3 — Environmental Response Services Weaver Boos proposes the following sub -tasks to provide environmental response services during the course of the renovation: 3A. Provide 1- ):lour On -Call Site Consultation When Needed; 3B. Provide Observation Service Regarding the Removal of Point Sources, 3.4.1 Sub -Task 3A — Provide 1 -Haar On -Call Site Consultation When Needed As abatement/renovation begins, Weaver Boos anticipates that there will be several occasions, planned (project meetings, pre -bid meetings, preconstruction meetings, etc.) or otherwise, when environmental consultation will be required with the City and/or developer. The Weaver Boos Project Manager for environmental oversight proposes to be on on -call during the duration of the project and will respond to either the contractor, the City representative, or developer representative within approximately one hour. Weaver Boos will provide each site consultation at an hourly rate as indicated in Table 3. The City will not be charged for travel time. For estimation purposes, Weaver Boos assumes at a minimum, five hours every week during environmental abatement and two hours every week for building renovation will be devoted to providing on -call site consultation (excluding regular scheduled project meetings) including subsequent project management issues. Weaver Boos has been instructed that the entire renovation project, including preliminary planning and bid solicitation, could be completed in two years. Assuming the contracted environmental abatement takes approximately 6 months to complete and the remaining site renovation activities takes approximately 12 months for completion, approximately 234 hours of effort will be required to complete this task. For regularly scheduled consultations (project meetings, etc), we anticipate a bi- weekly project meeting being held that will typically last 2 hours. Over a period of 18 months, approximately 72 hours of effort will be required to complete this task. Weaver Boos Consultants, LLC 13 4085 Meghan Beeler Cow South Fend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION— IVY TOWER FACILITY RENOVATION PROTECT Proposal for Environmental Services 3.4.2 Sub -Task 3B — Provide Observation Services Regarding the Removal of Point Sources Weaver Boos anticipates that as part of the renovation, several known and unknown point sources of potential or existing contamination could be removed including contaminated soil, buried waste, unknown USTs or cisterns, etc. Weaver Boos anticipates that observation services will be required prior to and during the removal of these items. These services may include the completion of paperwork such as IDEM UST registration/notifieation forms, the collection of waste characterization samples, completing waste profile sheets, and obtaining the proper removal, transportation, and disposal permits for previously unidentified sources. Weaver Boos will be required to provide many of these services including assisting the contractor in determining what measures need to be taken. Our services will also be directed towards monitoring the actions of the contractor to assess that point sauces of contamination are being appropriately managed in accordance with federal, state, and local regulations as well as the contract with the City. Weaver Boos will provide this service at an hourly rate as indicated in Table 3. A general cost estimate for the duration of the project (18 months) is also provided for informational purposes. The City will not be charged for travel time. This task does not include any sampling or testing of soil samples or waste streams. 3.5 Task 4 –Demolition Project Management The following tasks describe the support services provided by Weaver Boos on an as- needed basis prior to and during the renovationlabatement activities. Weaver Boos proposes to perform the activities on a time and materials basis in accordance with our standard Fee Schedule (Appendix E). 3.5.1 Sub -Task 4A – Project Management Several meetings will occur between the City, Weaver Boos, and developer including, but not limited to: 1. A kick -off meeting at the start of the project; 2. Project design review meetings; 3. Meetings with various City Departments and developer representatives to coordinate aspects of the project; Weaver Boos Consallana. LLC 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environimnlal Services 4. Unexpected meetings dictated due to the construction activities; and, 5. Biweekly construction review meetings. It is anticipated that Mr. Ed Stefanek, the environmental Project Manager will attend the mcetings. Weaver Boos will provide this service on a time and materials basis in accordance with Weaver Boos Standard Fee Schedule included in Appendix E. An estimated cost for project management issues related to meetings for Mr. Stefanek has been incorporated into Sub - Task 3A. The City will not be charged for travel time. For the purposes of providing a cost estimate in Section 6.0, Weaver Boos has assumed twenty four meetings will occur during project duration which includes pre- renovation (6 months) and renovation phases (18 months). Project management during the environmental abatement phase of the project is included in the individual tasks described in Section 3.0. Weaver Boos will provide project management support during the environmental abatement and site renovation phases on a time and materials basis in accordance with Weaver Boos Standard Fee Schedule included in Appendix E. Monthly project management support (excluding biweekly construction meetings) required during the project is assumed to consist of: two hours for a Principal, 16 hours for a Senior Project Manager and 16 hours for a Project Manager, For the purposes of providing the cost estimate in Section 6.0 a project duration of 24 months is assumed (6 months for pre- abatement and renovation activities, 6 months for enviromnenW abatement activities and 12 months for building and site renovation activities). Weaver Bons Carnllllruts. LLC South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services 4.0 PROJECT TEAM 4.1 Organization Weaver Boos staff has the technical proficiency, experience and professionalism to successfully and cost effectively complete the overall project. Each project is managed by a Weaver Boos Principal, Senior Project Manager or Project Manager, who draws upon various core personnel, technical staff, subcontractors, and suppliers to form a project team. The individual members of the team are selected to provide each project with personnel whose background and experience are consistent with the project requirements. For the Project, we propose the team identified on the following page. Weaver Boas Consultants, LLC 16 4085 Meghan Heeler Court South Bend, IN 46629 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal far Environmental Services Proposed Project Organization Developer Project Owner South Send Redevelopment Commission Client Edward H Seefanek. Doaglas C. D,r,p,, Ir., LPO Senior Pmjec[ Manager Pi njx[I Piincip'll Michael Rymer, P.L.S. Psaject Surveyor Geopmbe Services Ocoplrysical Services (if Analytical Services we Subcoohacior rice cd) (if needed) Tcdmil al Staff [!(: officer Engineers Head I7rillrr �� Ueologisi Organics Geologists Tccluucian "1'ccMician brorganics Technicians Weaver Roos Consultants, LLC Graphic Arts South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services In our proposed organization illustrated above, Mr. Douglas Dorgan, L.P.G. will provide senior oversight and assure that the full resources of our company are available to serve the City. Mr. Dorgan is located in our Chicago office. Mr. Edward B. Stefanek, will serve as Senior Project Manager during the duration of the Project and environmental oversight professional. Mr. Stefanek will serve as the main contact for the Project and will be responsible for the day -to -day project operations and implementation. Both may be contacted at the South Bend office at: Weaver Boos Consultants, LLC Suite 1 4085 Meghan Beeler Court South Bend, Indiana 46625 Phone: (574) 271 -3447 Cell: (574) 302 -0614 (Edward Stefanek) Fax: (574) 271 -3343 EM12ii: es7efa1?e- &@IVecrverh00s.conz Instead of using the "who's available ?" approach to professional staffing, Weaver Boos professional staff will be selected and assigned to the project for its duration. A brief summary of qualifications for primary Weaver Boos personnel is provided below. For resumes of proposed project personnel, refer to Appendix A. A brief description of our project manager's qualifications is provided below. 4.2 Personnel Qualifications Douglas G. Dorgan, Jr., L.P.G. Mr. Dorgan serves as a Principal with Weaver Boos, He has more than 25 years of environmental consulting experience. During this time, Mr. Dorgan has been involved in all aspects of project implementation including the supervision of technical support staff in the compilation and presentation of information for regional and site - specific investigations. He has successfully completed numerous projects including multi-phase environmental site assessments, risk -based corrective action, hydrogeological investigations, groundwater impact assessments, remediation planning and implementation, multi-media compliance audits, UST closures, and solid waste management facility permitting. Mr. Dorgan has been responsible for "implementing the last several years of operations, maintenance, and monitoring at the Waste, Inc. closed Superfirnd landfill also located on Trail Creek in Michigan City, Indiana. He is currently the Project Manager for a VRP project at Ball- Foster located in Dunkirk, Indiana. Mr. Dorgan also Weaver Boos CousuBauts, LLC 18 4065 Meghan Beeler Court S ©Wh Bead, IN 46628 SOUTH REND REDEVELOPMENT COMMISSION— IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental services was retained by the Dunkirk Development Corporation to support the re- development of a large turn -of- the - century manufacturing facility. Prior to joining Weaver Boos, Mr. Dorgan was an Office Director for a national environmental consulting firm. Edward B. Stefanek Mr. Stefanek will oversee the preparation of the bid documents and environmental characterization of the site during the preliminary phase of the project and for any environmental issues that arise during the abatement/renovation phases of the project. Mr. Stefanek is a Project Manager with Weaver Boos and has more than 20 years of environmental project experience. During that time, Mr. Stefanek has been involved in all aspects of project implementation including technical and project management services. He has successfully completed numerous projects related to remedial site investigations and cleanups, Brownfield redevelopment, multi- phase environmental site assessments, geotechnical site investigations, wetland determinations and delineations, asbestos inspections, and underground storage tank removal, assessments, and closures. In addition, he has prepared several state - approved wellhead protection plans for several municipalities. In the process of preparing these wellhead protection plans, Mr. Stefanek facilitated public involvement through door -to -door and telephone interviews and surveys, in addition to a series of public meetings. Since 1993, Mr. Stefanek has performed several multi- phase environmental site assessments, asbestos inspections, remedial site investigations and cleanups, managed the redevelopment of abandoned Brownfields, and provided general environmental oversight services to Aldi, Incorporated at more than sixty locations in Michigan, Indiana, and northeast Illinois (Cook and Will Counties). These oversight services were provided before and during construction/demolition activities. Recently, Mr. Stefanek served as a project manager for Brownfield redevelopment projects for the City of South Bend (AJW Distribution Warehouse, Studebaker Area A Demolition Phases I and III) and the City of Elkhart (Indiana Avenue Railroad Underpass), The City of Elkhart Project included Phase I and II ESAs of tbree former gasoline filling stations. Prior to joining Weaver Boos, Mr. Stefanek was a Project Manager for a regional environmental consulting firm located in Michigan. 4.3 Proposed Subcontractors Weaver Boos anticipates subcontracting selected portions of the work to the following firms who will provide analytical services; Microbac Laboratories Weaver,Bow Cowrsuhaws, UC 4085 Me&- ii Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT comwSSION —IVY TOWER FACILITY RENOVATIONPRDIECT ProDoNt for Environmental Services 250 W. 84m Street Merrillville, Indiana 46410 Phone: (219) 769 -8378 Pace Analytical Services, Inc. 7726 Moller Road Indianapolis, Indiana 46268 Phone: 317 -318 -5150 Fax: 317 - 872.6189 Test America 2400 Cumberland Drive Valparaiso, IN 46383 Tel. 219.465.4583 Fax: 219.462.2953 ACM Environmental and Engineering Services 26598 US 20 West South Bend, Indiana 46628 Phone: 574-214-8435 Fax: 574-234-600 Amereco Engineering 204 K Jefferson Street Valparaiso, Indiana 46383 Phone: 219,531.0531 Fax: 219.464.0464 Weaver Boas Consultants, LLC 20 4085 Meghan Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services 5.0 CORPORATE PROFILE AND EXPERIENCE Weaver Boos believes that our qualifications and experience allow us to effectively achieve the objectives for this project. Weaver Boos is located and staffed to serve the City of South Bend on a local basis. If selected, we will implement this project primarily using our professional and technical staff based in our South Bend, Indiana office (4085 Mcghan Beeler Court). Our local staff is not only geographically well positioned, but includes a staff with many years of engineering and environmental consulting experience in northern Indiana. Based upon our understanding of the City's goals and objectives for this project, we envision that the selected consultant will possess a unique combination of experience and qualifications. Specifically, we believe that this project will require an extensive understanding of the various regulatory and environmental requirements including knowledge of the air quality, UST, and LUST regulations, and state Brownfield programs such as the Voluntary Remediation Program (VRP), OSHA requirements, experience with environmental assessment of sites during demolition/renovation projects where significant data may not be readily available, experience working closely with IDEM and the USEPA; and experience working with potential developers who may be expected to make use of the Site. Further, the consultant should possess experience working cooperatively with entities including other consultants and contractors. Weaver Boos and the assigned project personnel have considerable experience in providing the services sought by the City. Our project experience is highlighted in Appendix B. Recognizing our capabilities as a leading provider of environmental and engineering services, Weaver Boos was selected by IDEM in 2002 to provide a wide range of professional services for the State of Indiana. Considering the proposals we submitted, as well as the history of our work in the private and municipal sectors, IDEM established Master Service Agreements with us to provide Remediation Services, Geology Evaluation Services, Engineering Services, and Landfill Services. As one of the Midwest's leading environmental consultants, Weaver Boos is qualified to provide the services requested by the City of South Bend. We are experienced in the engineering and environmental investigation, characterization, remediattion, and re- development of numerous Brownfield properties. As shown in Appendix B to this proposal, Weaver Boos has provided diversified development services at numerous similar properties located in Indiana, Illinois, and Michigan. Also, a brief list of references that testify to Weaver Boos' strength is included as shown in Appendix C. Weaver Bans Caasulfaws, LLC South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVATION PROMM' Proposal for Environmental Services In addition to our general qualifications, we believe that our experience on a number of specific projects is relevant to the project. These projects include the following: • AJW Distribution Center (South Bend, Indiana) — Weaver Boos was retained by the City of South Bend to complete a Phase I and II ESA and preliminary Geotechnical Exploration Program of a 90 -acre Brownfield (comprised of several land parcels owned by seven separate entities) to meet the requirements of a potential developer (AJW South Bend Realty Corporation, a subsidiary of the TJX Companies). During the project, we worked closely with the several existing Site owners in addition to other entities involved with the Project to meet the short time frame allowed for the completion of the project. After AJW South Bend Realty Corporation agreed to purchase the Brownfield and construct their proposed distribution center, Weaver Boos was retained by the City of South Bend to provide monitoring oversight and additional services associated with the redevelopment of the Brownfield. This oversight included the removal of several USTs, hydraulic lifts, drywells, and impacted soil all in accordance with state regulations and guidance. Weaver Boos has also been retained by both the City of South Bend and AJW South Bend Realty Corporation, who recently completed construction of the distribution center, to secure a Certificate of Completion (COC) from the VRP for the AJW Site. VRP work is ongoing but will include all element of the VRP Program. • Former Studebaker Stamping Plant, South Bend Lathe, and Underground Pipe and Valve Demolitions (South Bend, Indiana) — Weaver Boos was retained by the City of South Bend to complete environmental bid specifications and to provide environmental oversight during the demolition of a multi - building complex that formerly was used for automotive assembly and manufacturing. Additional tasks included the completion of a geophysical survey, limited building material characterization, and comprehensive soil and material sampling. • Salvation Army Kroc Community Center (South Bend, Indiana) — Weaver Boos was retained by the Salvation Army to provide environmental oversight services during the redevelopment of a former park, once occupied by a gasoline filling station and several dry cleaning facilities, into an athletic and recreational complex, Additional tasks included the removal of several USTs and buried debris. • Aldi Supermarkets (Illinois, Indiana, Michigan) —Weaver Boos is currently engaged in or has completed site assessment and development services (including environmental oversight during construction/demolition) allowing Aldi to develop new stores in Illinois, Weaver Boat Cansulla ws, L C South Hand, IN 46628 SOU ill 13END REDEVELOPMENT COMMISSION — IVY TOWER PACILTTY RENOVATION PROJECT Proposal for Environmental Services Indiana, and Michigan. Many of the properties were contaminated by historic industrial and/or commercial operations and contained vacated dilapidated buildings. • Electromotive Plant (McCook, Illinois)- Weaver Boos personnel conducted a pre- demolition survey at this industrial complex that manufactured diesel locomotives for the railroad industry. Services provided included; exterior surveys of the various buildings of the industrial complex, boundary surveys and easements. An interior survey of the building was performed to help demolition crews map the interior load bearing walls and quantify the materials for removal. The interior survey also included mapping of all drainage structures and collection pits within the floor slab. At the completion of the demolition activities, legal descriptions for environmentally deed restricted areas, as well as vacation plats for easements no longer necessary were prepared. The final product was a series of subdivision plats to divide portions of the property into other commercial real estate and provided surveying support and engineering services for the development of each parcel. • Wm. Wrigley Jr. Company Global Technological Innovation Center (Chicago, Illinois) - Weaver Boos has assisted Wm. Wrigley Jr. Company (Wrigley) in the due diligence assessment and remediation planning and implementation for this abandoned turn of the century industrial facility. The site has been enrolled in the Illinois Site Remediation Program for purposes of obtaining a No Further Remediation Letter. In evaluating environmental response options, a creative remedial strategy was developed allowing for creation of a Soil Management Zone pursuant to Illinois Environmental Protection Agency (IE,PA) regulations. This remedial strategy resulted in considerable project savings improving the overall financial viability of the redevelopment. The plan was approved on a fast track basis through effective communications with IEPA personnel and submittal of comprehensive SRP documents. Weaver Boos is providing ongoing oversight of remedial activities and addressing unknown conditions as they are discovered during demolition and mass site regarding activities • Indiana Avenue Underpass Project (Elkhart, Indiana) -- Weaver Boos was retained by the City of Elkhart to complete a Phase I and 11 ESA for two former gasoline filling stations near the intersection of the Norfolk- Southern Railroad and Indiana Avenue prior to the City of Elkhart acquiring the properties and subsequently beginning construction of a railroad underpass for Indiana Avenue. Additional preliminary environmental assessment activities were conducted for a third former gasoline filling station located nearby. A geophysical survey was completed for one of the facilities to determine the number of UST possibly present and to identify the location of the former USTs that Weaver Boos Consultants, LLC 23 4085 Meghaa Beeler Court South Bend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION — IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services were removed several years ago. The results of the survey guided the scope of the subsequent Phase II ESA. • Ball- Foster (Dunkirk, Indiana) — Weaver Boos secured a Certificate of Completion (COC) from the VRP for a large turn-of- the - century industrial facility formerly used to manufacture glass containers. Our work included all elements of the VRP program, including remediation of impacted portions of the Site. During this project, we worked closely with the Dunkirk Industrial Re- Development Commission to re- develop the Site. • Bivona, Inc. (Gary, Indiana) — Weaver Boos was retained to investigate, characterize, and remediate groundwater contamination in accordance with VRP program requirements. IDEM approved our Phase II Investigation Work Plan in 2000 with no modifications. Remediation was completed in 2002 and IDEM issued a COC and Covenant Not to Sue (CNS) in 2003. r West Point Plaza Industrial Park (Hammond, Indiana) — Senior staff at Weaver Boos were retained by the Northwest Indiana Brownfield Redevelopment Project, Inc. to conduct a VRP Phase II Investigation and to prepare a Remediation Work Plan for the West Point Plaza Industrial Park located in the City of Hammond, Indiana. Senior staff at Weaver Boos worked closely with the USEPA Project Coordinator to successfully obtain a COC and CNS under the VRP and to support the re- development of this Brownfield. Heaver ,Boas Consnllatts, LLC South Hend, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILITY RENOVA770N PROJECT PrODOW for Environmental services 6.0 BUSINESS PROPOSAL 6.1 Schedule Weaver Boos anticipates that Tasks 1 and 2 can tentatively be completed within 3-4 months after authorization. The completion of Tasks 3 and 4 are dictated by the contractor's schedule. Weaver Boos understands that the City anticipates initially that the project including preliminary planning, bid solicitation and renovation will be complete within 24 months. The tentative schedule for Tasks 1 and 2 in the Scope of Work is provided based on known site conditions, site documentation that has been reviewed, and Weaver Boos experience on similar projects and is presented below; 6.1.1 Task 1— Limited Site Characterization The duration of this task is expected to take six weeks to complete and is comprised of the following subtasks: 1. Sub -Task ]A-Review Exterior and Interior Activities Completed by WPl and others. Sub -Task IA is expected to require two weeks to complete. 2. Sub -Task 1B- Limited Site Characterization. Sub -Task 1B will begin immediately or as dictated by the City and is expected to require approximately six weeks to be completed. Note, prior to completing the screening of the transformer room concrete floor, the transformers (where present) need to be first removed or drained for safety precautions. 6.1.1 Task 2 —Environmental Bid Specification Preparation The duration of this task is expected to take eight weeks to complete and is comprised of the following subtasks: 1. Sub -Task 2A -As -Built Drawing Review. Sub -Task 2A is expected to requite two weeks to complete. Sub -Task 2A will be performed concurrently with Task 1, 2. Sub -Task 2B -Bid Plans and Specifications. A draft copy of the environmental bid specifications will be submitted for the City to review six weeks after the completion of Task 1 and Sub -Tasks 2A. The final copy of the environmental bid specifications will be submitted to the City two weeks after receiving comments from the City. Weaver ifoos Consultants, LLC 25 4085 Meghan Beeler Court South Send, IN 46628 SOUTH BEND REDEVELOPMENT COMMISSION --IVY TOWER FACILITY RENOVATION PROJECT Proposal for Environmental Services 6.2 Insurance Coverage As required in the RFP, attached in Appendix D are certificates of insurance listing our current comprehensive general liability, automobile, workman's compensation, pollution liability, and professional insurance for errors and omissions. 6.3 Cost Esiimate Weaver Boos proposes to perform the work as outlined in Tasks 1 through 4 on a time and material basis in accordance with our fee schedule included in Appendix E. Based on our understanding of the City's objectives, our knowledge of the Site, and the Scope of Work outlined herein, we estimate the work can be completed for budgets summarized below: Task/Item Estimated Cost Limited Site Characterization $ 8,826.00 Environmental Bid Specification Preparation $ 26,882.00 Environnawtal Response Services $ 53,332.00 Project Management $ 109,680.00 TOTAL CONTRACT $ 198,720.00 Tables 1 -4 itemize our cost estimate for Tasks 1 -4. Task 4 is primarily dictated by the contractor, however, an estimated cost is provided. Our complete fee schedule is provided as Appendix E. Table l itemizes our estimated cost for a limited site categorization, an environmental service. Table 2 itemizes our cost estimate for the engineering services as it relates to the preparation of a bid document. The attached Table 3 itemizes our cost estimate for providing environmental response services during the actual abatement and renovation phases of the Project. Table 4 itemizes our cost estimate for project management. Our complete fee schedule is provided as Appendix E. Weaver Boos Consultants, LLC 26 4085 Megban Beeler CUUrt South Bend, IN 46629 SOUM BEND REDEVELOPMENT COMMISSION —IVY TOWER FACILTIY RENOVATION PROJECT Proposal for Environmental Services As requested in the RFP, the method of billing regarding travel time to and from the Project site will be as follows. The City will not be charged (either time or mileage) for travel to the Project Site that may be completed by Weaver Boos personnel. The estimated cost and proposed Scope of Work are based on information available to Weaver Boos at this time. Weaver Boos will not exceed these costs without prior authorization. The City will be invoiced on a unit -rate basis only for the work actually performed. If conditions change, work extends beyond the scheduled completion date, unforeseen circumstances are encountered, or work efforts are redirected by the contractor, the City of South Bend or its representatives based on the conditions encountered, our cost estimate may require modification. For projects of this nature, we have found that investigation and reporting iequircrnents, revisions to draft deliverables, and work scopes are sensitive to project objectives and the preferences of individual reviewers. As a result, our estimates do not provide for extensive revisions of deliverables for content, approach, or style. 6.4 Authorization If this proposal meets the objectives of the City of South Bend, please indicate authorization to proceed by signing the attached Proposal Acceptance Sheet and return one complete copy of this proposal to us for our files. We propose that the outlined work will be performed in accordance with the General Terms and Conditions that are presented in Appendix F and herein incorporated by reference, The General Terms and Conditions are submitted in a format similar to past terms and conditions provided to the City for past projects (AJW Distribution Warehouse). Any modification to this proposal or the attached General Terms and Conditions must be accepted by both parties. Weaver Boo$ Calrs"Itar/ /s, LLC: 27 4085 iv eghan $eeter Coult South Bend, IN 46628 TABLE I Itemized Cost Estimate - Task I LIMITED SITE CHARACTERIZATION Ivy Tower Facility Renovation Project South Bend, Indiana Category Rate* Unit Task 1A Task IB Total Hours Total Cost Principal $175 hr. Coring Services 0 0 $0 Sr. Project Manager $134 hr. 16 16 32 $4,288 Project Manager $113 hr. $500 0 0 $0 Project Engineer /Scientist $98 hr. $98 ea. 0 $0 Staff EngdSci.lTeclmologist. $88 hr. 8 16 24 $2,112 Survey Party Chief $85 hr. 0 $0 Sr. Engineering Technician $57 hr. 0 $0 EngineeringlSurvey Technician $52 hr, 8 8 $416 CAD $77 hr. 0 $0 Admin Support/Technician $52 hr. 2 2 $104 Total Hours 24 42 66 Total Labor Cost $2,848 $4,072 $0 $6,920 SUBCONTRACTOR EXPENSES REIMB URSEABLE EXPENSES Total Total Category Rate* Unit Task IA Task 1B Units Cost Coring Services 0 Photoionization Detector $100 $0 Mobilization $115 Ls. 2 2 $230 Materials $250 day 2 2 $500 Analytical Services $0 $0 $0 PCSs $98 ea. 12 12 $1,176 Total Subcontractor Expenses $0 $1,906 $1,906 REIMB URSEABLE EXPENSES TASK TOTALS $2,848 $5,978 $8,826 Sub -Task Descriptions: IA - Review Activities Completed by OtherslWalk -Thra 113 - Complete Limited Site Charaetelization 4 Represents average billing rate by laborcalagovy. Actual rate will be billed in accordance with fee sohedrde. Total Cateeg Rate Unit Task t Task 2 Units Mileage $0.45 mi. 0 Photoionization Detector $100 day 0 Misc. Supplies $1 ea. 0 Misc. Expenses $1 ea. 0 Tctal Reimbutseable Expenses $0 $0 TASK TOTALS $2,848 $5,978 $8,826 Sub -Task Descriptions: IA - Review Activities Completed by OtherslWalk -Thra 113 - Complete Limited Site Charaetelization 4 Represents average billing rate by laborcalagovy. Actual rate will be billed in accordance with fee sohedrde. TABLE 2 Itemized Cost Estimate - Task 2 BID DOCUMENT PREPARATION Ivy Tower Facility Renovation Project South Bend, Indiana Total Total Category Rate* Unit "Task 2A T8sk 2B Hours Cost Principal $175 hr. 8 8 $1,400 Sr. Project Manager $134 hr. 20 I20 140 $18,760 ProjectManager $113 hr. 0 0 $0 Project Enginw/Scientist $98 hr. 0 $0 Staff Eng./Sci.lTechnologist. $88 hr. 20 20 $1,760 Survey Parry Chief $88 hr, 0 $0 Sr. Engineering Technician $57 hr. 0 $0 Engineering Technician $52 hr. 0 $0 CAD $77 hr. 40 40 $3,080 Admin Support $52 hr. 16 16 $832 Totat ]lours 20 204 224 Total Labor Cost $2,680 $23,152 $25,832 REIMBURSABLE EXPENSES Total Total Category Rate Unit Task 2A Task 2E Units Cost Mileage $0.45 nii. $0 Photoionization Detector $100 day 0 $0 Misc. Supplies $1 ea. 50 Misc. Expenses $1 ea. 1000 1050 $1,050 0 $0 Total Reimbursable Expenses $50 $1,000 $1,050 TASK TOTAVS $2,730 $24,152 $26,882 Task Descriptions, 2A -As Built Drawing Review 2B - Bid Plans and Specifications a Represents average billing rate by labor categoey. Actual Me will W billed in accordance with fee schedule. TABLES Itemized Cost Estimate - Task 3 ENVIRONMENTAL RESPONSE SERVICES Ivy Tower Facility Renovation Project South Rend, Indiana Total Labor Cost $41,704 $11,628 $53,332 $53,332 SUBCONTRACTOR EXPENSES Total Total Total Total Category Rate" Unit Task 3A Task3B Units Cost Units" Cost** Analytical Services Total Total Total Total Category Rate* Unit Task 3A Task 3B Hours Cost Hours" Cost ** Principal $175 hr. 4 4 8 $I,400 8 $1,400 Sr. Project Manager $134 hr. 306 So 386 $51,724 386 $51,724 Project Manager $113 hr. 0 $0 0 $0 Project Engineer/Scientist $98 hr. 0 $0 0 $0 StaffEng.lSci.trechnologist, $88 hr. 0 $0 0 $0 Survey Party Chief $88 hr. 0 $0 0 $0 Sr. Engineering Technician $57 hr. 0 $o 0 $0 Engineering/SurveyTechnician $52 hr. 0 0 $0 0 $0 CAD $77 hr. 0 0 $0 0 $0 Admin SupporOTechnician $52 hr. 4 4 $208 4 $208 Total Flours $550 14 1[1 RR 702 $0 ana $0 Total Labor Cost $41,704 $11,628 $53,332 $53,332 SUBCONTRACTOR EXPENSES Total Total Total Total Category Rate" Unit Task 3A Task3B Units Cost Units" Cost** Analytical Services VOC, 826013 $126 ea. 0 $0 0 $0 SVOC,8270C $216 ea. 0 $0 0 $0 PCBs8082 $82 ea. 0 $0 0 $0 8 RCRA Metals $99 ea. 0 $0 0 $0 BTEX +MTBE 802018260 $66 ea. 0 $0 0 $o TPH (GRO +DRO) $45 ea. 0 $0 0 $0 Lead $28 ea. 0 $0 0 $0 Waste Proille Flashpoint $37 0 0 $0 0 $0 PH $8 0 0 $0 0 $0 SOX $70 0 0 $0 0 $0 TCLP (metals, VOCs, SVOCs, $550 0 0 $0 0 $0 Reactive CN $30 0 0 $0 0 $0 Reactive Sulfide $30 0 0 $0 0 $0 Pesticides $75 0 0 $0 0 $0 Herbicides $170 0 0 $0 0 $0 Paint Filter $10 0 0 $0 0 $0 TASK Sub -Task Descriptions, 3A - Provide On -Call Service Consultation, When Needed 3B - Provide Oversight Services Regarding Removal of Point Sources Represeals averngc billing We by labor cgtaguiy. Aclaal rate will be billed in accordance with fee schedule. $0 TABLE 4 Itemized Cost Estimate - Task 4 Project Management Ivy Tower Facility Renovation Project South Bead, Indiana. Total Total Category Rate* Unit Task 4A Hours Cost Principal $175 hr_ 48 48 $8,400 Sr. Project Manager $134 hr. 432 432 $57,888 Project Manager $113 hr, 384 384 $43,392 Project Engineer /Scientist $98 hr. $1 0 $0 Staff Eug,/Sci./Technologist. $88 hr. $0 0 $0 Survey Party Chief $88 hr, 0 $0 Sr. Engineering Technician $57 hr. 0 $0 Engineering Technician $52 hr. 0 $0 CAD $77 hr. 0 $0 Admin Support $52 hr, 0 $0 Total Hours 864 864 Total Labor Cost $109,680 $109,680 RELMMRURSASLE EXPF..NSM TASK TOTALS $109,680 $109,680 Task Descriptions: 4A - Project Management 0 Represents average billing rate by labor category. Actual tare will be billed in accordance with fee schedule. Total Total Category Rate Unit Task2A Units Cost Mileage $0.45 mi. $0 Photoionization Detector $100 day 0 $0 Misc. Supplies $1 on. 0 $0 Misc. Ex ones $1 ea. 0 $0 Total Reimbursable Expenses $0 $0 TASK TOTALS $109,680 $109,680 Task Descriptions: 4A - Project Management 0 Represents average billing rate by labor category. Actual tare will be billed in accordance with fee schedule. EDWARD B. STEFANEK SR. Project Manager / Environmental Scientist Fields of Expertise Phase I and li Environmental Site Assessments, Remedial Site Investigations and Oversight, Asbestos Inspection/Survey, Underground Tank Removals and Site Assessments, Wetland Determinations and Delineations, Geotechnical Site Investigations, Wellhead Protection Plans, State Cleanup Investigations and Closure, Michigan Baseline Environmental Assessments, and Michigan Section 7a Compliance Analyses Certification State of Michigan Licensed Asbestos Inspector State of Michigan Construction Certified Stormwater Inspector Education Master ofEnviromnental Science, Miami University, 1993 Bachelor of Arts, Hiram College, 1989, Biological Science Major Professional Summary Mr. Stefanek serves as Senior Project Manger with Weaver Boos Consultants, LLC. He has over twenty years of environmental project experience, During that time, Mr. Stefanek has been involved in all aspects of project implementation including technical and /or project management services. Hr has successfully completed numerous projects related to remedial site investigations and oversight, multi- phase environmental site assessments, asbestos inspection, geotechnical site investigations, wetland determinations and delineations, and underground storage lank removal, assessments, and closures. In addition, he has prepared several state - approved wellhead protection plans for several municipalities. Prior to joining Weaver Boos, Mr. Stefanek served as a Project Manager for a Michigan -based regional environmental consulting firm. IMbgmaes=mhSwdh I nds SMranekdo Select Project Experience Mr. Stefanek has been responsible for managing the environmental compliance aspects of thirty leaking underground storage tank sites. He was responsible for conducting the work necessary to remove the tanks and, in the case of contamination, characterize and delineate the extent of contamination, perform feasibility analyses, and recommend a corrective action. The implementation of risk -based corrective action was implemented at many sites to achieve closure or compliance. Mr. Stefanek has provided environmental oversight expertise in the demolition of several former heavy industrial manufacturing buildings originally occupied by an automotive manufacturer. This expertise included the preparation of environmental bid documents. On behalf of a major food retail chain,1vfi% Stefanek has been responsible since 1993 for the performance of several multi phase environmental site assessments and geotechnical soils investigations for several properties located in Michigan, Ohio, Indiaaa, and Illinois including a proposed distribution warehouse near Lansing, Michigan, Services included environmental remediation oversight (removal of underground storage tanks, asbestos, impacted soil, etc.) at several locations that were formerly occupied by commercial /manufacturing buildings which were demolished. Mr. Stefanek also was responsible for the implementation and completion of a hydrogeologic study in Jackson, Michigan. The study was completed as part of a proposed landfill expansion for an owner of a Type III landfill. In addition, Mr. Stefanek was also responsible for completing several other activities necessary to acquire a construction permit from the State of Michigan for the landfill. These activities included the completion of an endangered/throatened species survey, wetland delineation /mitigation, and the preparation of a hydrogeologic monitoring plan. i EDWARD B. STEFANEK SR. Project Manager/ )Environmental Scientist In addition, Mr. Stefanek has conducted numerous Baseline Environmental Assessments and Section 7a Compliance Analyses in the State of Michigan. These activities were conducted on behalf of a prospective buyer who desired property that was known to be contaminated but did not want the liability often associated with being an owner of such a site. Mr. Stefanek has also conducted similar brownfield assessments in Indiana and Illinois. Mr. Stefanek has completed wellhead protection plans for several communities located in the State of Michigan. As part of the wellhead protection platy a protection zone swrounding the public water supply well was delineated, This delineation was accomplished by performing an aquifer analysis test at the wellhead and then using the results to model the groundwater flow beneath the wellhead. A ten - year time -of- travel (TOT) zone was delineated using a state - approved analytical or numerical model. A contaminant source inventory was then completed within the TOT zone, otherwise known as the wellhead protection area. Management alternatives were then recommended including education and regulatory strategies. A contingency plan was then prepared in the event of the drinking water were to be at risk. While interning for the Texas Water Commission in Austin, Texas, Mr. Stefanek doveloped a comprehensive gtrnmd water protection plan for the Edwards Aquifer. One of the objectives of the plan was to recommend alternatives for local governments region wide to protect their drinking water supplies. X.N%%wftvwN5wth OCHMSkl n"UO Publications "A Comprehensive Aquifer Protection Strategy for the Edwards Aquifer, "Miami University, May 1993 "Conducting the Contaminant Source Inventory, " presented at the 3d Annual Michigan Groundwater Protection Conference, November, I999 Professional Affiliations National Groundwater Association STEVEN M. STANFORD, LPG Senior Project Manager Fields of Expertise Hydrogeology, Groundwater Modeling, Dewatering System Design, Environmental Geology, Risk Assessment, Risk Based Corrective Action, Organic and Inorganic Environmental Chemistry, Site Characterization, Remedial Action Design and lmplementation, and RCRA Permitting. Certification Licensed Professlonal Geologist: Indiana & Illinois OSHA Hazwoper Health & Safety Training OSHA Supervisor's Health & Safety Training UST Decommissioning: IPCI UST Professional: Michigan UST Decommissioning: Indiana Education B.S. Geology, Indiana University, 1985. M.S. Hydrogeology & Environmental Chemistry, Purdue University, 1998. Modeling Pollutant Movement In Groundwater, 40 hr Continuing Education, U. of Wisconsin, 1986. Risk -Based Corrective Action Applied at Petroleum Release Sites, 16 hr Continuing Education, American Society of Testing and Materials (ASTM), 2001. Professional Summary W. Stanford is a Senior Project Manager with Weaver Boos Consultants. Working as a consultant to industry for 22 years, Mr. Stanford has completed all phases of facility and hydrogeologic site characterization, water well design, the pumping and treatment of groundwater, risk assessment, and renediation, successfully closing and/or permitting numerous TSD, UST, LUST, M, and SRP facilities. Prior to joining Weaver Boos Consultants, Mr. Stanford worked for two nationally recognized environmental firms and co -owned a successful environmental consulting firm for five years, He has enjoyed success in dewatering system design, remedial design, implementation, and the subsequent closure of many significantly impacted facilities using state -of -the art remediation technology. Select Project Experience Mr. Stanford designed a groundwater interceptor system at a closed Illinois solid waste disposal facility that that performed in accordance with its design parametem. The system included a barrier wall and interceptor french system arranged to utilize a naturally occurring sand layer as a landfill under - drain. The subsurface hydraulics of the system were designed using the USGS MODFLOW groundwater flow model. Numerous groundwater dewatering and drainage systems have been evaluated, designed, and consfneted by kvir. Stanford based on fundamental hydrogeologic principles such as Daroy's law, the Theint equation, and the Theis equation. He has conducted numerous aquifer pumping tests to predict groundwater drawdown, groundwater yield, and to measure hydraulic conductivity, transmissivity, and groundwater flow velocity. Mr. Stanford served as technical coordinator for a sudden release of 130,000 gallons of chromate - containing emergency cooling water at an integrated steel mill, He designed and supervised the installation of a well point dewatering system to recover and treat chromated cooling water within 48 hours of the release. Renegotiated termination of the work and closure of the incident with IDEM Office of Environmental Response only 10 days after the work began. . Stanford was principally responsible for the imgcological assessment and Groundwater Impact sessment (GIA) relative to the proposed expansion three Illinois solid waste disposal facilities. His rk, including expert testimony, contributed to the cessfid siting of a proposed 200 -acre landfill expansion, The GIAs prepared by Mr. Stanford utilize groundwater flow models incorporating statistical evaluation of environmental data and other modeling input parameters, literature reviews identifying phystoo- chemical characteristics for chemically similar groupings of leactiate constituents, multi- group surrogate modeling with separate sensitivity analyses, and in select instances, multiple conceptual models utilized to separately assess migration from the bottom and side slopes of die landfill liner STEVEN M. STANFORD, LPG Senior Project Manager system. He is versed in the evaluation of advection, dispersion, and diffusive contaminant migration mechanisms and is familiar with the most recent research on diffusion transport through clay and high density polyethylene. Based largely on the Johnson & Ettinger vapor intrusion model as published by EPA in 2003, Mr. Stanford completed a quantitative baseline risk assessment supporting the completion of RCRA corrective action for organic solvents released to soil and groundwater beneath an historical manufacturing facility. His work included quantification of risks resulting from ingestion, inhalation, and dermal contact with soil and groundwater consistent with Risk Assessment Guidance for Superfand (RAGS) Parts A, B, and E. To close an Indiana Voluntary Remediation Program site, Mr. Stanford prepared a baseline human health risk assessments in accordance with RAGS and ASTM Risk Based Corrective Action technical protocols. His resulting risk assessment allowed successful completion of the remediation based on one of the highest site- specific closure levels approved in Indiana for benzene. Mr. Stanford has assessed numerous contaminated sites in accordance with ASTM and state - specific risk -based corrective action protocols. This work has included the development of Tier IT and Tier Ill remediation objectives in accordance with Illinois' TACO program and Indiana's RISC non -rule policy. These efforts have included digital and analytical modeling of a variety of exposure pathways including volatilization of VOCs to ambient and indoor air, ingestion, inhalation, and dermal absorption. Mr. Stanford completed and subsequently obtained approval from IEPA for a supplemental permit application specifying a groundwater quality assessment at a closed illinnis Part 307 facility, The assessment plan incorporated electromagnetic conductivity geophysical methods to aid in the selection of monitoring well locations. On behalf of a North American railroad company, Mr. Stanford investigated a 96 -acre rail yard located in Bensenville, Illinois, He enrolled the facility into Illinois' Site Remediation Program and his Site investigationMemedial Objectives Report was 2 approved. As a consequence, no remediation was found to be necessary for approximately 90 acres of the yard, despite the presence of numerous recognized environmental conditions. On the balance of the site, he installed a vacuum- skimming remediation system that is currently extracting diesel fuel free product from a shallow aquifer. Mr. Stanford reviewed the proceedings of s Region 5 Superfund Site contaminated by four principal PRPs to develop an equitable allocation of response costs among the PRPs. Boiling point distributions and statistical analyses of site contaminant data were used to identify the contributions of one recalcitrant PRP. His resulting method of allocation utili7.cd the concepts of causality and the stand -atone method of common cost allocation. MT. Stanford Investigated and prepared a closure plan for a solvent- recovery TSD facility that was part of a larger NPL site. His closure plan addressed storage (tank) and treatment (vacunin stills) units. He secured IO &M approval, taking advantage of the facility's NPL status to successfully defer subsurface remediation, and implemented closure through successful final certification. Mr. Stanford investigated and prepared plans for a multi -year' TSWSuperfund site closure located in EPA Region 7. He was responsible for all sampling and geological/ hydrogeological characterization of the site and a coauthor of closure documents describing an P.xpedited Response Action whereby the site was re- graded, capped, and finally covered with a new abutment for a U.S. Highway extended over both the site and the Mississippi River. Mr. Stanford designed, specified, procured equipment, and installed an air sparginglsoil vapor extraction remediation systems for the town of Chesterton, Indiana. This project included 40 air injection wells, four soil vapor extraction wells, process control design and installation, operations, and maintenance. He directed, supervised, and completed all consiraction activities. After three years of operation, 1,600 pounds of gasoline were recovered as vapor and groundwater BTEX concentrations were either eliminated or reduced by over 95 percent in all monitoring wells. STEVEN M. STANFORD, LPG Senior Project Manager At an MOP site located in Springfield, Illinois, Mr. Stanford developed a conceptual remediation plan specifying 600 linear feet of groundwater interceptor trench, excavation and stabilization of tar wastes using lime, installation of a state -of- the -art underground tank fuel system, and capping of a facility impacted with gas manufacturing residue. He managed the project through final design, secured ]EPA approval, and oversaw construction of the remedy. This project included an extensive ambient air monitoring program utilizing more than a dozen OVAs and four air sampling stations. Mr. Stanford investigated and planned the remediation of a former automotive service station under Indiana's VRP. His approach included an aggressive form of in -situ air sparging coupled with vapor recovery and thermal catalytic oxidation of exhaust vapors. Within 90 days, BTEX concentrations were either eliminated or reduced by more than 95 percent in all affected monitoring wells. He subsequently obtained a covenant- not -to -sue, signed by the Governor of the State of Indiana, and provided technical support to counsel resulting in the recovery of more than $360,000 from the responsible party. For his LUST facility clients, Mr•. Stanford has implemented corrective action and recovered more than $500,000 in associated costs from the Indiana ELTF. Publications `Determination oftheNatural Organic Carbon Fraction of Contaminatedsoiis", 2004, presented at he 2004 Midwestern States Risk Symposium, Indianapolis, Indiana, Cc- author °Field and Navmer,ieal Analysis ofin -Situ Air Spaiging A Case Sludll', 2000, Journal of Hazardous Materials, Vol. 72 p. 217 -236. "Physical and Biological Ef'ecis ofin -lni dir Surging of Groundwater Contaminated with Organic Chemicals", 1998, Master's Thesis, Department of Earth and Atmospheric Science, Purdue University. Contributing author: "In Paace Pr•eeipiration Immobilization ofLaod at Uncontrolled Hazardous Waste Stites ", 1987, presented at the Tenth Annual Madison Waste Conference, University of Wisconsin at Madison. Selected Professional Reports "Description of the Hydrogeology, Rochelle Municipal Landfill, Proposed Faparuion ", 2002, submitted to the City of Rochelle, Illinois. "Cj)'oarndwater•ImpacfAssessmenl, Rochelle Municipal Landfill, Proposed&pansion ", 2002, submitted to City of Rochelle, Illinois. "Groundwater Impact Assessment, Southern Illinois Regional LandfKll, ProposedExpansian ",2002, submitted to IEPA. "Groundwater Impact Assessment, Proposed Atkinson Landfill", 2002, submitted to and approved by IEPA. "Baseline Human Heath RiskAssesmwni," 1998, (Mareas Parcel), submitted to and approved by IDEM VRP. "Human Health RiskAssessmeni, Burlington Basket Site ", 2005, submitted to EPA Region 7, currently nendir z review. "&Wlernental Comprehensive Site Invesllgation and Remediation Objectives Report, Canadian Pacifrc Railway, Bensenville West Yare', 2002, submitted to and approved by IEPA SRP. "RemediafionComplelionReport, Bivoma, 2002, submitted to and approved by IDEM VRP, "Phase R Investigation Report, Bivona, Inc. ", 2001, submitted to and approved by IDEM VRP. "Significant Permit Modification, Convective Action and CQA Plan, Dixon/GROP Landfill", 2000, submitted to IEPA and subsequently approved. DOUGLAS G. DORGAN, JR., LPG Principal Fields of Expertise Environmental Permitting, Oroundwater Impact Assessments, Environmental Site Assessments, Environmental Remedial Projects, Risk Based Corrective Action, Design and Permitting of Solid Waste Facilities Certification Certified Professional Geologist, State of Indiana Licensed Professional Geologist, State of Illinois Certified Hazardous Materials Manager (CE M) OSHA Supervisor's Health & Safety Training Education B.S. Earth Science, Eastern Illinois University, 1986 Graduate Course Work in Environmental Studies, Sangamon State University, 1996 M.S. Geography/Environmental Science, Northern Illinois University, 1993 Professional Summary Mr. Dorgan serves as Principal and Senior Project Manager with Weaver Boos Consultants, Inc. He has over twenty four years of environmental and solid waste control project experience. During this time, Mr. Dorgan has been involved in all aspects of project implementation including the supervision of technical support staff in the compilation and presentation of information for regional and site specific investigations. He has successfully completed numerous projects including multi -phase environmental site assessments, risk based corrective action, hydrogeological investigations, groundwater impact assessments, remediatiion planning and implementation, multi media compliance audits, UST closures, and solid waste management facility Prior to joining Weaver Boos Consultants, Inc, Mr. Dorgan was an Office Director for a national environmental consulting firm. Select Project Experience He manages activities performed in compliance with a RCRA Hamrdoos Waste Management Permit for a major steel company located in Northwest Indiana. Responsibilities include preparation of permit renewal and amendment applications, permit negotiations with IDLM and OSEPA, and ongoing groundwater sampling and reporting for a hazardous waste landfill network comprised of 64 monitoring points. Mr. Dorgan also manages RCRA Corrective Action activities for the site, including preparation of required plans and deliverables and investigation and corrective measures implementation pursuant to approved workplaus. Mr. Dorgan managed accprisition of a comprehensive "No Mother Remediation" letter pursuant to the Illinois Site Remediation Program for a 14 -acre parcel located in the northern suburbs of Cbicago. A soil and groundwater investigation was performed to assess site impacts. Tier 2 modeling and development of site specific background following the Illinois Tiered Approach to Corrective Action Objectives (TACO) methods were used to support appropriate soil and groundwater reni"ation objectives. Remediation activities included removal of 45,000 tons of debris and fill material, and excavation and disposal of LUST contaminated soils. He managed the site investigation and Indiana Voluntary Remastlon Program activities for a large glass manufacturing facility in Central Indiana. Site investigation activities resulted in remediation of select facility areas to control for impacts attributable to semi - volatile organic compounds, polychlorinated biphenyl's (PCB's), and inorganic constituents. Additional site measures included removal of contaminated creek sediments and implementation of a comprehensive groundwater investigation. Mr. Dorgan is currently managing an Illinois SRP application for a former die casting facility with PCB impacts to facility structures, soils, and shallow groundwater. Extensive site investigation has been undertaken and TACO Tier 2 and 3 modeling performed. A Site Investigation and Remediation Objectives Report has been submitted to support DouGLAS G. DORGAN, JR., LPG Principal remediation objectives negotiation. Weaver Boos has provided export witness services and development of an engineering remediation cost estimate to support settlement discussions between responsible parties. He was Project Manager for a comprehensive Phase I Environmental Site Assessment of the General Motors Danville, IL gray iron foundry whose operations date to the early 1940s. Project required a detailed records review and site inspection to identify potential areas of concern. Subsequent responsibili- ties included developing a scope of work for site investigation. Mr. Dorgan managed implementation of a facility - wide investigation for PCB - related impacts at a die casting facility in Chicago, Illinois. The investiga- tion scope included sampling of soil, concrete, structural surfaces, and process equipment, Based on investigation results, alternative risk -based opinions were evaluated for site remediation. In support of on -going litigation, an engineering remediation cost estimate was generated. Mr. Dorgan is managing the RCRA Corrective Action activities for a specialty steel manufacturing facility in Niles, Michigan. Ongoing activities include operation and monitoring of an Interim Measures groundwater remediation system, implementation of preliminary subsurface investigations, development of RCRA RFI Workplans, and negotiations with Michigan Department of Environmental Quality persotmel. Mr. Dorgan managed a Phase I, 11, and Ill Environmental Site Assessment of a 45 -acre business park in Indianapolis. Project activities were performed on an accelerated basis to facilitate an aggressive land transfer negotiation. A detailed hydrogeologiic assessment and a risk assessment was performed, quantifying required remedial measures. lie conducted comprehensive and media- specific environmental compliance audits of facilities located in four states for a major medical diagnostic imaging equipment manufacturer. Comprehensive audits were performed for select waste and scrap material management facilities. Audits included recommen- dations for corrective measures in addition to development of a division -wide program for management of recoverable waste streams. Mr. Dorgan was the Project Manager for a Phase I and II Environmental Site Assessment of a 1.1 million square foot former can manufacturing facility in Chicago. Assessment activities were designed to evaluate long term liabilities and environmental considerations associated with facility reuse and/or demolition planning. He has secured a focused NFR letter pursuant to Illinois SRP requirements for a fleet maintenance facility in the Chicago area. Project activities were implemented on an expedited basis to accommodate a property transaction. Direct negotiations and communications with the IEPA allowed the NFR letter to be issued within 10 weeks of submission of the Site Investigation and Retnediation Objectives Report W. Dorgan was involved in developing information required for preparation of an RFI /CMS for a 900 - acre industrial complex in Saginaw, MI, 'fte project required a detailed site inspection and assessment of potential areas of concern for preparation of a Description of Current Conditions report. Mr. Dorgan was responsible for managing environ- mentaI compliance aspects of a comprehensive underground storage tank management program implemented by a major electric utility company in Northern Illinois. The project required UST removal oversight4closure certification, site investigation, regulatory reporting, corrective action designlsupervisiou, and regulatory negotiation. Project activities were concurrently undertaken at over 30 sites. Mr. Dorgan prepared, Landfill Gas Management Plans for four facilities in two states far a national DOUGLAS G. DORG^ JR., LPG Principal solid waste management company. He coordinated system design and prepared permit applications for state agency acceptance. Mr. Dorgan performed peer reviews of four Type I (general municipal solid waste) landfill permit applications in Texas. The peer review assisted project staff and legal counsel in identification of limitations and/or deficiencies in the applications. Project activities enabled implementation of corrective measures prior to public hearing, He directed a site investigation and coordinated remediation planning of a formerly unpermitted construction/demolition debris disposal site. Project required the development of a remedial plan involving the controlled excavation and off -site disposal of approximately 30,000 cubic yards of impacted debris/fill. Project also required the management of approximately one million gallons of impacted water. Mr. Dorgan implemented groundwater impact assessments for municipal solid waste landfills in Illinois. Projects required extensive hydrogeologic assessment and leachate characterization. Impacts to shallow perched groundwater were conclusively demonstrated to be associated with surface infiltration and natural wetlands processes. Project findings avoided implementation of costly corrective measures. He had project management responsibility for preparation and submission of a Type I (general municipal solid waste) Landfill permit application in Sam Antonio, Texas. The permit application was presented at public hearing and received a permit fi•om the Texas Water Commission. The she has been developed and is cun-ently operating. Publications/Presentations Contributing author "Municipal Solid Waste Landfills . Volume I General Issues, "University of Illinois at Chicago, November, 1969 "Conducting Phase I Environmental Site 4ssessments," presented to the DeKalb County Economic Development Corporation, Industry Roundtable, DeValb, IL, November, 1990 "Environmental Audits for Selection of Solid Waste Disposal Sites, " presented at Waubonsee Community College, Sugar Grove, IL, November, 1992 "Distribution of Cadmium, Copper, Lead and Silver in SSaface Soils of the Chicago Metropolitan Area," Northern Illinois University, August, 1993 "Conducting Effective Environmental Site Assessments," presented to the Institute of Business Law Conference 'Environmental Regulation in Illinois', September, 1993 "Minimizing Liability in Real Estate Transactions by Conducting Effective Environmental Site Assessments," New Mexico Conference on the Environment, Journal of Conference Proceedings, April, 1994 "General GeologiclEydrogeologic and Contaminant D- ansport Principles, " presented to ITf'/Hartforl Insurance Co., January, 1996 "Environmental Site Assessments and the ,Due Diligence Process," presented to the AIG Environmental seminar 'Legal Actions Against Facilities', March, 1998 "Brownfields Development, TACO and the SRP Process," presented to the Calumet Area Industrial Commission Executive Council, May, 1998 "Property Acquisition and the Due Diligence Process," presented to Cushman and Wakefield Corporate Services Department, August, 1998 "Brownfields Development, TACO and the SRP Process," presented to the Calumet Area Industrial Commission, March, 1999 "Risk Management Tools for Contaminated Site .Development," presented to a contraction industry seminar `A View From the Top', February, 2000 "Voluntary Remedtation of B)vwnfre1ds1Aisk Based Remediadon" presented to Illinois Association of Realtors, October, 2002 Professional Affiliations National Association of Environmental Professionals Institute of Havardous Materials Managers Air and Waste Management Association JOHN W. WEAVER II Principal Fields of Expertise Environmental Engineering, Geotechnical Engineering, and Environmental Construction Management. Registration Professional Engineer: IN, IL, MI, MN, OH, LA, PA, and WI Education ID, Loyola University, 1991 MSCE, Civil Engineering, Purdue University, 1980 BSCE, Civil Engineering, Purdue University, 1975 Professional Summary Mr. Weaver is the President and Principal Engineer for Weaver Boos Consultants (Weaver Boos). Since founding the company in 1990, Weaver Boos has grown to ten offices in 7 states and over ISO employees. He has over 30 years of engineering experience and has functioned as the Senior Engineer on geotechnical and environmental projects for over 15 years. During this time Mr. Weaver has been actively involved in the negotiating and regulatory compliance as well as the technical aspects of environmental work, Mr. Weaver has been actively involved in site assessments and investigations, hydrogeologio studies, regulatory compliance assessments, environmental facility design, and construction management of environmental projects. Prior to starting Weaver Boos, Mr. Weaver was a Senior Engineer and ]regional Manager for a major geotechnical, environmental and construction materials testing consulting firm for eight years. He was responsible for over eight million dollars of work per year and 70 employees, Prior to that Mr. Weaver worked for a full service design /construct environmental company. Select Project Experience I& Weaver acted as engineer and contractor for waste mitigation projects, involving site remediation programs, RCRA facilities, UST, and CERCLA sites. A partial listing is attached, He has reviewed environmental remediation efforts, including NCP compliance to address cost - recovery and insurance coverage issues. Mr. Weaver performed hydrogeologic investigations characterizing uncontrolled disposal sites and assesses the suitability of virgin sites for waste disposal. He has performed compatibility studies involving the evaluation of permeability changes when exposed to loachates. He has developed remedial action programs which included the assessment of existing conditions, determination of conceptual designs with cost estimates, development of health and safety programs, detailed design and cost estimates, permitting and actual construction. Mr. Weaver has performed actual construction and construction management for environmental remediation and new environmental treatment storage and disposal facilities. Duties included project estimating and contracting; general supervision of construction activities; compliance with the project specifications, workplans, and health and safety plans; construction quality assurance inspections; and certification of the completed work. He has performed numerous property assessments involving the following concerns: environmental, geotechnical, wetland delineation and mitigation, and flood plain delineation. Also performed regulatory JOHN W. WEAVER II Principal compliance audits of ongoing manufacturing and industrial facilities, He has extensive regulatory participation which includes the preparation ofremedial designs and clean -up protocols together with comprehensive health and safety programs for regulatory approval. Also, studies for landfill permitting have been completed and presented at public hearings for zoning and siting permitting. Permitted Part B, RCRA landfill in Indiana. Mr. Weaver has also performed many geetechnical studies involving subsurface exploration and geotechnical assessment for new construction, to assess construction claims, and to conduct forensic studies. He has also been actively involved in providing construction observation and construction materials testing services. Publications/Presentations Design and Construction ofRCRA Facilities Recent Developments, The 1991 Region V Environmental Coaicrcnce, Executive Enterprises, Inc., December 12- 14,1990. Contributing author In -Place Precipitation Immobilization of Lead at Uncontrolled Hazardous Waste Si tes, Tenth Annual Madison Conference, Sept. 29 -30, pp. 561-578,1997. Cost Containment of Environmental Proiects Selection and Management, Indiana Groundwater: Regulations, Risk Assessment and Remedies, October 27, 1986. Weaver, JX, Mores, R., Cambouris, P., Environmental Matters Affecting Real Estate: Now Develomnent& Recent Developments Regarding Underground Storage Tanks After PA88 - 496 fHB3001, Chicago Bar Association, Chicago, Illinois January 11, 1994. Weaver, J.W., O'Dea, D.S., Re cent Developments on Environmental Matters Affecting Real Estate, How Clean is Clean Proposed Underground Tank Regulations, Chicago Bar Association Real Estate Section Luncheon Meeting, Chicago, Illinois, April 26, 1994. .Professional Affiliations American Society of Civil Engineers Illinois Association of Environmental Professionals Illinois State Bar Association, Environmental Section Chicago Bar Association, Environmental and Construction Committees Environmental Law Institute ASFE Awards 1996 National Gold Award Winner Landfill Excellence Award for the Elkhart County Landfill Elkhart, Indiana Solid Waste Association ofNorth America 1997 National Gold Award Winner Landfill Excellence Award for the Camino Park Landfill Sunland Park, New Mexico Solid Waste Association of North America to n Gy E n K R IIA ti O 3 Ll A y B Q 8 ++ 3 • 3 fl m a Day V i � g b ,n° a ��+Qi • #�r,,4 ��' v • -d>�i� • �. 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ZT �:. zF e �i {VRtandlF.ndangered Spwim �{ rl��.it,+ • � - : Ceolecho'anl Eaplan[ioa §�`�s' +�� .- =✓n'�4 X 4 1. w.u•. FonadmUmi Recommeadatian/ csaVn �: 4 -. .'. -: ;i�' Lk� • r ?L S11' CLnstmainn 11S0oitorixg �j.'y L, A. L y"�� ��� Canstaaetha Malerlals Rernmmeadatlan i! rl ), j1Si ;' • %i! - Caaslracllon Makria[s Teadag t 4 ltii!'. tv x 'a;`f y,4"Si ': CmuWetioa llmein Rtvinr ee n e. a n 7 A C �aq S 5, P 0 M b n � b F �g } e� ryA ro k Y n n tD A 'a y 0 H M � n z o a c m e 'o r R a. e b a p gg = o 8 oe X 6 N s AV • • l '? • Phaul Environmental Aite A5sea5meel �� • '' • i PhaseR Envimdmeolel Site Asset<�nent _,,';�j,:� „; Conceptual Remedial Piauefog L ty • t�, • RcmWlalPhu lmpkmtubtWn ty '�.'_ k,s '.,., ke. Regnlsloey Yroeram 00. C•nstreeHonJDe•mLihelhersighf • 5t �'��y''Aq�'.p .r. Weii•edlEe�aegen� &IICCk1 :: w �'r� • e t:tuletinxal Esplanlie• '� A. . �' • °�'i • Fouedatian RernmmeeAatbe3Daiga v.''� ?_' • -`>, • Coa�knetiae MoailmieR ?I�'::5 • _;��:, • Conatraciiae Mxlttials Reeomuteudatiav e c' �.' • i�:;�- • Comlr•clio•alakriak Testing e� ryA ro k Y n n tD A 'a y 0 H M i Weaver Boos Consultants REFERENCES Flame & Address Telephone Project Types Mr. Gary Gilot, P.E. (574) 235 -9251 Phase I Env. Site Assessments Director of Public Works Phase If Env. Site Assessments City of South Bend Site Remediation Program Services 1316Counly -City Building Geotechnical Engineering South Bend, Indiana 46601 Environmental Constmchan/Dcmolition Oversight Mr, Cathy Murczek (773) 650 -7667 Environmental construction/Demolition Oversight Wm. Wrigley Jr. Company Site Romediatiou Program Services 3535 S. Ashland Avenue Chicago, Illinois 60601 Mr. Skip lanes or Mr. Michael Schacht (219) 464.2500 Phase 1 Env. Site Assessments Director of Real Estate Phase B Env. Site Assessments Aid[, Incorporated Site Remediation Program Services 197 East Division Road Geotechnical Engineering Valparaiso, Indiana 46383 Environmental Couslmction/Demolition Oversight Mr. Neal Doyle (630) 586 -800D Demolition Surveys Centerpoint Properties 1808 Swift Drive Oak Brook, Illinois 60523 Mr. Jan B. Sheinson (312) 627 -5741 Phase I Env. Site Assessments Bank One Corporation Phase II Env. Site Assessments Environmental Risk Department 200 South Wacker Drive, 6th Floor Chicago, IL 60606 Mr. John Olashak (219) 273 -7342 Phase I Env. Situ Assessments Manager, Bnvironmental Affairs Phase 11 Env. Site Assessments National Steel Corporation Permitting 4100 Edison Lakes Parkway RC@A Compliance Mishawaka, IN 46545 -3440 Solid Waste Engineering Mr. Byron (Bume) Miller, P.E. (574) 293 -2572 Phase 1 Env. Site Assessments Public Works and Ullilies Department Phase E Env. Site Assessments City of Elkhart 1201 S. Nappanee Sheet Elkhart, Indiana 46516 Mr. John T. Craig (312) 228 -2094 Phase Lill Env. Site Assessments Senior Vice President Site Remediation Program Services Jones Lang LaSalle Americas, Inc. Geotechnical Engineering 200 East Randolph Chicago, IL 60601 Mr. Brian S. Boilek (219) 6604629 Phase 1 Env. Site Assessments Vice President, Commercial Banking Fifth Third Bank 1000 E. 80th Place Merrillville, Indiana n;�xoerumaaxenxerRxgxraylrr� xuenam..h `` °® CERTIFICATE OF LIABILITY INSURANCE P, 1 of 1 o i6%aoi THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE ROES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pal Icy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cerHHcate does not confer rightstotRe certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 0i11io OE Illinois, Ine. c/o 26 Century Blvd. P. 0. 13ox 305191 Nashville, TN 37230-S191 PHDHE 877 -9 5- 378 P'� 889- 467 -2378 -MWL c r if•cat s illie. o INSURERS FORDING COVERAGE NAN:N WSURmA. Navigators Specialty Insurance Company 36056 -001 CH12NP40A2.TOVNC _ WSURED Weaver Hvsa Cenaul tents, LLC INSURER II Navigators Insurance Company 42307 -001 INSORERC:Harkahire Hathaway Ramcs Late Insurance Co 20044 -001 35 Last Wacker Bvite 1250 Chicago, IL 60601 INSURER IT. COMMERCIAL GENERAL LIABILITY CLMMS-MADE ®OCCUR INSURER E: INSURER B COVERAGES CERTIFICATE NUMBER: 10240424 REVISION NUMBER:sae Remarks THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR tm TYPE OF INSURANCE w SUB mn POLIDYNUMBER POl1CYEFF PDLICYE]IP LIME A GENMAI -LIMIL Y CH12NP40A2.TOVNC 6/12/2012 6/12/2013 FACNOCd1RRPNf $ 00 000 B E M E ER ENI $ 3 q D 00 D COMMERCIAL GENERAL LIABILITY CLMMS-MADE ®OCCUR ME'OEXPLM one arson $ 10 PERSCNALaANIMIURY S 1 000 DOD GENERALAGGRGGATC ffi 2,000,000 BENL AGGREGATE UMRAPPLIES PER: PRODUCTS- COMP /OPAGG S PGucr X 'F Lee 3 13 AUTDMOWI LIABILIW CE12BAP010723 -00 6/12/2012 6/12/2013 El3aAe1sl1�o0sWCLE UMIT 2,000.000 X BODILY [NJURY(Parpwn n) 3 ANYALFO ALA FA SCHOEOOLED RFEDAUTO.S X ETON SWN� eODiLV INJUpAY(Por nccdenli $ X eram� snl} E $ S A R UMBRELLAUAR X OCCUR C1312XENOA2aJ1LNC 6/12/2012 6/12/2013 EACHOCCURRENCE 3 10 000 000 AGGREGATE $ 10 000 000 EXCIM LIAR CLAIMS -MADE DED J X IRErrWIONS 10,00 S C WORKPRSCONWENSATTOR ANDESNLOYERS'LIAOFLITY IN ANYPROPRIETORIPARTNEIVEXECUTNE OFFICEWMEMBER E=UOEDT NJA ILW001292 6/12/2012 6/12/2013 X LAS. - FL- EAGHACCIDENT $ 1,000,000 1, DOD, 000 IMx wA.Tln NRl tlByn. under EL. UI5LAL- EAEMPLUYIMS 3 1,000,000 RIPTIOe DESCRIPTION OF DPERATIaNH6a0w LL. DISeASE- Pa.ICY uMR DESCRIPTION OPOPERAMONS I LOCATIONSI VEHICLES (AUachAwN 101. Addllonal Rsma ks Sclmdule, ifRnare space is mqulmd) THIS VOIDS AND REPLACES PREVIOUSLY IRSTIRM C.6RTIPICATC DATED: 7/13/2012 WITH In: 19239562 Project #W13CP- OD1 -16 -12 - Ivy Tower Facility Red - South Vend, IN Umbrella policy follows form over the (Amoral- Liability, Automobila Liability, and RVloyera• Liability - Ivy T9U2r Core. is included as an Aclditionnj Insured as respects--to General LiabillLy. City of SOUth Read 1316 County City Huilding South Bend, IN 46601 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POI ICY PROVISIONS. AUTROMFO REPRESERFATIVE Coll:3795034 Tp1:1489645 Cert:19240424 40198 84010ACORD • 1 -- • •• -�T ,110 r a wnu i m is Doc Ingo are reglsierea marks 01 ALCURU reserved "c_° -ka CERTIFICATE OF LIABILITY INSURANCE page 1 of 1 0 %i3i2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TH E CERTIFICATE HOLDER. IMPORTANT: If the Certificate holder Is an ADDITIONAL INSURED, the pol)cy(les(must he endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may raq ulre an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s(. PRODUCER CONTACT Willis of Tllinoie, Tao• c/o 26 Century Blvd. PHONE FAX _ -7338 Ir„yry 888 -467 -2 CAB. s' c rtificateN6ywi11iST.cem P. 0. Box 305191 N. shville, TR 37730 -5191 INSURERS FFORDINGCOVEnAGE NNC$ INSUR2Hh' navigatOee 8peeiAlty Xnauranoe COMpany 36056 -001 INGURFD Neva OounultOAtB, LW weaver B: ft igALOra Tnaurance Conpany 42307 -001 - -- INSURER41:11mrkehire Hathaway Bo state Insurance Co 20044 -001 35 Nast Necker Suite 1250 Chicago, I1 50601 INSURER D: INSURER E MUD EXP (ARym6 N8d1) NSURERE PERSONAL &AOVINARY 4 1 COVERAGES CERTIFICATE NUMBER:19239562 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY Be ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IXCLUSIONS AND CONDITIONIS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE HEEN REDUCEO BY PAID CLAIMS, NSN TYPLOFFNSVRANCL I' S� POLICY NUMSER PaLIcY EFF POLLOT EXP LIMITS A GCNENAL LABILITY CH12NP40A2,T0QNC /12/2012 6/12/2013 EACHOCCURRENCE S 1 D X COMMERCIALGLNCRALLIA9a1TY MUWMTnuil $ 300,000 CLAIMS- MADE�x I OCCUR MUD EXP (ARym6 N8d1) $ 10,,000 PERSONAL &AOVINARY 4 1 GENERAIAGGREcwni S 2,000,000 PRODUCTS•COMHOPAGG 4 2,000,000 GLN'LAGGRLGA_T_IMR APPL_I—FtR: LLPRO- POLICY IF, WU B AUTOMOBILE LIABILITY CEI2HAP 018723 -00 6/12/2012 6/12/2013 MMBINUIDSIIIGLELMT $ 21000,000 3ODLYINJURY(Per P.'.) $ X ANYALTO A TO$ AUTOSM� X HIREOAUr05 X NONOWNEO AUTOS BODILY INJUIMNr accident) S - PereccM $ A X UMBRELLALAS X OCCUR CRl2XENOA2,7PLNC 112/2012 6/12/2013 EACHOCCURRENCE 8 10,000,000 AOGREOATE S 000 EXCESS LIAO CLAIMS -IAADE Dal I X IFIETENTIONII 10,00 $ I C WORkEks COMPENSATION AND ENPLOYERS'LIANgRY ANY PROFKe I' UIWARTHENEXECUTIVEI —I OFDCEMEMBER EXCLUDED? LJ �1NN1nntlMe ANIn Myer cacdbeuDtler NIA ILWO01292 6/12/2012 6/12/2013 X - EL.EACHACAOENT S 11000,000 F.I. DISEASE -EA EMPLOYEE $ 1,000 000 F.I. ❑ISEASE- POLICYLIMET 1¢000,000 uES�FiIP71ONOFOPERATIO1dSONMy DESCRIPTION OF CPENATIGNS1 LOCA71ONSIVfi11ICLES(ALWFIAC.rd 101, Ad W.1 Remadw3cAadule. I.... apace N rng6.d) Project #WRCP- 001-16.12 - Ivy Tower Facility Red - South Vend, IN Umbrella policy follows form over the General Liability, AntCltebile Liability, and Employers, Liability. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EMPATION PATE THEREOF. NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ivy Tower Corp PO 'R. 122B South Head, IN 46624 Coll:3794434 TD1:1489645 Cart:: ACORD25(2010105( The ACORD name and logo are registered marks of ACORD All riahts reserved WEAVER BOOS CONSULTANTS, LLC ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES (Effective October 1, 2008) 11, PROFESSIONAL STAFF U.S. $ a) Principal /Corporate Consultant ......................................................... ............................... Hr 175.00 b) Project Director ........................ • -- ........,.......,........,................. ..,..,.........,............... Hr 155.00 c) Son !or Project Managen ....................................................................... ............................... Hr 134.00 d) Senior Project EngineedSoientist ....................................................... ............................... Hr 124.00 e) ProjectManagcr .................................................................................. ............................... Hr 113.00 1 Project Engineer/ScientistTnvironmental Specialist .......................... ............................... Hr 98.00 g) Staff Engineer /Scientist/Environmental Specialist ............................. ............................... Hr 88.00 h) Engineer/Scientist/Euvironmental Specialist ...................................... ............................... Hr 72.00 II. TECHNICAL STAFF ice$ a} Union Engineering Technician- Journeyman ...................................... ............................... Hr 93.00 b) Union Engineering Technician ........................................................... ............................... Hr 88.00 c) Construcdo , Superiu tondent .............................................................. ............................... Hr 88,00 d) Construction Manager ........................................................................ ............................... Hr 77.00 e) System Specialist ................................................................................ ............................... Hr 72.00 t) System Technician ............................... - -... • •..._.... •.. - .............. .....1..............- ........ Hr 67.00 g) Certified Technician .......................................................................... ............................... 13e 62.00 Senior -Engineering Technician .......................................................... ............................... Hr 57.00 i) Engineering Technician H .................................................................. ............................... Hr 52.00 j) Engineer• hrgTechnicianI. .................................... ............................... ..1.......................111.. Hr 41.00 111. SUPPORT STAFF U.S. $ a) CAD Designer 111 ............................................................................... ............................... Hr 88.00 b) CAD Designer If -- --- ......... ................................................. ............................... Hr 77.00 c) CAD Designer ................................................................................. ............................... Hr 57.00 d) Technical Assistant.. ................ ......................................................................................... Hr 52.00 e) ClericaMord Processing................................................................... ............................... Hr 52.00 W. GENERAL EXPENSES a) Automobile Transportation ...... --- .................................................. ............................... Mi. 0.75 bSubcontract Service or Rental............ - ........................................... ............................... Cost+ 15% c Repot Preparation (outside services) ........................... .....-............................................ Cost +15% d Outside Services (e.g. photographer, film processing, overnight delivery, etc.) .......................... 1..,111...,,... Cost+ 15% e) Per Diem (food and lodging) ........................ .... .................. .................................. ............ $1201day flPer Diem (no lodging) ........................................................................ ............................... $30 /day g) Transportation by Commercial Carrier or Rental Car,..... .................. ............................... Cost+15% h) Travel Expenses ................................................................................. ............................... Cost +15% UN[T PRICE NOTES: 1. All professional, technical, and support stalftime, and expenses spent in furateranco of the climfs work will be billed. This includes, but is not limited to, proposal. Met, travel, research, reelmicol review and reporting, project management, client meeting, and pmjeLt- specific administrative time and expenses. 2, An overtime rate of l.3 times the regular rate is billed for mclnicsl and support stiff services for work in exooss of 40 hours per week, work between 7:00 p,m. to 5:00 am -, and work on Saturdays, This overtone rate is increased to 2,0 flints the regular rate for work on Sundays and holidays. 3. Unless otherwise agreed to In writing, a monthly interest charge of 18% per annum, will be charged aceroing tom the dale of invoice, on all invoices not paid within 30 days. 4. The unit rates are subject to periodic modification (typically annually). These nut modifica[ions will be incorporated into long -term projects, worts otherwise addressed in the project contract. 5. Deposition and testimony services are charged at 1.5 times the regular billing we GENERAL 6XI'ENSE NOTES: r. Rates quoted are for expenses only, equipment purchased on the client's behalf is marked up 25% I Personnel rates ere billed separately from Fermat expenses. 3. Standard non -disposable protective outer -wear or equipment damaged or contaminated by site conditions are billed at replacement cost plus 15%, _. General expense made -ups may be negotiated based upon connect size and payment terms. 5. The per diem rates set forth above am the standard rates we typically use for oil[ (ethnical staff on projects. We reserve the right ro modify these rates in high cost areas. ,& Mileage rate is based on gasoline price or S3.6o per gallon- A foe[ surcharge may be added if traditions beyond Weaver naps Coneultaors North Central, LLC control warrants it ARV modification to dlfs fee selredare regrtires the wriltea apy'oual ofWeapu Boas Cooserllanls, LLC 0.1fgM5Wapma7Wmehmenn _LLCToSthMulAWBCNCPw SdWul-ow.m,doe Pape 1 or2 WEAVER BOOS CONSULTANTS, LLC ANNUAL FEE SCHEDULE - PROFESSIONAL SERVICES (Effective October 1, 2008) V. SURVEYING a) Senior Professional Land Surveyor.......... .................................................................... .... Hr 130.00 b) Professional Land Surveyor .............................................................. ............................... Hr 110.00 c) Survey Project Coordinatar ............................................................... ............................... Hr. 85.00 d) Survey Party Chief ............................................................................ ............................... Hr 85.00 e) Strrvey Party - 2 Man/Conventional .................................................. ............................... Hr 130.00 f) Survey Party - 3 Man/ Conventional ................................................. ............................... Hr 170.00 g) Survey Party - 1 ManlGPS or Robotic ............................................ ............................... Hr 130.00 h) Survey Party - 2 ManlGPS or Robotic ...................................... ....... ............................... Hr 170.00 1) Survey Party - 3 ManlGPS or Robotic .............................................. ............................... Hr 210.00 V1. EQUIPMENT RENTAL FEES a) pH, Specific Conductance and Temperature Meter .......................... ............................... Day 40.00 b) Peristaltic Filter Pump ....................................................................... ............................... Day 35.00 c) Electric purge Pump_.... .... .......................................................................................... ..... Day 40.00 d) Grundfos Pump Control Box ............................................................ ............................... Day 100.00 e) Water Level Indicator ....................................................................... ............................... Day 30.00 f) Filter and Hose (for pump)............................................. ................................... ............... Ea 20.00 g) Micropurge Flow Cell and Sonde... ........................................ __ ..... ...................... P ........ Day 120.00 h) GA 90 (formerly grouped with GSM's below).................................................... ............ Day 90.00 i) Modified Level "D" (Tyveks, Boots, Gloves)/per person/per chg of olothing ................ Ea 50.00 j) Photoienization Detector Meter ........................................................ ............................... Day 110.00 It) Nuclear Density Gauge . ............... .................................... . .................................. , ........ ,.., Day 60.00 1) Air Sampling Equipment, per pump., ............... .. --.........._............. ............................... Day 50.00 m) Hand Operated Field Probe Equipment.,..,,, .................................................................... Day 25.00 n) Explosimeter ..................................................................................... ................ ............... Day 30.00 o) GA901GEM 500/GEM2000 Gas Analyzer ...................................... ............................... Day 175.00 F) Flame Ionization Detector ................................................................ ............................... Day 110.00 q) Interface Probe ................. ............................... • ............................ ............................... Day 50.00 r) ATV ........-- ................................ ........I...................... • ..............., ............................... Day 50.00 S) Company Truck............................ ........ ___ ................................................................... Day 75.00 t) Hand -Held FieldGPS/ G15 ............................................................... ............................... Day 150.00 u) Laser Level ....................................................................................... ............................... Spatial bay 75.00 v Imaging Laser Scanner ......................................................... ............................... Day 2,500.00 TESTING ANTI RENTAL NOTES: I. Pulksfortesfrng and a tnipmentnotlisted above are available an request. 2. Testing and equipment rental costs are negotiable forspecifio p(oJ00 end for an-site laboratory programs. 3. Leboratory unit prices cover'equipmeol and labor costs to perform standoni tes( procedures and laboratory reports with nonna€ lura- Amend limes. Non - standard testing requirements, supervisory and project management costs, data evaluation costs, end environmental sampledisposal costs am not ineluded in the testing unkprices and are billed sepamtely. 4. Equipment rental races are for equipment Costs only. Transportation, caalibrarinn and personnel ousts are billed separately. 5. Wily and weekly rates cover a maximnin of[ 0 and 50 hours respectively. S. SAMPLES WILL NOT BE RETAINED beyond classification end testing unless other arrangelmeats are agreed to in writing. Envirommental samples remain dm property of the clietN. Airy niodylieadon to this fee adrerlidc requires rfie roriflen approval of Weaver Boos COUSaillanls, LLC uwoaMrrvmermmr"a_u.ntsdeduleavaC Ne roe schmde,ce hoc Page 2 of These General Terms and Conditions are incorporated by reference into the foregoing Proposal and shall along with the Proposal constitute the agreement (the "Agreement ") under which services are to he performed by Weaver Boos Consultants North Central, LLC (WBC) for Client Unless timely accepted without reservation or change by Client, the Proposal shall remain valid for 90 days after which limn it shall expire and been deemed revoked SECTION f: SCOPE OF SERVICES a. It is understood that the scope of services and time scluxMD defined in the Proposal arc based on the information provided by Client and certain assumptions based upon WBC's experience and Client's representations. If this information is incomplete or inaccurate, or if unexpected site conditions are discovered, the scope of services and time schedule may change, even as the work is in progress. b. The scope of services shall include all services provided by WBC in its discretion, which am 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 General Teams and Conditions and any Supplemental Terms er Conditions incorporated herein. All such services provided shall be invoiced and paid for in accordance with Section 3 below. o. All additional or subsequent work performed for client, shall be subject to these General Terns and Conditions, unless otherwise expressly superseded or modified by mutual written agreement of W13C and Client. SECTION 2: CUENTDISCLOSURES a. It shall be the duty of The Client before and during the project to promptly notify WBC of any known or suspected hazardous substances which are or may he related to the services to he provided. Such hazardous substances shall include but not be limited to any substance which posed or may pose a present or potential hazard to human health or the environment, whether contnlned in product, material, by- product, waste or sample and whether it exists in a solid, liquid, semisolid or gaseous farm. b. Following any disclosure as set forth in the preceding paragroph, or if any hazardous substances are discovered or reasonably suspected by WBC after its services are undertaken, and which WBC determines in its discretion substantially chaugc the coats and risks of the project, then WBC tiny, at its discretion, diseontinuo its services. c, Client shall timely notify WBC of potential health hazards or nuisances which might arise out of the work by WBC and its contractors and/or subcontractors (hereinafter referred to as subcontractors), and thereafter WBC shall take necessary and reasonable measures to protect its employees against such possible health hazards or nuisances. The reasonable direct costs of such measures shall be home by the Client. d. The Client shall notify WBC of any other conditions, of which Client is or should reasonably be aware of, which might significantly affect the effcieney or safety of work of WBC, SECTION' ., BILLING AND PAYMENTS a. Unless otherwise specifically provided in the Agreement, billings will be based on the fee schedule referenced in the proposal. WBC shall submit invuiccs monthly for services WEAVER. BOOS CONSIILTAKIN,LLC General Terms and Conditions Version 2009 -AI Page I of 4 performed and expenses incurred and not previously billed on any previous invoice. Payment is due upon moetpt. For all amounts unpaid after thirty (30) days of the invoice date Client agrees to pay to WBC a ftnancc charge of one and one -half percent (1 W- /a) per month, oightcen percent (IS %) annually, or the legal maximum rate if it is less. The billing rates described in this Agreement may be modified on a periodic basis (typically annually). These modifications will be incorporated into long term projects, unless otherwise addressed in the Proposal. b. The Client shall provide WBC with a clan written statement within fifteen (15) days after receipt of the invoice of any opeions to the invoice or any portion or element thereof. Failure to provide such a written statement shall constitute acceptance of the invoice as submitted. Only reasonably disputed stuns may be withheld from payment. For purposes of this section, Client may only dispute a charge on the basis that the related services were not performed, or that they were performed in an defective maauer falling beneath the requisite standard of care. Further, WBC and Client agree to promptly meet, address and resolve invoice disputes c. The Client's obligation to pay for the services performed under [his Agreement Is in me way contingent upon other events; including but not limited to Client's ability to obtain financing, zoning, approval of gavemmanml or regulatory agencies, final adjudication of a lawsuit in which WBC is not involved, complete a transaction or successfully 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 Bens, obtafafng judgments or collecting any amounts due under the Agreement including the time of WBC employees, at fall billing rates, all associated costs, and reasonable Worncy's fees shall be recoverable from the Client. SECTION4: RIGHTOFACCESS 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 the site to WBC, its employees, agents and subcoafractors, to conduct the planned field observations and services. WBC shall take reasonable precaution to reduce damage to the site due to its operations, her is not responsible for the cost of restoration for any damage resulting from its operations, unless otherwise provided for in the Proposal. SECTION 5; 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 famish WBC with a diagram indicating the location and boundaries of the site, and all subsurface structures and utilities. WBC reserves the right to deviate a reasonable distance from fire 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 damage or Injury to or resulting from damage to subterranean stmctares (pipes, tanks, cables, wires or other utilities and subsurface suuctues, etc.) which am not called to WBC's Q. d. attention in writing and correctly shown on the diagram(s) furnished or correctly marked at the site. Unless otherwise stated, the fees in this proposal do not include costs associated with surveying of the silo for the amumtc horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on sketches are based upon information famished by others andlor estimates made in the field by our representatives. Such dimensions and elevations should be considered as approximations unless otherwise stated. This agreement may be terminated by WBC if site comditions prevent soil borings or other subsurface excavations by WBC at or near the designated locations, because of either obstructions or safety considerations, and these conditions were not revealed to WBC prior to acceptance of this AgrccmcuL 11, in order to complete borings, or other subsurface excavation, to their designated depths, additional work is necessitated by encountering impenetrable subsurface objects, this and all additional work will be charged for at the appropriate rates in the fee schedule. Any equipment lost or damaged due to site surface or subsurface conditions, acid not due primarily to the negligence of WBC or its subcontractors, will be invoiced at cost plus 15 Percent. WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2009 Al Page 2 of A losses and expenses including attorneys' fees arising out of or resulting therefrom. SECTIONS: INDEMI'1ITY PROVISIONS a. WBC agrees to indemnify, hold harmless, and defend Client from and against any loss, damage, injury, claim, and liability arising from and to the extent caused by the negligent acts or omissions of WBC, its agents and subcontractors, but subject to the limitations of liability set forth in Section 11 of this Agreement, Farther, Client agrees in indemnify, hold harmless, and defend WBC against any loo, damage, injury, claim or liability not caused by or arising from the seta or omissions of WBC. b. Client hereby waives all claims for indemnity and contribution (and related theories) for claims which are otherwise coveted (or would be ordinarily covered) when made directly to WBC or its subcontractors under Worker's Compensation insurance providod by WBC or its subcontractors. SECTION 9: STANDARD OF CARE a. WBC represents that the services performed under this Agreement will be performed with the care and skill ordinatily, exercised by reputable members of the profession practicing murder similar conditions or the same time in the same or similar locality. SECTION 6: SAMPLES b. a All materials and samples will be discarded immediately afier testing unless the Client advises WBC in writing to the watery. In such case, the samples will be delivered, shipping charges collected, or stored or 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 cf sampling or not in accordance with applicable law. Client shall bear all costs and liabilities associated therewith. c. Client agrees to indemnify, defend and hold harniiess WBC from any claims made or asserted against WBC arising out of or related to collection, storage or dispos flou of samples or materials alleging a failurc to comply with any Fcdcral, State or local environmental law, regulation or ordinance. SECTION 7: REPORTS AND OWNERSHIP OF DOCUMENTS a. With the exception of WBC reports to Client, all documents, including field data, field rwlcs, laboratory, test data, calculations and estimates arc and remain the property of WBC. Client agrees that all reports and other work famished to the Client but not paid for in Full will be returned to WBC upon demand and will not be used for design, coustmction, permits, licensing, or any other purpose. b. Documents, including but not limited to, technical reports, field data, field notes, laboratory test data, calculations, and estimates famished to the Client or its agency pursuant to this agmemeut 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 muse without WBC's wtitlea consent will be at Clicnt's sale risk and without liability or legal exposure to WBC or to WBC's snbcontractor(s), Client shall indemnify and hold harmless WBC mid WBC's subcontractor(s) from all claims, damages. Client recognizes that subsurface conditions may very from those encountered at the locations whcro the borings, surveys, or explorations an made by WBC and that the data interpretations and recommendations of WBC's personnel are based solely an the information provided to WRC. WBC will be responsible for these data, interpretations, and recommendations, but shall not be responsible for die inimprotation by others of the information developal. NO OTHER WARRANTY, EXPRESSED OR IMPLIED, IS MADE OR INTENDED BY RENDITION OF CONSULTING SERVICES OR BY FURMSHING ORAL OR WRITTEN REPORTS OF THE FINDINGS MADE. SECTION 10: INSURANCE a. WBC represents that it and its agents, consultants, and subcontractors employed by it, have procured Worker's Compensation insurance and that WBC has coverage under liability insurance policies which WBC deems reasonable and adequate. WBC shall finmish 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. MCTION 11: LIMITATIONS OF LIABILITY a. IT IS AGREED THAT, TO THE FULLEST gXTMT PERMITTED BY LAW, CLIENT WILL LIMIT WBC's TOTAL AGGREGATE LIABILITY TO CLIENT TO $1,000,000, OR THE LIMITS OF AVAILABLE INSURANCE, WMCBEVM IS LESS, FOR ANY AND ALL INJURIES, CLAIMS, LOSSES EXPENSES OR CLAIM EXPENSES (INCLUDING ATTORNEY'S AND EXPERT WI'T'NESS FEES) ARISING OUT OF THIS AGREEMRtR` OR THE SERVICES TO BB PERFORMED PURSUANT TU THIS AGREEMENT FROM ANY CAUSE OR CAUSES. SUCH CAUSES INCLUDE, BUT ARE NOT LIMITED TD, WBC'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, MWACII OF CONTRACT STA'JUf -ORY LIABILITY, BREACR OF WARRANTY, NEGLIGENT MISREPRESENTATIONS, ENVIRONMENTAL LTABMY OR OMER ACTS GIVING RISB TO LIABILITY BASED UPON CONTRACT, TORT OR STATUTE. IT IS EXPRESSLY AGREED THAT THE REMEDY STATED HEREIN IS THE CLIENT'S EXCLUs1VE AND SOLE RMODY FOR ANY DAMAGE(S) ARISING OUT OF THIS AGREEMENT OR SERVICES TO BE PERFORMED PURSUANT TO THIS AGREEMENT. b. WBC will increase our limitation of liability up to the limits of our available insurance coverage or otherwise to $100,000, whichcvcr is greater, upon client's written request, and for the additional consideration of $500. said request and paymem mast be received within 14 days of the date of ex oution ofthe Proposal and be. before any claim arises. c. The Client further agrees to noiity any contractors or subeoulractow who may perform work in connection with any design, report or study prepared by WBC of such limitation of liability for breach of contract, erfrs, omissions or negligence and require ns a condition precedent to their performing their work a like limitation of liability on their part as against WBC. d. The Client and WBC egret that neither will be liable to the other for consequential damages incurred due to the fault of the other. Said domages include, but are not limited to, loss of use and lost profits. o. With the exception of actions pertaining to rmteduhnen or mechanic's lieas, and if luwful, causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to rou on the date the alleged act or failure to set occurred. L Not withstanding the above, all claims, whether based upon contract, tort, breach of warranty, professional negligence (including errors, omissions or other professional acts), or otherwise, shall be deemed waived unless made by the Client in writing and received by WBC within one (1) year after Client reasonably Imew or should bave (mown of its existence, but in no evert, shall such claim be asserted by Client later than two (2) years after W ICs completion of services with respect to which the claim is made. SECTION 12: ARBITRATION OF DISPUTES a. Claims, disputes or other matters in qucstivn bctwcen rho parties to this Agreement arising out of or relating m this Agreement or the breach thereof shall be subject to and decided by arbitration In accordance with the Construction Industry Arbitratun mice of the American Arbitration Association currently in effect, such arbitration to be held in Chicago, Illinois, unless the parties mutually agree otherwise. b. Demand for arbitration shall be filed in writing with the other party To this Agreement and with the American Arbitration Association. A demand for arbitration shat[ be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made otter the date when institution of legal or equitable proceeding based on such claim, dispute or other matter in question would be barred by applicable statutes of limitations mhjcot is Section 10(e) above_ WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 2009 -A1 Page 3 of 4 c. No arbitration arising out of our relating to this Agreement shall iaclude, by consolidation, joined or in any other manner, an additional person or entity not a party to this Agreement except by written consent of WBC, Client and any outer parson or entity sought to be joined. d. The sward tendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. SECTION 13: DMMINATION, a. This Agreement may be terminated by either party upon at least seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the tors hereof through no fault of the terminating party. Such termination shall not be effective if the substantial failure has been remedied before expiration of the period specified in written notice. b. WBC may terminate this Agreement if the Clicnt suspends WBC's services for mart than sixty (6D) consecmlve days through no fault of WBC's. C. This Agreement may he terminated without cause by either party open at least sixty (60) days' written notice. d. If this Agreement is terminated, WBC shall be paid for services performed prior to the termination date set forth in the notice plus termination expenses. Termination expenses shall include costs attributable to personnel and equipment rescheduling and re- assignment and all other costs incurred directly attributable to termination. SECTION 14: MISCELLANEOUS a. In [he event that any provision (Or portion thereof) herein shall be deemed invalid or unenforceable, the other provisions hereto shall remain in full farce and effect, and binding upon the parties hereto. In such event, the provisions found to be Invalid shall be deemed m be reformed so that the intent of such provision will he enforced to the maximum extent permitted by applicable law. b. The heading or title of a section is provided for convenience and information and shall not serve to alter or affect the previsions 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 services and the lomtitmtiah of the Agreement. d. Unless otherwise provided, the substantial law of the State of Indiana will govern the validity of Ibis ugreemcnt, its interpretation and performance, and remedies for contract breach or any other claims related to this agrecracm. e. WBC shall apply professional judgment in delonnining 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 slandmds cited by WBC. E Unless specifically stated in WBC's Proposal, it is understood the costs for implementation of the work ore based on privately owned projects utilizing merit (non - onion) wages and employees. Government funded or publicly owned pmjects that require prevailing wages will have specific Ices identified WEAVER BOOS CONSULTANTS, LLC General Terms and Conditions Version 20WAI Page 4 of 4 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. & In the event that WBC borrows or uses equipment or machinery, including but not United to stationary, mobile and non -road mobile equipment, from the Client, it is agreed ibat the equipment is being rented for the sum of $1,00 and other considerations uniesa a specific rental agreement 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 subconhactors, testing laboratories, ramcdiation contractors, and specialized consultants. Client shall not assign its duties and obligations hereunder without the prior written consent of wBC. I WEAVER BOOS CONSULTANTS, LLC 4085 MEGSAN BEELER COURT SOUTH BEND, INDIANA 46628 Voice: (574) 271 -3447 Fax: (574) 271 -3343 PROPOSAL ACCEPTANCE SHEET Description of Services: Environmental Services Project: IVY Tower Facility Renovation Project Property Address: 635 S. Lafayette Blvd and 600 United Drive Project City /State: South Bend, Indiana Date: 7/19/2012 Proposal: WBCP- 001 -16 -12 Fee: Task 1(Site Characterization) — $ 8,826,00 Task 2 (Bid Document Preparation) - $ 26,882.00 Task 3 (Environmental Response) - $ 53,332.00 Task 4 (Project Management) - $109,680.00 Total Fee: $ 198,720.00 For approval and payment of charges, invoices will be charged to the account of Firm: South Bend Redevelopment Commission Attention: Mr. Bill Schalliol Street Address: 227 West Jefferson Blvd. Telephone: 574 -235 -9374 City /State: South Bend, Indiana Fax: 574- 235 -9021 Zip Code: 46601 This AGREEMENT is subject to the following special provigions/payment schedule: See attached proposal. Accepted by: City of South Bend By (Signature) By (Type/Print) Accepted Page 1 of 1 20 Weaver Boos Consultants, LLC (Signature) Douglas G. Dorgan, CPG By (Type/Print) Title Accepted July 19,E 2012