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HomeMy WebLinkAbout6A(1) 6A ( I) r Department of Community Investment Memorandum Monday, March 10, 2014 TO: Redevelopment Commission FROM: Jitin Kain SUBJECT: Professional Services Agreement for Phase II Environmental Assessment at Hill & Colfax Attached to this memorandum is a professional services agreement by Jones Petrie Rafinski (JPR)for Phase II Environmental Site Assessment for the Hill &Colfax property. JPR has recently completed a draft of the Phase I site assessment and concluded that there were limitations in the prior Environmental Assessment and Remediation work, with most of the work being performed on one of the three parcels that make up the development site. JPR is recommending a Phase II Environmental Site Assessment which would include soil samplings and groundwater samplings across the site. Colfax Hill Partners, LLC, the developers for the site have agreed to split the cost of the Phase II work equally with the Commission. Staff requests approval of the attached Professional Services Agreement in the amount not to exceed $3,545. 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND JONES PETRIE RAFINSKI THIS AGREEMENT is made effective the day of March, 2014, by and between the City of South Bend, Indiana, Department of Community Investment, acting by and through the South Bend Redevelopment Commission (the "City") and Jones Petrie Rafinski having their principal place of business at 412 S. Lafayette Blvd., South Bend, IN 46601(the "Contractor"). For and in consideration of the mutual covenants and promises contained herein, the City and the Contractor hereby agree as follows: Section 1. Duties of the Contractor. The Contractor shall provide the Services which are more particularly described at Exhibit "A" attached hereto and incorporated herein. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. Section 2. Consideration. The Contractor will be paid 50% of the total fee as set forth in Exhibit "A". The remainder of the 50% fee shall be covered by Colfax Hill Partners, LLC, as stated in Exhibit "B". The total consideration under this Agreement shall not exceed the sum of Three Thousand Five Hundred Forty Five and 00/100 Dollars ($3,545.00). Any payment that the City may deny or withhold or delay shall not be subject to penalty or interest pursuant to Indiana Code §5-17-5. Section 3. Term. This Agreement shall be effective for a period of twelve (12) months commencing on March 13, 2014 (the "Effective Date") and shall end on March 13, 2015 (the "Expiration Date"). Section 4. Assignment; Successors. The Contractor shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the City. Section 5. Changes in Scope of Services. The Contractor understands and agrees that it shall not commence any additional work or change the scope of the Services provided unless authorized in writing by the City. No claim for additional compensation shall be made by Contractor in the absence of prior written approval by the City. Section 6. Reversion of Assets. At the conclusion, cancellation, assignment or termination of this Agreement, all work product in whatever form, written, electronic, or otherwise, shall be delivered to the City, and the Parties hereby agree the City and not the Contractor or any of the Contractor's subcontractors or agents, has any ownership interest in the work performed as part of this Agreement. Section 7. Relationship/Independent Contractor. Both parties, in the performance of this Agreement, shall act in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employee(s) or agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the other party for any purpose whatsoever. Neither party will assume liability for any injury (including death) to any person(s), or damage to any property, arising out of the acts or omissions of the agents, employees or subcontractors of the other party. The Contractor shall be solely responsible for providing all necessary unemployment and workers' compensation insurance for the Contractor's employees. Contractor is solely responsible for compliance with federal, state and local laws and regulations relating to taxes and social security payments that may be required to be made in connection with the compensation provided under this Agreement. The City, however, may file informational returns with the United States Internal Revenue Service or similar state agency regarding payment made to Contractor in accordance with this Agreement under conditions imposed by federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if applicable. Section 8. Funding Cancellation and Payments. In accordance with I.C. 36-1-12.5-5(d)(4), payments by the City are subject to appropriation by the South Bend Redevelopment Commission. Section 9. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that he/she is the properly authorized representative, agent, member or officer of the Contractor, that he/she has not, nor has any other member, employee, representative, agent or officer of the Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Agreement other than that which appears upon the fact of this Agreement. II Section 10. E-Verify. The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor is not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall require his/her/its subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty(30)days after being notified by the City. Section 11. Minority and Womens Enterprise Diversity Development. Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority • Business ("MBE")or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest,responsible,responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. Notwithstanding the foregoing, the award and performance of all City contracts shall comply with applicable federal, state, and local laws. Section 12. Signing Authority. The person signing on behalf of the Contractor represents that he/she has been duly authorized to execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable approvals to make this Agreement fully binding upon the Contractor after acceptance by the City. Section 13. Drug-Free Workplace. The Contractor hereby agrees to make a good faith effort to provide and maintain a drug-free workplace. The Contractor will give written notice to the City within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. Section 14. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Contractor agrees to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. The Contractor shall comply with federal, state and local law in its hiring and employment practices and policies for any activity covered by this Agreement. Further, the City shall not be required to pay for Services that are inconsistent with or in violation of this Agreement nor for any Services performed in violation of federal, state or local statute, ordinance, rule or regulation. Section 15. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. (Remainder of page intentionally left blank) • IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. JONES PETRIE RAFINSKI By: CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed Name and Title South Bend Redevelopment Commission ATTEST: Signature Printed Name and Title South Bend Redevelopment Commission Signature Page to Service Agreement by and between Redevelopment Commission and Jones Petrie Rafinski EXHIBIT A Scope of Services See Proposal by Jones Petrie Rafinski Dated 3/10/2014 Attached Hereto EXHIBIT B Letter from Colfax Hill Partners, LLC confirming obligation to cover 50% of the Phase II Environmental Site Assessment fee as stated in Exhibit A Dated 3/10/2014 Attached Hereto • JONES PETRIE RAFINSKI Engineering • Planning • GIS • Landscape Architecture • your one single source Surveying • Environmental • Renewable Energy • Architecture March 10, 2014 Ms. Audra Sieradzki Colfax Hill Partners, LLC 1115 Burns Avenue South Bend, Indiana 46601 And Mr. Jitin Kain, Director of Planning City of South Bend Department of Community Investment 227 W. Jefferson Blvd., Suite 1400 S South Bend, Indiana 46601 RE: PROPOSAL FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT, NORTHWEST CORNER OF INTERSECTION OF COLFAX AVENUE AND SOUTH HILL STREET, SOUTH BEND, INDIANA (PROPOSAL #JPRE14-008) Dear Ms. Sieradzki and Mr. Kain: As you are aware, Jones Petrie Rafinski (JPR) has been retained by the City of South Bend, Department of Community Investment for the completion of a Phase I Environmental Site Assessment of the proposed Colfax Hill Partners, LLC development site, located at the northwest corner of the intersection of East Colfax Avenue and North Hill Street. Existing snow accumulation at the subject site has prevented us from completing the Phase I efforts. However, based upon our initial review of the prior environmental site assessment documents and the proposed future development of the site, we believe that there is a potential need for additional Environmental Assessment to further evaluate the potential for on-site contamination with respect to historical service station operations, and the potential for impacts from drainage and potential contaminant migration. Accordingly, the following subsections present our understanding of the prior environmental assessments and the need for additional environmental assessment. Per your request, We have also presented a proposed Scope of Services and Estimated Fee for the completion of such services. PRIOR ENVIRONMENTAL ASSESSMENTS Phase I Environmental Site Assessment (portions only) — dated March 11, 2002, as completed for the City of South Bend Community and Economic Development by EIS Environmental Engineers, Inc. Subject site is identified as two parcels owned by Mr. Ernest Bryant (529 and 517 East Colfax Avenue), and an adjoining vacant lot (211 North Hill Street), being owned by Vern V. and Mary Margaret Planck. jprl source.com The following summarized information provided through interviews conducted with Mr. Bryant: 529 East Colfax— Owned by Mr. Bryant dating to 1974, leased by Mr. Bryant dating from 1965 through 1974. Facility operated as an automotive trim shop through 1995, specializing in custom automotive interiors, stereo systems and after-market accessories. Indicated that there was no engine repair of body work performed at the location during his ownership, and that at the time of his occupation (1965), the in-ground hoists within the two service bays of the building had been removed. Also noted that the facility contained two UST systems (750-gallon, 1,000-gallon) owned by Sun-Ray DX (local supplier). UST systems were located along the western side of the building and were connected to pump dispensers along the south side of the building. In 1966, Sun Ray DX removed the two UST systems, and replaced them with a smaller 500-gallon fiberglass, gasoline UST system (details of removal of older systems undocumented). Mr. Bryant operated the 500-gallon UST from 1966 through 1974 for personal use only. In 1974, Sun Ray DX removed the 500-gallon UST to allow for expansion of the building to the west (details of UST removal undocumented). Mr. Bryant ceased operations at the facility in 1995, which remained vacant through 1998, at which time former employees operated a similar auto trim business (J.D"s Automotive) for approximately one year. In 1999, Mr. Bryant contracted the demolition of the former service garage/gas station building, leaving the foundation slab. Mr. Bryant was not aware of any remaining UST systems on the property at the time of demolition. 517 East Colfax — Owned by Mr. Bryant since 1991; prior building occupied and subsequently demolished by same contractor used to demolish the former service garage/gas station at 529 East Colfax address (1999, leaving only foundation slab). Mr. Bryant was not aware of any UST systems on the property at the time of demolition. Noted that historical tenants occupying the former building (between 1961 and 1970) included Sherman's Quality Cleaners and Crystal Cleaners & Laundry, both of which were thought to be drop-off locations only. 211 North Hill Street - Owned by Vern V. and Mary Margaret Planck Family Trust; prior structure thought to have been limited to residential and small storefront (east side — grocery store) through 1970. Buildings remained vacant through early 1970s, at which time a fire resulted in damage to eventually cause demolition. Lot has remained vacant since building demolition. Mr. Bryant was not aware of any UST systems having been located on the property. Phase 1 Environmental Site Assessment — dated February 2008, as completed for the Indiana Finance Authority, c% Indiana Brown fields Program, as prepared by Hull & Associates, Inc. Subject site identified as three land parcels totaling approximately 0.5-acres and having addresses of 211 North Hill Street, 517 East Colfax Avenue and 529 East Colfax Avenue, being generally located at the northwest corner of the intersection of East Colfax Avenue and North Hill Street, in South Bend. Historically the subject site operated as a gasoline filling station under various names and ownership dating from 1939 through 1968, with subsequent operation as an automotive conditioning and trim shop from 1968 through closure in 1998. The City of South Bend acquired to subject site in 2003, eventually (2005) undertaking to removal of the existing building foundations in 2005, resulting in the gravel covered lot that is used for parking by area patrons, and as a lease location for billboard advertisement by Burkhart Advertising Corporation. The Phase I noted the historical presence of the 1,000-gallon, 750-gallon and 500-gallon USTs, as well as the potential presence of other non-documented UST systems and AST tanks as Recognized Environmental Conditions (RECs). Shallow Ground-Penetrating Radar (GPR) Survey — dated March 12, 2008, as performed by Superior Environmental Remediation90, Inc. for Delta/Hull Associates, Inc. 2 Survey limited to the parcel identified at 529 East Colfax, utilized an approximate 4-foot grid in both north-south and east-west directions. Notes that the western and northwestern portions of the property were snow-covered and that snow interferes with the radar signal; therefore survey not performed on these areas of the site. The report noted that the southern side of property was covered with plowed snow and was therefore considered inaccessible. Site conditions for accessible areas were identified as a muddy gravel surface with staining water present in isolated areas of the property. SER90 stipulated that "saturated conditions at the surface partially inhibited the radar signal, which reduced the clarity of the data generated. However, SER90 stated that the quantity of shallow and near-surface anomalies may be masking the identification of "deeper" anomalies (3-feet or greater). Analysis of the data revealed the presence of large metallic anomalies on the eastern side of the property that would be consistent with the presence of USTs lying end to end, as well as the presence of an excavated area surrounding the tanks. The presence of tanks was evident on the north-south scans; however the east-west profile indicated several shallow anomalies that appeared to be masking the presence of the tank system. Phase II Environmental Site Assessment - dated June 18, 2008, as completed for the Indiana Finance Authority, c% Indiana Brown fields Program, as prepared by Hull & Associates, Inc. Planned scope of services for the project included: 1) Completion of a surface geophysical survey using GPR in an effort to locate orphaned Underground Storage tanks (USTs) beneath the site in areas of historical petroleum station operations; 2) Installation of up to seven direct-push soil borings and analysis of soil samples to identify the potential presence of chemicals of concern in areas that may have been impacted by historical operations at the site; 3) Collection of groundwater samples to evaluate the potential presence of COCs in groundwater underlying the site; and 4) Preparation of a Phase II Report Subsurface anomalies consistent with USTs were detected on the eastern portion of the site by the GPR performed by SER90. During the installation of borings SB-3 and SB-4 in the vicinity of the suspected USTs, no abnormal resistance was noted while drilling, and no evidence of a UST was noted during the logging of soils from the boring. Borings installed in pre-selected locations consistent with anomalies identified from GPR Survey and Potential former UST/Dispenser Island Location based on Phase I Site Assessment. No soil or groundwater samples collected during the investigation exhibited concentrations of COCs exceeding Indiana RISC IDCLs, nor were laboratory detection limits exceeded at any sampling location. Therefore, based upon the results of the Phase II Site Investigation, Hull Associates determined that historical operations at the site did not appear to have impacted soil or groundwater underlying the site. No Further Action Determination Pursuant to Risk Integrated System of Closure (RISC) - dated July 28,2008, as issued by the Indiana Department of Environmental Management Brownfields Staff, as presented to the City of South Bend, Department of Community and Economic Development The document summarizes the background information regarding historical operations conducted at the subject site, and references the Phase I/II Environmental Site Assessments conducted by Hull and Associates. Notes the analysis of soil and groundwater samples included Total Petroleum 3 Hydrocarbons-Gasoline Range Organics (TPH-GRO), BTEX and MTBE in accordance with RISC guidelines. Based upon the results, all of which were below the laboratory detection limits, which were at or below the RISC Residential Default Closure Limits (RDCLs) for the constituents analyzed. Based upon these factors, IDEM concluded that no further response actions were deemed necessary, based on information known to IDEM at the time of the determination. Summary Evaluation — Based upon our review of the limitations identified by the GPR Survey, the documentation that the former UST systems were located along the western side of the former building and the location for sampling established primarily along the eastern and southern portions of the subject site; JPR believes that there is a potential that historical UST systems and/or other service station related equipment/operations has a potential for impacting soils beneath the former gasoline service station structure. It also seems that the presence of only 1,000-gallon and 750-gallon UST systems as part of a historical gasoline service station is somewhat unusual. Such operations typically involve tanks that are 5,000-gallons to 10,000-gallons in size. Furthermore we note that the area of the former UST systems was built over with the western addition to the automotive reconditioning center in 1974, and the absence of any documentation regarding the closure of any of the UST systems removed from the site, only the accounts of Mr. Bryant for the 1,000-, 750- and 500-gallon systems. Regarding the previous Phase II, there were very limited number of soil borings placed within the footprint of the former service station (SB-2 and potentially SB-7), where it is likely that floor drains, waste oil tanks and hydraulic lifts may very well have been present. Furthermore, with groundwater flow in the area of the site being predominately westward, there are no soil borings that have been installed to the west of the building, or for that matter on either of the parcels not directly associated with the former service station operations (north and west). As such the potential for on-site migration of contaminants from off-site sources to the east and north have not been evaluated relative to the subject site. Such facilities include the former Hi-Speed Car Wash (former fueling center with two UST systems removed, no documentation of closure available), former dry cleaning operations, etc. JPR also notes that current IDEM policy calls for the analysis of Volatile Organic Compounds (VOCs), Lead, Lead Scavengers and Naphthalenes. This expanded analysis versus that of TPH-GRO (no longer used by IDEM) and BTEX, allows for a more comprehensive assessment of potential impacts stemming from the possible historical use of solvents, lead in gasoline, cleaning and degreasing agents, etc. PROPOSED SCOPE OF SERVICES In response to the aforementioned environmental concerns, and in an effort to determine the extent to which, if any, potential impacts to the subsurface environmental have occurred; Jones Petrie Rafinski would propose a Phase II Environmental Site Assessment involving the collection and analysis of soil and groundwater samples to be used in the evaluation of such potential environmental impacts. It should be noted that such scope of work has been prepared prior to the completion of the Phase I Environmental Site Assessment, as commissioned by the City of South Bend Department of Community Investment, and is based primarily on a review of existing documentation, review of the environmental database search and Sanborn Fire Insurance Maps for the subject property. It should also be noted that Jones Petrie Rafinski has been somewhat limited in terms of our ability to conduct a thorough reconnaissance of the subject property based upon snow accumulations for the South Bend area during the month of January and February. Some modification to our concerns and/or recommendations relative to the proposed scope of services for Phase II Environmental Assessment may be appropriate following the site reconnaissance. 4 Task 1 — Geoprobe Installation for Soil Sampling Using Geoprobe methodologies (small, track mounted, hydraulically driven, sampling probe) soil samples will be collected from a total of seven (7) locations across the subject site. Proposed soil boring locations are based upon the results of historical document review and locations of identified concerns as documented from the prior investigations. Reasons for sampling, proposed analyses and tentative locations for proposed borings are summarized, as follows: Proposed Reason for Concern/Sampling Proposed Boring Analyses Number Southwest corner side of former building foundation, potential VOCs, Naphthalenes, Lead and contamination from former UST systems Lead Scavengers 2 Area of former garage service bays VOCs, Metals, PCBs 3 Area of former garage service bays VOCs, Metals, PCBs 4 Western property boundary (migration of contaminants VOCs, Naphthalenes, Lead and Lead Scavengers 5 Northwestern property boundary(migration of contaminants) VOCs, Naphthalenes, Lead and Lead Scavengers 6 Western central area of site (migration of contaminants) VOCs, Naphthalenes, Lead and Lead Scaven.ers) 7 Northeastern property boundary (migration of contaminants) VOCs, Naphthalenes, Lead and Lead Scavengers For Geoprobe boring locations, discrete soil samples will be collected at 5-foot intervals throughout the soil profile until saturated soil conditions are encountered. Each soil sample interval will be screened for the presence of volatile organics by placing a portion of the soil sample into a plastic bag, allowing time for equilibration, and insertion of a photo ionization detector (PID) probe to observe a reading of "total VOCs" in parts per million (ppm). All data associated with the field screening of VOCs will be recorded for future reference (Soil Boring Logs). In addition, a portion of each discrete sampling interval will also be collected for submittal to a laboratory. Jones Petrie Rafinski proposes to submit a minimum of at least one sample from each of the seven (7) proposed boring locations for Volatile Organic Compounds (EPA Method 8260) based on the PID field screening results and/or other indications of the presence of potential contamination (visual or olfactory). If field screening with a PID, visual or olfactory observations do not indicate the presence of contamination, the depth intervals immediately above the soil/groundwater interface will be submitted for laboratory analysis. In addition, samples collected from within the former service station building will also be analyzed for the presence of RCRA Metals (EPA Method 6010B, 7470-7471) and PCBs (EPA Method 8082). Should any significant oil staining be identified from these same locations, analysis of Polynuclear Aromatic Hydrocarbons (EPA Method 8270 SIM) will also be requested (client to be notified if encountered). Jones Petrie Rafinski will utilize IDEM guidance Terra-Core Methods to collect soil samples from each sampling interval for the analysis of Volatile Organic Compound (VOC) constituents. All soil samples will be labeled, packed on ice and forwarded to the laboratory under chain-of-custody procedures. 5 Task 2- Groundwater Sampling Jones Petrie Rafinski proposes to convert each Geoprobe boring location to a temporary well with insertion of a Geoprobe groundwater sampling device, allowing for extension of a stainless steel slotted screen for collection of a groundwater sample at predetermined depth intervals in the saturated zone. Once advanced to the desired depth (typically 5' into the saturated zone) the well would be purged until such time as the water discharge becomes relatively free of solids or until at least two (2) gallons of water has been removed. Prior investigations indicate that the saturated zone ranges from 10' to 15' below ground surface at the subject site. Jones Petrie Rafinski proposes that groundwater from each of the temporary wells be analyzed for Volatile Organic Compounds, Lead Scavengers and Naphthalenes via EPA Method 8260, as well as Lead (total and dissolved), and possibly PAHs (depending upon the identification of any staining of the soils identified during soil sample collection (client to be notified). Each groundwater sample will be appropriately labeled, packed on ice, and forwarded to the laboratory (priority overnight delivery) under chain-of-custody procedures. Analysis will also include the analysis of QA/QC samples, to include a matrix spike and matrix spike duplicate. Jones Petrie Rafinski will plug the boreholes/temporary wells with bentonite once soil and groundwater sampling activities have been completed. TASK 3-REPORTING Upon receipt of the laboratory analyses, data will be reviewed and tabularized. Comparison of the data for each respective chemical constituent will be made to the Indiana Department of environmental Management, Office of Land Quality, Remediation Closure Guide, Screening Levels Summary Table A- 6, dated March 1, 2013. Upon completion of the initial data review, a "Letter Report" will be prepared which presents the sample collection and analytical methodologies used during the field phase of the assessment. Copies of the sample location maps, tabulated data and comparison to Remediation Screening Levels will also be incorporated. Recommendations for any additional assessment activities will be made for review and comment. SCHEDULE Jones Petrie Rafinski proposes to commence the Phase II Site Assessment activities within one week of receipt of notification to proceed, depending on weather. utility clearance and Geoprobe availability. Once a specific date for the field component of the Phase II has been established, Jones Petrie Rafinski will notify the client. Upon mobilization, we anticipate completion of the soil and groundwater sampling will only require one day of Geoprobe work; however, if because of circumstances beyond our control (i.e. obstructions, collapsing borehole, non-recovering well), completion of Geoprobe services requires additional field time, you will be billed accordingly. Laboratory analyses will be completed by Pace Analytical on standard one week turnaround from receipt by the laboratory. Our initial discussion of results will occur within three (3) days of receipt of laboratory analytical results. Our written "Summary Letter Report" will be submitted within one (1) week of the initial conference. ESTIMATED COSTS An ESTIMATED COST for performing the Phase II Environmental Assessment is presented as follows: Field Engineering Services/Project Management $1,200 Geoprobe Rental (assumes 2-days @ $1,800/day, including mobilization) $1,800 6 Laboratory Analysis: 8 soil samples for % Moisture © $10/sample (includes duplicate) $ 80 8 soil samples for VOCs, Naphthalenes & Lead Scavengers © $95/sample (w/ QA/QC) $ 760 5 soil samples for Lead © $15/sample $ 75 3 soil samples for RCA Metals @ $85/sample (w/ QA/QC) $ 255 3 soil samples for PCB @ $85/sample (w/ QA/QC) $ 255 10 groundwater samples for VOCs, Naphthalenes and Lead Scavengers @ $95/sample (w/ QA/QC — Trip Blank, duplicate, and Matrix Spike/Matrix Spike Duplicate) $ 950 10 groundwater samples for Total Lead (w/QA/QC —Trip blank, duplicate and Matrix $ 200 Spike/matrix spike duplicate) © 20/sample 7 groundwater samples for Dissolved (filtered) Lead @ 45/sample $ 315 Reporting $1,200 ESTIMATED COST $7,090 Please note that this ESTIMATED COST should be considered a Project Maximum, which Jones Petrie Rafinski will not exceed without prior approval. However, should the scope of services require modification (i.e., additional/less borings) based upon field conditions and/or circumstances that would not have otherwise been anticipated, Jones Petrie Rafinski will notify the client of such "changed conditions" and resultant cost implications to the project. NOTE: The cost for completion of this Phase II Environmental Site Assessment, per agreement between Colfax Hill Partners and the City of South Bend, and with the approval of Jones Petrie Rafinski, is to be a shared cost, with each party responsible for payment of 50% of the Total Charges Incurred. If the project is ongoing, our services will be billed monthly. Payment is due upon receipt of our invoice. Work can be suspended on any account which is 30 days past due until the account is paid in full. We reserve the right to charge monthly interest at the rate of 1.5% if the account is past due (18% annually). Should you have any questions or comments concerning our services or charges during the course of the work, please bring them to our attention immediately for quick resolution. LIMITATIONS/QUALIFICATIONS The sampling and testing of soil, groundwater and/or other materials not specifically identified in this proposal is beyond the scope of services for this project. Cost estimates for our proposed services have been prepared based on the following assumptions: • Jones Petrie Rafinski will have unlimited access to the site during daylight hours; • No subsurface obstructions (buried utilities or fill debris) will interfere with our work; • Groundwater will be encountered within 20-feet of ground surface; • Inclement weather will not interfere with the completion of our field work; • Soil cuttings and purge waters will be returned to the boring from which they were generated, with the remainder of the boring filled with bentonite pellets to land surface. This Phase II Environmental Site Assessment should be considered as a "tool" in the evaluation of the subject site relative to the potential presence of contaminants, and does not necessarily fulfill Indiana Department of Environmental Management (IDEM) guidelines for delineation of contaminants identified within soil or groundwater. 7 AUTHORIZATION Jones Petrie Rafinski appreciates the opportunity to be of service on this project, and is prepared to commence work immediately upon your acceptance of this Proposal. Should you have any questions or require additional information, please contact me at (574) 232-4388. Based upon the payments terms, Jones Petrie Rafinski will require the independent Authorization of both parties (Colfax Hill Partners and the City of South Bend). If acceptable, please execute the Proposal by signature, where indicated. and return a copy via e-mail (cphifer(jprlsource.com), facsimile (574) 232-4333) or the South Bend office via the U.S. Mail Sinc ly, /14133--/ Conley B. Phifer. CHMM Environmental Department Manager J\Proposals\Colfax Hill Partners\Colfax and Hill PH II 03-11-14 doc 8 PROPOSAL ACCEPTANCE — Colfax Hill Partners (50%) This Proposal (PROPOSAL FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT, NORTHWEST CORNER OF INTERSECTION OF COLFAX AVENUE AND SOUTH HILL STREET, SOUTH BEND, INDIANA (PROPOSAL #JPRE14-008) is hereby accepted and authorization to proceed hereby granted: Accepted By: Date: Printed name and title: Business name: Billing address: Billing/account manager: Phone No.: Fax No.: E-mail: Point of Contact for Gaining Access to Property: Phone No. for Point of Contact: Please note: Jones Petrie Rafinski offers electronic invoicing if requested. Please sign below if you would prefer that option. I prefer to have my invoice transmitted through electronic email: The party who signs this Proposal is directly responsible for the charges incurred during the completion of our work. J■Proposals\Colfax Hill Partners\Colfax and Hill PH II 03-11-14 doc 9 PROPOSAL ACCEPTANCE — City of South Bend (50%) This Proposal (PROPOSAL FOR PHASE II ENVIRONMENTAL SITE ASSESSMENT, NORTHWEST CORNER OF INTERSECTION OF COLFAX AVENUE AND SOUTH HILL STREET, SOUTH BEND, INDIANA (PROPOSAL #JPRE14-008) is hereby accepted and authorization to proceed hereby granted: Accepted By: Date: Printed name and title: Business name: Billing address: Billing/account manager: Phone No.: Fax No.: E-mail: Point of Contact for Gaining Access to Property: Phone No. for Point of Contact: Please note: Jones Petrie Rafinski offers electronic invoicing if requested. Please sign below if you would prefer that option. l prefer to have my invoice transmitted through electronic email: The party who signs this Proposal is directly responsible for the charges incurred during the completion of our work. J:1Proposals\Colfax Hill Partners\Colfax and Hill PH II 03-41-14 doc 10