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Home My WebLink About6B(1) t d ( i) �° DC epartment of `` � . : Community Investment Memorandum Monday, March 24, 2014 TO: South Bend Redevelopment Commission ,�J i FROM: Ann Kolata &Chris Dressed G-' SUBJECT: Proposal from Weaver Boos Consultants Proposal for Comfort Letter, Indiana Brownfield Program Letter and Associated Phase I Environmental Site Assessments and Phase II Soil and Groundwater Sampling - Union Station Technology Center project The attached proposal from Weaver Boos Consultants outlines a number of activities required for the Union Station Technology Center project. They include: • Completion of a Phase I Environmental Site Assessment for the Millennium site at 604 S. Scott Street and preparation of an application to the Indiana Brownfield Program for a Comfort/Site Status Letter. This work also includes preparation of a draft Environmental Restrictive Covenant for the site. • Completion of a Phase I and Phase II Environmental Site Assessment for the Ivy Tower property and preparation of an application for either a letter from the Indiana Finance Authority Brownfields Program ("Brownfields") regarding the status of the site and any applicable liability exemptions, a No Further Action Letter or an application to the Voluntary Remediation Program. This work includes preparation of a draft Environmental Restrictive Covenant for the site that will be submitted to Brownfields or the Indiana Department of Environmental Management ("IDEM"). The Phase II work will include soil and groundwater sampling both north and south of the buildings and in the vicinity of Transformer room #3. The schedule for this work is to have the Phase I Environmental Site Assessments completed within four weeks and the Phase II investigation within approximately eight weeks. Some of the work is dependent on the groundwater sampling in the area being conducted by Hull & Associates and also by the cleanup work required at Transformer Room #3. It is estimated that the Comfort/Site Status letters could take an additional 120 days or longer, depending on the complexity of the PCB remediation. The total cost of this contract $43,394. This work has been anticipated for some time as part of our partnership on the USTC project. Your approval of this proposal is requested. 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV I/VEAYER BOOS CONSiTiII'ANTS March 4, 2014 Proposal LLCP-001-07-14 Mr. Chris Dressel City of South Bend Department of Community Investment 227 W. Jefferson Blvd. South Bend,IN 46601 Re: Proposal for Comfort Letter Former Millenium Environmental,Inc. 604 S. Scott Street South Bend,Indiana Proposal for Indiana Brownfield Program Letter Ivy Tower Complex 635 S. Lafayette Blvd and 600 United Drive South Bend,Indiana Dear Mr. Dressel: Weaver Boos Consultants, LLC (Weaver Boos) appreciates the opportunity to provide this proposal to the South Bend Redevelopment Commission (SBRC), the client, for the necessary environmental oversight services required to complete the following: • Indiana Department of Environmental Management (IDEM) Comfort Letter issued from the Indiana Brownfield's Program (IBP) for the property identified as the Former Millennium Environmental Inc. Site (see Figure 1). • IDEM Liability Exemption Letter issued from the IBP for the property identified as the Ivy Tower Complex (see Figure 2). BACKGROUND INFORMATION Millennium Environmental, Inc. On July 8, 2010, the Indiana IBP issued an IDEM Comfort Letter to the SBRC, prospective purchaser at the time, for the former Millennium Environmental, Inc. property located at 604 S. Scott Street, South Bend, Indiana. The Comfort Letter was issued to address applicable 4085 Meghan Beeler Cowl•South Bend, Indiana 46628•Phone: (574)271-3447•Fax: (574)271-3343 www.weaverboos.com Mr. Chris Dressel March 4, 2014 Page 2 of 18 limitations on liability and clarify the reasonable steps IDEM considered appropriate for the SBRC to take with respect to hazardous substances and petroleum products found on the property. Prior to the issuance of the Comfort Letter, IBP staff reviewed reports by Hull & Associates, Inc. (Phase I ESA, dated March 2010 and Phase I ESA Update Memorandum, dated April 21, 2010) to determine existing environmental impacts and potential liability at the property. Hull &Associates, Inc. (Hull) identified the following three recognized environmental conditions(RECs) associated with the site. • Historic Site Operations as a RCRA Treatment, Storage, and Disposal (TSD) Facility • Existing Waste Containers in former Container, Storage, Processing&Transfer Building. • Potential Fuel Oil Underground Storage Tank Associated with these RECs, IDEM identified tetrachloroethene, trichloroethene, benzene, toluene, arsenic, and lead impacts in the soil and groundwater beneath the site at concentrations that exceeded applicable residential default closure levels. As a result, the Comfort Letter was issued with the condition that an environmental restrictive covenant (ERC) be recorded on the deed for the site in the name of the SBRC to ensure no exposure to the contamination. Restrictions included the following: • Agricultural or residential usage was prohibited. • Potable groundwater usage from beneath the property is prohibited. No wells can be installed for any purpose other than for monitoring without prior IDEM approval. • Provide full cooperation to persons authorized to conduct environmental response action. • Cap soils exceeding industrial default closure levels or excavate impacted soils and dispose off-site. • Conduct indoor air quality assessment for soil vapor intrusion for any existing or newly constructed buildings on site. • Notify IDEM if land use changes. Weaver Boos understands that the ERC was not recorded, in light of the upcoming 2011 and 2012 demolition and soil removal project that was completed with IDEM oversight. Mr. Chris Dressel March 4,2014 Page 3 of 18 In March 2011, the former Millennium building was razed excluding a portion of the building foundation and concrete floor. In March and April 2012, with IDEM oversight, the remainder of the building foundation, concrete floor, and two areas of impacted soil beneath the floor were removed. The concrete floor previously acted as a "cap" (see Figure 1) covering the impacted soils exceeding industrial default closure levels. One area of impacted soil (30'x 30'x 5' deep) was located at the former loading dock and drum compactor. Approximately 227.5 tons of chlorinated solvent contaminated soil was removed and disposed of as nonhazardous waste at Prairie View Landfill in Wyatt, Indiana. The second location (10' x 12' x 10' deep) was located at the former conveyor and process control station. Approximately 60.49 tons of hazardous waste soil was disposed of at Wayne Disposal, Inc. located in Belleville, Michigan. There are no indications in the Demolition & Soil Excavation Report, prepared by ERS, Inc. dated June 5, 2012, for IDEM that any soil samples were collected from either excavation to verify that the soil exceeding default industrial closure screening levels had been removed. However, composite samples were collected and tested from each roll off container from the first excavation to verify that the excavated material was non-hazardous. As a result of the excavation project, the soil is no longer capped across any portion of the property. The property, as it presently exists, is an open vacant lot, void of any above grade structural improvement. Weaver Boos understands that a prospective purchaser plans to redevelop the property into a power station and concrete or asphalt paved parking lot used for staging equipment and semi trailers. The surface soils will be covered with concrete or asphalt. The prospective purchaser is seeking an IDEM Comfort Letter from the IBP prior to acquisition. Based on the current site conditions and background information, the prospective purchaser would likely be eligible for the IDEM Comfort Letter as long as the conditions outlined in the 2010 ERC are met. Please note that according to the background information this site is a former RCRA facility subject to RCRA corrective action requirements and IDEM Comfort Letters likely do not provide RCRA liability protection, as confirmed by Mr. Kevin Davis of the IDEM IBP. However, Mr. Davis believes that RCRA was satisfied with the corrective action activities that occurred in 2012 and will likely not seek further action on the site. Mr. Davis stated that the groundwater contamination may still be an issue if the conditions outlined in the 2010 ERC are not met by the prospective purchaser. 1 Mr. Chris Dressel March 4,2014 Page 4 of 18 Ivy Tower Complex In May 2013, Studebaker Building 84 LLC acquired this property comprised of three adjoining parcels located at 600 United Drive and 635 S. Lafayette Blvd (see Figure 2). This property is located immediately to the east of the aforementioned Millennium property and United Drive. The property consists of three main buildings referred to as Buildings 84, 112, and 113 and date to prior use as part of the former Studebaker Corporation which ceased operation in 1963. Prior to acquisition, a Phase I ESA was completed for the City of South Bend Community and Economic Development by Wightman Petrie, Inc. (WPI) in February 2012. The Phase I ESA identified the following recognized environmental conditions associated with the property. • Identified location of a former underground storage tank (UST) system along Building 113. • The potential presence of additional undocumented UST systems. • Undocumented spills and/or releases at the Site related to historical manufacturing operations including a former paint building located at the southeast corner of the site. • Absence of any documentation regarding historical disposal practices. • Documented soil and groundwater contamination on nearby properties. • The potential presence of PCB transformers, asbestos-containing materials, and lead- based paint. Note, the PCB transformers were removed in December 2013 and the asbestos-containing materials are currently being removed as of the date of this proposal with completion scheduled for April 2014. The concrete and underlying soils beneath the transformers in one room (Transformer Room #3, see Figure 3) have been impacted with PCBs and will require cleanup. Lead-based paint abatement is scheduled to commence in April 2014 and be completed in six months. Subsequently, WPI completed a limited Phase II ESA at the Site. WPI identified petroleum impacts 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 possibly limited to near the surface. The concentrations detected were above Indiana default industrial closure goals. Trichloroethylene was detected in groundwater samples collected from beneath the property at concentrations slightly above Indiana default residential closure goals. WPI also completed a ground Mr. Chris Dressel March 4,2014 Page 5 of 18 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 revealed no indications of subsurface anomalies consistent with the presence of buried USTs but did reveal indications consistent with UST(s) being removed and then the excavation being backfilled. In addition, south of Building 113, numerous foundations and buried debris were identified from previous buildings that once stood across the Site. Within one foundation there are indications of significant debris,possibly from the historical demolition activities. To promote redevelopment of the property and to satisfy potential lending institutions, Weaver Boos understands that the current owner, Studebaker Building 84, LLC, seeks a liability exemption letter or other closure confirmation from IDEM for the documented environmental concerns as described in the WPI Phase I and II ESA reports and recent findings regarding the PCB-impacted concrete and possibly soil within one former transformer room. Potential liability exemption letters from the IBP (referred to herein as "IBP Letters") include a Bona Fide Prospective Purchaser (BFPP) Comfort Letter, a Lender Liability Comfort Letter, a Contaminated Aquifer letter, a Site Status Letter and a No Further Action(NFA) Letter from the IBP. In the alternative, a party can seek an NFA issued from the Indiana State Cleanup Program (SCP), or a Certificate of Completion and Covenant Not to Sue Letter (CNS) from the Indiana Voluntary Remediation Program. Based on our understanding of the intentions of the property owner regarding redevelopment, possible lending institution requirements, project timetable, present documented environmental conditions associated with the property, and consultation with environmental counsel, the specific path forward for addressing the environmental conditions will be determined after receiving the results of the initial sampling proposed herein, as well as potentially further discussions with IDEM. For purposes of this proposal, Weaver Boos assumes that the owner will be pursuing an IBP Letter but if the site is placed into the SCP or VRP, this proposal will need to be amended to reflect the additional work involved. . Note that if the owner proceeds with the IBP,if at any time during the process an imminent threat to human health or the environment is identified or off-site properties are impacted, as a result of a source on-site, then the site maybe transferred from the IBP to the Indiana SCP. A remediation workplan (RWP) and remedial completion report will be required to be submitted and a NFA Mr. Chris Dressel March 4,2014 Page 6 of 18 letter will be issued to be obtained by the responsible party upon completion of remedial activities. PROPOSED SCOPE OF WORK A description of the environmental assessment services proposed by Weaver Boos is discussed in this section. Our estimated cost for completion of each 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 two concurrent phases: Phase I—Millennium Comfort Letter Task 1 —Complete IBP Comfort/Site Status Letter Request Form(State Form 51493) Task 2—Complete Phase I ESA(ASTM E1527-05 and ASTM E1527-13) Task 3—Complete draft Environmental Restrictive Covenant(ERC) Task 4—Submit Package to Client for Final Approval Phase II—Ivy Tower Complex Site IBP Letter Task 1 -Complete IBP Request Form Task 2—Complete Phase I ESA(ASTM E1527-05 and ASTM E1527-13) Task 3—Complete Phase II Environmental Site Assessment/Site Investigation Task 4—Complete draft Environmental Restrictive Covenant(ERC) Task 5—Submit Package to Client for Final Approval The Scope of Work for each of the individual tasks for each phase is presented below Scope of Work-Millennium Comfort Letter Task 1 —Complete IBP Comfort/Site Status Letter Request Form (State Form 51493) Weaver Boos will prepare State Form 51493 (see attached) with information provided by the client or client's counsel. Information to be provided by the client will include the letter recipient and mailing information. The name of the letter recipient should match the entity that will actually hold the deed to the property. Mr. Chris Dressel March 4,2014 Page 7 of 18 Task 2—Complete Phase I ESA(ASTM El 527-05 and ASTM E1527-13) Weaver Boos will complete a Phase I ESA in accordance with the new standard ASTM El527- 13 (which addresses the potential for vapor intrusion). The Phase I ESA will also meet the old standard, ASTM E1527-05. The Phase I ESA must be completed within 180 days PRIOR to taking title to the property and in the name of the IBP Comfort Letter recipient listed on State Form 51493. The letter recipient or authorized representative who signs State Form 51493 must also sign the Phase I ESA user questionnaire(see attached). The Phase I ESA will consist of the following general tasks: • Review of publicly available, reasonably ascertainable, and practicably reviewable ASTM El 527-13 specified standard government records. • Site reconnaissance in an effort to physically observe reasonably accessible interior and exterior areas of the Property, structures present at the Property and uses of adjoining properties from reasonably accessible public thoroughfares. • Evaluate the presence of radon at the Property by reviewing the EPA map of potential elevated radon concentrations,and county health surveys. • Visual assessment for obvious apparent conditions indicative of wetlands and an evaluation regarding whether the Property is within a 100-or 500-year floodplain. • Perform a Tier 1 Vapor Encroachment Screen (YES) to identify the presence or likely presence of contaminant of concern vapors in the subsurface of the Property caused by the release of vapors from impacted soil or groundwater either on or near the Property per ASTM E 2600-10; • Interview reasonably available current and past owner(s) and occupant(s) of the Property and local/state governmental agency representatives in an effort to obtain publicly available, reasonably ascertainable, and practicably reviewable information concerning the current and historical uses of the Property and adjoining properties. • Review of publicly available, reasonably ascertainable, and practicably reviewable historical records concerning the Property and adjoining properties in an effort to obtain information concerning the historical uses of the Property and adjoining properties. Mr. Chris Dressel March 4,2014 Page 8of18 • Prepare a written report that specifically lists any recognized environmental conditions identified during the course of the Phase I ESA, consolidates and discusses information gathered in the tasks described above,and appends any significant supporting documents. Weaver Boos will need the following information in order to initiate the proposed Phase I ESA: • A completed copy of the attached User-Provided Information Questionnaire, signed by the recipient of the IBP Comfort Letter; ASTM E1527-13 requires the user to provide recorded land title records and records of environmental liens or activity and use limitations recorded against the Property. If a review for recorded land title records needs to be obtained or completed by Weaver Boos, an additional fee will be incurred and will be invoiced in accordance with the attached Fee Schedule. Weaver Boos will inform the client of the additional cost associated with the recorded land title records review prior to incurring the cost. It is important to note that in order for the user (i.e., Comfort Letter recipient) to qualify for one II of the Landowner Liability Protections offered by 40 CFR 312, the user must provide the available information requested on the attached User-Provided Information Questionnaire. Weaver Boos requests that the user provide the requested information and/or any comments, such as if the information is not available, or unknown, and sign the last page of the questionnaire which affirms that the respondent has answered all questions to the best of the respondent's actual knowledge and in good faith. Lack of this requested information could result in data gaps in the findings of the Phase I ESA. Task 3—Complete draft Environmental Restrictive Covenant(ERC) Post acquisition, the prospective purchaser is required to satisfy certain statutory continuing or "due care" obligations with respect to known site contamination to maintain exemption. Based on the background information for this site, Weaver Boos believes that to demonstrate to the IBP that these obligations will be met, land use restrictions will be required (recording of an environmental covenant or ERC) to eliminate exposure pathways and to inform a technical opinion on appropriate reasonable steps for the prospective purchaser to undertake, to try to maintain the liability exemption. The name on the ERC should match the entity on the property deed, the Phase I ESA, and the user questionnaire of the Phase I ESA. A draft ERC will be Mr. Chris Dressel March 4,2014 Page 9 of 18 prepared by Weaver Boos and submitted with the IBP Comfort Letter Request for their consideration. The draft ERC will likely be similar to the unrecorded ERC prepared as part of the July 8, 2010 Comfort Letter issued to the City of South Bend Redevelopment Commission but may take into account, if applicable, the proposed usage of the site by the prospective purchaser and the 2011-2012 demolition and excavation activities. Note, the IBP will finalize their own ERC and attach the document to the Comfort Letter once issued. Once the site is acquired by the prospective purchaser, the document must be recorded on the deed for the site with a certified copy of the filed document returned to the IBP. Based on our initial review of the 2011-2012 demolition and excavation activities, a"cap"across the soils will likely still be required, as outlined in the 2010 Comfort Letter. To eliminate the "cap" requirement, additional soil sampling and testing may be necessary to demonstrate to the IBP that the soils exceeding default industrial closure levels were removed. Based on our review of the demolition and soil excavation summary report discussed earlier in this proposal, no soil verification sampling and testing was completed from the two excavations once the soil was removed. However, since the prospective purchaser plans to pave (or create a new"cap") across the site, Weaver Boos believes that no additional sampling or testing is presently warranted. Should this not be the case, then Weaver Boos reserves the right to modify this proposal to include limited sampling and testing if requested by the IBP. In preparing the ERC (and the Comfort Letter request), the prospective purchaser may need to provide to Weaver Boos their plans for the site. Task 4—Submit Package to Client for Final Approval Once Tasks 1-3 are completed, Weaver Boos will submit the package to the client for review, approval, and signature from the prospective purchaser, where applicable. At the option of the client, Weaver Boos can submit the package to the IBP upon approval. Scope of Work —Ivy Tower Complex IBP Letter Task 1 - Complete IBP Letter Request Form (State Form 51493) Weaver Boos will prepare State Form 51493 (see attached) for the IBP Letter(s)determined to be most appropriate with information provided by the client or client's counsel. Information to be provided by the client will include the letter recipient and mailing information. The name of the letter recipient should match the entity that actually holds the deed to the property (Studebaker Building 84 LLC). Mr. Chris Dressel March 4,2014 Page 10 of 18 Task 2—Complete Phase I ESA (ASTME1527-05 and ASTME1527-13) Although a Phase I ESA is not required to receive all of the IBP Letters (though it is for some), lending institutions typically require one to be completed. Further, the last Phase I ESA completed for the site was in February 2012 and the current owner has occupied and conducted operations at the site since May 2013. In order to meet liability exemption requirements, applicants generally must meet certain conditions, a number of which can be satisfied through • The completion of a Phase I ESA. A workplan for the completion of the Phase I ESA has previously been outlined in the first phase of this project. This Phase I ESA would be completed in the name of the current property owner and lending institution. Both entities would be required to complete user questionnaires as described previously. Task 3—Complete Phase II Environmental Site Assessment/Site Investigation Generally, to obtain most IBP Letters, the applicant must be able to demonstrate that current levels of contaminants at the site substantially meet current remediation objectives, as established by IDEM under the Remediation Closure Guide. Based on a review of the background information of this site as described earlier(including Phase I ESA, dated February 22,2012,and a limited Phase II ESA, dated March 23, 2012, both completed by WPI) both soil and groundwater impacts are present at the site. Weaver Boos opines that this information is not sufficient to indicate that the site "substantially" meets current remediation objectives. As a result, a soil and groundwater site investigation (Phase II ESA), is proposed to supplement the earlier investigation completed in 2012. The Scope of Work for the Phase II ESA or Task 3 will be subdivided into the following: 1. Soil Probe and Groundwater Sampling 2. Analytical Work 3. Report Note, the results of an updated Phase I ESA (Task 2) may be different that those of the 2012 Phase I ESA, therefore requiring that the following Phase H ESA scope be modified should costs increase. Further, Weaver Boos understands that Hull & Associates, Inc. (Hull) is currently conducting a regional groundwater monitoring program including possible sampling and testing of groundwater at or near the site. Hull will be providing Weaver Boos will their test results of samples collected at or near the site. These results may be used to supplement or replace portions of our investigation and therefore possibly modify the following Phase II ESA. If so, Mr. Chris Dressel March 4,2014 Page 11 of 18 then an updated revised proposal to complete the Phase II ESA will be forwarded to the client if costs increase. Client will be credited for work not necessary as a result of the Hull investigation. Soil Probe and Groundwater Sampling Soil To assess subsurface conditions, a series of soil probes will be advanced as located on Figure 3. It is proposed that the soil probes be advanced with a direct-push Geoprobe®sampling rig. Using these methods, each soil sampling location will first be probed to obtain continuous core samples suitable for soil classification. Samples will also be collected and field screened for the presence of volatile organic compounds (VOCs) by using a photoionization detector (PID). The probes will be advanced to a maximum depth of the water table (likely less than 25 feet below the ground surface(bgs)). However, in the area of the buried fill/foundations/debris located south of Building 113 field conditions (i.e., visual observations, olfactory indications, or PID readings) will dictate whether the probes continue to the groundwater table. However, a minimum of four soil probes will be advance to the water table in that area. Field indications (stained soil, fill, odor, elevated PID)will dictate what soil interval from which a soil sample will be collected and submitted to an analytical laboratory for analysis. If there are no field indications of impact then the soil sample will be obtained from the bottom of the probe or just above the groundwater table if groundwater is encountered. Laboratory-certified sampling containers for the soil will be filled in accordance with laboratory specifications. The samples will be placed into a cooler, packaged with ice to maintain a shipment temperature of approximately 4 degrees Centigrade, documented with a chain-of- custody form, sealed, and shipped overnight or hand-delivered to the selected analytical laboratory. Groundwater It is proposed that groundwater samples also be collected from select soil probes exhibiting qualitative indications of impact. Groundwater sampling will be performed using a Hydropunch- style tool at probe locations where groundwater is encountered. This tool consists of a hollow casing within which is a 4-foot length of#10-slot stainless steel well screen. Once soil sampling is completed at each probe location where groundwater sampling is also to be completed, the Mr. Chris Dressel March 4,2014 Page 12 of 18 well screen will be exposed beneath the groundwater. The groundwater sample will be collected by using an inertial WaTerra pump. The pump consists of a riser tube with a one-way valve at the foot and a surface pumping mechanism. The valve allows water to enter the tubing as it is pushed downwards, and retains the water when the tube is pulled upwards again. The inertia of the water itself provides the force to carry it up to the surface whenever the tube is being pumped up and down. The water travels in a continuous column, with little disturbance, thus retaining volatiles. Laboratory-certified sampling containers will be filled (and preserved) in appropriate order. Generally, the most volatile parameters are containerized first. Groundwater samples that are to be analyzed for volatile parameters will be collected in 40 ml vials sealed with Teflon-lined lids. The samples will be placed into a cooler, packaged with ice to maintain a shipment temperature of approximately 4 degrees Centigrade, documented with a chain-of-custody form, sealed, and shipped overnight or hand-delivered to the analytical laboratory. The proposed Scope of Work for each area of concern is described in the following sections. I) Transformer Room #3 Two (2) soil probes will be advanced to a depth of the water table adjacent to the former subgrade transformer room where the concrete floor has been documented to be impacted with PCBs. According to Hull, the groundwater flow direction in the area is towards the St. Joseph River, or to the north-northeast. As a result, the soil probes are to be located as shown on Figure 3, immediately downgradient. Soil and/or ground water samples will be collected from each probe. 2) Chemical/Petroleum Releases from Historical Usage Four (4) probes will be advanced north of Buildings 112 and 84 and one (1) soil probe will be advanced to the south of Building 84 in the courtyard (see Figure 3). The soil probes will be advanced to the depth of the water table. Only groundwater samples will be collected from these borings unless there are field indications of a soil impact. 3)Former UST Location Four (4) probes will be advanced using the step-out procedure discussed in Chapter 3 of the Remediation Closure Guide. These probes will be advanced to the depth of the water table. Soil Mr. Chris Dressel March 4,2014 Page 13 of 18 samples will be collected from each probe location and a minimum of two groundwater samples will be collected from this area. 4)Buried Foundation and Debris Four(4) soil probes will be advanced surrounding WPI GP-4 (where soil impacts were identified in the 2012 Phase II ESA, northwest corner of open lot south of Building 113) using the step-out procedure outlined in the Indiana RCG. The soil probes will be advanced to the water table. Soil samples will be collected from each probe and a minimum of two groundwater samples will be collected from the location. In addition, fourteen (14) soil probes will be advanced within the perimeter of the buried foundation and debris outside of GP-4. Background information indicates that this area is comprised of at 3-5 feet of buried foundation and debris. Also, a portion of the area was formerly occupied by a paint shop. The soil probes will be advanced to a minimum depth of 8 feet below the ground surface. Soil samples will be collected from each probe location. A minimum of four soil probes will be advanced to the water table from which a groundwater sample will be collected. If field conditions dictate, additional soil probes maybe advanced to the water table and additional groundwater samples would be collected. Conversely, if less buried debris is encountered then the number of soil probes may be reduced from fourteen. Analytical Work Soil and/or groundwater samples collected during this assessment will be collected in appropriate containers and submitted to an approved laboratory for analysis. Specifically, the analyses described below, where applicable, were obtained from the Indiana Department of Environmental Management (IDEM) Remediation Program Guide — Table 3.1, Potential Petroleum Contaminants,updated July 9,2012. I) Transformer Room #3 Samples obtained at this location will be submitted for the following analysis: • Polychlorinated Biphenyls(PCBs) (EPA Method 8082); For estimating purposes, this proposal includes costs to analyze up to two (2) soil samples and two(2)groundwater samples each. Mr. Chris Dressel March 4,2014 Page 14 of 18 2) Chemical/Petroleum Releases from Historical Usage Samples obtained at this location will be submitted for the following analysis: • Volatile Organic Compounds(EPA Method 8260); • Polynuclear Aromatic Hydrocarbons(PAHs)(Method SW 8270); and • RCRA 8 Heavy Metals (Method 6000/7000). For estimating purposes, this proposal includes costs to analyze up to five (5) groundwater samples. Samples will be analyzed for total metals,not dissolved. 3)Former UST Location Samples obtained at this location will be submitted for the following analysis: • Volatile Organic Compounds (EPA Method 8260); • Polynuclear Aromatic Hydrocarbons(PAHs) (EPA Method 8270); • Lead Scavengers (EPA Method 8011); and • IDEM UST Metals (Method SW 6010B) For estimating purposes, this proposal includes costs to analyze up to four (4) soil and two (20 groundwater samples. Ground water samples will be analyzed for total metals,not dissolved. 4)Buried Foundation and Debris Samples obtained at this location will be submitted for the following analysis • Volatile Organic Compounds(EPA Method 8260); • Polynuclear Aromatic Hydrocarbons(PAHs) (EPA Method 8270); and • RCRA 8 Metals(Method SW 6010B) For estimating pur oses, this proposal includes costs to analyze up to eighteen (1 S) soil samples and six (6) groundwater samples. Groundwater samples will be tested for total metals, not dissolved. Level IV data quality objectives (DQOs) will be met. IDEM typically requires the collection of various quality assurance/quality control (QA/QC) samples during any site characterization to ensure proper sampling and analytical techniques are being followed. These include a matrix spike/matrix spike duplicate(soil and water), field duplicate (soil and water) (one per 20 samples or a minimum of one per day), and trip blank (one per day(water)). Weaver Boos estimates that up to six soil samples, six water samples, and four trip blanks will be required to comply with QA/QC requirements. Mr. Chris Dressel March 4,2014 Page 15 of 18 Report Following completion of our fieldwork and receipt of the analytical data, we will prepare a written report describing our methods of assessment, observations, and results obtained. Tabular data summaries and figures will be included, as appropriate, to aid in our interpretation of the results as compared to the appropriate chemicals of concern. Results will be compared to the various RCG residential and commercial/industrial screening levels associated with possible soil, groundwater, and vapor exposure pathways. The report will be separate from the Phase I ESA report(Task 2). If the results indicate that the site meets remediation objectives then no further investigative action would be warranted and the IBP Letter can be requested from IBP. If the results do not meet remediation objectives then a workplan for further investigation maybe recommended to be submitted for IBP approval or the site may be referred to the Indiana SCP should an imminent threat to human health and the environment be identified or off-site properties are impacted due to sources on-site. Task 4—Complete draft Environmental Restrictive Covenant(ERC) The owner is required to satisfy certain statutory continuing or "due care" obligations with respect to known site contamination to obtain certain IBP Letters. Based on the background information for this site, Weaver Boos believes that to demonstrate to the IBP that these obligations will be met, land use restrictions will be required (recording of an environmental covenant or ERC) will be necessary to eliminate exposure pathways and to inform a technical opinion on appropriate reasonable steps for the owner to undertake to try to maintain the liability exemption. The name on the ERC should match the entity on the property deed, the Phase I ESA, and the user questionnaire of the Phase I ESA. A draft ERC will be prepared by Weaver Boos and submitted with the IBP Letter Request for their consideration. Note, the IBP will finalize their own ERC and attach the document to the IBP Letter once issued. The document must be recorded on the deed for the site with a certified copy of the filed document returned to the IBP. In preparing the ERC (and the Site Status Letter request), the owner may need to provide to Weaver Boos their final plans for the site. Task 5—Submit Package to Client for Final Approval Mr. Chris Dressel March 4,2014 Page 16 of 18 Once Tasks 1-4 are completed, Weaver Boos will submit the package to the client for review, approval, and signature from the property owner or lending institution, where applicable. At the option of the client, Weaver Boos can submit the package to the IBP upon approval. COST ESTIMATE Weaver Boos proposes to perform the work as outlined in Phase I Tasks 1-4 and Phase II Tasks 1-5 on a time and material basis in accordance with our itemized cost estimate included in the attachment. Based on our understanding of the client's objectives, our knowledge of the two sites, and the Scope of Work outlined herein, we estimate the work can be completed for budgets summarized below: Phase I—Millennium Comfort Letter Task/Item Estimated Cost Complete Comfort Letter Request Form $ 339.00 Complete Phase I ESA $ 3,688.00 Complete draft ERC $678.00 Submit Package to Client $252.00 TOTAL $4,957.00 Mr. Chris Dressel March 4,2014 Page 17 of 18 Phase I—Ivy Tower IBP Letter Task/Item Estimated Cost Complete IBP Letter Request Form $ 678.00 Complete Phase I ESA $4,716.00 Complete Phase II ESA/Site Investigation $ 32,113.00 Complete draft ERC $ 678.00 Submit Package to Client $ 252.00 TOTAL $38,437.00 OVERALL TOTAL $43,394.00 Phase I and II of this project will be completed concurrently. Weaver Boos estimates Phase I can be completed within 4 weeks. Phase II can be completed within 8 weeks possibly longer depending on the completion of the Hull groundwater investigation described herein. Further, Phase II may also be delayed due to the upcoming PCB-cleanup project involving Transformer Room #3. The IBP may delay the IBP Letter until the cleanup project has been completed and the final completion report is submitted to the USEPA with a copy to IDEM. Once the packages are submitted to the IBP the typical turn-around time for the IBP Letter according to Mr. Kevin Davis is 120 days, but will likely be longer depending on the complexity and the results of the PCB-cleanup. If conditions change, work extends beyond the scheduled completion date, unforeseen circumstances or environmental conditions are encountered, or work efforts are redirected our cost estimate may require modification. We fully expect to complete the outlined tasks described above for the stated sum, and this cost will not be exceeded without your prior authorization. You will be invoiced on a unit-rate basis only for the work actually performed. Mr. Chris Dressel March 4, 2014 Page 18 of 18 AUTHORIZATION If this proposal amendment meets with the SBRC's objectives, please indicate authorization to proceed by signing the attached Proposal Acceptance Sheet and returning one complete copy of this proposal to us for our files. We propose that the outlined work be performed in accordance with the Terms and Conditions and Fee Schedule previously agreed upon by the SBRC/City of South Bend for environmental services associated with previous work completed at Ivy Tower. Any modification to the previously agreed upon Terms and Conditions and the Fee Schedule must he accepted by both parties. This proposal is valid if accepted within 60 days of issuance. If you should have any questions or comments concerning this proposal, please do not hesitate to contact our office. Sincerely, Weaver Boos Consultants, LLC 46' tjfi Edward B. Stefanek Senior Project Manager Attachments: Figures State Form 51493 Itemized Cost Estimate (Tables 1 and 2) Phase I ESA User Questionnaire Proposal Acceptance Sheet FIGURES i I AP. • . u,_,,, -- - , , ... ‘ :.4 - ,ip, 1::L:1, Alt it, . - 7 4 •. ..-,. „ •414. . fit* � r�Y APPROXIMATE "` ..� PROPERTY BOUNDARY 7 - i. -• a► - +w. �, rr - _. `4. _ . al 11 ti I -Lt. • 1 i - f ORMER I' '�'r , 4 ' , - 41.1111 I , ,,, / ' ) 11 T i .T c hir; t n_, 411i1 mtit ., ,,r , -t-1 ), — y . , , , ‘ .. . ................ , , .,. . ir , .:, at . ,. 1 ., , 4., ,. r...'k,r _ii _______ :: .,_ 1,...pir___ _ ,. • ., 4 ` . ' Hit.... , ' . ��2.1 Fr,FI rI r �: t-- NOTE:SOIL CAP REMOVED IN 2012. — PROPERTY LAYOUT MAP FORMER MILLENNIUM ENVIRONMENTAL SITE APPROXIMATE GRAPHIC SCALE 604 S. SCOTT STREET 100 0 100 200 400 SOUTH BEND. IN 1 Inch= 200 ft. 4000 Boos Consultants X065 UEOWA BEELER COURT SOUTH BEND.IN 46628 (574) 271-3447 DRAWN BY RUD DATE 2/17/2014 ,FILE: 0058-378-01 SOURCE:1464GE AOAP7E0 FROU GOOGEE£AR&I1IAGERY 0,111-0 RPM(2011. C0'1R,CRr 0 1014 IEhI R DUOS ra •sTV/IS.!LC All RiCRTS RESER■ED REVIEWED BY: ES CAD SITELOC.DWG FIGURE lt•—,'40..7. t ilii ...1111111177-' -7 ,,.„--:, .1. ., 5 ''''•'= 1.' - 1 il - ' t NO — . I s •--.4. ...,,,, • - :et t.- ,, 1:ti.::iii '.16 ' ' fill' . . 9 , . . .. . •E. SOUTH STFiEEY — r 1 r-- • 41 . _ •ir','" '. ■i; ' fig IQ , vi se • o' • , „ . . _ ........ -' ' " --,' '-. ''''' .■ '47:. ..' ' ' - APPROXIMATE ... • ... _ . * PROPERTY BOUNDARY ' I , ., • i ' ■2 1 ' • ' 2 ■4'1 i t : ,■H _ I 4.4, g..4.4;•,,,,,. .1 'BUILDING 84. .,to . , , . ...... • .- ,, ' , WA! l't '-"-I aril - ., ' Ira i a, ..i.... •__ ...' t ,.+-' . ....1,44. 4.,....7.,, -- I ... ., . .--._ ,,ciiityl • ,.1 ■ -. t) .:)- ' . I. • ' I 'I. 1131 , • - :: . 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Weaver Boos Consultants 4005 LIEGMAN BEELER COURT SOUTH 06 60.IR 46628 (571)771-7447 SOURCE:WAGE AOAPIE0 FROM COOCif EARN niAaRr CRIED RPRit 201, DRAWN BY: RIAD 2/18/2014 FR(: 0058-378-01 4t-0.2U,c•act ;013 11E42ER 8007 CO.b.e./VaS.'IC Al.R.Cftli Rf5fPli0 REVIEWED BY: ES CAD: SITELOC.DWG FIGURE 2 . . ... d P 11 i i• ; _____. \ •■ . it i 1 - . ii 'GP' ....-4.':.,-,....4:,--,: -.',,,:,-.-..s,..:.•.•:'. .....- -,6,; t,'=---7-7-40. 1"1"."1"7171r4. GPI.'. ' GP GO 1 1 I 1' ' '• 4 '■ -...i, i 1(11 III !I 1 ' 4-- =': i II !I II 4 •; l 431. 4,1" 1 i 1 • ,, i'I i g 3 i . 1 GP GP, • H. r'i 1 IP. III; 1 I iiii i : i _i 1.-- ig P/ sr Y Plitl 110 ili f GP, — ip- c6 1 . 1 ,.,: . a Ole * . ! IL 0 q fdp 0 n...... kr . rot? i 1 lb I .;I l' ) GP, 1.,,p11, 1 GP il i i hp i. 1 : . 4,-L. zr, ,. . ,,,, • : ,, • / Gpis;kA9p, ,•••• !. GP, "V 4 '''' 1'7' II i • Le f/Cs\I•s.;I 1 ;v GP .. 1 41,* III ,,iii. I: A 4 I- P GP 1 • I; I SP 113. .6 It 1 4 f •1 , . 1 1 i .,I I I. 0 l's1 II . t ,„--,, •,-,, r\ i , 1 , ., ......,. r.... Gp 1 11 :jit UFf r. I lis 4 ii i qf. 1. I ...1 ,.1 ,.f•-•'5" !, 1.11 I 1.1 ri 1 91 16 :1 .-.. 1 : , - -. 3i Pr ,,.1: 11 1/43 di ,f 1: GP4i ii !I I:ii . ,,:j !II; is', ! . - - , . r :b 9 11 • : - . !!, I.! :.. li 11,', . . t .., ■. . J c ; . 4 1 s !! • zt . L a.,..--- a .. 1 ,. LEGEND 1. 1 i • '''- '•;;;_,z• - s-..---s -Th 11.4, . 4 ...- ; i.• , GP-2 PREVIOUS SOIL PROBE LOCATION •1. I • !:, ;:;..z.....„,ii t,-.! .. , - efk !,I !I'I: ''...„ ' •-.-. -.71.2,-%;\ (WIGHTMAN PETRIE,PHASE II ESA MARCH 23,2012) .. "*....›.. r .! ....- , •• SP, APPROXIMATE SOIL PROBE LOCATION •-•-s, ., e s 7 : v" (WEAVER BOOS CONSULTANTS) 14:" '.4. -..weEr—z-- E PROPOSED SOIL PROBE LOCATION IVY TOWER RENOVATION PROJECT APPROXIMATE GRAPHIC SCALE 635 S. LAFAYETTE BID. iso n 150 300 SOUTH BEND, IN . . ... Weaver Boos Consultants 11nch= 150 ft. 4085 MORIN BEELER COURT SOUTH BEND,IN 46678 (574)271-1147 DRAWN BY: RIAD DATE: 11/1/2013 FILE: 0058-378-01 SOURCE:BASE MAP(SOIL BORING tocAnays)PROVIDED BY minim,PEIR4 DAIED HARM 10I1. COPMCHT 0 1014 NEAWR 8005 CCIVYAWITS(10 ill 451115 RISMIrD REVIEWED BY: ES CAD: SITELOC.DWG FIGURE 3 STATE FORM M493 a Return this form to: I`,.,• Indiana Brownfields Program INDIANA BROWNFIELDS PROGRAM \''° Comfort/Site Status Letter Request 100 N. Senate Avenue,Room 1275 State Form 51493(R2/6-07) Indianapolis, IN 46204 Indiana Finance Authority For questions:317-234-1279 Submit form electronically to:browwif-ieldsOlifa.in.eor FAX:317-234-1338 Pursuant to the Indiana Department of Environmental Management(IDEM)Nonrule Policy Document W-0051,"Brownfields Program Comfort and Site Status Letters Policy"(April 18,2003),the Indiana Brownfields Program may issue a Comfort or Site Status Letter to stakeholders at brownfields sites that satisfy the eligibility criteria and conditions of the policy. Brownfield Site Definition A brownfield site is defined as a parcel of real estate that is abandoned or inactive;or may not be operated at its appropriate use; and on which expansion or redevelopment is complicated because of the presence or potential presence of a hazardous substance,a contaminant, petroleum,or a petroleum product that poses a risk to human health and the environment. IC 13-11-2-19.3 Comfort Letter A Comfort Letter is issued to a party that qualifies for an applicable exemption to liability found in Indiana law or IDEM policy, but is not a legal release from liability. The Comfort Letter explains the applicable liability exemption or IDEM's exercise of enforcement discretion under an applicable IDEM policy. Potentially applicable liability exemptions or IDEM policies include: ✓ the Stakeholder is a government entity exempt from liability under IC 13-25-4-8(e), IC 13-11-2-150(c), or IC 13- 11-2-151(b); ✓ the Stakeholder is a creditor, lender,or fiduciary exempt from liability under IC 13-23-13-14, IC 13-24-1-10, or IC 13-25-4-8(c); ✓ the Stakeholder is not the statutory owner of an underground storage tank pursuant to IC 13-11-2-150(a) because the tanks were not used after November 8, 1984 and the Stakeholder was not the person who owned the tank immediately before the discontinuation of the tank's use; ✓ the Stakeholder is exempt from liability or eligible for a defense to liability as a bona fide prospective purchaser, contiguous property owner or innocent landowner pursuant to IC 13-25-4-8(b); and ✓ the Stakeholder satisfies the conditions of IDEM Nonrule Policy Document W-0047,"Property Containing Contaminated Aquifers"(20 IR 1674, January 30, 1997), or IDEM Nonrule Policy Document W-0038"Property Containing Contaminated Aquifers/Underground Storage Tanks"(23 IR 2141,April 20,2000). Site Status Letter A Site Status Letter is issued to a party that did not cause or contribute to or knowingly exacerbate the contamination and can demonstrate that current levels of contaminants of concern at the brownfield substantially meet current cleanup criteria as established by IDEM under the Risk Integrated System of Closure. The potential liability of the party requesting the letter is not addressed. The Site Status Letter states that based on a technical analysis of information submitted to IDEM pertaining to site conditions, IDEM concludes that current site conditions do not present a threat to human health or the environment and that IDEM does not plan to take or require a response action at the brownfield site. INSTRUCTIONS: Please complete this form(type or print legibly)and return it to the Indiana Brownfields Program to begin the process of assessing eligibility to receive a letter. Each request will be reviewed by the Indiana Brownfields Program and IDEM staff. Determinations of eligibility are made based on facts and data provided with the request. A decision on whether or not to issue a Comfort or Site Status Letter will be made approximately 60 days from receipt of the request. The complexity of technical issues pertaining to site conditions may increase staff review time. Please attach any additional documentation required if space on the form does not allow for a complete response. Contact Information Letter Recipient Organization/Community Address:(number and street,city,stale and ZIP code) Telephone Number Cell Number Fax Number Email Address Environmental Consultant Representing the Letter Recipient Firm Name(s) Address:(number and street,city,state and ZIP code) Telephone Number Cell Number Fax Number E-mail Address Attorney Representing the Letter Recipient Name(s) Firm Address:(number and street,city,state and ZIP code) Telephone Number Cell Number Fax Number E-mail Address Site Information Site or Project Name(s) Address:(number and street,city,state and ZIP code) IDEM Site Number US EPA Site Number Size In acres Current Owner Address:(number end street,city,state and ZIP code) Telephone Number Cell Number E-mail Address Property Status Current Status:(Check all that apply) ❑Private Owner ❑Public Owner Din Bankruptcy ['Abandoned['Inactive ❑Underulilized ❑Tax delinquent ❑Other(please specify) Environmental Documentation Submitted for Review:(Check all that apply) ['Phase I Environmental Site Assessment-After 1111106 must comply with federal All Appropriate Inquiry Rule'['Phase II Environmental Site Assessment ['Sampling Results ❑Further Site Characterization ['Other(please specify) 'contact the Indiana Brawnfields Program If you have questions The Site will be: ❑Sold ❑Leased ['Used by governmental entity OGifted ❑Other(please specify) __ ❑Undecided Potential or intended reuse of properly:(Check all that apply) ❑Commercial['Industrial['Residential[Nixed Use❑Park❑Green Space❑Other(please specify) ❑Undecided Community Involvement/Public Participation:(Check aft that apply) ['Community notification by news media ❑Public Meeting(s)❑Letter(s)of community support ['Community work group ['Community input was not sought How did you hear about the Indiana Brownfletds Program?(Check at that apply) ❑Indiana Brownfieids Program staff,brochure,or web site ❑Other State Program/Agency ❑EPA ❑Consultant ❑Other(please specify) Signature I hereby request an Indiana Brownflolds Program: ['Comfort Letter ❑Site Status Letter Signature of Letter Recipient or Authorized Representative Date(month,day,year) ITEMIZED IIZJED COST _7LSr 111 MATE TABLE 1 ITEMIZED COST ESTIMATE MILLENIUM COMFORT LETTER 604 South Scott Street South Bend,Indiana Total Total Category Rale Unit Task I Task 2 Task 3 Task 4 Hours Cost Principal $185 hr. 0 0 $0 Sr.Project Manager $142 hr. 2 4 4 I 11 $1,562 Project Manager $120 hr. 0 0 0 $0 Project Engineer/Scientist $104 hr. 0 $0 Staff Eng./Sci./Technologist. $93 hr. 24 0 0 24 $2,232 Survey Party Chief $85 hr. 0 $0 Sr.Engineering Technician $57 hr. 0 0 0 $0 Engineering/SurveyTechnician $55 hr. 0 0 0 0 $0 CAD $82 hr. 4 0 0 4 $328 Admin Support/Technician $55 hr. 1 2 2 2 7 $385 Total Hours 3 34 6 3 46 Total Labor Cost $339 $3,238 $678 $252 $0 $4,507 SUBCONTRACTOR EXPENSES Total Total Category Rate" Unit Task 1 Task 2 Task 3 Task 4 Units Cost EDR Report $450 ea. $450 I $450 Total Subcontractor Expenses $0 $450 $0 $0 $450 REIMBURSEABLE EXPENSES Total Category Rate Unit Task I Task 2 Task 3 Task 4 Units Mileage $75.00 mi. 0 Photoionization Detector $100 day 0 Misc.Supplies $1 ea. 0 Misc.Expenses $1 ea 0 Total Reimburseable Expenses $0 $0 $0 $0 TASK TOTALS $339 $3,688 $678 $252 $4,957 Task Descriptions: 1-Complete Comfort Letter Request 3-Complete draft ERC 2-Phase l ESA 4-Submit Package to Client Represents average billing rate by labor caingoty. Actual rate will be billed in accordance with fee schedule. TABLE 2 ITEMIZED COST ESTIMATE IVY TOWER COMPLEX 635 S.Lafayette Blvd and 600 United Drive South Bend,Indiana Total Total Category Rate: Unit Task I Task 2 Task 3 Task 4 Task S Hours Cost Principal $185 hr. 1 0 0 1 SI 85 Sr.Project Manager $142 hr. 4 6 8 4 1 23 $3,266 Project Manager $120 hr. 0 0 0 0 $0 Project Engineer/Scientist $104 hr. 0 0 $0 StaffEng./Sci./Technotogist. $93 hr. 32 80 0 0 112 $10,416 Survey Party Chief $85 Itr. 0 0 0 $0 Sr.Engineering Technician $57 hr. 12 0 0 12 $684 Engineering/Survey Technician $55 Itr. 0 0 0 0 0 $0 CAD $82 hr. 4 8 0 0 12 $984 Admin Support Technician $55 hr. 2 2 2 2 8 $440 Total Hours 6 44 109 6 3 168 Total Labor Cost $678 $4,266 $10,101 $678 $252 $0 $15,975 SUBCONTRACTOR EXPENSES Total Total Category Rate'' Unit Task 1 Task 2 Task 3 Task 4 Task S Units Cost EDR Repot t $450 ea. $450 1 $450 Probing Services Probing $1,650 daily $6,600 4 $6,600 Mobilization $250 I.s. 0 $250 0 1 $250 Analytical Services $0 PCBs(water and soil) $86 ea. S602 7 $602 VOCs(soil) $122 ea. $3,416 28 $3,416 VOCs(water) $106 ea. $1,060 10 $1,060 PAHs(water and soil) $106 ea. $4,770 45 $4,770 RCRA 8 Heavy Metals(water and soil) $86 ea. $3,354 39 $3,354 USA'Heavy Metals(water and soil) $86 ea. $860 0 10 $860 Lend Scavenger(water and soil) $70 ea. $700 0 10 $700 Total Subcontractor Expenses $0 $450 $21,612 $0 $0 $22,062 REIMBURSEABLE EXPENSES Total Category Rate Unit Task 1 Task 2 Task 3 Task 4 Task 5 Units Mileage $75.00 nti. 0 Photoionization Detector $100 day $400 4 $400 Misc.Supplies SI ea. 0 Misc.Expenses SI ea. 0 Total Reinburseable Expenses S0 $0 $400 $0 $0 $400 TASKTOTAIS 5678 $4,716 $32,113 $678 $252 $38,437 Task Dcncriptions: 1-Complete Comfort Letter Request 4-Complete draft ERC 2-Phase I ESA 5-Submit Package to Client 3-Phase II ESA/Site Investigation 'Repmunis mange bitting rare by tatwr emagury.Annul me will be tilted in accordance•will)fcc sctudute. PEASE I ESA USER QUESTIONNA l 111 , WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Alalerials(ASTA-!)Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process(E 1527-13). In order to qualify for one of the landowner Liability Protections (LLPs) offered by 40 CFR 312, the user must provide the available information requested in numbers I through 6, following. In addition, while the information requested in numbers 7 through 19 is not required to qualify for one of the LLPs, it is typically necessary to assist us in completing the Phase I ESA. Lack of this requested information could result in data gaps within the Phase I ESA. Weaver Boos requests that the respondent provide the requested information and include comments where applicable, such as the information is not available or unknown, and sign the last page of the questionnaire. This affirms that the respondent has answered all questions to the best of the respondent's actual knowledge and in good faith. I. Environmental liens that are filed or recorded against the Property (40 CFR 312.25). Did a search of recorded land title records (or judicial records where appropriate) identify any environmental liens filed or recorded against the property under federal,tribal,state or local law? 2. Activity and use limitations that are in place on the property or that have been filed or recorded against the property (40 CFR 312.26). Did a search of recorded land title records (or judicial records where appropriate) identify any AULs, such as engineering controls, land use restrictions or institutional controls that are in place at the Property and/or have been filed or recorded against the property under federal,tribal, state or local law? VI/JEZLN/ Page 1 of 7 ,3009 CO Neu L!i`A N919 WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Alaterials(ASTAI)Standard Practice for h,'nrironnrenlal Site Assessments: Phase 1 Environmental Site Assessment Process(E 1527-13). 3. Specialized knowledge or experience of the person seeking to qualify for the LLP (40 CFR Part 312.28). Do you have any specialized knowledge or experience related to the Property or nearby properties? For example, are you involved in the same line of business as the current or former occupants of the property or an adjoining property so that you would have specialized knowledge of the chemicals and processes used by this type of business? 4. Relationship of the purchase price to the fair market value of the property if it were not contaminated (40 CFR 312.29). Does the purchase price being paid for the Property reflect fair market value of the Property? If there is a difference, have you considered whether the lower purchase price is because contamination is known or believed to be present at the Property? 5. Commonly known or reasonably ascertainable information about the Property (40 CFR 312.30). Are you aware of commonly known or reasonably ascertainable information about the Property that would help the environmental professional to identify conditions indicative of a release or threatened releases? For example, a) Do you know the past uses of the Property or adjoining properties? WEAVER Page 2 of 7 8008 CO N[3v LirANT WEAVER BOOS CONSULTANTS Phase 1 Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Materials(ASTM)Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process(E 1 527-13). b) Do you know the specific chemicals that are present or once were present at the Property or adjoining properties? c) Do you know of'spills or chemical releases that have taken place at the Property or adjoining properties? d) Do you know of any environmental cleanups that have taken place at the Property or adjoining properties? 6. The degree of obviousness of the presence or likely presence of contamination at the Property, and the ability to detect the contamination by appropriate investigation (40 CFR 312.31). Based on your knowledge and experience related to the Property are there any obvious indicators that point to the presence or likely presence of releases at the Property? wnnsnEart Page 3 of 7 BOOS CO N9[7 ZJVANT6 WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Liformation Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Materials(ASTM)Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process(E 1527-13). 7. The reason why this Phase I ESA is required. 8. The type of property and type of property transaction(e.g.,purchase,exchange,etc.). 9. Complete and correct address for the Property (a map or other documentation showing the property location and boundaries is helpful). 10. The scope of services desired for the Phase I (including whether any parties to the property transaction may have a required standard scope of services on whether any considerations beyond the requirements of ASTM E 1527-13 are to be considered). 11. Identification of all parties who will rely on the Phase 1 report. Page 4 of 7 moos CON6VLll`A1VTB WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Materials(ASTAI)Standard Practice for Environmental Site Asses.snrenls: Phase I Environmental Site Assessment Process(E 1527-13). 12. Identification of the site contact and how the contact can he reached. (i.e., the key site manager, who will provide Weaver Boos with access to the Properly and who possesses a good working knowledge of the uses and physical characteristics of the Property and its history). 13. Any special terms and conditions(beyond those attached to this Proposal) which must be agreed upon by the environmental professional. 14.Any other knowledge or experience with the Property that may be pertinent to the environmental professional (for example, copies of any available prior environmental site assessment reports, documents, correspondences, etc., concerning the Property and its environmental condition). 15.A legal description of the Property and a plat of survey showing the configuration and boundaries of the Property. WEAV k7I2 Page 5 of 7 Booth Co N6LIJ tR'A7N'1'6 WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 oldie American Society for Testing and Materials(ASTAI)Standard Practice for Environmental Site Assessments: Phase 1 Environmental Site Assessment Process(E 1527-13). 16.The name of the owner of record of the Property. 17. All known parcel index numbers(PINs or tax ID numbers) for the Property. 18.Any and all known past owners of the Property including time period of ownership and use of the Property during ownership. Please include any contact information that you may have. 19. Any and all known past occupants of the Property including time period of occupancy and use of the Property during occupancy. Please include any contact information that you may have. WIZAA R2 Page 6 of 7 soon ■ ONBUI/rA,Wre WEAVER BOOS CONSULTANTS Phase I Environmental Site Assessment User-Provided Information Questionnaire This questionnaire is based upon Section X3 of the American Society for Testing and Materials(ASIA!)Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process(E 1527-13). The respondent of the questionnaire must complete and sign the following statement. This questionnaire was completed by: Name: - Title: Firm: Address: Phone Number: Date: The respondent represents that to the best of the respondent's knowledge the above statements and facts are true and correct and to the best of the respondent's actual knowledge, no material facts have been suppressed or misstated. Print Name(Respondent): Signature(Respondent): Date: WEIAMEIR Page 7 of 7 $dory CONFSVLTANTB PROPOSAL ACCEP?ANC) , SHEET WEAVER BOOS CONSULTANTS, LLC 4085 MEGHAN BEELER COURT SOUTH BEND, INDIANA 46628 Voice: (574) 271-3447 Fax: (574)271-3343 PROPOSAL ACCEPTANCE SHEET Description of Services: Comfort Letter/IBP Letter Project: Millennium Environmental, Inc. /Ivy Tower Complex Property Address: 604 S. Scott Street/635 S. Lafayette Blvd and 600 United Drive Project City/State: South Bend, Indiana Date: 3/4/2014 Fee: Phase I/Millennium Comfort Letter$ 4,957.00 Phase II/Ivy Tower Site Status Letter and Lender Comfort Letter- $ 38,437.00 Total Fee: $ 43,394.00 For approval and payment of charges, invoices will be charged to the account of: Firm: South Bend Redevelopment Commission Attention: Mr. Chris Dressel Street Address: 227 West Jefferson Blvd. Telephone: 574-235-5847 City/State: South Bend, Indiana Fax: 574-235-9021 Zip Code: 46601 This AGREEMENT is subject to the following special provisions/payment schedule: See attached proposal. Accepted by: South Bend Redevelopment Commission Weaver Boos Consultants, LLC By(Signature) ( v By (Signature) By(Type/Print) Douglas G. Dorgan, CPG By (Type/Print) Title Principal Title Accepted , 20 Accepted March 4, 2014 Page 1 of 1