HomeMy WebLinkAbout30. Professional Services Agreement
I:\Engineering\2021 - 2030 Contracts\2022 CONTRACTS\Fehr Graham-Env Review for 2022 CIP Memo_7-22-21
TO: Honorable Mayor and Members of the Common Council
FROM: John Fitzpatrick, Assistant City Manager/Director of Administrative Services
DATE: July 22, 2021
RE: Professional Services Agreement with Fehr Graham Engineering &
Environmental (Fehr Graham) for Environmental Review Services for 2022
Capital Improvement Projects (CIP) ($25,780)
The Department of Public Works requested proposals from six (6) engineering firms for
environmental review services for projects in the 2022 CIP. The services provided under this
proposal include, but are not limited to, conducting Phase I Environmental Site Assessments in
accordance with ASTM E1527-13.
The Department received proposals from five (5) firms. Staff has reviewed the proposals and
costs, and have selected Fehr Graham to perform this work. Fehr Graham was chosen due to
their demonstrated knowledge in background investigations of similar nature and their low
proposal cost. The cost of these services is estimated not to exceed $25,780. Funds for this work
were budgeted in the 2021 CIP (Account #03210410-6801-04091/Contract Control-Paving-
Annual – Envir Assmts/Subsf, #03210410-6802-04091/Contract Control-Sanitary Sewer-Annual –
Envir Assmts/Subsf, #03210410-6803-04091/Contract Control-Water Main-Annual - Envir
Assmts/Subsf, #03210410-6804-04091/Contract Control-Storm Sewer-Annual - Envir
Assmts/Subsf, and #03231717-7216-63001/Parking Lot Improvements-Land Improvement-
Parking Lot Improvements)
Chapter 12 of the Municipal Code of the City of Oshkosh provides that professional services of a
specialized nature, including engineering services, may be procured without the use of formal,
sealed quotes. In accordance with Section 12-16 of the Code, I am hereby submitting this report
regarding this professional services agreement.
Please contact me if you have any questions concerning this professional services agreement.
STATEMENT OF QUALIFICATIONS
2022 Capital Improvement Program
Environmental Records Review
909 NORTH 8TH STREET SUITE 101 SHEBOYGAN, WI 53081
fehrgraham.com
Prepared for:
City of Oshkosh
215 Church Avenue
Oshkosh, Wisconsin 54903
909 N. 8th Street I Suite 101 I Sheboygan, WI 53081 I p:920.453.0700 I f:920.453.0750 I fehr-graham.com
Insight. Experience. Results.
July 16, 2021
Mr. Mike Blank
Construction Management Supervisor
City of Oshkosh, City Hall
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
Re: Proposal to Perform Phase I Environmental Site Assessments for the 2022 Capital
Improvement Program in Oshkosh, Wisconsin
Dear Mr. Blank:
Fehr Graham Engineering & Environmental would like to prepare Phase I Environmental Site
Assessments (ESAs) for the 2022 Capital Improvement Program (CIP) in Oshkosh. The ESAs will be
completed on ten portions of City of Oshkosh streets and one parking lot. There will be a
Miscellaneous Contingency Budget held in reserve for additional projects to be authorized by task
order, if necessary.
The team we have assembled has a strong background in Phase I ESAs, site investigation and
remediation experience. We understand the need for accuracy.
» Joel Zirkle, PG – Principal
» Matt Dahlem, PG – Branch Manager
» Dillon Plamann – Project Hydrogeologist
» Jenna Williams – Environmental Specialist
» Megan Hanson – Engineering Technician
This group of professionals has completed ESAs on more than 500 parcels, of which more than 50
were in the Fox Valley region. Because our Fehr Graham team lives in the Fox Valley region or near
Sheboygan, our local knowledge and understanding of the area will help supplement the scope of
services presented in our statement. All work will be completed by a qualified person under the
supervision of an Environmental Professional (Matt Dahlem, PG) as defined in 312.10 of 40 Code of
Federal Regulations and in compliance with Fehr Graham Phase I ESA training requirements. Our
respective resumes are included in our statement.
We look forward to working with the City of Oshkosh and appreciate the chance to submit a
proposal for your review. Please contact me at 920.453.0700 or mdahlem@fehr-graham.com if
there is anything you would like to discuss.
Thank you,
Matt Dahlem, PG Joel Zirkle, PG
Branch Manager Principal
Table of Contents
Page
Firm Profile and Qualifications ....................................................................................................... 1
Organizational Chart ....................................................................................................................... 2
Experience and Capabilities ............................................................................................................ 3
Scope of Work ............................................................................................................................. 4-6
Schedule ......................................................................................................................................... 7
Project Timeline .............................................................................................................................. 8
Cost Proposal and Assumptions ................................................................................................ 9-10
Limitations and Final Report ....................................................................................................... 11
Professional Resumes ............................................................................................................ 13-17
User Questionnaire ..................................................................................................................... 19
Agreement .................................................................................................................................. 21
Services Provided
Qualifications
Firm Profile and Qualifications
Fehr Graham was founded on the principles of engineering excellence in 1973 by Allen
Fehr, PE, and Joseph Graham, PE, through the merger of their practices. Today, we are a
firm with diverse professionals, owned and managed by:
Our staff of more than 170 is comprised of a wide range of experts, including professional engineers, landscape architects,
professional geologists, environmental scientists, safety professionals, engineers-in-training, professional land surveyors,
community planners and development specialists, engineering and environmental technicians, field inspectors, grant
writers, and support technicians and assistants. Our staff has hands-on experience and applicable registrations and licenses
in their areas of discipline.
History
Professional Staff
“I was Fehr Graham’s client on one particularly difficult project in the Green Bay area, and they immediately impressed
me with their sincere concern over project issues, details and client commitment. Their forward-thinking approach and
attention to detail is exceptional. Fehr Graham understands what needs to be completed for what task and works
extremely well with municipal and governmental agencies to get the project completed on time and under budget.
Fehr Graham works with the highest level of honesty and integrity and the quality of their work consistently exceeds
expectations.” Timothy Maertz, AIA, Project Architect/VP, RMA Architects, Appleton, Wisconsin
» Mick Gronewold, PE
» Ken Thompson
» Adam Holder, PE
» Joel Zirkle, PG
» Noah Carmichael, PE
» Matthew Johnson, PE, SE
» Nate Kass, PE, PLS
» Jason Stoll, PE
The Fehr Graham team stands ready to serve you. WE ARE KNOWLEDGEABLE. There is no other firm in your area that has
the diverse experience you need to deliver the solution quickly and effectively to meet your needs. We understand you
want an engineers and environmental professionals that have seen and done it all.
The Fehr Graham team has tackled Phase I Environmental Site Assessments (ESAs) for private and public clients in
Wisconsin. Leading the team has been Matt Dahlem, PG, Branch Manager of our Sheboygan, Wisconsin, office. Project
Hydrogeologist Dillon Plamann and Environmental Specialist Jenna Williams understand all aspects of Phase I ESAs and
ASTM 1527-2013 and provide support to Matt Dahlem. Our Engineering Technician Megan Hansen is responsible for all
Computer-Aided Design work, assuring all projects maps are done with the highest quality and delivered on-time. Principal
and owner Joel Zirkle leads Fehr Graham’s assessment and remediation group and provides quality control to Matt Dahlem.
By choosing Fehr Graham, you can rest comfortably knowing that you and your community are in good hands.
Organizational Chart
Matt Dahlem, PG
Jenna Williams
Environmental Specialist
Dillon Plamann
Project Hydrogeologist
Megan Hanson
Engineering Technician
Joel Zirkle, PG, CGP
PRINCIPAL
BRANCH MANAGER
Professional/Project Experience
Professional Services
Fehr Graham employs a team of scientific, environmental
and engineering professionals with a steady track record
of proven performance on everything from Phase I/II
Environmental Site Assessments (ESAs) through
redevelopments and environmental compliance to site
closures and everything in between. With that said, we
pride ourselves on quality, communication and ultra-
responsiveness. We can do big firm projects, but you get
the attention that small firms can offer. We have
professionals available to complete this work, on time and
on budget.
This group of professionals has completed Phase I ESAs on
more than 500 parcels, of which more than 50 were in the
Fox Valley region. Additionally, we have provided Phase I
ESAs on tracts of land from a quarter of an acre to as large
as 900 acres. Fehr Graham has a long history of clear and
concise environmental compliance work and a track record
of ensuring our reporting clearly states the conclusions
drawn in reference to the Recognized Environmental
Conditions of a site. Our record is impeccable when put to
the test of rigorous review by numerous environmental
attorneys and consultants. When we conduct a Phase I ESA,
we plan for potential Phase II tasks and proposed
development activities. We consider location and physical
limitations and we are highly experienced working inside
vacant and occupied buildings.
Experience and Capabilities
Fehr Graham is not currently retained for any projects for
the City of Oshkosh, so there will not be a potential
conflict of interest. Listed below are a few of Fehr
Graham’s projects completed within Winnebago County
over the past three years to show that we have a highly
vested interest in the community.
»Hometown Bank – Ehler’s Road, Neenah, WI
»Hometown Bank – Jackson Street, Oshkosh, WI
»Hirschberg Law LLC – Akrosil Facility, Neenah, WI
»Oshkosh Lumber Property, Algoma Blvd., Oshkosh, WI
»3031 Oregon Street, Oshkosh, WI
»Marvel Manufacturing Company Property, Oshkosh,
WI
»SNC Manufacturing Company, Inc. – 101 W. Waukau,
Oshkosh, WI
»Heckrodt Wetland Reserve – Plank Road, Menasha, WI
Firm Experience
Phase I Environmental Site Assessments
Fehr Graham has been conducting Phase I Environmental
Site Assessments before the existence of an American
Society for Testing & Materials (ASTM) standard through
today’s ASTM standards and the All-Appropriate Inquiry
(AAI) requirements of the Small Business Liability Relief
and Revitalization Action. Fehr Graham has worked with
U.S. EPA-funded brownfield projects from the beginning,
experienced firsthand the unfolding of the AAI
requirements, starting with the interim ASTM 1527-2003
rule in November 2005 to ASTM 1527-05 when the AAI
rule was finalized in November 2006. Now, with the
finalization of ASTM 1527-2013, we have adopted this
standard to meet AAI that is required by U.S. EPA.
Meeting the AAI Requirements is standard practice for
Fehr Graham.
Fehr Graham has extensive experience conducting Phase I
ESAs on building spaces that range from former filling
stations to 600,000-square-foot manufacturing and
warehouse complexes.
Phase I Environmental Site Assessment (ESA)
The ESAs will be conducted in general accordance with the
American Society for Testing and Materials (ASTM)-E1527-13
standard. Fehr Graham’s Phase I ESAs will provide
information about the possibility that a significant
contamination release occurred on or affected the Capital Improvement Program (CIP) Subject Properties.
The purpose of the Phase I ESAs will be to identify, to the
extent feasible, Recognized Environmental Conditions (RECs)
in connection with the project alignment and properties
abutting the project area. The Phase I ESAs will be conducted
as a reasonable and prudent investigation of the Property
and adjacent properties to provide the client with the
information necessary to base decisions concerning the
environmental conditions along the right-of-way and
adjacent sites along the proposed alignment. The Phase I ESAs, in relationship to roadway projects, will be used to
identify environmental risks, protect human life and health,
liability, reduce unexpected delays and take into account
construction considerations.
The Phase I ESAs will include the following tasks:
Site Reconnaissance
A visual reconnaissance will be conducted of the CIP Subject
Properties. Fehr Graham assumes that we will collaborate
with a designated City of Oshkosh representative to ensure
proper coordination and to answer questions or address
concerns during our site visits. Fehr Graham will record
observations of the presence, or likely presence, of
conditions that indicate a current release, a historical
release, or a material threat of a release into structures on
adjacent Properties, or into the soil, groundwater, or surface
water of the CIP Subject Properties. Where appropriate, Fehr
Graham will document the following observations during the
site reconnaissance:
» CIP Subject Properties and area vegetation for
environmental stress and other ecological
disturbances
» CIP Subject Properties and area for surface features
that would indicate filling, impoundments,
underground storage tanks, pipelines, wells, or other
surface penetrations
» CIP Subject Properties for the presence of filling or
mounding, pits, ponds, or lagoons
» Areas that use, treat, store, dispose of, or generate
hazardous substances and petroleum products, and
review the status of past and current waste
generation and management practices at the Subject
Properties
» CIP Subject Properties electrical equipment (e.g.,
transformers) and substations, as well as labeling that
may indicate the owners, polychlorinated biphenyls
(PCBs) status and leakage. (Note: fluorescent light
ballasts will not be individually inspected for PCB-
content, but Fehr Graham will note leakage.)
» Potable water supply and/or on-site wells (including
dry wells, irrigation wells, injection wells, and other
wells)
» Wastewater treatment source and/or on-site septic
systems
» General stormwater discharge routes into a drain,
ditch, or receiving body of water on or adjacent to the CIP Subject Properties
» CIP Subject Properties for floor drains and sumps
» Stained soil or pavement, including stains or corrosion
on floors, walls, or ceiling, except for staining from
water
» Waste handling areas or practices, chemical/industrial
processing areas, and general housekeeping practices
» Prior to site reconnaissance, Fehr Graham will
evaluate physical setting sources to assess the impact
of potential migration (site geology and hydrology) as
related to potential RECs at the CIP Subject Properties
and surrounding sites
Scope of Work
As part of the reconnaissance activities, Fehr Graham will make
visual observations of adjacent neighboring facilities to the
extent that such observations can be made without entering
the premises of the neighboring facilities.
Interviews and Site History
Fehr Graham will make reasonable attempts to interview
individuals with specific knowledge of, or familiarity with, the
CIP Subject Properties, to the extent that such knowledgeable
individuals are identified by the City of Oshkosh, or identified
during other ESA activities, and that the information likely to be
obtained is not duplicative of information obtained from other
sources. These individuals may be queried in person, by
telephone, or in writing. Fehr Graham will review documents
concerning past land uses, including available site plans, records concerning past industrial and waste disposal practices and
maps when provided by past and present facility
owner(s)/occupant(s).
Fehr Graham will develop an understanding of each CIP Subject Site’s history. This may be accomplished through interviews
with City of Oshkosh personnel and others identified by the City
as familiar with each CIP Subject Property, a review of locally
available land use records, historical photographs and
topographic maps, etc.
Records Review
Fehr Graham will establish the physical setting for the CIP
Subject Properties by reviewing a United States Geological
Survey (USGS) 7.5 Minute Topographic Map showing the areas
on which the CIP Subject Properties are located. Fehr Graham
will review soil/hydrology and groundwater/hydrology
information to the extent it is provided by the environmental
database search company (Environmental Data Resources Inc.)
or in previously prepared reports provided by the City of
Oshkosh. Fehr Graham’s record review will include those
records that are readily available and reasonably ascertainable
per the ASTM Standard.
Fehr Graham will order a site-specific Environmental Database
Report (EDR) for each of the CIP Subject Properties. Fehr
Graham will review the report to evaluate whether the CIP
Subject Properties or neighboring properties (within a
specified radius search distance from each of the CIP Subject
Properties) are included on the ASTM-specified standard and
additional (e.g., local) environmental record sources (e.g.,
spills, landfills/dumps, leaking underground storage tanks).
Fehr Graham will contact state and/or local governmental
sources for relevant documents/file information concerning
each CIP Subject Property and adjoining properties, when
appropriate. Freedom of Information Act (FOIA) requests will
be made to the appropriate local and/or state agencies
requesting information relative to the CIP Subject Properties.
Files available at local agencies at the time of the site visit will
be reviewed, as time permits. These inquiries may include the
following types of governmental agencies:
» Federal State, tribal, and local environmental solid
and hazardous waste, wastewater sections, etc.
» Local fire department
» Local health/environmental department
» Local agencies responsible for building and
groundwater permits that document Activity and Use
Limitations, also referred to as Institutional Controls
and Engineering Controls, for each CIP Subject
Property.
» Sanborn Maps
» Wisconsin Department of Natural Resources (WDNR)
Bureau of Remediation and
» Redevelopment Tracking System (BRRTS)
» WDNR Remediation and Redevelopment Sites Map
» Wisconsin Department of Safety and Professional
Services (formerly Department of Commerce) Storage
Tank databases for sites/properties listed within or
adjacent to the project locations
» A History of The City of Oshkosh Sanitation
Department, Chapter 7 – Dumps and Landfills (Steve
R. Langkau, 1990) for sites within or adjacent to the
construction limits
Scope of Work
User Responsibilities
Per ASTM E1527-13, it is the responsibility of the “User” (i.e.,
City of Oshkosh) of the Phase I ESA to identify and disclose the
existence of any environmental liens and Activity and Use
Limitations (AULs) that are filed or recorded against each CIP
Subject Property. Confirmation of this search is required to be
disclosed on a supplied User Provided Information Sheet along
with supporting documentation to supplement our review of
historical records. If you have this information, you are required
to provide it to Fehr Graham. If you do not have this
information, Fehr Graham can conduct an environmental lien
and use limitation search for an additional fee. Attached for
your completion is a Phase I ESA User Questionnaire. This
document will help you collect the user-provided information
for each CIP Subject Property to give to Fehr Graham.
Report Preparation
Fehr Graham will compile and prepare a written report for each
CIP Subject Property, documenting the scope of our work
activities and summarizing the results of our assessment. Fehr
Graham will provide you with a professional opinion as to the
potential for there to be a significant on-site contamination
problem, and recommendations for laboratory testing during
the Geotechnical Phase of the program, if any. The report will
include a site location map with a list of concerns, including a
color-coded site risk ranking, representative site photographs
and supporting documentation, as appropriate.
Non-Scope Items
In accordance with ASTM E1527-13, the following are non-
scope items that may be considered for further evaluation if deemed necessary by the User. However, any of these
exclusions could be added to the proposed scope of services for
an appropriate adjustment in the stipulated fee:
» An evaluation of asbestos-containing building
materials, biological agents, cultural and historic
resources, ecological resources, endangered species,
health and safety, indoor air quality unrelated to
releases of hazardous substances or petroleum
products into the environment, industrial hygiene,
lead-based paint, lead/nitrates in drinking water, mold,
radon, regulatory compliance, and wetlands.
» Conducting a vapor encroachment screening in
accordance with ASTM E2600-15; Standard Guide for
Vapor Encroachment Screening on Property Involved in
Real Estate Transactions.
» Physical sampling and analysis of site soils, soil gas, sub-
slab vapor, groundwater, building, or other materials.
Scope of Work
Schedule
JULY 27, 2021 Contract award.
JuLY 28, 2021
Kickoff meetings and work begins.
September 3, 2021
Site maps submitted to City.
AUGUST 6, 2021 Site visits complete.
September 17, 2021
Final recommendations submitted to City.
Discuss findings with the City.
October 1, 2021
Phase I Environmental Site Assessment
Reports completed and submitted to the
City.
00 Project TimelineFehr Graham is prepared to begin work on this project immediately upon authorization to proceed. We anticipate authorization no later than July 27, 2021. Maps showing areas of potentially impacted soil and groundwater will be completed by September 3, 2021. All project laboratory analytical testing recommendations will be provided by September 17, 2021, and final written reports will be submitted by October 1, 2021.
Fehr Graham will perform the scope of work at the CIP Subject Properties for a Lump Sum Fee per
the table below.
The following summarizes the proposed sites and lump sum fees:
Task Fee
Algoma Boulevard (Wisconsin Street to Congress Avenue) $980
East 9th Avenue (South Main Street to Pioneer Drive) $980
East Lincoln Avenue (North Main Street to Railroad Tracks) $980
Rosalia Street (Washington Avenue to Ceape Avenue) $980
Vine Avenue (Algoma Boulevard to High Street) $980
Wisconsin Street (West New York Avenue to West Bent Avenue) $980
Bradley Street (West 28th Avenue to West Waukau Avenue) $980
High Street (Vine Avenue to 300’ north of Vine Avenue) $980
Oregon Street (West Waukau Avenue to West 35th Avenue) $980
Bowen Street (East Murdock Avenue to Anchorage Court) $980
Parking Lot Improvements 300 East Parking Lot (17 Washington Avenue) $980
Miscellaneous Additional Projects (Contingency) $15,000
Total Estimated Project Fees $25,780
00
Cost Proposal
The cost and schedule were prepared based on the following assumptions:
» The site limits are defined and limited to those described on the RFP.
» The miscellaneous Contingency Budget will be authorized for use per a Task Order on a
negotiated Lump Sum fee per site.
» The City of Oshkosh will arrange for unrestricted site access during normal business hours.
Fehr Graham is provided access to all areas of the CIP Subject Properties during normal
business hours, and there are no delays in obtaining access. Fehr Graham will not enter any
residential living spaces. A single mobilization to each of the CIP Subject Properties is
included in the proposed costs. If a second mobilization is required, additional costs will be
incurred. A City of Oshkosh or property owner/operator representative will be available to
provide operational and site history data input in a timely manner, as needed.
» Fehr Graham is provided information relative to any valuation reduction issues (e.g.,
structural or environmental concerns that result in a price reduction), activity or land use
restrictions, and environmental liens and specialized knowledge of the CIP Subject Properties
and surrounding properties, of which the City of Oshkosh may be aware.
» An environmental lien search of the CIP Subject Properties is not part of this scope of work.
An environmental lien search of the CIP Subject Properties can be conducted for an
additional cost of approximately $150 per parcel.
» Fehr Graham will review relevant and available regulatory files for both the CIP Subject
Properties and abutting properties the day of the site visit, assuming that the regulatory
agency is located within a half hour drive of the CIP Subject Properties.
» A third-party use of the report will not be required.
» Title searches are not included in this proposed scope of work; however, if provided by the
City, they will be reviewed.
» A site map, or equivalent documentation, defining the site boundaries will be available to
Fehr Graham upon authorization to proceed.
» An evaluation of indoor air quality, explosion hazards, naturally occurring gases (i.e., radon,
hydrogen sulfide, methane, etc.), and vapor intrusion were not part of this scope of work.
» Fehr Graham will not conduct measurements or collect samples of any environmental media
during the Phase I ESA.
» Any additional services beyond the scope of work specified in this proposal will be invoiced
on a lump sum basis per a negotiated task order.
» Fehr Graham’s scope of work and report format is acceptable to the City of Oshkosh.
» “Non-Scope considerations,” as defined by ASTM E-1527-13, which are not included in the
proposed scope of work, will not be addressed as part of the Phase I ESA.
A cost and/or schedule adjustment may be necessary if changes to these assumptions occur during
the project.
Assumptions
The City of Oshkosh recognizes that in any project, it is not always possible to locate or identify all
hazardous materials, substances, or wastes within or surrounding the CIP Subject Properties. The City
of Oshkosh agrees that Fehr Graham shall only be required to use reasonable efforts, consistent with
the practice of other professionals engaged in similar activity, in the course of fulfilling Fehr Graham’s
duties under this proposal. Fehr Graham is not responsible for conditions or consequences arising
from relevant facts that were concealed, withheld, or not fully disclosed at the time the project was
performed.
We will work diligently to complete the assessment within the project schedule timeline. However,
please be aware that certain documents must be obtained through a FOIA request and may not be
received prior to the proposed completion date. As a result, data gaps may be generated in our final
report because of a typical lengthy FOIA process. However, the significance of all data gaps will be
evaluated and discussed in the final report.
As an effort to preserve our natural resources, Fehr Graham has adopted several green business
practices to reduce paper, ink, and energy consumption. To do such, a web link will be provided to our
file-sharing website where authorized users may access and download a PDF file of the final report.
Bound paper copies of the report can be supplied upon your request.
Limitations
Final Report
Professional Resumes
Joel P. Zirkle, PG, CGP
Principal
EDUCATION
M.S. in Geology
University of Iowa, 1992
B.A. in Geology and Environmental Studies
Cornell College, 1988
PROFESSIONAL LICENSES
Professional Geologist
Illinois #196-001140, 2004
Registered Geologist
Missouri #RG0924, 1996
Certified Groundwater Professional
Iowa #1341, 1992
CERTIFICATIONS
Occupational Safety & Health Administration
(OSHA) 40-Hour
Hazardous Waste Operation and Emergency
Response (HAZWOPER)
OSHA 8-Hour Refresher
Joel Zirkle leads Fehr Graham’s Assessment and Remediation group. He
oversees the firm’s environmental assessment and remediation work at
contaminated sites that include impacts from petroleum, chlorinated
solvents, heavy metals, PCBs and chlorinated pesticides. Joel has decades
of experience in site investigation work in soils and bedrock. He also has a
passion for Brownfields Redevelopment work that goes beyond just the
environmental aspects to the projects.
Joel conveys complex information about environmental assessment and
remediation to clients in a way they can understand so they can make
informed decisions. He strives to be correct and convey solid information to
his clients so they can make good business or public decisions.
SOLVENT REMEDIATION
Mendota, Illinois
OTTAWA CENTRAL SCHOOL REDEVELOPMENT
City of Ottawa, Illinois
UW HEALTH SPORTS FACTORY REDEVELOPMENT
City of Rockford, Illinois
PSI – MORGAN STREET BRIDGE
City of Rockford, Illinois
FORMER HYDROSTATIC TRANSMISSION FACTORY SOLVENT REMEDIATION
Confidential Client
CITY YARDS ASSESSMENT AND REMEDIATION
City of Rockford, Illinois
CMC HEARTLAND PROPERTY REDEVELOPMENT FOR PECATONICA PRAIRIE PATH
Freeport Park District, Illinois
ILLINOIS BROWNFIELD REDEVELOPMENT PROGRAMS
City of Danville
City of Dixon
City of Freeport
City of Ottawa
City of Rochelle
City of Rockford
City of South Beloit
LANDFILL PERMIT COMPLIANCE
Freeport, Illinois
WEK HOLDINGS COMPANY SOLVENT REMEDIATION IN BEDROCK
Freeport, Illinois
CHROMIUM CLEANUP
Freeport, Illinois
Matt Dahlem, PG
Branch Manager
EDUCATION
M.S. in Environmental Engineering and
Engineering Management
University of Wisconsin, 2014
M.S. in Geology
University of Kentucky, 2003
B.S. in Geology
University of Wisconsin, 2000
PROFESSIONAL LICENSES
Professional Geologist
Wisconsin #1279-13, 2010
Registered Petroleum Environmental Cleanup
Fund Award Consultant
#1085352
CERTIFICATIONS
Occupational Safety and Health Administration
(OSHA)
Hazardous Waste Operations and Emergency
Response 40-Hour Technician Training
OSHA 29 CFR 1910.120/1926.65
Hazardous Waste Supervisor #05-16008
Excavation Competent Person Safety Training
PROFESSIONAL ASSOCIATION
American Society of Civil Engineers (ASCE) –
Wisconsin Section Board of Directors
(2015–2019, 2020-Present)
Matt Dahlem’s technical background in engineering and hydrogeology helps
him take redevelopment projects from initial site assessment through
construction. Matt understands state environmental regulations, site
investigation and remediation, regulatory compliance, due diligence, site
redevelopment, legal support, risk reduction, project management, budget
control, resource management and environmental engineering design. Matt
interacts with multilevel governmental agencies and environmental attorneys
for contaminated site regulatory compliance.
PETRO-CHEMICAL BROWNFIELD REDEVELOPMENTS
Full site investigation, remediation and closure using Wisconsin Department of Natural Resources’
Petroleum Environmental Cleanup Fund Award Program for Client Reimbursement
Former Gas Station | City of Fond du Lac, Wisconsin
Former Gas Station | City of Oshkosh, Wisconsin
PRIVATELY OWNED AGRICHEMICAL FACILITIES
Full site investigation, engineering design, remediation and construction of new floor slab of site
building with design of new sup structures and concrete pad using Department of Agriculture,
Trade and Consumer Protection Agricultural Chemical Cleanup program to reimburse eligible
cleanup costs
Landmark Services Cooperative | City of Union Grove, Wisconsin
Helena Agri-Enterprises | City of Monroe, Wisconsin
PRIVATELY OWNED DRYCLEANER FACILITIES
Former One-Hour Martinizing | City of Green Bay, Wisconsin
Former Bay Towel | City of Green Bay, Wisconsin
Dillon J. Plamann
Project Hydrogeologist
EDUCATION
B.S. in Hydrogeology
University of Wisconsin-Stevens Point, 2014
CERTIFICATIONS
Occupational Safety and Health Administration
40-Hour Training for Hazardous Waste Operations
Wisconsin, Asbestos Inspector
Wisconsin, Lead Inspector
Wisconsin Department of Agriculture, Trade and
Consumer Protection, Tank-System Site Assessor
Dillon Plamann contributes to a variety of environmental projects, including soil
and groundwater investigations, remedial activities, due diligence and building
material assessments. He also works on reports, work plans, proposals,
budgets, and Phase I and II Environmental Site Assessments (ESAs).
PHASE I ESAs
Bayside Management | Milwaukee, Wisconsin
Master Cleaners | Wauwatosa, Wisconsin
Kiel Foundry | Kiel, Wisconsin
Hometown Bank | Fond du Lac, Wisconsin
Waldo State Bank | Waldo and Plymouth, Wisconsin
Coldwell Banker | Racine, Wisconsin
Hirschberg Law | Two Rivers and Oshkosh, Wisconsin
Furst-McNess | Arlington, Wisconsin
Commerce State Bank | Sheboygan, Wisconsin
Michael Best and Friedrich | Oshkosh, Wisconsin Bank First National | Manitowoc, Wisconsin
Avenue Realty | Fond du Lac, Wisconsin
PHASE II ESAs AND SOIL, VAPOR AND GROUNDWATER INVESTIGATIONS
Gorman & Company | Sheboygan and Fond du Lac, Wisconsin
Gates Properties | Beaver Dam, Wisconsin
Oostburg State Bank | Sheboygan, Wisconsin
Volp Property | Oshkosh, Wisconsin
Del Monte Foods | Cambria, Wisconsin
Landmark Services Cooperative | Genoa City, Wisconsin
River Country Cooperative | Marathon City, Wisconsin
Helena Agri-Chemical | Monroe, Wisconsin
Bay Towel | Green Bay, Wisconsin
Tidy Cleaners | Green Bay, Wisconsin
ASBESTOS ASSESSMENTS
Gorman & Company | Sheboygan, Wisconsin Greywolf Partners | West Milwaukee, Wisconsin
Deigan and Associates | Milwaukee, Wisconsin
City of Fond du Lac, Wisconsin
Camp Anokijig | Plymouth, Wisconsin
Kohler Credit Union | Sheboygan, Wisconsin
Village of Oostburg | Oostburg, Wisconsin
EXCAVATION OVERSIGHT
Bay Towel | Green Bay, Wisconsin
Landmark Services Cooperative | Genoa City, Wisconsin
Helena Agri-Chemical | Monroe, Wisconsin
LANDFILL MONITORING
Radandt Development | Sheboygan, Wisconsin
Spielvogel and Sons Excavating | Sheboygan, Wisconsin
Jenna R. Williams
Environmental Specialist
EDUCATION
B.S. in Conservation and Environmental
Sciences
University of Wisconsin–Milwaukee, 2014
CERTIFICATIONS
Occupational Health and Safety Administration
(OSHA) 30 Hour Certification
American Heart Association Heartsaver First Aid
CPR AED Instructor certification
Trace Analytics – AirCheck Lab – KPSII Microbial
Sampler certification
OSHA Hazardous Waste Operations and
Emergency Response 40-hour Certification
PROFESSIONAL ASSOCIATIONS
Federation of Environmental Technologists
Jenna Williams completes Phase I Environmental Site Assessments (ESAs),
groundwater sampling and monitoring. She samples for volatile organic
compounds and polycyclic aromatic hydrocarbons for private clients. She
completes GIS Surveys and soil boring sampling.
Jenna always works on Wisconsin regulatory program sites, such as Dry
Cleaner Reimbursement Program, Agri-Chemical Cleanup Program sites and
Petroleum Environmental Cleanup Fund Act sites.
PHASE I ESAs
Bank First National
National Exchange Bank & Trust
Blain Supply
Holland Town Real Estate
Van Horn Real Estate
PHASE II ESAs
Oostburg State Bank
Central Wire Industries
AGRI-CHEMICAL CLEANUP
Country Visions Cooperative | Reedsville, Wisconsin
Heartland Cooperative | Marathon City, Wisconsin
SUBSLAB VAPOR SAMPLING
Sheboygan River Basin Partnership, Wisconsin
Baker Cheese | St. Cloud, Wisconsin
Manitowoc County Department of Public Works | Manitowoc, Wisconsin
GROUNDWATER MONITORING
Charter Steel
Del Monte | Cambria, WI
Radandt Landfill | Sheboygan, WI
Megan K. Hansen
Engineering Technician
EDUCATION
A.S. in Environmental Hazardous Materials
Lakeshore Technical College, 2005
CERTIFICATION
Occupational Safety & Health Administration
(OSHA)
Megan Hansen collects, drafts and interprets data. Before joining Fehr
Graham, she specialized in emergency response, field characterization and
removal methods of unknown hazardous materials and wastes.
Megan is familiar with all aspects of project administration, health and safety
protocols and procedures, emergency response cleanup methods and
techniques, and transportation and disposal of waste streams. Megan
creates drawings using computer-aided design for the environmental and
remediation teams. She excels at customer relations, equipment knowledge
and maintenance and report preparation.
SAMPLE SOIL, GROUNDWATER AND VAPORS FOR ENVIRONMENTAL REPAIR SITES
Heartland Cooperative | Marathon City, Wisconsin
Helena Chemical | Eden, Wisconsin
Gunderson Cleaners | Neenah and Oshkosh, Wisconsin
Lee Cleaners | Rice Lake, Wisconsin
Pioneer Mobil | Fond du Lac, Wisconsin
SUPERVISION AND OVERSIGHT OF DRILLING PROJECTS, WITH NATURAL RESOURCES 141
COMPLIANT MONITORING WELLS, DEVELOPMENT AND BOREHOLE LOGS
Country Visions Cooperative | Reedsville and Manitowoc, Wisconsin
Heartland Cooperative | Marathon City, Wisconsin
Helena Chemical | Eden, Wisconsin
Pioneer Mobil | Fond du Lac, Wisconsin
Racine Redevelopment Authority, Wisconsin
ASSISTED WITH MANAGEMENT OF SUBCONTRACTOR NETWORK FOR SPILL RESPONSE
Veolia ES Special Services | Germantown, Wisconsin
PARTICIPATED IN AUDIT OF HURRICANE KATRINA RESPONSE WITH GOVERNMENTAL AGENCIES
Veolia ES Special Services | Neenah, Wisconsin
EMERGENCY RESPONSE EXPERIENCE WITH PETROLEUM FUELS, SOLVENTS, MERCURY,
CAUSTICS AND UNKNOWN MATERIALS
Confidential Clients | California, Oregon, Louisiana, Texas, Iowa, Minnesota, Wisconsin,
Illinois, Kentucky, South Carolina, Ohio and New York
EMS/Haliburton | Deepwater Horizon
US Oil | Green Bay, Wisconsin
RESPONSIBLE FOR ENVIRONMENTAL COMPUTER-AIDED DESIGN NEEDS
Bay Towel | Green Bay, Wisconsin
City of Rockford, Illinois
City of Sterling, Illinois
Gorman & Company | Illinois and Wisconsin
User Questionnaire
1
Phase I ESA User Questionnaire
In order to qualify for one of the Landowner Liability Protections (LLPs) offered by the
Small Business Liability Relief and Brownfields Revitalization Act of 2001 (the “Brownfields
Amendments”), the user must provide the following information (if available) to the
environmental professional. Failure to provide this information could result in a
determination that “all appropriate inquiries” is not complete. If additional space is
required, please attach a separate sheet along with any addition items requested.
(1) Environmental cleanup liens that are filed or recorded against the site (40 CFR
312.25).
Are you aware of any environmental cleanup liens against the property that are filed or
recorded under federal, tribal, state or local law?
(2) Activity and land use limitations that are in place on the site or that have been
filed or recorded in a registry (40 CFR 312.26).
Are you aware of any AULs, such as engineering controls, land use restrictions or institutional
controls that are in place at the site and/or have been filed or recorded in a registry under
federal, tribal, state or local law? (3) Specialized knowledge or experience of the person seeking to qualify for the LLP (40
CFR 312.28).
As the user of this ESA 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 this property reasonably reflect the fair market
value of the property? If you conclude that 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?
2
(5) Please provide the name and contact information for the owner(s), property manager(s),
and/or occupant(s) of the subject property. (6) 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 releases or
threatened releases? For example, as user,
(a) Do you know the past uses of the property?
(b) Do you know of specific chemicals that are present or once were present at the property? (c) Do you know of spills or other chemical releases that have taken place at the property? (d) Do you know of any environmental cleanups that have taken place at the property?
(7) The degree of obviousness of the presence of likely presence of contamination at the
property, and the ability to detect the contamination by appropriate investigation (40 CFR
312.31).
As the user of this ESA, based on your knowledge and experience related to the property are there
any obvious indicators that point to the presence or likely presence of contamination at the
property? (8) In addition, certain information should be collected, if available, and provided to the
environmental professional selected to conduct the Phase I. This information is intended to
assist the environmental professional but is not necessarily required to qualify for one of the
LLPs. The information includes:
(a) The reason why the Phase I is required.
3
(b) The type of property and type of property transaction, for example, sale, purchase,
exchange, etc.
(c) The complete and correct address for the property (a map or other documentation showing
property location and boundaries is helpful).
(d) Identification of all parties who will rely on the Phase I report. (e) Identification of the site contact and how the contact can be reached. (f) 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, correspondence, etc., concerning the property and its
environmental condition)
Completed By:
Name (print):
Company:
Title:
Signature:
Date:
1/2 Landowner Liability Protections, or LLPs, is the term used to describe the three types of legal defenses to Superfund liability in 40 CFR 312 Regarding Criteria Landowners Must Meet in Order to Qualify for Bona Fide Prospective Purchaser, Contiguous Property Owner, or
Innocent Landowner Limitations on CERCLA Liability
P:\Environmental\Sample Reports\Phase I\Questionnaires\User Provided Info Sheet-AAI updated.docx
Agreement
909 N. 8th Street I Suite 101 I Sheboygan, WI 53081 I p:920.453.0700 I f:920.453.0750 I fehr-graham.com Insight. Experience. Results.
AGREEMENT
FOR PROFESSIONAL SERVICES
Client Mike Blank
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903-1130
Description of Services:
City of Oshkosh - 2022 Capital Improvement Program Environmental Records Review
Fehr Graham to conduct the scope of work as outlined in the Statement of Qualifications, included herein.
COST:
The fixed fee for performing the above services is $25,780.
The attached General Conditions are incorporated into and made a part of this Agreement.
ACCEPTED AND AGREED TO:
I/we, the undersigned, authorize Fehr Graham to provide services as outlined above, and also agree that I/we are familiar
with and ACCEPT THE TERMS OF THE ATTACHED GENERAL CONDITIONS.
CLIENT: CONSULTANT:
Signature By
Name Name Joel P. Zirkle, PG
Title Title Principal
Date Accepted Date Proposed July 16, 2021
Version 1.0 September 2015 Page 1 of 2
GENERAL CONDITIONS TO AGREEMENT FOR PROFESSIONAL SERVICES
1. The Client requests the professional services of Fehr Graham hereinafter called “The Consultant” as described herein.
2. The Consultant agrees to furnish and perform the professional service described in this Agreement in accordance with accepted professional standards. Consultant agrees to provide said services in a timely manner, provided, however, that Consultant shall not be responsible for delays in completing said services that cannot reasonably be foreseen on date hereof or for delays which are caused by factors beyond his control or delays resulting from the actions or inaction of any governmental agency. Consultant makes no warranty, expressed or implied, as to his findings, recommendations, plans and specifications or professional advice except that they were made or prepared in accordance with the generally accepted engineering practices.
3. It is agreed that the professional services described in the Agreement shall be performed for Client’s account and that Client will be billed monthly for said services. A 1½% per month service charge will be incurred by Client for any payment due herein and not paid within 30 days of such billing which is equal to an ANNUAL PERCENTAGE RATE OF 18%. Partial payments will be first credited to the accrued service charges and then to the principal.
4. The Client and the Consultant each binds himself, his partners, successors, executors, and assigns to the other party to this agreement and to the partners, successor, executors, and assigns of such other party in respect to this agreement.
5. The Client shall be responsible for payment of all costs and expenses incurred by the Consultant for his account, including any such monies that the Consultant may advance for Client’s account for purposes consistent with this Agreement.
6. The Consultant reserves the right to withdraw this Agreement if not accepted within 30 days.
7. A claim for lien will be filed within 75 days of the date of an invoice for services (last day of services rendered) unless the account is paid in full or other prior arrangements have been made. All attorney fees incurred by the Consultant due to the filing of said lien or the foreclosure thereof shall be borne by the Client.
In the event suit must be filed by Consultant for the collection of fees for services rendered, Client will pay all reasonable attorney’s fees and court costs.
If Client defaults in payment of fees or costs due under the terms of this Agreement and Consultant incurs legal expenses as a result of such failure, Client shall be responsible for payment for Consultant’s reasonable attorney fees and costs so incurred.
8. The Consultant shall present, for the consideration of the Client, engineering and technical alternatives, based upon its knowledge and experience in accordance with accepted professional standards, with selection of alternatives and final decisions as requested by the client to be the sole responsibility of the Client.
9. Construction Phase Activities (When applicable) - In connection with observations of the work of the Contractor(s) while it is in progress the Consultant shall make visits to the site at intervals appropriate to the various stages of construction as the Consultant deems necessary in Agreement to observe as an experienced and qualified design professional the progress and quality of the various aspects of the Contractor(s)’s work. Based on information obtained during such visits and on such observation, the Consultant shall endeavor to determine in general if such work is proceeding in accordance with the Contract Documents and the Consultant shall keep the Client informed of the progress of the work.
The purpose of the Consultant’s visits to the site will be to enable the Consultant to better carry out the duties and responsibilities assigned to and undertaken by the Consultant during the Construction Phase, and, in addition, by exercise of the Consultant’s efforts as an experienced and qualified design professional, to provide for the Client a greater degree of confidence that the completed work of the Contractor(s) will conform generally to the Contract Documents and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by the Contractor(s). The Consultant shall not, during such visits or as a result of such observations of Contractor(s)’ work in progress, supervise, direct or have control over Contractor(s)’ work nor shall the Consultant have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractors(s) furnishing and performing their work. Accordingly, the Consultant can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)’ failure to furnish and perform their work in accordance with the Contract Documents.
10. Estimates of Fees – When fees are on a time and material basis the estimated costs required to complete the services to be performed are made on the basis of the Consultant’s experience, qualifications, and professional judgment, but are not guaranteed. If the costs appear likely to exceed the estimate in excess of 20%, the Consultant will notify the Client before proceeding. If the Client does not object to the additional costs within seven (7) days of notification, the increased costs shall be deemed approved by the Client.
11. The Consultant is responsible for the safety on site of his own employees. This provision shall not be construed to relieve the Client or the Contractor(s) from their responsibility for maintaining a safe work site. Neither the professional services of the Consultant, nor the presence of his employees or subcontractors shall be construed to imply that the Consultant has any responsibility for any activities on site performed by personnel other than the Consultant’s employees or subcontractors.
12. Original survey data, field notes, maps, computations, studies, reports, drawings, specifications and other documents generated by the Consultant are instruments of service and shall remain the property of the Consultant. The Consultant shall provide copies to the Client of all documents specified in the Description of Services.
Version 1.0 September 2015 Page 2 of 2
Any documents generated by the Consultant are for the exclusive use of the Client and any use by third parties or use beyond the intended purpose of the document shall be at the sole risk of the Client. To the fullest extent permitted by law, the Client shall indemnify, defend and hold harmless the Consultant for any loss or damage arising out of the unauthorized use of such documents.
13. No claim may be asserted by either party against the other party unless an action on the claim is commenced within two (2) years after the date of the Consultant’s final invoice to the Client.
14. If a Client’s Purchase Order form or acknowledgment or similar form is issued to identify the agreement, authorize work, open accounts for invoicing, provide notices, or document change orders, the preprinted terms and condition of said Purchase Order shall be superseded by the terms hereof.
15. Standard of Care – Services performed by Consultant under this agreement will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. No other representation expressed or implied, and no warranty or guarantee is included or intended in any report, opinion or document under this agreement.
16. Liability Insurance – Consultant will maintain such liability insurance as is appropriate for the professional services rendered as described in this Agreement. Consultant shall provide Certificates of Insurance to Client, upon Client’s request, in writing.
17. Indemnification and Limitation of Liability – Client and Consultant each agree to indemnify and hold the other harmless, including their respective officers, employees, agents, members, and representatives, from and against liability for all claims, costs, losses, damages and expense, including reasonable attorney’s fees, to the extent such claims, losses, damages or expenses are caused by the indemnifying party’s acts, errors or omissions.
The Client understands that for the compensation herein provided Consultant cannot expose itself to liabilities disproportionate to the nature and scope hereunder. Therefore, the Client agrees to limit Consultant’s liability to the Client arising from Consultant’s professional acts, errors or omissions, such that the total aggregate liability of Consultant shall not exceed $50,000 or Consultant’s total fee for services rendered on this Project, whichever is less.
18. Allocation of Risk – Consultant and Client acknowledge that, prior to the start of this Agreement, Consultant has not generated, handled, stored, treated, transported, disposed of, or in any way whatsoever taken responsibility for any toxic substance or other material found, identified, or as yet unknown at the Project premises. Consultant and Client further acknowledge and understand that the evaluation, management, and other actions involving toxic or hazardous substances that may be undertaken as part of the Services to be performed by Consultant, including subsurface excavation or sampling, entails uncertainty and risk of injury or damage. Consultant and Client further acknowledge and understand that Consultant has not been retained to serve as an insurer of the safety of the Project to the Client, third parties, or the public.
Client acknowledges that the discovery of certain conditions and/or taking of preventative measures relative to these conditions may result in a reduction of the property’s value. Accordingly, Client waives any claim against Consultant and agrees to indemnify, defend, and hold harmless Consultant and its subcontractors, consultants, agents, officers, directors, and employees from any claim or liability for injury or loss allegedly arising from procedures associated with environmental site assessment (ESA) activities or the discovery of actual or suspected hazardous materials or conditions. Client releases Consultant from any claim for damages resulting from or arising out of any pre-existing environmental conditions at the site where the work is being performed which was not directly or indirectly caused by and did not result from, in whole or in part, any act or omission of Consultant or subcontractor, their representatives, agents, employees, and invitees.
If, while performing the Services set forth in any Scope of Services, pollutants are discovered that pose unanticipated or extraordinary risks, it is hereby agreed that the Scope of Services, schedule, and costs will be reconsidered and that this Agreement shall immediately become subject to renegotiation or termination. Client further agrees that such discovery of unanticipated hazardous risks may require Consultant to take immediate measures to protect health and safety or report such discovery as may be required by law or regulation. Consultant shall promptly notify Client upon discovery of such risks. Client, however, hereby authorizes Consultant to take all measures Consultant believes necessary to protect Consultant and Client personnel and the public. Furthermore, Client agrees to compensate Consultant for any additional costs associated with such measures.
19. In the event of legal action to construe or enforce the provisions of this agreement, the prevailing party shall be entitled to collect reasonable attorney fees, court costs and related expenses from the losing party and the court having jurisdiction of the dispute shall be authorized to determine the amount of such fees, costs and expenses and enter judgment thereof.
20. Termination – The obligation to provide further services under this Agreement may be terminated by either party upon seven (7) days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. In the event of any termination, Consultant will be paid for all services rendered to the date of receipt of written notice of termination, at Consultant’s established chargeout rates, plus for all Reimbursable Expenses including a 15% markup.
21. Provision Severable – The unenforceability or invalidity of any provisions hereof shall not render any other provisions herein contained unenforceable or invalid.
22. Governing Law and Choice of Venue – Client and Consultant agree that this Agreement will be governed by, construed, and enforced in accordance with the laws of the State of Wisconsin. If there is a lawsuit, Client and Consultant agree that the dispute shall be submitted to the jurisdiction of the Wisconsin District Court in and for Green County, Wisconsin.
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