HomeMy WebLinkAboutProposal_FehrGraham_Downtown_Transit_Center_Phase_II_ESA_Proposal_2022
909 N. 8th Street I Suite 101 I Sheboygan, WI 53081 I p:920.453.0700 I f:920.453.0750 I fehrgraham.com
Insight. Experience. Results.
Sheboygan 29, 2022
Mr. Jim Collins
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903
RE: Proposal - Phase II Environmental Site Assessment
222 Pearl Avenue
Oshkosh, Wisconsin, 54901
Dear Mr. Collins:
At the request of the City of Oshkosh, Fehr Graham is pleased to provide this proposal for Phase II
Environmental Assessment (ESA) services at 222 Pearl Avenue, Oshkosh, Wisconsin 54901 (herein
referred to as the Subject Property).
BACKGROUND
Based on the findings and opinions detailed in the Phase I ESA completed on September 20, 2022,
Fehr Graham recommends a Phase II ESA to investigate potential impacts on the Subject Property
resulting from the following identified Recognized Environmental Conditions (RECs):
Subject Property
» There is potential for contamination to have occurred on the Subject Property due to
historical coal storage on the Subject Property, 222 Pearl Avenue, Oshkosh, Wisconsin.
Adjoining and Surrounding Sites
» There is potential for past releases of Chlorinated Volatile Organic Compounds from north
near proximity drycleaning operations and an open Environmental Repair Program (ERP)
case (Gillens, LLC.) at 135 High Avenue, to have migrated onto the Subject Property.
» There is potential for a release of hazardous substances from the former northwest
adjoining railroad and rail spur to have migrated onto the Subject Property.
Regional Geology
According to the environmental database report physical setting summary, bedrock in the general
area is of the Sinnipee Group of the Ordovician period of the Paleozoic era. The Ordovician rocks are
comprised of dolomite, with some limestone and shale; and include the Galena, Decorah, and
Platteville formations (Bedrock Geology of WI, UW Extension, 1982). Depth to bedrock is generally
100 to 200 feet (Depth to Bedrock in Wisconsin, Geological and Natural History Survey, Compiled by
L.C. Trotta and R.D. Cotter, 1973).
The depth to water is estimated to be approximately 4 to 8 feet below grade and flowing to the
southwest based on a nearby remediation site, Gillen, LLC. (BRRTS# 02-71-519535).
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
September 29, 2022
City of Oshkosh
Phase II Proposal – 222 Pearl Avenue, Oshkosh, Wisconsin 54903
Page 2
SCOPE OF WORK
The Phase II ESA will conclude whether further assessment and/or remediation is warranted in
connection with the aforementioned RECs. All proposed Phase II ESA field activities will be
conducted by Fehr Graham professional staff. The proposed work scope includes the following:
1. Public and Private Utility Location - Prior to intrusive activities, a public utility locate will be
requested to identify utilities in the public right-of-way leading onto the Property. In
addition, a private utility clearance, utilizing ground-penetrating radar (GPR) will be
completed to identify subsurface utilities in the vicinity of each soil boring location on the
Subject Property. It should be noted that GPR technology and depth of penetration are
limited by several ambient and site-specific variables, including variations in surface and
subsurface material composition and site accessibility. It is the responsibility of the
landowner to provide known utilities and maps of utilities prior to the private utility
location.
2. Direct-Push Drilling – A total of two (2) soil borings (SB-1 and SB-2) will be advanced up to 15
feet below ground surface (bgs). See below for details at each boring location and purpose.
See the attached site map for proposed soil boring locations. Each boring will be advanced
up to 15 feet bgs to assess former coal storage on the Subject Property, the historical rail
operations on the northwest adjoining site, and the open ERP case at a former drycleaner
northwest of the Subject Property.
3. Soil Screening - Encountered soils will be screened during drilling with a photoionization
detector (PID) at regular intervals and where contamination is observed in order to
determine volatile contaminant impacts. Soils will be described and logged by Fehr Graham
professional staff.
4. Soil Sampling – Up to two (2) soil samples will be collected from each soil boring by Fehr
Graham professional staff, see below for soil sampling details, for a total of up to four (4)
soil samples. The soil samples will be collected at the direct contact interval (0 to 4 feet
below grade), and one of the following intervals: groundwater interface, the 1 foot interval
of soil boring where the highest amount of contamination is observed (based on PID, visual,
and olfactory evidence), where contamination is most likely to be encountered based on the
identified RECs (below fill material), or the bottom of the borehole. Soil samples will be
collected in laboratory certified containers and sent for laboratory analysis. Analysis of soil
samples will include the following contaminants of concern: Volatile Organic Compounds
(VOCs), Polycyclic Aromatic Hydrocarbons (PAHs), Resource Conservation and Recovery Act
(RCRA) metals, and Polychlorinated Biphenyls (PCBs).
5. Groundwater Sampling – The two (2) soil borings (SB-1 and SB-2) will be converted to
temporary groundwater monitoring wells by temporarily lowering PVC well screen and
casing into the borehole. If sufficient groundwater is encountered, the well will be purged
with a disposable bailer or pump until groundwater is visually clear. If limited amounts of
groundwater are encountered, the well will be sampled without purging. Up to two (2)
groundwater samples will be collected into laboratory-certified containers and sent for
laboratory analysis. Analysis of groundwater samples will include the following
contaminants of concern: VOCs, PAHs, RCRA metals, and PCBs.
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
September 29, 2022
City of Oshkosh
Phase II Proposal – 222 Pearl Avenue, Oshkosh, Wisconsin 54903
Page 3
6. Data Evaluation – Soil and groundwater analytical results will be tabulated and compared to
relevant Wisconsin Department of Natural Resources standards for the proposed
redevelopment land use (residential/commercial), set forth in Wisconsin Adm. Code
Chapters NR140 (groundwater) and NR720 (soil).
7. Fehr Graham will provide a Phase II ESA summary report presenting field observations,
findings, drawings, and tabulated analytical data. The summary letter will provide
conclusions on whether contamination exists and recommendations for further
investigation and/or remediation options.
EXCLUSIONS
Please note that the following items are excluded from the proposed scope of services:
1) Drilling and sampling within bedrock (weathered or competent) is considered an exclusion,
which will require different drilling methods with additional associated fees. Unconsolidated
geologic materials/soils are anticipated based on research conducted during the Phase I
ESA.
2) Investigation and remediation of contamination found to exist on the Subject Property.
3) The proposed scope of work does not include a vapor investigation. If soil and/or
groundwater contamination is observed during Phase II ESA field activities, a subsequent
vapor investigation may be recommended.
4) Abandonment of monitoring wells, depending on the Phase II ESA results, further
groundwater sampling may be warranted. If not, then abandonment of the monitoring wells
will be required, Fehr Graham will provide a cost estimate to complete this work under
separate cover.
5) Landscape restoration as a result of drilling and sampling activities.
6) Utility repairs related to unmarked or undocumented subsurface utilities/conduits.
7) Additional soil borings/sampling/laboratory analysis unrelated to the proposed scope of
work described above.
8) Analytical results are anticipated to be returned within 5 to 7 business days of the
laboratory receipt of the samples, the standard laboratory turnaround time. Additional costs
will be applied if expedited laboratory services are required by the client.
9) Unless otherwise specified, investigation derived waste (IDW) will not be containerized, nor
will waste characterization samples be collected or analyzed. Soil residuals will be returned
to boreholes with bentonite chips. Purged groundwater will be left on the site. Additional
costs will apply if IDW is to be containerized for transport and disposal.
10) Vapor mitigation design or installation of vapor mitigation systems.
11) Materials Management Plans for handling any contamination found to exist on the Subject
Property.
12) Asbestos and lead inspections on the Subject Property building. If demolition of the Subject
Property is required, Fehr Graham will provide a cost estimate to complete this work under
separate cover.
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
September 29, 2022
City of Oshkosh
Phase II Proposal – 222 Pearl Avenue, Oshkosh, Wisconsin 54903
Page 4
13) Abatement of any asbestos containing materials or lead-based paint.
14) Removal or disposal of any potential hazardous materials observed at the Property.
PROFESSIONAL FEES
The lump sum cost for performing the proposed Phase II ESA scope of services is $13,900.00.
Invoicing will be submitted to your attention on a monthly basis, based on percentage of project
completion.
SITE ACCESS
In the event that the Subject Property is owned by an entity other than the Client, it is the
responsibility of the Client to secure and establish written land access and communicate the scope
of the investigation with the landowner.
AUTHORIZATION
We appreciate the opportunity to provide you with this proposal. If this proposal meets your
approval, please sign and return the enclosed Agreement for Professional Services, which will serve
as your official authorization for us to proceed with the proposed work scope.
If you should have any questions, please do not hesitate to contact us. Thank you for the
opportunity.
Sincerely,
Matt Dahlem, PG Dillon Plamann, PG
Branch Manager Project Hydrogeologist
Attachments:
Figure 1: Proposed Sample Locations Map
N:\Proposals\2022\Dillon Plamann\City of Oshkosh\Pearl Avenue Phase II ESA\City of Oshkosh- Pearl Avenue - Phase II ESA Proposal.docx
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
ENGINEERING & ENVIRONMENTAL
Ó
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
909 North 8th Street I Suite 101 I Sheboygan, WI 53081 I p.920.453.0700 I fehrgraham.com
Insight. Experience. Results.
AGREEMENT
FOR PROFESSIONAL SERVICES
Client Mr. Jim Collins
City of Oshkosh
215 Church Avenue
P.O. Box 1130
Oshkosh, WI 54903-1130
920.236.5000
Description of Services:
City of Oshkosh - Phase II ESA, 222 Pearl Avenue, Oshkosh, WI
Fehr Graham to complete the scope of services as outlined in the proposal dated September 29, 2022, included herein.
COST:
The fixed fee for performing the above services is $13,900.
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 Matthew J. Dahlem, PG
Title Title Branch Manager
Date Accepted Date Proposed September 29, 2022
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
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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.
DocuSign Envelope ID: C7EDA6D1-0058-4CBB-8AE3-0EDC12102EE3
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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 required by the City. 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 available insurance limits 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. by multiplying the lump sum contract fee of $13,900 by the percentage of project completion on the date of termination less amounts previously paid.
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 Winnebago County, Wisconsin.
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