HomeMy WebLinkAbout22. 13-503.docx
NOVEMBER 12, 2013 13-503 RESOLUTION
(CARRIED___6-0_____LOST________LAID OVER________WITHDRAWN________)
PURPOSE: APPROVE AGREEMENT WITH AECOM FOR ENVIRONMENTAL
ENGINEERING SERVICES TO OBTAIN SITE CLOSURE ON LOT
OF PROPOSED RIVERS II DEVELOPMENT ($120,000)
INITIATED BY: COMMUNITY DEVELOPMENT
BE IT RESOLVED by the Common Council of the City of Oshkosh that the
proper City officials are hereby authorized to enter into and take those steps necessary
to implement an appropriate professional service agreement with AECOM for
environmental engineering services associated with site closure of a lot on the south
side of Marion Road for the proposed Rivers II development in the amount of $120,000.
Acct. No. 536-1040-6401-00000 TIF #21 Fund – Riverwalk Improvements
City of Oshkosh
Community Development Department Of HKO/H
215 Church Avenue, Oshkosh, WI 54901 ON THE WATER
TO: Honorable Mayor and Members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: November 7, 2013
SUBJECT: Approve Agreement with AECOM for Environmental Engineering Services to
Obtain Environmental Closure of Proposed Rivers II Development ($120,000)
BACKGROUND
The Community Development Department requested an environmental engineering services
contract from AECOM for the pending Rivers II project. The existing site must be remediated
and application and documentation submitted to WisDNR in order for the City to obtain a
Certificate of Completion for environmental liability. Final disposition of the property to the
Developer requires the Certificate of Completion.
ANALYSIS
In order for the City to sell the property at the end of construction, the City must prove that the
existing contaminants and poor soils on the Rivers II parcel have been remediated. AECOM's
scope of services for$120,000 is related to excavation, remediation, documentation and
reporting necessary for the City to sell the land. The engineering services include:
• Environmental documentation of site assessment and subsurface findings.
• Remediation documentation of the site construction activities.
• Coordination and reporting with WisDNR.
• Preparation of report for Certificate of Completion. (needed for land sale)
FISCAL IMPACT
The engineering fees for the project will be paid out of the Rivers II remediation budget of
$1,100,000 which includes a City-share of$800,000 and a state WEDC grant of$300,000. The
City is borrowing the $800,000 funds as part of the 2014 CIP through TID#21. The Developers
Agreement ensures that the City receives funds necessary to repay the borrowing.
RECOMMENDATION
The City Council approves the Environmental Engineering Services contract as presented.
Approved,
City Manager
n -GOM AECOM 920.235.0270 tel
�: 558 North Main Street 920.235.0321 fax
Oshkosh,Wisconsin 54901
July 18, 2013
Mr. Allen Davis
City of Oshkosh
215 Church Avenue
PO Box 1130
Oshkosh, Wisconsin 54903-1130
Subject: Proposal for Environmental Consulting Services Related to the Proposed Site
Development, Former Mercury Marine Plant 24 (The Rivers II), Marion/Pearl
Redevelopment Area, Oshkosh, Wisconsin
AECOM Proposal No OPP-214080
Dear Mr. Davis,
AECOM Technical Services, Inc. (AECOM) is pleased to present this proposal for professional
environmental engineering services related to obtaining a partial Voluntary Party Liability Exemption
(VPLE)for the proposed development east of The Rivers Senior Housing. This proposal presents
our understanding of this project, site knowledge, and previous VPLE experience on this site. This
proposal outlines our recommended scope of work and estimated fee for obtaining a VPLE for the
site development.
Protect Understanding
The City of Oshkosh is considering promoting site redevelopment by applying for a partial site
VPLE. The VPLE is a vital part of Brownfield redevelopment. AECOM has successfully assisted
the City in obtaining several VPLEs in the Marion/Pearl Redevelopment area. Based on previous
VPLE experience, we propose the following scope of work tasks:
Task A: Preparing a Lease Liability Clarification Request to WDNR.
Task B: Preparing an Exhibit and Legal description of the site.
Task C: Complete a Phase I Due Diligence Environmental Site Assessment(ESA).
Task D: Complete a Phase II subsurface site investigation to obtain VPLE certificate of completion
for the developed property.
Task E: Interface with Wisconsin Department of Natural Resources (WDNR) regulatory agency.
Task F: Provide on-site documentation of various components during site construction activities
related to environmental issues.
Task G: Prepare a report for certification of completion of VPLE.
This proposal assumes that the City will pay all WDNR fees associated with obtaining the VPLE.
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This document includes proprietary data that shall not be duplicated,used or disclosed outside City of Oshkosh for any purpose other than to
evaluate this document.This restriction does not limit City of Oshkosh's right to use information contained in this document if it is obtained from
another source without restriction.
OPP-214080_Rivers II VPLE Proposal_dss.docx
AECOM
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Scope of Services
Task A: Lease Liability Clarification Request
AECOM will prepare a request for a lease liability clarification from the WDNR. This request is
required based on the developer functional backing requirements. WDNR Form 4400-237 will be
completed on behalf of the developer and submitted to WDNR.
Deliverables:
AECOM will prepare and submit WDNR Form 4400-237 and required attachments. The City will
provide the $500 check for the WDNR review fee.•
Task B: Legal Description and Exhibit
AECOM will prepare a legal description and exhibit of the site based on the Excel Engineering site
layout figure, C1.0, dated 5/14/13 as provided by Andy Dumke.
Deliverables:
AECOM will prepare one draft copy of the legal description and exhibit for review and comment. A
final copy will be submitted in PDF format.
Task C: Phase I Due Diligence Environmental Site Assessment (ESA) •
The scope of services for the ESA was developed in accordance with the practices outlined in the
current American Society for Testing and Materials (ASTM) Standard (ASTM) E-1527-05, "Standard
Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process",
which meets the requirements of the All Appropriate Inquiry(AAI) Final Rule (40 CFR Part 312).
The ESAs are designed to evaluate: (1) whether a documented release of hazardous substances,
petroleum and petroleum products, pollutants, contaminants and controlled substances has
occurred that could constitute a significant contamination problem, or(2)whether there is reason to
believe that a recognized environmental condition (REC) may exist in relation to the subject
property. The ESA will include:
• A site reconnaissance to observe and record visual and physical observations of the
accessible portions of the subject property, including buildings and structures, to assess the •
presence of RECs and potential environmental concerns on the subject property and to view
adjacent properties from the subject property or public access points. AECOM will record
relevant observations during the site visit of the subject property including:
o Vegetation for environmental stress and other ecological disturbances,
o Surface features that would indicate filling, impoundments, underground storage
tanks, pipelines, wells or other surface penetrations,
o Filling or mounding, pits, ponds, or lagoons,
o Areas that are identified 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,
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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o Electrical equipment(e.g., transformers) and substations to observe condition,
leakage, and labeling that may indicate the owner and polychlorinated biphenyls
(PCBs)status (Note: Fluorescent light ballasts will not be individually inspected for
PCB-capacitors; however, leakage related to transformers will be noted.),
o Potable water supply and/or on-site wells (including dry wells, irrigation wells,
injection wells, and other wells),
o Wastewater treatment source and/or on-site septic systems,
o General storm water discharge routes into a drain, ditch, or receiving body of water
on or adjacent to the subject property,
o Preliminary Asbestos Containing Materials (ACM) and lead-based paint survey to
identify potential ACM within the buildings (137 South Campbell Road only). Any
potential ACM or lead based paint will need to be tested prior to demolition or
renovation under separate contract.
o Stained soil or pavement, and
o Waste handling areas or practices, chemical/industrial processing areas, and general
housekeeping practices.
• AECOM will make reasonable attempts to interview individuals with specific knowledge of or
familiarity with the subject property,.including present and past owners, operators, and/or
occupants of the property. Interviews with past owners, operators, and occupants will be
conducted to the extent that they have been identified by the client and/or the current
occupant and that the information likely to be obtained is not duplicative of information
obtained during the prior Phase I ESA or from other sources. These individuals may be
queried in person, by telephone, or in writing.
• Reviews of readily available and reasonably ascertainable environmental record information
for the subject property and review of whether the subject property or neighboring
properties (within a specified radius search distance from the subject property) are
included on the ASTM-specified standard and additional (e.g., local) environmental record
sources (e.g., spills, landfills/dumps, leaking underground storage tanks, etc.). Record
information will also be reviewed for Activity and Use Limitations (AULs) at the subject
property, also referred to as Institutional Controls (IC) and Engineering Controls (EC), if a
published state database is available. This record information will be obtained through a
third-party vendor, Environmental Data Resources (EDR) of Milford, Connecticut.
• Reviews of readily available and reasonably ascertainable local government records, such as
records maintained by building/planning departments, fire departments, health or
environmental health departments per the guidelines of the ASTM Standard E1527-05.
• Historical research of the subject property to develop an understanding of past subject
property uses or history, including reviews of previously prepared environmental reports, the
historical aerial photographs, Sanborn Fire Insurance Maps (if available), city directories, and
other historical maps/resources. Current or updated information and maps will be obtained as
appropriate and if readily available and reasonably ascertainable.
A final report for the subject property will be prepared to include documentation of the subject
property's location, description and environmental characterization, subject property history, history
and description of surrounding land uses, references used, a summary of findings regarding the
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
K:IPROPOSAL\City of OshkoshlOPP-214080_Rivers II VPLEIOPP-214080_Rivers II VPLE Proposal_dss.docx
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potential presence of recognized environmental conditions, the presence of data gaps, and
AECOM's opinion of the significance of the data gaps.
Deliverables:
AECOM will provide 4 hard copies of the final Phase I ESA report.
Task D: Phase II Subsurface Investigation
AECOM will complete the required phase II subsurface investigation as is anticipated to be
requested from WDNR. We anticipate that three rounds of groundwater samples will be collected
and analyzed for Volatile Organic Compounds (VOCs), Polynuclear Aromatic Hydrocarbons
(PAHs), and RCRA Metals from the four existing groundwater monitoring wells. In addition, eight
hydraulic probes may be advanced, which will facilitate the collection of additional soil and
groundwater samples. The soil and ground water samples will be analyzed for VOCs, PAHs, and
RCRA metals. We anticipate sixteen soil and groundwater samples will be collected and analyzed.
AECOM will also prepare a Sanitary Discharge Permit Application for disposal of the impacted
groundwater generated during construction. In addition, a soil management plan will be prepared
for review by WDNR and incorporated into the contractor specifications.
Deliverables:
AECOM will prepare a memorandum summarizing the results of the Phase II subsurface
investigation. The memorandum will provide recommendations that will be presented to WDNR for
consideration. In addition, a Sanitary Discharge Permit Application will be submitted to the City.
Task E: Interface with Regulatory Agencies
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AECOM will prepare correspondence summarizing pertinent details regarding the pursuit of the
VPLE. These documents will be provided to WDNR for review and consideration. We anticipate
that six meetings with the team members will be required.
Deliverables:
AECOM will prepare memorandums, emails and meeting summaries as necessary through the
project and distribute to appropriate team members.
Task F: On Site Construction Documentation
AECOM will provide trained environmental field staff to document the construction of the
environmental components of the project. These components include, Soil Management,
Contaminated Groundwater Management, Underground Utilities, Vapor Mitigation, and Site
Capping
Soil Management:
We propose to have an AECOM representative on site to observe and identify the excavation areas
containing petroleum/solvent impacted soil requiring disposal. This will be accomplished through
visual and olfactory observations (sheen, petroleum product, stained soils, and petroleum odors),
and field screening of the soils excavated for obvious signs of contamination. The AECOM field
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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staff will use a photo ionization detector(PID) to field screen the excavated soils. PID field
screening readings of 15 instrument units (equivalent to ppm) or higher will be considered
contaminated and hauled to the Valley Trail Facility. Nonpetroleum impacted fill soils/solid waste
that can be reused for site fill will be segregated and reused. Nonpetroleum/solvent impacted fill
soils/solid waste deemed not usable as backfill material will be hauled to the Valley Trail Facility for
disposal.
The contaminated soil disposed of in a landfill requires manifesting, which needs a signature by an
authorized representative of the City of Oshkosh. To expedite the processing of the landfill profile
acceptance applications and soil removal activities for this project, the City of Oshkosh will delegate
authority to AECOM to sign the waste profile application and transportation manifests on behalf of
(acting as an agent for) the City of Oshkosh. It is understood that the City of Oshkosh will remain the
responsible party for all final decisions regarding management and disposal of contaminated materials
encountered during this project. By authorizing this proposal, the City of Oshkosh will also be
authorizing Paul F. Timm and his designees of AECOM to act as the authorized agent for the City of
Oshkosh for completing the waste profile and transportation manifests, as needed, to dispose the
contaminated soil under this contract.
Contaminated Groundwater Management
We anticipate that groundwater removed from the project excavations will be collected and pumped
into the Oshkosh sanitary sewer system under the conditions that will be provided in the temporary
discharge permit obtained by AECOM. AECOM proposes to be on site periodically to make sure
the contractor is discharging groundwater in accordance with the anticipated temporary discharge
permit.
Underground Utilities
We anticipate utilities running through the solid waste fill and petroleum impacted areas could
create routes of less resistance for gases and liquids to migrate into and from the site. In
compliance with anticipated permit requirements, utilities entering and leaving the project area limits
will have a trench plug. Trench plugs will be placed where the utility line enters a structure.
AECOM proposes to document the location, construction, and size of each trench plug.
Vapor Mitigation
We anticipate a vapor barrier, comprised of an impermeable liner and passive venting system will
be installed below structure slabs and foundations to prevent the migration of moisture and vapors
produced by the solid waste fill and/or petroleum impacts left in place. This vapor barrier, consisting
of a polyethylene (PE) geomembrane sealed at the seams, provides a continuous barrier between
the subsoil and floor slab. The passive venting system will be comprised of perforated piping
between the building foundations, floor slab, and subsoil. AECOM proposes to document this
barrier's installation.
• Site Capping
AECOM will document the site capping components. These components include the paved parking
lot, lined storm water biofilters, fabric warning barrier under landscape areas, and building base slab.
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
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Deliverables:
AECOM field notes will be summarized in the VPLE Certificate of Completion (COC)Application
Report.
Task G: VPLE Application Report
AECOM will prepare one draft COC Request for review. The report will include all pertinent field,
laboratory, WDNR correspondence information and a request for COC. Final review comments will
be incorporated for submission to.WDNR. Four copies will be provided to the City
Deliverables:
AECOM will prepare one draft COC Request for review. Final review comments will be incorporated
for submission to WDNR. Four copies will be provided to the City
Project Fees
_ The following table summarizes our estimate of fees to complete the scope of services described
above.
Task A Lease Liability Clarification Request $ 3,500
Task B Legal Description and Exhibit $ 3,500
Task C Phase I ESA $ 5,000
Task D Phase fl Subsurface Investigation (including laboratory subcontract) $15,000
Task E Interface with Regulatory Agencies (6 meetings) $ 6,000
Task F*On Site Construction Documentation/Project Management $ 67,000
Task G VPLE, COC Application Report $ 20,000
TOTAL $120,000
Notes:
*Field Staff budget based on field and office effort of 8 hours per day,five days per week for a duration of 12 weeks or an
estimated total of 480 hours of field staff. The budget also includes supplies,equipment rental, and truck charges and
project management.
Terms and Conditions
Services described in this proposal will be performed on a time-and-expense/unit-cost basis. The .
attached 2013 Negotiated Fee Schedule indicates the unit prices for various elements of service we
expect will be utilized providing the services outlined in this proposal. This project will be complete
per the negotiated April 2009 Negotiated Terms and Conditions.
Please indicate your acceptance of this proposal by having an authorized individual of the City
execute the attached Authorization Form and return it to our Oshkosh office. If you have any
questions regarding the proposed scope of services and corresponding costs, please contact us at
your convenience.
Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
K:\PROPOSAL\City of OshkoshlOPP-214080_Rivers II VPLEIOPP-214080_Rivers II VPLE Proposaldss.docx
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Of course, if you wish to discuss the terms, conditions, and provisions of our proposal, we would be
pleased to do so.
Sincerely,
David S.Senfelds, P.E., CHMM 'aul F. Timm
Operations Manager Account Manager
n rew Mott, ".G. i .1
Senior Project Manger
Attachments:
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Authorization Form
Negotiated Terms and Conditions
Negotiated Fee Schedule
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Use or disclosure of data contained on this sheet is subject to the restriction on the first page of this document.
K:IPROPOSAL1City of OshkoshlOPP-2140802ivers II VPLEIOPP-214080_Rivers II VPLE Proposal_dss.docx
AECOM AECOM 920.235.0270 tel
558 North Main Street 920.235.0321 fax
Oshkosh,Wisconsin 54901
Authorization
July 18, 2013
I hereby certify that the necessary provisions have been made to pay the liability which will
accrue under this contract.
I hereby authorize AECOM to proceed with the scope of work for the Environmental Consulting
Services , Former Mercury Marine Plant 24 (the Rivers II) Project in Oshkosh, Wisconsin as
described in AECOM's proposal OPP-214080 dated July 18, 2013, with a budget authorization of
$120,000 under the general terms and conditions specified in the proposal.
Signature Date
Mark A Rohloff
Print Name
City Manager
Title/Organization
Signature Date
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Pamela R. Ubrig;
Print Name
City Clerk
Title/Organization
Signature Date
Lynn A. Lorenson;
Print Name
City Attorney
Title/Organization
Signature Date
Peggy A. Steeno
Print Name
Director of Finance
Title/Organization
To enhance and sustain the world's built,natural and social environments
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This fax is a confidential communication intended for the individual or entity named above. If the reader of this message is not
the intended recipient,please delete and note that dissemination,distribution,or copying of this communication is prohibited.
Thank You.
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