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HomeMy WebLinkAboutAECOM/Linwood AveA=COM May 29, 2015 Mr. Allen Davis City of Oshkosh 215 Church Avenue PO Box 1130 Oshkosh, Wisconsin 54903-1130 AECOM 920.235.0270 tel 558 North Main Street 920.235.0321 faz Oshkosh, Wisconsin 54901 Subject: Proposal for Phase I Environmental Site Assessment and Remediation Cost Estimate Related to the Proposed Site Redevelopment of the Former L.G. Kienast Excavating Property located at 227 Linwood Avenue, Oshkosh, Wisconsin AECOM Proposal No. OPP-382220 Dear Mr. Davis, AECOM Technical Services, Inc. (AECOM) is pleased to present this proposal to complete a Phase I Environmental Site Assessment (ESA) and a Remediation Cost estimate for the above referenced property ("Subject Property"). This proposal was prepared in response to your request made on May 27, 2015 to Mr. Paul F. Timm. AECOM understands that the Subject Property is located adjacent to the Oaklawn Middle School and consists of approximately 0.75 acres of land with 2 sheds and a Quonset hut which were used by L.G. Kienast Excavating as a workshop. There is residual petroleum contamination on site from two former Aboveground Storage Tanks (AST) which were closed in 1997. The site received conditional closure as Wisconsin Department of Natural Resource (WDNR) Leaking Underground Storage Tank (LUST) Case #03-71-1494. Our understanding is that the City of Oshkosh (City) wants to help facilitate the purchase of the Subject Property by the Oshkosh School District. The intent of this study is to perform a Phase I ESA and provide a cost estimate for the remediation of the residual petroleum contaminated soils. Scope of Services Phase I Environmental Site Assessment The Phase I ESA will be conducted in general accordance with the ASTM E-1527-13 standard. AECOM's Phase I ESA will provide information as to the potential that a significant hazardous material or petroleum hydrocarbon release may have occurred on or affected the Subject Property. The Phase I ESA will include the following tasks: Site Reconnaissance and Interview— A visual reconnaissance will be conducted of the Subject Property. AECOM will record observations of the presence or likely presence of conditions that indicate an existing release, a past release, or a material threat of a release of hazardous substances or petroleum products into structures on the Subject Property or into the ground, This document includes propnetary dala lhat shall not be duplicated, used or disclosed outsitle the Ciry of Oshkosh for any purpose other than ro evaluate Ihis documenl This restriction does not limit the City o( Oshkosh's right to use informalion wntained in this document if it is obtained from another source without resviction. OPP-382220_Kienast Phase I 8 Remedialion Cosl Eslimate Proposal.docx r_�xK.��i groundwater, or surface water of the Subject Property. Where appropriate, AECOM will record the following observations during the walkthrough of the Subject Property: • Subject Property and area vegetation for environmental stress and other ecological disturbances. • Subject Property and area for surface features that would indicate filling, impoundments, underground storage tanks, pipelines, wells or other surface penetrations. • Subject Property for the presence of filling or mounding, pits, ponds, or lagoons. • 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 at the Subject Property. • Subject Property and area 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.) • 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 Subject Property. • Subject Property 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. AECOM assumes that we will liaise with a designated City of Oshkosh representative to ensure proper coordination and to answer questions or address concerns during our site visits. As part of the reconnaissance activities, AECOM will make visual observations of immediately adjacent neighboring facilities for potential environmental concerns, to the extent that such observations can be made without entering the premises of the neighboring facilities. Physical Setting Information — AECOM will establish the physical setting for Subject Property by reviewing a United States Geological Survey 7.5 Minute Topographic Map showing the areas on which that Subject Property are located. AECOM will review soil/hydrology and groundwater/ hydrology information to the extent it is provided by the environmental database search company (Environmental Data Resources) or in previously prepared reports provided by City of Oshkosh. 2 Site History— AECOM will develop an understanding of the Subject Property history. This may be accomplished through interviews with City of Oshkosh personnel and others identified by the City of Oshkosh as familiar with the Subject Property, a review of locally available land use records, historical photographs, and topographic maps, etc. AECOM will make reasonable attempts to interview individuals with specific knowledge of or familiarity with the Subject Property, to the extent that such knowledgeable individuals are identified by City of Oshkosh or identified during the course of other ESA activities, and that the information K:\PROPOSAUCity of Oshkosh\OPP-382220_Kienast Phase I& Remediatian Cost Estimate\OPP-382220_Kienast Phase I 8 Remediation Cost Estimate ProposaLdocx raxK.���e 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. AECOM 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). Agency Records Review — AECOM will order a site-specific environmental database report for the Subject Property. AECOM will review these reports to evaluate whether the Subject Property or neighboring Property (within a specified radius search distance from 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). Where appropriate, AECOM will contact state and/or local governmental sources for relevant documents/file information concerning the Subject Property and adjoining Property. Freedom of Information Act requests will be made to the appropriate local and/or state agencies requesting information relative to the Subject Property. 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; and • Local agencies responsible for building and groundwater permits that document Activity and Use Limitations, also referred to as Institutional Controls and Engineering Controls, for the Subject Property. AECOM's records review will include those records that are readily available and reasonably ascertainable per the ASTM standard. Vapor Migration — AECOM will evaluate the potential for vapor migration (VM) to impact the Subject Property as required by the ASTM 1527-13 standard. VM is defined as the movement of volatile chemical vapors in soil or groundwater. AECOM will not evaluate vapor intrusion which is defined as the movement of volatile chemical vapors from a source in the subsurface (soil or groundwater) into the indoor air of overlying buildings through cracks or other openings. AECOM will evaluate the potential for VM to impact the Subject Property in general accordance with ASTM E2600-10, "Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions" (Standard Guide). User Responsibilities — Per the ASTM standard, it is the report "user's" (i.e., City of Oshkosh) responsibility to perform certain tasks, which do not require the technical expertise of an EP and are generally not performed by EPs conducting Phase I ESAs. Section 6.0 of the ASTM standard indicates that "reasonably ascertainable recorded land title records and lien records that are filed under federal, tribal, state, or local law should be reviewed to identify environmental liens (EL) or activity and use limitation (AUL), if any, that are currently recorded against the property" and that "any environmental liens or activity and use limitations so identified shall be reported to the Environmental Professional (EP) conducting a Phase I ESA." If you have this information you are required to provide it to the EP. If you do not have this information AECOM can conduct an EL and AUL search for an additional fee. Attached for your completion is a User Questionnaire which will assist you in communicating to AECOM the user-provided information. KiPROPOSAL\City of Oshkosh\OPP382220_Kienast Phase I 8 Remediation Cosl EsUmate\OPP-382220_KienasS Phase I& Remedialion Cost Estimate Proposal.docx AECOM Report Preparation — AECOM will compile and prepare a written report for the Subject Property, documenting the scope of our work activities and summarizing the results of our assessment. AECOM will provide you with a professional opinion as to the potential for there to be a significant on-site contamination problem, and recommendations for further work, if any. The report will include a site location map, site plan, representative site photographs, and supporting documentation, as appropriate. Additional Phase I ESA Components C! Please be advised that our assessment does not include the performance of any soil or groundwater testing program (e.g., soil borings, wells), underground tank tests, sampling and analysis of building materials for asbestos and lead based paint, or radon detection monitoring. Based upon the results of our initial investigation and your own assessment of the potential risks involved, the performance of such additional work may be recommended. Additionally, the following "non-scope considerations", as defined by ASTM E 1527-05, are not included in the proposed scope of services: • Testing of Potential Asbestos-Containing Building Materials; • Radon; • Health and safety; • Wetlands; • Testing of potential Lead-based paint; • Lead-in-drinking water; • Regulatorycompliance; • Cultural and historic resources; • Industrial hygiene; • Ecological resources; • Endangered species. • Indoor air quality; • Vapor intrusion; • Biological agents; and • Mold. Remediation Cost Estimate Based upon the results of the Phase 1 ESA AECOM will prepare a remediation cost estimate for the investigation and remediation of the site based upon the available data. Based upon this will include an estimate for any investigations necessary to confirm the extent and nature of the residual contamination and an estimate to complete the remediation of the soils necessary to restore the property to its intended future use which may include removal or capping of contaminated soils. The estimate will be prepared as an addendum to the Phase 1 Report. K:\PROPOSAL\City of Oshkosh\OPP382220_Kienasl Phase 1 8 Remetliation Cost Estimate\OPP-382220_Kienast Phase 18 Remediation Cost Estimare Proposal.docx AECOM Proiect Cost AECOM will perform the above-described scope of work at the Subject Property on a time-and- expense/unit cost basis for a fee of $3,500 for the Phase I ESA and $1,000 for the remediation cost estimate in accordance with the 2015 Negotiated Fee Schedule and the April 2009 Negotiated Terms and Conditions between AECOM and the City of Oshkosh, which are expressly incorporated into, and are an integral part of, our contract for professional services. Proiect Schedule AECOM is prepared to begin work on this project immediately upon authorization to proceed. AECOM is prepared to conduct the site visit beginning the week of June 8, 2015. The complete Phase 1 ESA Report will be available three weeks after the site visit and the remedial cost estimate addendum will be available one week after the completed Phase I ESA. Confidentialitv Statement This proposal was prepared by AECOM solely for your internal use in evaluating AECOM's proposal and deciding whether or not to contract with AECOM to perform the services described in the proposal. AECOM considers the pricing, technical, and business information contained in the proposal to be proprietary and confidential. This proposal and the information contained herein shall not be used for any purpose other than as specifically stated above and shall not be disclosed to any other parly without AECOM's prior written consent. Studv Limitations The above described scope of services is only intended to give approximations of the environmental conditions of the property limited to the particular environmental issues actually targeted. The possibility exists that major sources of future environmental liability have yet to manifest themselves to the point where they are reasonably identifiable through an external investigation such as the one conducted herein. As with any due diligence evaluation, there is a certain degree of dependence upon oral information provided by the property owner which is not readily verifiable through visual inspection or supported by any available written documentation. AECOM shall not be held responsible for conditions or consequences arising from relevant facts that were concealed, withheld, or not fully disclosed by the property owner at the time this investigation was performed. If inquiries to regulatory agencies require a Freedom of Information Act (FOIA) request, it should be noted that relevant FOIA information may not be received from the appropriate agency within the time frame of this project. �f this assessment indicates potential contamination-related problems, confirmation of the nature and extent of contamination would require the implementation of an extensive soils and/or groundwater monitoring program. The decision to implement such a program is dependent upon the clienYs respective assessment of the potential business risks involved, along with consideration of the various indemnification agreements, warranties, or representations that may exist between the parties to the property transaction. K:\PROPOSAL\City of Oshkosh\OPP-382220_Kienast Phase I& Remediation Cost Eslimate\OPP382220_Kienast Phase I& Remediation Cost Estimate Proposal.docx AECOM CIOSIf19 If the terms of this proposal are acceptable to you, please acknowledge your acceptance of this proposal by signing and returning the attached Project Authorization Form. You may return a copy of the signed authorization Paul Timm at Paul.Timm@aecom.com. Thank you for the opportunity to provide this proposal. We look forward to working with you on this project. If you have any questions, please feel free to contact either of the undersigned. Sincerely yours, � � �Z% ��� �� � Paul Timm Albert W. Cole AECOM Client Manager Senior Program Manager Gi�2G�%� Jennifer L. Obertino, PE Vice President Central Midwest Environment Business Unit Lead Attachments: Authorization ASTM 1527-13 User Questionnaire K:\PROPOSAL\Ciry of Oshkosh\OPP-382220_Kienast Phase I 8 Remediation Cost Estimate\OPP-382220_Kienast Phase I 8 Remedialion Cost Estimate Proposal.docx A=COM Authorization May 29, 2015 AECOM 920.235.0270 tel 558 North Main Street 920.235.0321 fax Oshkosh, Wisconsin 54901 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 Phase I Environmental Site Assessment and Remediation Cost Estimate Related to the Proposed Site Redevelopment of the Former L.G. Kienast Excavating Property located at 227 Linwood Avenue, Oshkosh, Wisconsin, as described in AECOM's proposal OPP-382220 dated May 29, 2015, with a budget authorization of $4,500 under the general terms and conditions specified in the proposal. �(}� ��p�� Sign ture Mark A Rohloff Print Name City Manager Title/Organization 1 �. ,( f _ _ � Signa ure � � Pamela R. Ubrig Print Name Title/Organization 't:���,a�,,�-t �"�"�,�)�Z� sign�tiire%� " ! r Lynn A. Lorenson Print Name City Attomey Title/Organization '1(Y,i�ro � Si ature Trena Larson Print Name Director of Finance Title/Organization 6/-� // � Date �-e �3/��n( �� Date �� 31 ��s Date �1�3115 Date K:\PROPOSAL\Ciry of Oshkosh\OPP-382220_Kienast Phase I& Remetliation Cost Estimate\OPP-382220_Kienast Phase I& Remediation Cost Estimate Prop05al.docx AECOM K:IPROPOSAL\City of Oshkosh\OPP-382220_Kienast Phase I& Remediation Cost Estimate\OPP-382220_Kienast Phase I 8 Remediation Cost Eslimate Proposal.docx AECOM I agree to accept invoices from AECOM via e-mail and not postal mail: � Yes Signature: E-mail address: Recipient Mr./Ms.: Return to: Name: Paul Timm 558 North Main Street Address: Oshkosh, WI 54901 Fax: 920.235.0321 Phone: 920236.6718 K:\PROPOSAL\Ciry of Oshkosh\OPP-382220_Kienast Phase I 8 Remediation Cosl Estimate\OPP-382220_Kienasl Phase I 8 Remedialion Cost Es[imate Proposal.docx ASTM 1527-13 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'),2 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 inquiry' is not complete. 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 quality for the LLP (40 CFR 312.28). As the user of the ESA do you have any specialized knowledge or experience related to the property or nearby Property? 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 properfy 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 propert}i? 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 propert}�? 5. Commonly known or reasonably ascertainable information about the property (40 DFR 312.30). Are you aware of commonly known or reasonable 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 propert}/? b) Do you know of specific chemicals that are present or once were present at the propert}i? c) Do you know of spills or other chemical releases that have taken place at the propert}i? d) Do you know of any environmental cleanups that have taken place at the propert}!� 6. The degree of obviousness of the presence or Iikely presence of contamination at the propeRy, 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 propertl/? Project Address: Project City: Project State Completed by: Company Name: � Landowner Liability Protecfions, or LLP's, is the term used to describe the three rypes of potential defenses ro Supertund liability in EPA's Interim Guidance Regarding Criteria Landowners Must Meet in Order to Quali(y for Bona Fide Prospective Purchaser, Contiguous Property Owner, or Innocent Landowner Limitalions on CERCLA Liability ("Common Elements" Guide) issued on March 6, 2003. ' P.L. 107-118.