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HomeMy WebLinkAboutEnvironmental Protection Industries for Phase 1 Site Assessments for City Leased MWRDGC Properties $9,000 To: Edgar Cano - Public Works Agency Director From: Lara Biggs - City Engineer Stefanie Levine – Senior Project Manager Subject: Award of Phase 1 Environmental Site Assessments for City Leased MWRDGC Properties Date: September 20, 2024 Recommended Action: Staff recommends execution of an agreement with Environmental Protection Industries (16650 S. Canal, South Holland, IL 60473) to prepare Phase 1 Environmental Site Assessments for MWRDGC leased properties in the amount of $9,000.00. Funding Source: Funding is provided from the Capital Improvement Fund (Account 415.40.4124.62145- 524010), line item for Parks Contingency . This line item has an FY 2024 budget of $100,000, of which $36,106 is remaining. Summary : The City leases a number of properties from the Metropolitan Water Reclamation District of Greater Chicago (MWRDGC) along the North Shore Channel. These properties are utilized as public parks and as a community golf course. Currently, the lease for the vast majority of these properties expires in 2032, roughly eight years from now. As a result, the City cannot apply for or receive grants for these properties as m ost granting agencies generally require a minimum 20-year lease. To address this issue, staff is working with the MWRDGC to renew, extend and consolidate these leases. It is anticipated that the new leases will be for 50 years, the maximum timeframe allowed by the MWRDGC. The new leases will also be consolidated into two separate agreements, one for the park properties and a second for the golf course properties. As part of the lease renewal process, the MWRDGC requires Phase 1 Environmental Site Assessments (Phase 1 ESAs) be prepared for the affected properties. Staff therefore prepared and issued an RFP to three environmental engineering firms on August 13, 2024. Three responses to the City’s RFP were received on or before August 27, 2024 as follows: Memorandum Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Firm Name Firm Address Park Properties Golf Course Properties Environmental Protection Industries 16650 S. Canal, South Holland, IL 60473 $4,500.00 $4,500.00 Testing Service Corporation 360 S. Main Place, Carol Stream, IL 60188 $5,000.00 $5,000.00 GSG Consultants, Inc. 735 Remington Road, Schaumburg IL 60173 $17,500.00 Based on the responses received, staff recomm ends approval of award to Environmental Protection Industries for a total cost of $9,000.00. The consultant anticipates final reports will be provided within six to seven weeks following contract authorization. ______________________________________________ Edgar Cano, Public Works Agency Director Attachments: Consultant proposals Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Signer ID: PAMCLEJ2M9... 20 Sep 2024, 09:10:41, CDT Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Environmental Engineering • Assessment • Remediation • Brownfield Redevelopment • Construction Management Corporate Office 16650 South Canal • South Holland, IL 60473 • tx 1.800.526.1788 • fax 1.708.225.1117 • office 1.708.225.1115 website: www.environmental-epi.com August 21, 2024 Ms. Stefanie Levine City of Evanston Public Works Agency 2100 Ridge Avenue Evanston, Illinois RE: Phase I Environmental Site Assessment Proposal Exhibit 1 – Golf Course Evanston, Cook County, Illinois EPI Project/Proposal #24-450-AAI Dear Ms. Levine: Thank you for the opportunity to work with you on the above-referenced project. EPI has prepared this proposal to provide a Phase I Environmental Site Assessment (ESA) – ASTM 1527-21/AAI for the properties in connection with the Golf Course. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions, please do not hesitate to contact us. Sincerely, Environmental Protection Industries Sidney Klancir Environmental Project Manager Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI 2 Phase I Environmental Assessment Proposal Exhibit 1 – Golf Course Evanston, Cook County, Illinois EPI Project/Proposal #24-450-P1 August 21, 2024 Introduction Environmental Protection Industries (EPI) is pleased to provide this proposal to the City of Evanston (Client). This proposal has been prepared in response to a request by the Client. The intent of the proposed investigation is to complete a Phase I ESA for the properties associated with the Golf Course. Any special requirements need to be communicated to EPI prior to the initiation of this project and change orders may be needed. The subject property encompasses the eastern and western riverfront parcels – 21 in total – from Green Bay Road (south) to just north of Isabella Street (north). Roadways within the subject property boundary include Isabella Street, Central Street, and Lincoln Street. The following properties are included in the scope of work for this project: SECTION# PIN# ADDRESS TYPE 1.11A 05-35-307-036* Not listed Recreational 1.11B 05-35-307-036* Not listed Recreational 2.05 05-35-307-038* Not listed Recreational 05-35-314-001* Not listed Recreational 05-35-314-002* Not listed Recreational 05-35-314-003* Not listed Recreational 2.06 05-35-307-038* Not listed Recreational 05-35-315-001 Not listed Recreational 05-35-315-002 Not listed Recreational 05-35-315-003 Not listed Recreational 05-35-320-002* 1031 Central Street Recreational 2.07 05-35-314-001* Not listed Recreational 05-35-314-002* Not listed Recreational 05-35-314-003* Not listed Recreational 05-35-320-002* 1031 Central Street Recreational 2.08A 10-12-404-001* 1310 Lincoln Street Recreational 10-12-406-001* 1526 Colfax Street Recreational 10-12-407-001* 1414 Colfax Street Recreational 10-12-408-001 1310 Asbury Avenue Recreational 10-12-411-001 1526 Grant Street Recreational 10-12-411-002 1526 Noyes Street Recreational 11-07-101-002* 1124 Central Street Recreational Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI 3 11-07-111-001 2338 Asbury Avenue Recreational 2.08B 11-07-101-001* 1124 Central Street Recreational 11-07-101-002* 1124 Central Street Recreational 2.09G 10-12-403-009 2353 Jackson Avenue Recreational 10-12-404-001* 1310 Lincoln Street Recreational 10-12-405-007 2311 Poplar Avenue Recreational 10-12-406-001* 1526 Colfax Street Recreational 10-12-407-001* 1414 Colfax Street Recreational 11-07-101-002* 1124 Central Street Recreational 2.09H 11-07-101-001* 1124 Central Street Recreational 11-07-101-002* 1124 Central Street Recreational *PINs associated with more than one section. Scope of Work: 1.0 Phase I Environmental Site Assessment EPI will perform the Phase I Environmental Site Assessment (ESA) in accordance with the ASTM International (ASTM 1527-21) and in accordance with 40 CFR Part 312 - Standards and Practices for All Appropriate Inquiries (AAI). In addition, the Phase I ESA will comply with SBA Guidelines that are communicated prior to the initiation of this project. The purpose of a Phase I Environmental Assessment is to collect, identify and summarize information on any past or present recognized environmental conditions or activities at a site and adjoining and/or nearby properties. In addition, the purpose for conducting an Environmental Site Assessment by ASTM Standards on a parcel of commercial real estate, with respect to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), is to permit a user or potential responsible party to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA. Site Reconnaissance EPI will perform as systematic inspection of the properties, including the accessible areas of the interior of buildings, and inspection of the adjoining properties, with the intent to identify areas of concern and/or recognized environmental conditions including, but not limited to, hazardous materials or hazardous waste, chemical storage and handling, spills and leaks, PCB-containing equipment, visual indications or sources of contamination such as staining, solid waste disposal areas, underground or aboveground storage tanks, drums, unauthorized dumping, terrain anomalies and dead or stressed vegetation. EPI estimates the site inspections will require three (3) consecutive days on-site. The inspections are proposed to be performed during normal business hours Monday-Friday. Interviews The site reconnaissance will include interviews with the site contact, owners and tenants, and Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI 4 local officials, as applicable, at the time of the inspection. Telephone interviews will be conducted with personnel connected with the site if no one is available at the time of the site inspection. Interviews with the historical property owner(s), agents or representatives and/or local officials and/or federal and/or state agencies for information on the subject property or adjacent properties, as applicable, will also be conducted. Records Review EPI will review physical setting sources (topographic maps, geological and soil survey information), standard environmental sources - state and federal environmental databases, outlined in the ASTM Standard, to identify listed sites and environmental issues at the subject property and neighboring properties. Review of reasonably ascertainable historical use information to document site use includes, but not limited to, aerial photographs, fire insurance maps, building permits. City directories, zoning data, plat maps and topographic maps may also be reviewed. Freedom of Information Act (FOIA) requests are submitted for the subject property and sites identified to be recognized environmental conditions in connection with the subject property. A fifty-year search of property title records is not included. Non-Scope Considerations The EPI Phase I Environmental Site Assessment includes the following issues or conditions beyond the scope of the ASTM Standard: Asbestos-Containing Materials (ACM) Lead-Based Paint Hazards (LBP) Microbial Growth & Moisture Intrusion Environmental Non-Compliance Issues Wetlands Activity & Use Limitations (AULs) Vapor Intrusion (VI) Any special Lender requirements above the ASTM Standard must be communicated to EPI prior to initiation of the project. User Information EPI will include all User Information, identified under User Responsibilities in the Standard, in the Phase I Report that is supplied to EPI. In addition, EPI will include the previous Phase II Subsurface Investigation as background information, as applicable. Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI 5 Report A single report will be prepared that includes all residential and commercial/industrial properties. The Phase I Environmental Site Assessment Report will identify recognized environmental conditions in connection with the subject property. It will include findings and conclusions, site maps and photographs, documentation of site information and records review, signatures and certification of the environmental professional(s) responsible for Phase I Environmental Site Assessment and preparation of the report. 2.0 Cost Estimate The cost estimate, not to exceed, for the Phase I ESA work proposed herein is $4,500.00. The Phase I ESA Final Report will be provided within six (6) to seven (7) weeks of authorization of this contract. Project costs will be invoiced in accordance with the general Terms and Conditions of this proposal (See below). 3.0 Terms and Conditions See Attached General Terms and Conditions. Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI 6 4.0 Agreement Phase I Environmental Assessment Proposal Exhibit 1 – Golf Course Evanston, Cook County, Illinois EPI Project/Proposal #24-450-P1 August 21, 2024 The undersigned authorizes EPI to perform the Scope of Work. The undersigned represents and warrants that he/she is fully authorized to execute this Agreement on behalf of the company, corporation, partnership, or legal entity or themselves, as the case may be; that they have read and understood this document, all attached documents, and all documents incorporated by reference; and that he/she intend the company, corporation, partnership, legal entity, or themselves, as the case may be, to be legally bound by the same. Date: ___________________________________ Signature: ___________________________________ Name: ___________________________________ Title: ___________________________________ Company: ___________________________________ Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Edgar Cano Public Works Agency Director City of Evanston Signer ID: PAMCLEJ2M9... 20 Sep 2024, 09:10:41, CDT 09/20/2024 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-450-PI TERMS AND CONDITIONS The Client authorizes EPI to perform the Scope of Work described herein (Contract/Proposal #24-450- PI). The Client agrees that “Proposal” means this document and the Terms and Conditions described herein, together with all documents attached hereto and all documents incorporated by reference, and that such documents constitute the entire Proposal. The documents are intended to be construed consistently and as a whole, and anything that is required by one document shall be deemed to be required by all. All changes in the Scope of Work, including increases and decreases thereto, must be set forth in written Change Orders accepted by both the Client and EPI. The Client shall approve or disapprove any Change Order proposed by EPI within three (3) business days of receipt of same. EPI’s tender of the Change Order and the Client’s response may be made by telefax. Third Party Beneficiaries – No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. Force Majeure - Costs and schedule commitments shall be subject to negotiation for delays caused by Client’s failure to provide information or access to the site as required, the Client’s failure to timely respond to a Change Order request, or for delays caused by changes in the waste stream, unforeseen conditions at the site, unpredictable occurrences of force majeure events, such as fire, floods, strikes, riots, unavailability of labor or materials or services, bad weather, or action, inaction, or regulations of any governmental agency. Work stoppage or interruption caused by any of the above that result in additional cost and time to complete the Scope of Work, beyond that set forth in the Proposal, entitles EPI to an adjustment, by Change Order, to the cost and work schedule. For performance of the services provided for herein, EPI shall be compensated by the Client upon receipt of invoice. The Client understands that the fee is not contingent upon the closing of a transaction or the ability to receive financing for the property. Payment for services is not contingent upon reimbursement from any local, state or federal program, and EPI does not guarantee full reimbursement under any program. Unpaid balances shall be subject to interest at the rate of 1.5% per month, or the maximum permissible under state law, whichever is less, commencing thirty (30) days from the invoice date. The Client shall reimburse EPI for any administrative and legal expenses that EPI may incur in collecting its fees and expenses, including reasonable attorney fees. Client agrees to indemnify and hold harmless EPI, its agents, officers, employees, and its subcontractors, and assigns, from any and all claims, suits and causes of action relating in any way to loss, damage, injury and/or death to persons and property on or about the job site caused in whole, or in part, by the negligent, willful or intentional acts of the Client, its representatives, agents and employees or the property owner. EPI agrees to indemnify and hold harmless Client from all claims as described above where the claim arises out of the negligent, willful or intentional acts of EPI. Should the Proposal be accepted and the project canceled after it is initiated, the project will be billed on a percentage completed basis, and the information collected will be submitted to the Client, upon request. This Proposal is active for 30-60 days. Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Environmental Engineering • Assessment • Remediation • Brownfield Redevelopment • Construction Management Corporate Office 16650 South Canal • South Holland, IL 60473 • tx 1.800.526.1788 • fax 1.708.225.1117 • office 1.708.225.1115 website: www.environmental-epi.com August 21, 2024 Ms. Stefanie Levine City of Evanston Public Works Agency 2100 Ridge Avenue Evanston, Illinois RE: Phase I Environmental Site Assessment Proposal Exhibit 2 – Public Parks Evanston, Cook County, Illinois EPI Project/Proposal #24-451-AAI Dear Ms. Levine: Thank you for the opportunity to work with you on the above-referenced project. EPI has prepared this proposal to provide a Phase I Environmental Site Assessment (ESA) – ASTM 1527-21/AAI for the properties in connection with the Public Parks. Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. If you have any questions, please do not hesitate to contact us. Sincerely, Environmental Protection Industries Sidney Klancir Environmental Project Manager Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI 2 Phase I Environmental Assessment Proposal Exhibit 2 – Public Parks Evanston, Cook County, Illinois EPI Project/Proposal #24-451-P1 August 21, 2024 Introduction Environmental Protection Industries (EPI) is pleased to provide this proposal to the City of Evanston (Client). This proposal has been prepared in response to a request by the Client. The intent of the proposed investigation is to complete a Phase I ESA for the properties associated with the Public Parks. Any special requirements need to be communicated to EPI prior to the initiation of this project and change orders may be needed. The subject property encompasses the majority of the eastern and western riverfront parcels – 24 in total – from Church Street (south) to Green Bay Road (north). Roadways within the subject property boundary include Simpson/Bridge Street and Emerson Street. The following properties are included in the scope of work for this project: SECTION# PIN# ADDRESS TYPE 2.09A 10-12-321-026 2217 Simpson Street Recreational 10-12-322-003* 2135 Hartrey Avenue Recreational 2.09B 10-12-322-003* 2135 Hartrey Avenue Recreational 2.09C 10-12-319-007* 2148 Dodge Avenue Recreational 2.09D 10-12-319-006* 1914 Dodge Avenue Recreational 10-12-413-001* 2205 Dodge Avenue Recreational 2.09E 10-12-409-012* 1810 Noyes Street Recreational 2.09F 10-12-410-004-8001* 2222 Green Bay Road Recreational 2.10 10-12-322-002* 1911 Simpson Street Recreational 10-12-322-003* 2135 Hartrey Avenue Recreational 10-12-413-001* 2205 Dodge Avenue Recreational 10-12-414-001 2201 Payne Street Recreational 10-12-414-002 2146 Dewey Avenue Recreational 10-12-414-007* 2211 Dewey Avenue Recreational 10-12-419-001 2127 Dodge Avenue Recreational 10-12-419-007 2124 Darrow Avenue Recreational 2.11 10-12-319-006* 1914 Dodge Avenue Recreational 10-12-319-007* 2148 Dodge Avenue Recreational 10-12-322-002* 1911 Simpson Street Recreational 10-12-322-003* 2135 Hartrey Avenue Recreational 10-12-409-012* 1810 Noyes Street Recreational 10-12-410-004-8001* 2222 Green Bay Road Recreational Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI 3 10-12-413-001* 2205 Dodge Avenue Recreational 10-12-414-007* 2211 Dewey Avenue Recreational 3.01 10-12-322-003* 2135 Hartrey Avenue Recreational 10-13-102-011* 2315 Foster Street Recreational 10-13-103-001* 2121 Foster Street Recreational 10-13-103-004* 2012 Grey Avenue Recreational 10-13-106-001* 2323 Foster Street Recreational 3.02 10-12-322-003* 2135 Hartrey Avenue Recreational 10-12-102-009 2010 McCormick Boulevard Recreational 10-13-102-011* 2315 Foster Street Recreational 10-13-103-001* 2121 Foster Street Recreational 10-13-103-004* 2012 Grey Avenue Recreational 10-13-106-001* 2323 Foster Street Recreational 10-14-205-016 1900 McCormick Boulevard Recreational 3.03 10-13-106-001* 2323 Foster Street Recreational 10-13-111-001 2415 Wade Street Recreational 10-14-227-011 2526 Church Street Recreational 10-14-227-013 2526 Church Street Recreational 3.04 10-14-227-009 2525 Church Street Recreational 10-14-227-015 2530 Church Street Recreational *PINs associated with more than one section. Scope of Work: 1.0 Phase I Environmental Site Assessment EPI will perform the Phase I Environmental Site Assessment (ESA) in accordance with the ASTM International (ASTM 1527-21) and in accordance with 40 CFR Part 312 - Standards and Practices for All Appropriate Inquiries (AAI). In addition, the Phase I ESA will comply with SBA Guidelines that are communicated prior to the initiation of this project. The purpose of a Phase I Environmental Assessment is to collect, identify and summarize information on any past or present recognized environmental conditions or activities at a site and adjoining and/or nearby properties. In addition, the purpose for conducting an Environmental Site Assessment by ASTM Standards on a parcel of commercial real estate, with respect to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), is to permit a user or potential responsible party to satisfy one of the requirements to qualify for the innocent landowner defense to CERCLA. Site Reconnaissance EPI will perform as systematic inspection of the properties, including the accessible areas of the interior of buildings, and inspection of the adjoining properties, with the intent to identify areas of concern and/or recognized environmental conditions including, but not limited to, hazardous materials or hazardous waste, chemical storage and handling, spills and leaks, PCB-containing equipment, visual indications or sources of contamination such as staining, solid waste disposal Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI 4 areas, underground or aboveground storage tanks, drums, unauthorized dumping, terrain anomalies and dead or stressed vegetation. EPI estimates the site inspections will require three (3) consecutive days on-site. The inspections are proposed to be performed during normal business hours Monday-Friday. Interviews The site reconnaissance will include interviews with the site contact, owners and tenants, and local officials, as applicable, at the time of the inspection. Telephone interviews will be conducted with personnel connected with the site if no one is available at the time of the site inspection. Interviews with the historical property owner(s), agents or representatives and/or local officials and/or federal and/or state agencies for information on the subject property or adjacent properties, as applicable, will also be conducted. Records Review EPI will review physical setting sources (topographic maps, geological and soil survey information), standard environmental sources - state and federal environmental databases, outlined in the ASTM Standard, to identify listed sites and environmental issues at the subject property and neighboring properties. Review of reasonably ascertainable historical use information to document site use includes, but not limited to, aerial photographs, fire insurance maps, building permits. City directories, zoning data, plat maps and topographic maps may also be reviewed. Freedom of Information Act (FOIA) requests are submitted for the subject property and sites identified to be recognized environmental conditions in connection with the subject property. A fifty-year search of property title records is not included. Non-Scope Considerations The EPI Phase I Environmental Site Assessment includes the following issues or conditions beyond the scope of the ASTM Standard: Asbestos-Containing Materials (ACM) Lead-Based Paint Hazards (LBP) Microbial Growth & Moisture Intrusion Environmental Non-Compliance Issues Wetlands Activity & Use Limitations (AULs) Vapor Intrusion (VI) Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI 5 Any special Lender requirements above the ASTM Standard must be communicated to EPI prior to initiation of the project. User Information EPI will include all User Information, identified under User Responsibilities in the Standard, in the Phase I Report that is supplied to EPI. In addition, EPI will include the previous Phase II Subsurface Investigation as background information, as applicable. Report A single report will be prepared that includes all residential and commercial/industrial properties. The Phase I Environmental Site Assessment Report will identify recognized environmental conditions in connection with the subject property. It will include findings and conclusions, site maps and photographs, documentation of site information and records review, signatures and certification of the environmental professional(s) responsible for Phase I Environmental Site Assessment and preparation of the report. 2.0 Cost Estimate The cost estimate, not to exceed, for the Phase I ESA work proposed herein is $4,500.00. The Phase I ESA Final Report will be provided within six (6) to seven (7) weeks of authorization of this contract. Project costs will be invoiced in accordance with the general Terms and Conditions of this proposal (See below). 3.0 Terms and Conditions See Attached General Terms and Conditions. Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI 6 4.0 Agreement Phase I Environmental Assessment Proposal Exhibit 2 – Public Parks Evanston, Cook County, Illinois EPI Project/Proposal #24-451-P1 August 21, 2024 The undersigned authorizes EPI to perform the Scope of Work. The undersigned represents and warrants that he/she is fully authorized to execute this Agreement on behalf of the company, corporation, partnership, or legal entity or themselves, as the case may be; that they have read and understood this document, all attached documents, and all documents incorporated by reference; and that he/she intend the company, corporation, partnership, legal entity, or themselves, as the case may be, to be legally bound by the same. Date: ___________________________________ Signature: ___________________________________ Name: ___________________________________ Title: ___________________________________ Company: ___________________________________ Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Public Works Agency Director City of Evanston Edgar Cano Signer ID: PAMCLEJ2M9... 20 Sep 2024, 09:10:41, CDT 09/20/2024 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 City of Evanston Phase I Proposal #24-451-PI TERMS AND CONDITIONS The Client authorizes EPI to perform the Scope of Work described herein (Contract/Proposal #24-451- PI). The Client agrees that “Proposal” means this document and the Terms and Conditions described herein, together with all documents attached hereto and all documents incorporated by reference, and that such documents constitute the entire Proposal. The documents are intended to be construed consistently and as a whole, and anything that is required by one document shall be deemed to be required by all. All changes in the Scope of Work, including increases and decreases thereto, must be set forth in written Change Orders accepted by both the Client and EPI. The Client shall approve or disapprove any Change Order proposed by EPI within three (3) business days of receipt of same. EPI’s tender of the Change Order and the Client’s response may be made by telefax. Third Party Beneficiaries – No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization or corporation not a party hereto, and no such other person, firm, organization or corporation shall have any right or cause of action hereunder. Force Majeure - Costs and schedule commitments shall be subject to negotiation for delays caused by Client’s failure to provide information or access to the site as required, the Client’s failure to timely respond to a Change Order request, or for delays caused by changes in the waste stream, unforeseen conditions at the site, unpredictable occurrences of force majeure events, such as fire, floods, strikes, riots, unavailability of labor or materials or services, bad weather, or action, inaction, or regulations of any governmental agency. Work stoppage or interruption caused by any of the above that result in additional cost and time to complete the Scope of Work, beyond that set forth in the Proposal, entitles EPI to an adjustment, by Change Order, to the cost and work schedule. For performance of the services provided for herein, EPI shall be compensated by the Client upon receipt of invoice. The Client understands that the fee is not contingent upon the closing of a transaction or the ability to receive financing for the property. Payment for services is not contingent upon reimbursement from any local, state or federal program, and EPI does not guarantee full reimbursement under any program. Unpaid balances shall be subject to interest at the rate of 1.5% per month, or the maximum permissible under state law, whichever is less, commencing thirty (30) days from the invoice date. The Client shall reimburse EPI for any administrative and legal expenses that EPI may incur in collecting its fees and expenses, including reasonable attorney fees. Client agrees to indemnify and hold harmless EPI, its agents, officers, employees, and its subcontractors, and assigns, from any and all claims, suits and causes of action relating in any way to loss, damage, injury and/or death to persons and property on or about the job site caused in whole, or in part, by the negligent, willful or intentional acts of the Client, its representatives, agents and employees or the property owner. EPI agrees to indemnify and hold harmless Client from all claims as described above where the claim arises out of the negligent, willful or intentional acts of EPI. Should the Proposal be accepted and the project canceled after it is initiated, the project will be billed on a percentage completed basis, and the information collected will be submitted to the Client, upon request. This Proposal is active for 30-60 days. Document ID: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd2e66 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Signature Certificate Envelope Ref:49fd7d45486a9f13a54475c7a0bc486f9c4c4660 Author: Paulina Albazi Creation Date: 20 Sep 2024, 09:02:54, CDT Completion Date: 20 Sep 2024, 09:10:41, CDT Document Details: Name: 2024-09-20 esa award memo with exhibit 1 and 2 Type: Document Ref: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd 2e66 Document Total Pages: 16 Document Signed By: Name: Edgar Cano Signer ID: PAMCLEJ2M9... 20 Sep 2024, 09:10:41, CDT Email: ecano@cityofevanston.org IP: 99.53.118.189 Location: BENSENVILLE, IL (US) Date: 20 Sep 2024, 09:10:41, CDT Consent: eSignature Consent Accepted Security Level: Email Document History: Envelope Created Paulina Albazi created this envelope on 20 Sep 2024, 09:02:54, CDT Invitation Sent Invitation sent to Edgar Cano on 20 Sep 2024, 09:05:12, CDT Invitation Accepted Invitation accepted by Edgar Cano on 20 Sep 2024, 09:10:19, CDT Signed by Edgar Cano Edgar Cano signed this Envelope on 20 Sep 2024, 09:10:41, CDT Executed Document(s) successfully executed on 20 Sep 2024, 09:10:41, CDT Signed Document(s) Link emailed to ecano@cityofevanston.org Signed Document(s) Link emailed to palbazi@cityofevanston.org Signature Certificate Envelope Ref:49fd7d45486a9f13a54475c7a0bc486f9c4c4660 Author: Paulina Albazi Creation Date: 20 Sep 2024, 09:02:54, CDT Completion Date: 20 Sep 2024, 09:10:41, CDT Document Details: Name: 2024-09-20 esa award memo with exhibit 1 and 2 Type: Document Ref: 28ff8cf7046d743faecdd8b96a3a4e268b289186030889013bc75b6586cd 2e66 Document Total Pages: 16 Document Signed By: Name: Edgar Cano Signer ID: PAMCLEJ2M9... 20 Sep 2024, 09:10:41, CDT Email: ecano@cityofevanston.org IP: 99.53.118.189 Location: BENSENVILLE, IL (US) Date: 20 Sep 2024, 09:10:41, CDT Consent: eSignature Consent Accepted Security Level: Email Document History: Envelope Created Paulina Albazi created this envelope on 20 Sep 2024, 09:02:54, CDT Invitation Sent Invitation sent to Edgar Cano on 20 Sep 2024, 09:05:12, CDT Invitation Accepted Invitation accepted by Edgar Cano on 20 Sep 2024, 09:10:19, CDT Signed by Edgar Cano Edgar Cano signed this Envelope on 20 Sep 2024, 09:10:41, CDT Executed Document(s) successfully executed on 20 Sep 2024, 09:10:41, CDT Signed Document(s) Link emailed to ecano@cityofevanston.org Signed Document(s) Link emailed to palbazi@cityofevanston.org Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Approved as to form: Alexandra B. Ruggie Corporation Counsel 09 / 25 / 2024 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/23/2024 (773) 840-0695 (773) 840-0680 Environmental Protection Industries Inc. 16650 South Canal Street South Holland, IL 60473 14184 25445 A 5,000,000 7930124920001 3/30/2024 3/30/2025 50,000 5,000 5,000,000 5,000,000 5,000,000 1,000,000B ZM5460 3/30/2024 3/30/2025 5,000,000C XSCUW0030368400 3/30/2024 3/30/2025 5,000,000 A Professional Liabili 7930124920001 3/30/2024 Professional 5,000,000 A Pollution 7930124920001 3/30/2024 3/30/2025 Liability 5,000,000 The following are included as additional insureds if required by written contract with a named insured as their interests may appear with respects to General Liability: . City of Evanston Waiver of subrogation in favor of the additional insureds on General Liability applies if required by written contract. 30D NOC / 10D Non-Payment Applies City of Evanston 2100 Ridge Ave. Evanston, IL 60201 ENVIPRO-01 PATRA1 The Provant Group 351 W. Hubbard St., Suite 708 Chicago, IL 60654 John Elder jelder@provantgroup.com Homeland Insurance Company Of New York ACUITY Ironshore Specialty Insurance Aggregate 3/30/2025 X X X X X X Doc ID: 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 Contract with Environmental Protection Industries for Phase... 2024-09-20_...xhibits.pdf and 2 others 150e0cd4dc098c44ee2a0b52d58512dff1d3a284 MM / DD / YYYY Signed 09 / 25 / 2024 10:18:54 UTC-5 Sent for signature to Alexandra Ruggie (aruggie@cityofevanston.org) and Luke Stowe (lstowe@cityofevanston.org) from lthomas@cityofevanston.org IP: 66.158.65.77 09 / 25 / 2024 10:24:18 UTC-5 Viewed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 09 / 25 / 2024 10:24:35 UTC-5 Signed by Alexandra Ruggie (aruggie@cityofevanston.org) IP: 24.13.226.57 09 / 25 / 2024 10:45:01 UTC-5 Viewed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.77 09 / 25 / 2024 11:36:48 UTC-5 Signed by Luke Stowe (lstowe@cityofevanston.org) IP: 66.158.65.77 The document has been completed.09 / 25 / 2024 11:36:48 UTC-5