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Home My WebLink About2005 06-27 EDAP EDA MEETING City of Brooklyn Center June 27, 2005 AGENDA 1. Call to Order 2. Roll Call 3. Approval of Agenda and Consent Agenda —The following items are considered to be routine by the Economic Development Authority (EDA) and will be enacted by one motion. There will be no separate discussion of these items unless a Commissioner so requests, in which event the item will be removed from the consent agenda and considered at the end of Commission Consideration Items. a. Approval of Minutes Commissioners not present at meetings will be recorded as abstaining from the vote on the minutes. 1. June 13, 2005 Regular Session b. Resolution Approving Agreement Between City of Brooklyn Center EDA and Tetra Tech Regarding Work to be Performed Pursuant to Hennepin County Environmental Response Fund Grant Agreement Contract No. A042170 4. Public Hearing Item a. Purchase and Development Agreement with Volunteers of America for the Sale and Development of Land Requested Commission Action: Motion to re -open Public Hearing. -Take public input. Motion to close Public Hearing. Motion to take no action. 5. Commission Consideration Items a. Resolution Determining Default by Talisman Brookdale, LLC and Directing Delivery of Notice of Default and Authorizing Termination of Second Amended and Restated Development Agreement Requested Commission Action: Motion to adopt resolution. 6. Adjournment EDA Agenda Item No. 3a MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION JUNE 13, 2005 CITY HALL COUNCIL CHAMBERS 1. CALL TO ORDER The Brooklyn Center Economic Development Authority (EDA) met in Regular Session and was called to order at 9:46 p.m. by President Pro Tem Kathleen Carmody. 2. ROLL CALL President Pro Tem Kathleen Carmody and Commissioners Kay Lasman, Diane Niesen, and Mary O'Connor. President Myrna Kragness was absent and excused. Also present were Executive Director Michael McCauley, Assistant City Manager/Director of Operations Curt Boganey, Public Works Director /City Engineer Todd Blomstrom, Community Development Director Brad Hoffman, City Attorney Charlie LeFevere, and Deputy City Clerk Maria Rosenbaum. 3. APPROVAL OF AGENDA AND CONSENT AGENDA There was a motion by Commissioner Lasman, seconded by President Pro Tem Carmody to approve the agenda and consent agenda. Motion passed unanimously. 3a. APPROVAL OF MINUTES There was a motion by Commissioner Lasman, seconded by President Pro Tem Carmody to approve the May 23, 2005, Regular Session minutes. Motion passed unanimously. 4. PUBLIC HEARING ITEM 4a. PURCHASE AND DEVELOPMENT AGREEMENT WITH VOLUNTEERS OF AMERICA FOR THE SALE AND DEVELOPMENT OF LAND President Pro Tem Carmody discussed that the materials were not completed for this item and that the public hearing will be re- opened for public input and then tabled to June 27, 2005. A motion by Commissioner Lasman to re -open public hearing, seconded by Commissioner Niesen. Motion passed unanimously. 06/13/05 -1- DRAFT John Cramer, 2118 Brookview Drive, addressed the Commission to express his primary concern was about the height of the building; however, he knows nothing can be done. He questioned if Volunteers of America build the building, and discover they cannot make ends meet with low income seniors, sell the building. Executive Director Michael McCauley discussed that if the City entered into an agreement they would be required to use it for that purpose. The question becomes is there any agreement that is absolutely fool proof and the answer to that is no. Discussions continued on the use of the land and variances. Mr. McCauley discussed that this matter will be back on June 27, 2005, and that staff is hoping to have something for approval at that meeting. Ruby Cramer, 2118 Brookview Drive, addressed the Commission and questioned if there would be anyway they could put one -story buildings on that land that would give the City money to help eliminate the look of a three -story building. She expressed that she does not believe it is fair that they have no say in the type of building that will be built and that they will be losing their privacy. Commissioner Niesen discussed that she values the opinions residents bring forward and discussed zoning issues. Ms. Cramer expressed that she is unhappy about the project and does not want to have a three -story building in her backyard. Nancy Curtis, 2024 Brooview Drive, addressed the Commission to inform that she did not receive a notice about this project and to express her concern with a three -story building in her neighborhood. She discussed that she is familiar with the Volunteers of America and would like some language written in the proposal that they would only be providing to seniors since she knows they provide programs to more than seniors. Ms. Curtis questioned the notification process for projects such as this project in her neighborhood. President Pro Tern Carmody discussed that the mailing process is expensive and there is a line of demarcation. All public hearings are listed in the Sun Post Newspaper. Commissioner Niesen discussed that she believes communication is an issue and would like to work on it in the future. She likes to hear what residents have to say and would like to have the City look at its communication and evaluate it annually. Mayor Pro Tern Carmody expressed she believes the City's Website should provide language that the EDA meetings follow the Regular City Council meetings. A motion by Commissioner Lasman, seconded by Commissioner Niesen to continue the Public Hearing to June 27, 2005. Motion passed unanimously. The Commission recessed at 10 :12 p.m. and reconvened at 10:16 p.m. 06/13/05 -2- DRAFT 5. COMMISSION CONSIDERATION ITEMS 5a. RESOLUTION TRANSFERRING $67,000 INTO THE EARLE BROWN HERITAGE CENTER CAPITAL FUND Mr. McCauley discussed that this resolution would authorize a transfer of $67,000 from the Earle Brown Heritage Center (EBHC) Operating Fund to the EBHC Capital Improvement Fund for the purposes of financing capital improvements. Commissioner O'Connor questioned what the fiber optic lines are needed for and if the parking lot overlay would include both parking lots. Mr. McCauley responded that the fiber optic lines support the demand that the City is receiving for corporate and other training and meetings and that this will enhance the facility; and the parking lot overlay would be for the small parking lot in front of the EBHC. She inquired why the amount is more than the anticipated cost for the proposed expenditures. Mr. McCauley responded that the money goes into the fund and is available for capital projects which builds up the capital amounts so that it is available when staff is budgeting for the capital projects that happen in the future. Commissioner Niesen questioned if the fiber optic cost would be for installation. Mr. McCauley responded that the cost is for the installation of lines from City Hall to the EBHC. RESOLUTION NO. 2005 -09 Commissioner Lasman introduced the following resolution and moved its adoption: RESOLUTION TRANSFERRING $67,000 INTO THE EARLE BROWN HERITAGE CENTER CAPITAL FUND The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Niesen. Commissioner O'Connor voted against the same. Motion passed. 5b. UPDATE ON MEETING WITH BUSINESS OWNERS IN OPPORTUNITY SITE Commissioner O'Connor expressed that she would like to see more proactive communication with the businesses included in the Opportunity Site and informed that she had received letters from people who are concerned about some of the businesses that will be going under. She expressed that she does not understand why the City wants to get rid of 40 businesses and build housing. President Pro Tem Carmody discussed that the plan is not concrete and discussions will continue. 06/13/05 -3- DRAFT 6. ADJOURNMENT A motion by Commissioner Lasman, seconded by Commissioner Niesen to adjourn the meeting at 10:25 p.m. Motion passed unanimously. President 06/13/05 -4- DRAFT EDA Agenda Item No. 3b MEMORANDUM TO: Michael J. McCauley, City Manager FROM: Tom Bublitz, Community Development Specialist DATE: June 20, 2005 SUBJECT: Resolution Approving Agreement Between City of Brooklyn Center EDA and Tetra Tech Regarding Work to be Performed Pursuant to Hennepin County Environmental Response Fund Grant Agreement Contract No. A042170 Brooklyn Center Economic Development Authority (EDA) Resolution No. 2005 -08 authorized an agreement between the EDA and Hennepin County Environmental Services relative to a $60,000 grant award from Hennepin County's Environmental Response Fund (ERF) program for the Hmong American Shopping Center site. The agreement establishes terms and conditions for the expenditure and administration of the ERF grant award. ERF grant funds will allow the EDA to contract with an environmental consulting firm to determine the extent of certain contaminants found at the Hmong American Shopping Center site during a Phase II environmental investigation. The contaminants are from a former dry cleaning operation and former gasoline service stations located on the site. The ERF grant also provides funds for participation in the Minnesota Pollution Control Agency's (MPCA) Voluntary Investigation and Clean -up Program (VIC), which provides necessary MPCA oversight of the environmental investigation. EDA staff met with five environmental consulting firms to develop specifications to address the investigation of the contaminants at the Hmong American Shopping Center site pursuant to the ERF grant award. The five firms then submitted formal proposals based on the specifications agreed upon at the meeting of the environmental firms. The following firms submitted proposals for the environmental investigation work at the Hmong American Shopping Center site: Groundwater Environmental Services (GES) I $39,910 Tetra Tech I $34,915 Earth Tech I $46,594.90 GeoMatrix I $44,200 Barr Engineering I $44,988 Staff is recommending Tetra Tech be awarded the contract for the environmental investigation work at the Hmong American Shopping Center site. Tetra Tech submitted the lowest quote and has met the requirements of the Requests for Proposal (RFP) for the work. The enclosed contract with Tetra Tech reflects the requirements established by Hennepin County for the expenditure of ERF funds. The quote of $34,915 by Tetra Tech provides for specific work to address the extent and quantification of contaminants at the Hmong American Shopping Center site. Given the uncertainties related to tracking the contaminants on and potentially off the Hmong American Shopping Center site, the low quote of Tetra Tech provides a financial cushion if additional work is required based on results from the field. If no changes are required in the scope of work, then the $25,085 ($60,000 grant award minus Tetra Tech's quote of $34,915) can be used for activities related to development of a formal Remedial Action Plan which is required by the Minnesota Pollution Control Agency (MPCA) when clean up activities occur. It should be noted that all quotes submitted by all five firms reflect the potential for additional work to be required given results from the field. Copies of the RFP, Tetra Tech's proposal and the agreement required pursuant to Hennepin County's Environmental Response Fund program are included with a Resolution Approving Agreement Between City of Brooklyn Center EDA and Tetra Tech Regarding Work To Be Performed Pursuant To Hennepin County Environmental Response Fund Agreement No. A042170. REQUEST FOR PROPOSAL CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY (EDA) HMONG AMERICAN SHOPPING CENTER SITE CONTAMINATION ASSESSMENT PROJECT I. Introduction and Goals The scope of work contained in this Request for Proposal is based on the information obtained at the May 4, 2005 meeting to review and discuss options and alternatives for assessing the contamination at the Hmong American Shopping Center site in Brooklyn Center. The discussions at the May 4 th meeting brought to light many issues and potential solutions to the contamination assessment relating to the Hmong American Shopping Center site. Based on information obtained from the consultant discussions at the May 4' meeting, the following is a summary of the goals of the Hmong American Shopping Center site contamination assessment project. 1. The project will include the vertical and horizontal delineation of the dry cleaning contamination source as well as the extent of the contaminant plume. The project report will also include the vertical and horizontal delineation of the petroleum contamination on the site. The degree of contaminant impacts will be part of the report if practical and possible. Determining the degree may require additional effort if the plume extends significantly beyond the site. 2. The reportable for this part of the work product does not include a Response Action Plan (RAP). The report will be prepared in such a manner to allow it to eventually be expanded into a RAP. 3. The contamination assessment should be completed so that a Response Action Plan (RAP) can be prepared in time for the next round of ERF and/or DEED/Metropolitan Council grants in November, 2005. II. Scope of Work/Requested Services The proposed Scope of Work will include the delineation of the dry cleaning contaminant source on the northern portion of the site and petroleum contamination on the south portion of the property as well as the extent and possible degree of an y plume of dry cleaning contaminant that may have migrated off the property. City records confirm the presence of municipal sewer at the time the dry cleaners was established. A dye test may be necessary if sewer discharges cannot be confirmed. Any and all underground utility clearances for this project are the responsibility of the selected consultant. The scope of work will consist of: A. Delineation of Dry Cleaning Contamination Source. 1. The delineation of the dry cleaning contamination source will be accomplished with six geoprobe advancements to the water table (estimated at 25 ft. below grade). 2. The contaminant extent will be assessed either by use of the Membrane Interface Probe or by field screening with an appropriate field detection instrument described in the individual proposals. 3. Supporting soil samples will be collected and analyzed as appropriate and described in the individual proposals. A ground water sample will also be, collected and analyzed from the extent of each advancement as described in the individual proposal. 4. Sufficient sampling will be performed to provide adequate data to delineate the vertical and horizontal extent of the contamination. B. Offsite Dry Cleaning Contamination Plume Assessment 1. The assessment of the possible dry cleaning contaminant plume off the property site will be accomplished by no more than seven 12 hour days of geoprobe advancement. Anticipated average depth to ground water is 30 feet below grade. 2. Sampling will be performed on fence line transects at six advancement locations with anticipated 30 to 50 feet centering. 3. An on site mobile laboratory will be used for sample analysis. 4. Confirmation and QA/QC sampling will be performed as described on individual proposals. A report presenting the results of this work will be prepared to be used for preparation of a Response Action Plan (RAP) that will be submitted to the Minnesota Pollution Control Agency (MPCA) for approval and for potential funding. The preparation of the actual RAP is not part of the work scope for this project. Any monies from the currently approved ERF grant that are not expended in this initial effort may be used for additional assessment if needed. The currently approved grant amount will include the cost of this work scope and for MPCA VIC Program review and approval. Additions to this work scope suggested by the consultant within the approved ERF grant amount will be considered and may become part of this project. C. Submission of Proposals Completed proposals should be directed to Tom Bublitz, Community Development Specialist, City of Brooklyn Center, 6301 Shingle Creek Parkway Brooklyn Center, Minnesota. Proposals must be received no later than Thursday, June 2, 2005. It is anticipated the contract for the Hmong Ameican Shopping Center site contamination assessment project will be awarded at the June 13, 2005 EDA meeting. AGREEMENT BETWEEN EDA OF BROOKLYN CENTER AND TETRA TECH, REGARDING WORK TO BE PERFORMED PURSUANT TO HENNEPIN COUNTY II I ENVIRONMENTAL GRANT AGREEMENT CONTRACT NO. A042170 This Agreement, made as of the 27th day of June 2005, by and between the Economic Development Authority of Brooklyn Center, (the "EDA and Tetra Te ch (the "Contractor Whereas, the EDA has entered into an Environmental Response Fund Grant Agreement (ERF Agreement Contract No. A042170) with the Hennepin County Department of Environmental Services; and Whereas, the ERF Agreement specifies that the County shall grant to the EDA a sum not to exceed $60,000, which funds shall be only for expenses incurred in performing activities specified in the EDA's Environmental Response Fund Grant Application for approved assessment activities as may be described in the application and referred to herein as the "Project and Whereas, the EDA desires to enter into an Agreement with Tetra Tech for the performance of work pursuant to the Project. Now therefore, in consideration of the Premises and the mutual obligation of the parties hereto, each of them does hereby covenant and agree with the other as follows: ARTICLE I Section 1.1 REPRESENTATIONS AND WARRANTIES OF THE EDA. 1. The EDA is a pubic body corporate and politic and a governmental subdivision of the State, duly organized and existing under Minnesota Statutes, Sections 469.01- 047 and 469.040 -1081 as amended and has the authority to enter into this Agreement and carry out its obligations hereunder. 2. The EDA has entered into the Environmental Response Fund Grant Agreement with the Hennepin County Department of Environmental Services (ERF Agreement) a copy of which is included as Exhibit 1 to this Agreement and which is hereby made part of this Agreement as if fully set forth herein. 3. The EDA will carry out the provisions and requirements of the ERF Agreement with regard to its obligations set forth in the ERF Agreement including participation in the MPCA VIC Program as per the ERF Agreement. Section 2.2 REPRESENTATIONS OF THE CONTRACTOR. Tetra Tech (the Contractor) makes the following representations and warranties. 1. The Contractor will undertake the approved assessment activities described in the Hennepin County ERF Agreement and referred to in the ERF Agreement and this Page 1 Agreement as "the Project" pursuant to the Contractor's Proposal For Contamination Assessment Hmong American Shopping Center Site included as Exhibit 2 to this Agreement. Contractor agrees to begin the Project within 15 days of receiving notice to proceed from the EDA and within the terms stated herein. 2. The Contractor will keep and provide to the EDA, financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures relative to the Project, and agrees to comply with the requirements of Section 2 ACCOUNTING AND RECORDKEEPING, contained in the ERF Agreement. 3. The Contractor agrees to provide completed payment request forms, provided by Hennepin County, including supporting invoices as described in Section 3 PAYMENT /DISBURSEMENT SCHEDULE, in the ERF Agreement so that the EDA can submit payment requests to Hennepin County for payments made to the Contractor, pursuant to this Agreement. 4. The Contractor agrees to provide all necessary information and documentation to the EDA required by Section 4 REPORTING, of the ERF Agreement. 5. The Contractor and all subcontractors performing work relative to the project will undertake the work described in the Project in accordance with all local, state and federal laws and regulations (including but not limited to, environmental, zoning, building code, public health laws and regulations and employment and work place safety). 6. The Contractor and all subcontractors performing work relative to the Project shall comply with applicable federal or state laws, rules or regulations against discrimination including the provisions of Minnesota Statute Section 181.59, quoted as follows: a. "That in the hiring f common or skilled labor for the performance g p o mance of any work under any contract, or any subcontract hereunder, no contractor, material supplier, or vendor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which such employment relates; b. That no contactor, material supplier, or vendor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or person identified in clause (1) of this section, or on being hired, prevent, or conspire to prevent, the person or persons from the performance of work under any contract on account of race, creed, or color; c. That a violation of this section shall be a misdemeanor; and d. That this contract may be canceled or terminated by the state, county, EDA, or any other person authorized to grant contracts for Page 2 employment, and all money due, or to become due under the contract, may be forfeited for a second of any subsequent violation of the terms or conditions of this contract. 7. The Contractor hereby acknowledges and agrees to the provisions set forth in Section 6 TERMINATION, CANCELLATION AND ASSIGNMENT of the ERF Agreement and that if the ERF Agreement is canceled pursuant to Section 6 of the ERF Agreement, the Contractor agrees that the EDA shall not be responsible for payment for work performed under this Agreement which is not reimbursed by Hennepin County, provided Contractor receives timely notification of the ERF Agreement cancellation from the EDA. Contractor agrees that the EDA's financial responsibility to Contractor under this agreement will not exceed the payments made to the EDA by Hennepin County under the ERF Agreement. 8. INDEPENDENT CONTRACTOR The Contractor shall select the means, method and manner of performing the activities herein. Nothing is intended or should be construed in any manner as creating or establishing the relationship of co- partners between the parties hereto as the agent, representative, or employee of the EDA for any purpose or in any manner whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any and all personnel of the Contractor or other personnel while engaged in the performance of any work or services required by the Contractor under this Agreement shall have no contractual relationship with the EDA, and shall not be considered employees of the EDA. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Worker's Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment including without limitation, claims of discrimination against the Contractor, its officers agents, ents contract ors g or employees shall in no way be the responsibility of the EDA. The Contractor shall defend, indemnify and hold harmless the EDA, its officials, officers, agents, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the EDA, including, without limitation, tenure rights, medical and hospital care, sick leave, Worker's Compensat ion, Re- employment Compensation, disability, severance pay, and retirement benefits. 9. INDEMNIFICATION The Contractor shall indemnify and hold harmless the EDA and City of Brooklyn Center, its elected officials, commissioners, officers, agents and /or employees from and against all claims, damages, loss or expenses, including attorney fees, for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts, or obligations resulting from or arising out of, directly or indirectly, the negligent performance of this Agreement by the Contractor, the Contractor's employees, agents, contractors, or subcontr actors. Page 3 10. INSURANCE The Contractor agrees at all times during the term of this Areement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors and subcontractors to do likewise the insurance coverages specified in paragraphs 1, 2, 3 and 4 of Section 9 of the ERF Agreement. The Contractor shall require that any subcontractors rendering assessment activities under this Agreement furnish certificates of insurance to the EDA, of the insurance coverages listed above, and provide updated certificates as coverages expire. Prior to the start of work relative to the Project, certificates of all insurance required, on a form approved by the EDA, signed by an authorized representative of the insurance carrier, and stating that all provisions of the specified requirements are satisfied. The Contractor shall not begin any work until the EDA has reviewed and approved the insurance certificates. The policy shall be a standard form policy provided for by a carrier approved by the State of Minnesota and shall not contain any exclusions that will restrict coverage on any operations performed by the Contractor, or any subcontractors thereof. The olic p y or policies shall afford contractual liability coverage to provide coverage for the indemnification agreement. It is a condition of the Agreement that the policy or policies waive any or all governmental immunity as a defense in any action brought against the insured or any other party to the Agreement, up to policy limits. The policy shall further provide insurance to cover all of the contractors or subcontractors operating exposures and the operation of vehicles. Approval of the insurance by the EDA shall not in any way relieve or decrease the liability of the Contractor, the subcontractors hereunder, and it is expressly understood that the EDA does not in any way represent that the above specified insurance or limits of liability are sufficient or adequate to protect the Contractors or subcontractors interest or liabilities. In the event of cancellation of any of the policies, the company issuing the certificate of insurance shall provide 30 days written notice to the EDA. Failure to do so shall impose obligation and /or liability upon the issuing company. Certificates of insurance forms shall be drafted or altered to reflect these conditions. Page 4 All responsibility for payment of sums resulting from any deductible provision, corridor, or self insured retention conditions of the policy or policies shall remain with the Contractor or subcontractors. 11. AMENDMENTS This agreement between the Contractor and the EDA may be modified only by a written amendment executed by both the EDA and the Contractor. 12. MINNESOTA LAWS GOVERNED This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. In witness whereof, the EDA has caused this Agreement to be duly executed in its name and on its behalf and the Contractor has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written. EDA of Brooklyn Center, Minnesota By Its Executive Director Tetra Tech By Its Page 5 EXHIBIT 1 Contract No. A042170 ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT BETWEEN THE CITY OF BROOKLYN CENTER AND HENNEPIN COUNTY DEPARTMENT OF ENVIRONMENTAL SERVICES This Agreement is made on ar 31 O S, by and between the County of Hennepin, State of Minnesota "County" or "Grantor" at A2300 Government Center, Mpls, MN 55487) by and through its Department of Environmental Services "Department's and the City of Brooklyn Center by and through its Economic Development Authority, 6301 Shingle Creek Parkway, Brooklyn center, MN 55430 "Grantee'). Grantee has made application to the County for a grant to be used for assessment of potential contamination in the vicinity of 1910 -2000 57' Avenue North, in Brooklyn Center, which application is incorporated into this Agreement by reference. In consideration of the mutual promises set forth below, the parties agree as follows: 1. GRANT AMOUNT AND' COMPLETION The County shall grant to the Grantee a sum not to exceed sixty thousand dollars 60,000.00) which funds shall be only for expenses incurred in performing activities specified in the Application and as may be further described in Exhibit A to this Agreement or as approved by County staff. Approved assessment and/or clean -up activities as may be described in the application and Exhibit Aare referred to herein as the "Project Administrative costs incurred by the Grantee are not eligible for reimbursement via this Agreement. Grantee agrees to complete the Project within one (1) year of execution of this Agreement and within the terms stated herein. Any material change in the scope of the Project, including time schedule and budget,-must be approved in writing by the County. Funds made available pursuant to this Agreement shall be used only for expenses incurred in performing such purposes and activities described in the Application and this Agreement. 2. ACCOUNTING AND RECORD KEEPING For all expenditures of funds made pursuant to this Agreement, the Grantee shall keep financial records including properly executed contracts, invoices, and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Accounting methods shall be in accordance with generally. accepted accounting principles. Grantee agrees that the County, the State Auditor, or any of their duly authorized representatives at any time during normal business hours, and as often as they may reasonably deem necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to the accounting practices and procedures of the Grantee and involve transactions relating to this Agreement. Such materials shall be maintained and such access and rights shall be in force and effect during the period of the Agreement and for six (6) years after its termination or cancellation. 3. PAYMENT/DISBURSMENT SCHEDULE Grantor will disburse funds to Grantee pursuant to this Agreement, based on a payment request form provided by the Grantor, submitted by the Grantee and approved by the Grantor. Payment requests can be submitted once per month and must be accompanied by supporting invoices that relate to activities in the approved Project budget. Subject to verification of adequacy of a written disbursement request and approval of consistency with this Agreement, the Grantor will disburse the requested amount to the Grantee within four (4) weeks after receipt of a written disbursement request. 4. REPORTING Grantee shall submit to the Grantor a report on the distribution of funds and the ro ess of the Project covered from P gr J the date of the grant award through June 30 of each year. The reports must be received by the County no later than July 25 of each year. The report shall identify specific goals listed in the application and quantitatively and qualitatively measure the progress of such goals. Reporting forms will be provided by the Grantor. In addition, the required documentation listed in Attachment A should be supplied it becomes available. 5-CONTRACTS Grantee shall include in any contract, provisions that require contractors to comply with all applicable state and federal laws and regulations regarding employment and workplace safety. In accordance with Hennepin County's policies against discrimination, Grantee agrees that it shall not exclude any person from full employment rights or participation in or the benefits of any program, service, or activity on the grounds of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin; and no person who is protected by applicable Federal or State laws, rules, or regulations against discrimination shall be otherwise subjected to discrimination. Public Grantees and any contractors or subcontractors performing services as part of this Agreement shall follow that public Grantee's non discrimination policy. 6. TERMINATION, CANCELLATION AND ASSIGNMENT This Agreement may be canceled by the County upon sixty (60) days written notice to the Grantee without cause. In the event of such cancellation, Grantee shall be entitled to payment, determined on a pro rata basis, for work or services satisfactorily performed up to the effective date of such cancellation. If the County finds that there has been a failure to comply with the provisions of this Agreement, that reasonable progress has not been made toward commencement or completion of the assessment and/or clean -up activities specified in the Application and this Agreement, notwithstanding any other provisions of this Agreement to the contra and after written notice and reasonable r5' opportunity to cure the County fuse to disburse additional PP h' h' ma Y funds and/or require ue the return of q all or part of the funds already disbursed, to the extent such funds were used for purposes other than activities contemplated by this Agreement. This Agreement may not be assigned without the prior written consent of the County. 7. INDEPENDENT CONTRACTOR The Grantee shall select the means, method, and manner of performing the activities herein. Nothing is intended or should be construed in any manner as creating o- g or establishing en the parties g the relationship of co-partners between P hereto or as constituting the Grantee as the agent, representative, or employee of the .County for any purpose or in any manner whatsoever. The Grantee is to be and shall remain an independent contractor with respect to all services and activities performed under this Agreement. Any and all personnel of the Grantee or other persons while engaged in the performance of any work or services required by the Grantee under this Agreement shall have no contractual relationship with the County, and shall not be considered employees of the County. Any and all claims that may or might arise under the Minnesota Economic Security Law or the Workers' Compensation Act of the State of Minnesota on behalf of said personnel, arising out of employment or alleged employment including without limitation, claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way be the responsibility of the County. The Grantee shall defend, indemnify and hold harmless the County, its officials, officers, agents, and employees from any and all such claims irrespective of any determination of any pertinent tribunal, agency, board, commission, or court. Such personnel or other persons shall neither require nor be entitled to any compensation, rights, or benefits of any kind whatsoever from the County, including, without limitation, tenure rights, medical and hospital care, sick leave, Workers' Compensation, Re- employment Compensation, disability, severance pay, and retirement benefits. I 2 8. INDEMNIFICATION The Grantee agrees to defend, indemnify and hold harmless, the County, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly.from any act or omission of the Grantee, its contractors or subcontractors or anyone directly or indirectly employed by them, and/or any party that directly or indirectly benefits from the activities specified in this Agreement, and/or anyone for whose acts and/or omissions they may be liable in the performance of the activities specified in this Agreement and against all loss by reason of the failure of the Grantee to perform fully, in any respect, all obligations under this Agreement. 9. INSURANCE In order to protect the County and those listed above under the indemnification provision, the Grantee agrees at all times during the term of this Agreement and beyond such term when so required, to have and keep or cause to have and be kept in force, and to cause all contractors to do likewise, the following insurance coverages under either a purchased insurance or self insurance program: 1. Commercial General Liability on an occurrence basis with Contractual Liability Coverage: Limits General Aggregate $1,000,000 Products Completed Operations Aggregate 1,000,000 Personal and Advertising Injury 1,000,000 Each Occurrence Combined Bodily Injury and Property Damage 1,000,000 2. Automobile Liability Combined single limit each occurrence for 1,000,000 bodily injury and property damage covering owned, non owned, and hired automobiles. 3. Workers' Compensation and Employer's Liability: a. Workers' Compensation Statutory If the contractor is based outside the State of Minnesota, coverage must apply to Minnesota laws. b. Employer's Liability. Bodily Injury by: Accident Each accident 100,000 Disease Policy Limit 500,000 Disease Each Employee 100,000 4. Professional Liability Per Claim and Aggregate 1,000,000 The insurance must be maintained continuously for a period of two years after the termination of this Agreement. The Grantee shall require that any independent contractors rendering assessment and/or clean-up activities under this Agreement furnish certificates of insurance to the Grantee of the insurance coverages listed above, and provide updated certificates as coverages expire. An umbrella or excess policy over primary liability coverages is an acceptable method to provide the required insurance limits. The above establishes minim insurance requirements. It is the sole responsibility of the Grantee to determine the need for and to procure additional insurance which may be needed in connection with this Agreement. Copies of policies shall be submitted to the County upon written request. The Grantee shall not commence work until it and any contractors have obtained the required proof of insurance which clearly evidences required insurance coverages. i 3 If the Grantee fails to furnish proof coverages, if requested b the County, q y the County may withhold payments and/or pursue any other rights or remedy allowed under the contract, law, equity, and/or statute. 10. MERGER AND MODIFICATION It is understood and agreed that the entire Agreement between the parties is contained herein and that this Agreement supercedes all oral agreements and negotiations between the parties relating to the subject matter hereof. All items referred to in this Agreement are incorporated or attached and are deemed to be part of this Agreement. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing as an amendment to this Agreement signed by the parties hereto. 1 11. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and performance under it. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County of Hennepin, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. The Remainder Of This Page Was Intentionally Left Blank r 4 i COUNTY BOARD APPROVAL GRANTEE, having signed this agreement, and the Hennepin County Board of Commissioners having duly approved this agreement on the a i ar -o 2005, and pursuant to such approval the proper County officials having signed this agreement, the parh'es'hereto agree to be bound by the provisions herein set forth. Reviewed by the County Attorney's COUNTY OF HENNEPIN Office ST OF A -9 JJ �l� B Assistant County Attorney Chair of Its County Board Date: 0 ATTEST: Deputy /Cler of County Board And: Assis eputy /Co Administrator By: a 9 Assistant 4& Administrator, Public Works Date. 0 Recomme or Approval By: lector, DqEa5phent of Environmental Services Date: a,!!5 GRANTEE The Grantee certifies that the person who executed this Agreement is authorized to do so on behalf of the Grantee as required by applicable articles, bylaws, resolutions or ordinances.* Name: CITY OF BROOKLYN CENTER EDA By: tr Date: By-� Date: iCf'OX L J *GRANTEE shall submit applicable documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's dele gation of authority. This documentation shall be submitted at the time Grantee returns the Agreement to the County. Documentation is not required for a sole proprietorship. 5 This Page Was Intentionally Left Blank 6 Exhibit A City of Brooklyn Center Proiect Summarv: The project site consists of two single- tenant retail buildings occupied by a grocery store and an auto repair business and two multi -tenant retail buildings, all built in the 1950s and 1960s. The multi- tenant buildings are only partially occupied. The City of Brooklyn Center is considering redeveloping the site for mixed commercial and residential use. Soil and ground water contamination exists at the site as a result of past petroleum and dry- cleaning solvent releases. An ERF grant of $60,000 is awarded to the City of Brooklyn Center to evaluate the site and the extent of ground water contamination, which appears to extend into an adjacent residential area. This project previously received funding for preliminary assessment activities from Hennepin County's U.S. EPA Suburban Brownfields Assessment Grant ($27,000) and the ERF ($37,000). The following costs are based on a budget submitted by the Grantee. Modifications must be approved in writing by the Grantor. Approved Budget for Hmong American Site: Environmental assessment and RAP preparation 57,000 MPCA VIC Program costs 3.000 Total: 60,000 Reauired Documentation to be Submitted to Hennepin County: Consultant/Contractor/MPCA Invoices Environmental Assessment Report RAP MPCA Approval Letters Annual Project Progress /Summary Report(s). E -1 EXHIBIT 2 PROPOSAL FOR CONTAMINATION ASSESSMENT HMONG- AMERICAN SHOPPING CENTER SITE June 2, 2005 Submitted to: CiIJ' Of BROOKLYN CENTER a a. CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY Mr. Tom Bublitz Community Development Specialist 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 Submitted by: Tetra Tech a publicly traded corporation 2001 Killebrew Drive, Suite 141 Bloomington, Minnesota 55425 Mr. Scott Tracy Minnesota Operations Manager (612) 643 -2220 (612) 643 -2201 fax scotttracy@ttemi.com 3 rBRO Ci ty of Brooklyn Center EDA KLYN Proposal for Contamination Assessment TER Hmong- American Shopping Center Site 1.0 Table of Contents 1 .0 TABLE OF CONTENTS i 2.0 LETTER OF TRANSMITTAL ii 'I 3.0 STATEMENT OF OBJECTIVES ..............................1 3.1 General Understanding of the Project 1 3.2 Specific Work Tasks l 3.3 Resource Availability 4 4.0 EXPERIENCE AND QUALIFICATIONS OF THE PROJECT TEAM 5 4.1 Introduction to Tetra Tech 5 4.2 Additional Benefits to Selecting the Tetra Tech Team 5 5.0 QUALIFICATIONS OF PROJECT TEAM PERSONNEL 5 6.0 CITY PARTICIPATION IN TBE PROJECT ..............................8 7.0 COST PROPOSAL 8 8.0 MISCELLANEOUS CONCERNS 8 LIST OF ATTACHMENTS `1 ATTACHMENT A PROJECT EXPERIENCE SUMMARIES v ATTACHMENT B RESUMES AND ORGANIZATIONAL CHART ATTACHMENT C COST PROPOSAL Tetra Tech i June 2, 2005 i 2001 Killebrew Drive, Suite 141 Bloomington, Minnesota 55425 Phone (612) 643 -2220 Fax (612) 643 -2001 :J June 2, 2005 i Mr. Tom Bublitz Community Development Specialist City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 `J Subject: Proposal for Contamination Assessment Hmong- American Shopping Center Site Brooklyn Center, Minnesota Dear Mr. Bublitz: Tetra Tech is pleased to provide this proposal to the City of Brooklyn Center to conduct contamination assessment activities at the Hmong- American Shopping Center Site in Brooklyn Center. Our approach to this project is to provide the City of Brooklyn Center with a defendable level of inquiry into contaminant concerns, while attempting to leverage available funds to the maximum extent possible. Tetra Tech's proposed project personnel bring unmatched depth of experience to the project, and will ensure that all aspects of the project run smoothly and efficiently. Please feel free to contact our office at (612) 643 -2220 if you have any questions or if you would like to discuss any aspect of this proposal. We look forward to the opportunity of developing a long -term working relationship with the City. Sincerely, -1 �C�,6 C• /tea Scott C. Tracy, CBMM Director of Minnesota Operations ii XB ROOKLY-'V City of Brooklyn Center EDA Pr osal for Contamination Assessment TER Hmong- American Shopping Center Site 3.0 Statement of Objectives As discussed during our meeting on May 4, 2005, the primary objective of this project is to successfully delineate the source and extent of contamination (chlorinated solvent and petroleum hydrocarbon) originating from the subject property. This work is to be performed as a precursor to completion of a Response Action Plan (RAP) for submittal to the Minnesota Pollution Control Agency (MPCA), and is in response to the City of Brooklyn Center's desire to identify and remediate potential environmental exposure risks to the community and to facilitate redevelopment of the site. Tetra Tech is committed to supporting the City of Brooklyn Center in achieving its goals for the project site. Our reputation has been built on providing high quality, technically superior service to our clients for almost 40 years. s 3.1 General Understanding of the Project Tetra Tech understands the general requirements of the Request for Proposal (RFP) to include the following services: Provide pre- assessment support in the form of work plan development; acquisition of necessary project permits; review of sewer discharge connections; clearing of site utilities; and scheduling of, and attendance at, project meetings. Coordinate and oversee all contamination assessment efforts, including the collection of soil and groundwater samples to define the magnitude and extent of chlorinated solvent and petroleum M hydrocarbon impacts originating from the subject property. Discuss project results with City of Brooklyn Center staff and representatives, MPCA staff, and other stakeholders, as trequested. Suggest modifications to assessment work scope based on 5` initial field results, as deemed appropriate. s Achieve project objectives within allotted project budget and in accordance with City expectations, Hennepin County ERF Grant requirements, MPCA- approved procedures, and anticipated developer and citizen concerns. a Prepare a final report for the project activities that will serve as the basis for a RAP to be submitted to the MPCA and applicable granting agencies for site cleanup. i 3.2 Specific Work Tasks Tetra Tech respects the RFP process initiated by the City of Brooklyn Center on May 4, 2005, and has attempted to match our proposed work tasks with the assessment approaches discussed at that time. Our approach to this project is to provide the City of Brooklyn Center with a defendable level of inquiry into contaminant concerns, while attempting to leverage available funds to the maximum extent possible (including the use of available monies for other needed tasks, such as RAP preparation) for this project. Tetra Tech 1 June 2, 2005 l XB Cit y of Brooklyn Center EDA KLYN Pro osal for Contamination Assessment TER Hmong- American Shopping Center Site On -Site Chhlorinated Solvent Impacts Previous site assessment work completed at the subject property by Barr Engineering (Barr) has indicated chlorinated solvent impacts to on -site soil and groundwater from former dry cleaning operations. Based upon the results reported by Barr, it appears that soil impacts may be restricted to an area beneath the northern portion of Building A. Tetra Tech assumes that this area will be accessible for testing as part of the proposed assessment activities. Sanitary sewer lines will also be investigated as a potential source of soil contamination. Groundwater impacts reported by Barr appear consistent with a source area originating from beneath Building A. Additional groundwater sampling along the property boundary is proposed to detennine the extent of the observed impacts. Based upon Tetra Tech's review of the previous site assessment work for this area of concern, Tetra Tech recommends the following: Advance six direct push test borings to groundwater, assumed to be at 15 feet below ground surface (bgs), in the vicinity of the former dry cleaner located in Building A utilizing a Geoprobe. This should represent a field effort of one day. Specific locations will be determined after a field visit and will be specified in an MPCA work plan; however, locations will primarily be focused beneath the footprint of Building A and possibly adjacent to sanitary sewer lines for assessment of potential soil impacts, and will primarily 1 be located along the Logan Avenue North property boundary to assess for downgradient groundwater impacts. Collect continuous soil samples at each boring location and screen soil for visual and j odoriferous indications of contaminant impacts as well as for photoionization detector (PID) readings above background levels. It is Tetra Tech's opinion that the source area for soil impacts at the site is limited in extent, should be relatively self evident using routine field screening procedures, and does not warrant the additional time and expense of utilizing a membrane interface probe. ty Collect two groundwater samples at each boring location (one at the water table interface, and one up to 10 feet below the water table interface where changes in lithology might indicate a potential for denser contaminant constituents to accumulate) for horizontal and vertical profiling of potential volatile organic compound (VOC) impacts. Retain soil samples in areas of suspected soil contamination from the most contaminated interval at each boring location based on field screening and from the water table interface for laboratory analyses. In areas of suspected groundwater impacts only, retain samples from the water table interface for laboratory analyses. In the absence of field indications of contaminant impacts in areas of suspected soil contamination, retain soil samples from five feet bgs and the water table interface for laboratory analyses at each boring location. Submit soil and groundwater samples to a fixed -base laboratory for analysis of VOCs. Tetra Tech 2 June 2, 2005 j XBRO Ci ty of Brooklyn Center EDA KLIW Pro osal for Contamination Assessment TER Hmong- American Shopping Center Site Off -Site Chlorinated Solvent Impacts No data is currently available regarding off -site impacts from chlorinated solvents released at the subject property. If the results for the assessment of on -site impacts from chlorinated solvents indicate the potential for off -site impacts to exist, Tetra Tech recommends the following: Advance six direct push test borings to groundwater, assumed to be at 30 feet bgs, in a straight line (roughly north south) transect on 30 to 50 -foot centers utilizing a Geoprobe. The initial transect location would be based on observed concentrations of contaminants in groundwater at the boundary of the subject property, as determined by on -site assessment activities. It is assumed that transect locations would be in public rights -of -way, and that each transect can be completed within a 12 -hour work day. Tetra Tech will ensure that all necessary utility clearances, permits and traffic control measures are in place prior to initiating off -site work activities. Collect two groundwater samples at each boring location (one at the water table interface, and one up to 10 feet below the water table interface where changes in lithology might indicate a potential for denser contaminant constituents to accumulate) for horizontal and i vertical profiling of potential VOC impacts. Analyze the samples in the field for VOCs utilizing an WCA- approved field GC. In addition, one set of samples from each transect will be submitted to a fixed -base laboratory for quality assurance analyses of VOCs. Based on the results of the field GC analysis, determine the need for additional transects. If additional transects are necessary, their locations relative to the most recent transect will be evaluated so as to minimize the final number of transects needed. It is Tetra Tech's opinion that off -site characterization of chlorinated solvent impacts (if needed at all) should be achievable with 2 to 5 transects. On -Site Petroleum Hydrocarbon Impacts Previous assessment work completed at the subject property indicates that a continuing source of petroleum hydrocarbon contamination may be present on the southern portion of the site. Two i closed Leaking Underground Storage Tank (LUST) sites were reportedly listed for the subject property, attributed to former gasoline service stations. Based upon Tetra Tech's review of the assessment results reported by Barr for the site, it appears that additional assessment for petroleum hydrocarbon impacts in the vicinity of Building B is warranted. For this area of concern, Tetra Tech recommends the following: Advance six direct push test borings to groundwater, assumed to be at 15 feet bgs, in the Al vicinity of Building B utilizing a Geoprobe. This should represent a field effort of one day. Specific locations will be determined after a field visit and will be identified in the work plan submitted to the MPCA; however, locations will primarily be focused near previous Barr boring locations B -10 and B -11. Tetra Tech 3 June 2, 2005 .r City of Brooklyn Center EDA BROOKLYN Proposal for Contamination Assessment CCA7 R Hmong American Shopping Center Site Collect continuous soil samples at each boring location and screen soil for visual and odoriferous indications of contaminant impacts and for PID readings above background levels. Collect groundwater samples at the water table interface at each boring location. Retain soil samples from the most contaminated interval at each boring location based on field screening and from the water table interface for fixed -base laboratory analyses. In the absence of field indications of contaminant impacts, retain soil samples from five feet bgs and the water table interface for fixed -base laboratory analyses at each boring location. Submit soil samples for analysis of diesel range organics (DRO), gasoline range organics (GRO) and petroleum volatile organic compounds (PVOCs). Submit groundwater samples for analysis of DRO, GRO and PVOCs. 3.3 Resource Availability All key personnel on Tetra Tech's project team are based in the Twin Cities and will have adequate availability to ensure that the project is completed in a timely and professional manner. j Tetra Tech 4 June 2, 2005 XB Ci ty of Brooklyn Center EDA KLYN proposal for Contamination Assessment TER Hmong- American Shopping Center Site 4.0 Experience and Qualifications of the Project Team Tetra Tech is pleased to submit this proposal to assist in the assessment of the Hmong American Shopping Center Site for the City of Brooklyn Center. We believe that our proposed project team offers the City of Brooklyn Center unmatched qualifications and value for this project. The Tetra Tech project team has direct experience working on dry cleaning solvent release projects as well as significant experience working with municipalities, regulators and developers on complex brownfield redevelopment projects. Project team members have successfully worked together on many award winning redevelopment projects in the Twin Cities. Some of these projects are highlighted in Appendix A. 4.1 Introduction to Tetra Tech Tetra Tech is afull- service environmental engineering company with local and national expertise in performing exactly the scope of services required by this RFP. Throughout more than 100 offices worldwide, Tetra Tech employs over 7,000 staff with training in almost every discipline of the environmental industry. Tetra Tech's financial earnings will approach $1 billion in fiscal year 2004. The best indicator of future success is past performance. Tetra Tech's local office has grown from 2 to 15 employees in the past four years, and has worked on numerous award winning projects in the Twin Cities. j The office has maintained successful client relationships in the private sector, as well as with government agencies at the federal, state and local level. 4.2 Additional Benefits of Selecting the Tetra Tech Team Technical Expertise The Tetra Tech Team has a complementary diversity of staff with numerous professionals in every technical discipline that could be required for this project. We have selected the best possible personnel for this project arld have additional resources available if it becomes necessary to augment the Tetra Tech Team for additional tasks. w Project Value In this proposal we are offering the City of Brooklyn Center a proven project team with an extremely high level of experience on similar projects. If unexpected events do arise during the project, experienced staff will work with the City of Brooklyn Center to keep the project on track. j Strength and Financial Stability Tetra Tech is a financially viable company with earnings of nearly $1 billion projected for this fiscal year. Tetra Tech has been in business since the 1960's and has built a reputation for quality client service over the years 5.0 Qualifications of Project Team Personnel The Tetra Tech project team has been selected to provide the best possible service to the City of Brooklyn Center. Our project team has unique expertise that will help ensure that the project is completed to the satisfaction of the City of Brooklyn Center, the regulatory community, and the community at large. Complete resumes for key project team members are included in Attachment B, along with an organization chart outlining project responsibilities and lines of communication. Summaries of resumes for key personnel are provided below: Tetra Tech 5 June 2, 2005 I c,q.or City of Brooklyn Center EDA aROOxtrN Proposal for Contamination Assessment CENTER p Hmong- American Shopping Center Site Scott Tracy Senior Project Manager Mr. Scott Tracy, our proposed Senior Project Manager and Tetra Tech's Minnesota Operations Manager, has over eighteen years of project management and environmental remediation experience in the professional engineering and consulting field. His experience includes extensive project management and field support of high profile redevelopment projects within the Twin Cities. Highlights of Mr. Tracy's experience relative to this RFP include the following: Project Manager for a multi -block soil and groundwater investigation of a chlorinated solvent release from a former dry cleaner in the Midway area of St. Paul. This project included extensive receptor survey work associated with sanitary sewer line discharges from the dry cleaner. The project site was later redeveloped successfully. j Project Manager for assessment of former White Way dry cleaners site in Minneapolis. The site was an active dry cleaner for over 50 years, with multiple releases from solvent recovery tanks and leaking sewer lines. Project Manager for assessment and remediation of former Waldorf Nevens dry cleaner in St. Louis Park. Assessment activities included delineation of soil impacts and of on- and off -site groundwater impacts. Both tetrachloroethene (PCE) and tricholorethene (TCE) were detected at concentrations in excess of MPCA action levels. After preparation of an MPCA approved RAP, the site was awarded grant monies for cleanup of impacted soil and for long -term monitoring of groundwater impacts. The site was redeveloped for mixed commercial and residential use, and site building designs included passive soil venting systems for potential residual chlorinated solvent concerns. Project Manager for the Twin City Army Ammunition Plant Redevelopment Site in Arden Hills. Assisting the City and the site development team in evaluating various development scenarios, "d quantifying environmental,liabilities, and developing supplemental site assessment activities for a 680 -acre portion of the site being excessed by the Army. The site is a Federal NP site. Current development plans call for a mix of commercial, residential and recreational uses on the property in accordance with the City's framework plan for redevelopment. Rick Van Allen —Field Supervisor Mr. Rick Van Allen, our proposed Field Supervisor, is an experienced field geologist with over thirteen years of progressive experience in environmental consulting on a broad range of projects and tasks. Mr. Van Allen will be on site during all assessment activities. Mr. Van Allen has acted as project manager or field supervisor on the assessment and remediation of numerous petroleum, agricultural chemical, solvent, and metals- impacted sites. Highlights of Mr. Van Allen's experience relative to this RFP include the following: Field Supervisor for assessment and remediation of former Waldorf Nevens dry cleaner in St. Louis Park. Assessment activities included delineation of soil impacts and of on- and off -site groundwater impacts. Both tetrachloroethene (PCE) and tricholorethene (TCE) were detected at concentrations in excess of MPCA action levels. After preparation of an MPCA approved RAP, the site was awarded grant monies for cleanup of impacted soil and for long -term monitoring of groundwater impacts. The site was redeveloped for mixed commercial and residential use, and site building designs included passive soil venting systems for potential residual chlorinated solvent concerns. Tetra Tech 6 June 2, 2005 1 _1 XBROOKLYN City o f Brooklyn Center EDA Proposal for Contamination Assessment TER Hmong- American Shopping Center Site Field Supervisor, Stremel Manufacturing Company site assessment and remediation project, Minneapolis. Phase I and Phase R Environmental Site Assessments completed on at the property indicated soil staining, fluid releases and the presence of petroleum hydrocarbons, volatile organic compounds (VOCs), and RCRA metals in shallow soil and groundwater. Based on the assessment results, Tetra Tech and the MPCA determined that the excavation, stabilization, and off site disposal of impacted soil was the best remedial action for this site. At the completion of the response action, approximately 10,100 cubic yards of impacted soil was excavated and ;j disposed of at a Minnesota Subtitle D landfill. Mr. Van Allen served as Field Supervisor on a leaking underground storage tank site located in Tomah, Wisconsin. Removal of a 10,000- gallon gasoline UST revealed significant soil and groundwater contamination. Limited source removal was conducted during removal of the UST; however, the proximity of the site building and the neighboring property precluded removal of the majority of impacted soil. Under Mr. Van Allen's direction, field assessment was completed including collection of grab samples and field analysis of groundwater samples with a mobile gas chromatograph to document the extent and magnitude of the petroleum plume originating at the site. High permeability sands underlying the site and vicinity resulted in a large elongated plume which exited the subject property and was subsequently documented hundreds of feet down gradient. An extensive groundwater monitoring network was designed and implemented to track 1 plume migration and natural attenuation of the primary contaminant of concern, benzene. Assistant Project Manager for the Twin City Army Ammunition Plant Redevelopment Site in Arden Hills. Assisting the City and the site development team in evaluating various development scenarios, quantifying environmental liabilities, and developing supplemental site assessment activities for a 680 -acre portion of the site being excessed by the Army. The site is a Federal NPL site. Current development plans call for a mix of commercial, residential and recreational a uses on the property in accordance with the City's framework plan for redevelopment. a„ The table below provides a summary of the project role, education, registrations/certifications, and percentage of availability of the members of the Tetra Tech team. SUMMARY OF KEY TEAM MEMBERS PROJECT ROLES i Project Team s ,Years of Education Registrations/. Percentage of Member Project Role Experience Certifications Availability Scott Tracy Project Coordinator 18 B.S. CI INM 15 Rick Van Allen Field Supervisor 13 B.S. PG 50 Sean Flannery Field Technician 5 B.S. 50 Tetra Tech 7 June 2, 2005 i f City of Brooklyn Center EDA sRO ;L) N Proposal for Contamination Assessment CENTER Hmong- American Shopping Center Site 6.0 City Participation in the Project Tetra Tech does not envision asking the City of Brooklyn Center to participate in the project at a level that is beyond the overall project management role that it is already playing. Since the RFP essentially asks for a "turn-key" site assessment, we feel that the onus is on our team to perform as much of the work as possible so that City staff can concentrate on the responsibilities that they already have. ';I 7.0 Cost Proposal A copy of the cost proposal for this RFP is provided in Appendix C. In general, Tetra Tech intends to run this project at a maximum profit margin of 8 to 10 percent, with contractor invoices being processed directly by the City to save the City the expense of general and administrative markups. 8.0 Miscellaneous Concerns Tetra Tech warrants that, to the best of our knowledge and belief, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. Tetra Tech agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing will be made to the City of Brooklyn Center, which will include a description of the action that Tetra Tech has taken or proposes to take to avoid or mitigate such conflicts. i Tetra Tech has no additional concerns regarding this RFP. Tetra Tech 8 June 2, 2005 Tetra Tech EM Inc. I UPPER LANDING REDEVELOPMENT PROJECT ST. PAUL, MINNESOTA The Upper Landing Redevelopment Project is the realization of the vision of the St. Paul community to reintegrate and reconnect with the Mississippi River, a valued, historical resource, and to establish an Urban Village near its downtown core. Key elements to the success of this project have included a strong commitment to team building and community involvement, active alternative funding source identification procedures, implementation of effective site cleanup strategies, and a development design that incorporates the vision of a landmark urban village. This $170 million development will create approximately 600 new homes and approximately 2,500 linear feet of public green space along the Mississippi riverfront on land that was once listed as a state superfund site. The project developer, Centex Multi- Family Communities L.P. (Centex), worked with the City of St. Paul to overcome numerous project challenges, including site contamination issues, flooding issues, geotechnical issues, and design issues. As a partner in the development process with Centex and the City of St. Paul, Tetra Tech EM Inc. (TTEMI) has worked diligently with state organizations such as the Minnesota Pollution Control Agency (MPCA), the Metropolitan Council, and the Minnesota Department of Trade and Economic Development (DTED), to help reclaim St. Paul's riverfront with a mix of rental and owner- occupied housing, commercial retail space, public parks and trailways. The Upper Landing site is approximately 21 acres in size and lies along the largest undeveloped stretch of river front property along the Mississippi River in the Twin Cities metropolitan area. The site is within an area of St. Paul known historically as Uppertown, one of the oldest sections of the city and the first addition to the original plat of 1847. Uppertown was platted in 1849 by Henry M. Rice and John R. Irvine, as Rice and Irvine's Addition, and it covers an area south and A west of St. Paul's central business district. During the 1850s, Uppertown competed with Lowertown to be St. Paul's commercial center. Both areas maintained landings for steamboats, which brought goods and settlers to the newly incorporated Minnesota Territory. The upper steamboat landing was located at the foot of Chestnut Street, and there, early settlers like Irvine and Joseph Babcock maintained warehouses. The first development in the area around the landing was a mix of residential and commercial, including warehouses and stores, houses, and manufactories. During the 1850s, much of the land around the Upper Landing was low and swampy, though the landing itself consisted of a narrow strip of higher ground. In fact, early photographs and lithographs suggest that the landing was a sandbar island separated from the main shoreline by a narrow channel. Chestnut Street provided access to the landing via a low bridge built on wood pilings. During the 1870s, railroads outstripped steamboats as the preferred mode of transportation, both for freight and passenger service. The Minnesota Central (later Milwaukee) Railroad had built a.. j line on pilings and fill through the Upper Landing in 1869. The railroad was built on a, combination of raised grade and trestlework due to the swampy nature of the land. By the early 1880s, this area was dominated by the railroads and the Milwaukee owned all of the land. Although there had been a great deal of land filling in the area during previous years, the area still tended to retain water, particularly between Chestnut and Eagle streets. In addition to railroad fill, a levee was built up along the riverfront to alleviate flooding. This levee was well established by the late 1880s. By the 1880s, there was another type of development along the riverfront within the western portion of the Upper Landing— residential. Recent German and Polish immigrants established a colony of squatters' shanties, mainly in a row along the levee, and during the 1880s, Italian immigrants joined them. By the turn of the century, the community on the Upper Levee was made up almost entirely of ethnic Italians, mostly immigrants and their children. So strong was the ethnic flavor that one writer likened the community to "a village of southern Italy," and in fact, most of the residents had emigrated from the Campobasso province. Although there were other Italian communities in St. Paul, such as in Swede Hollow, the Upper Levee community came to be known as Little Italy. WMZ h r' t .ate .i 1.r Upper Landing, 1883 During the 1890s, the built environment in the area west of Chestnut Street changed little. To the east of Chestnut Street, land filling continued apace, and by the early- twentieth century, the area no longer contained pockets of standing water. The land uses remained consistent through the first decade of the twentieth century, though the Anheuser -Busch Brewing Association built a new warehouse circa 1903 on the east side of Chestnut Street near the levee. The two -story brick warehouse served as a brewery depot and stable, and it remained standing into the 1980s. ti. w 11 11 1' 11 Ik 1 1 111 1 1 1 111'1 •'I ,s e� ,"awi.�/,.aP f,nk p{(1 S.ty,•JI(� �r+ yi'3 OW Mm qtr *-7 7"�� ,tea- M 4= a V1fW !"ROM SMITH AVE MINN. 11• 'I: The grain terminal consisted of a reinforced concrete elevator tower and 18 reinforced- concrete storage tanks.. There was a one -story sack house attached to the north elevation of the tower and a detached, one -story office building to the east. g e Grain Terminal 1916 I SPRING A{%LLma CO. FLOW M/LL9 i9'4 B' A I 7 i 40 IrM UPPER Q l=J.'� Sulu y fiN. m M i a a J a a J F P T A i v e/ Sanborn Fire Insurance Map 1926 Built in conjunction with the Equity elevator, though as a separate enterprise, the St. Paul Milling Company flourmills were located just north of the elevator. The mill burned down in 1926, but it was rebuilt immediately. Two stone cutting operations flanked the grain terminal and mills. Neither of the stone cutting operations nor the St. Paul Milling Company survived the Great Depression of the 1930s. i .:I J Aerial Photograph 1925 looking east with Excel Energy plant in foreground �r W L ye �„y�+r+:`s r Aerial Photograph of Upper Landing 1924 By the mid 1940x, many buildings and structures west of Chestnut Street had been demolished leaving only the grain elevators and storage tanks, the railroad tracks, and the old stove warehouse. On the other hand, the grain terminal not only survived the Depression, it thrived in 'j the years following World War H. The terminal continued operating into the 1980s, but by the end of the decade, the City of St. Paul had acquired the site and cleared the structures as part of general riverfront improvement efforts. The Municipal Grain Elevator and Sack House are the only structures remaining from the grain terminal and flour milling operations. Farmer Union Grain Terminal 1955 s:I 1 Ri Y ik f uf[jt) t rf: aria +5 s t Little Italy 1952 Upper Landing 1959 _I After World War II, a combination of social, 3 natural and political forces brought an end to, St. Paul's Upper Levee Italian community. Educational and employment opportunities, as well as marriage outside of the community drew second and third- generation Italian- Americans out of the neighborhood. In 1951 and 1952, spring floods inundated the area, which in turn spurred the City to rezone it for industrial use. By the end of the 1950s, the x last residents were evicted from the Upper Levee, and the area became home to the Kaplan Scrap Iron Company. Last House in Little Italy 1960 From 1966 to 1988, the southwestern portion of the Upper Landing site was occupied by the H.S. Kaplan Scrap Iron and Metal Company (Kaplan). Kaplan conducted metals reclamation activities at the site, which included storing, sorting, and shredding scrap metal as well as possible reclamation of materials from batteries and transformers. During Kaplan's occupancy, several structures were present on the northern portion of the Kaplan portion of the site including a warehouse, garage, and office facilities. The foundation of a large metal shredder was also located in the southwestern portidn of the Kaplan property. These structures were demolished in r= 1990 after the Housing and Redevelopment Authority of the City of St. Paul (HRA) purchased the site from Kaplan in 1988. In 1988, the Kaplan portion of the site was placed on the Minnesota Permanent List of Priorities, which is the state Superfund list. The site remained vacant, and unused from 1990 to 2001. The northeast portion of the Upper Landing site was occupied by Harvest States, a company involved in grain storage. Almost all of the permanent structures were demolished in 1989 and 1990, including an elevator, a number of grain bins, and railroad spurs. The only remaining building is the Municipal Elevator and Sack House. The site was paved with gravel and utilized as parking space by the City from 1990 to 2001. In 1999, development interest in the site began to increase when TTEMI staff assisted Centex and the City of St. Paul in submitting a response action plan (RAP) for contamination cleanup to J the MPCA for approval, and subsequently applying for and receiving contamination cleanup PP q Y g P grant monies from the Metropolitan Council and DTED in a combined amount of $3.7 million. Implementation of the approved RAP for the site began in 2001 under TTEMI supervision, with floodplain and geotechnical corrections occurring concurrently. �`9Fe^ y' b ur i f a er ��``��n�P� �c �.'i T u I 1111. 9 ^5 P_ 1 .`bW� >.t f _;iu+' yil'�� ?Y'4 r s r r 11 111 K �."�`r :si. a J,,, Q'' -tea.. ^,a °�.�i x--,Y -aaaPr $g am- +4 .M, 1 :-Jt3F�i�i'sa"rsy -d4'�v`- �u^S•,q.{`y�1�,� -t Lr s Upper Landing Fill Material Approximately 500,000 cubic yards of clean fill was brought to the Upper Landing to replace the contaminated material removed and to raise the overall grade level at the site above the 100 -year ,A flood plain. Crews have also utilized a number of innovative techniques to reduce 20 years of natural settling into a 4 -month time period. Additionally, TTEMI worked with the MPCA to establish appropriate cleanup levels for the site's future residential use, and coordinated the issuance of liability release assurances from the .`y MPCA for Centex and the City of St. Paul. Conceptual Site Plan Construction activities at the site are currently underway, and should be completed by 2005. For more information regarding the Upper Landing Redevelopment Project, please contact Scott Tracy of TTEMI at (612) 643 -2200. City of Brooklyn Center EDA BROOKLYN Proposal for Contamination Assessment 00 C CENTER ER Hmong-American Shopping Center Site 1.0 Table of Contents 1.0 TABLE OF CONTENTS 2.0 LETTER OF TRANSMITTAL 3.0 STATEMENT OF OBJECTIVES 3.1 General Understanding of the Project 1 3.2 Specific Work Tasks I 3.3 Resource Availability 4 4.0 EXPERIENCE AND QUALIFICATIONS OF THE PROJECT TEAM 5 4.1 Introduction to Tetra Tech 5 4.2 Additional Benefits to Selecting the Tetra Tech Team 5 5.0 QUALIFICATIONS OF PROJECT TEAM PERSONNEL 5 6.0 CITY PARTICIPATION IN THE PROJECT 8 7.0 COST PROPOSAL 8 8.0 MISCELLANEOUS CONCERNS 8 LIST OF ATTACHMENTS ATTACHMENT A PROJECT EXPERIENCE SUMMARIES ATTACHMENT B RESUMES AND ORGANIZATIONAL CHART ATTACHMENT C COST PROPOSAL Tetra Tech i June 2, 2005 Tetra Tech EM Inc. R.S. EDEN FAMILY PROJECT ST. PAUL, AMgNESOTA The RS Eden Family Project is a partnership between RS Eden and the Wilder Foundation to provide 24' units of affordable, permanent housing for homeless families in Ramsey County, where at least one member is recovering from chemical dependency. Since 1971, RS Eden has been providing the Twin Cities area with substance abuse treatment, correctional residential programs, family services, and affordable housing. RS Eden is designed to help individuals and families develop social skill and values that will help them to enhance their communities. It is the belief of the organization that "with structure, stability, accountability, responsibility, fellowship, and faith in the possibility of success and status, people can and do change Together with various agencies throughout the Twin Cities, RS Eden has been contributing in rebuilding communities. In an effort to revitalize underutilized areas of St. Paul, the City of St. Paul Housing and Redevelopment Authority (BRA), the Minnesota Pollution Control Agency (MPCA), the Minnesota Environmental Initiative (MEI) and the Metropolitan Council (Met Council), often team to cleanup brownfield properties in and around the City of St. Paul and its suburbs. RS Eden purchased a vacant 3.5 acre parcel of property from the City of St. Paul HRA. The property, which was vacant at the time, had been previously used by the St. Paul Public Works Department and the Assembly of God Chapel as a loosely controlled landfill from sometime before 1940 until approximately 1980. a i- Test trenching and soil borings completed on behalf of RS Eden indicated that nearly 50% of the property was underlain by a combination of fly ash, potential municipal solid waste, and demolition debris consisting of concrete, r, r bricks, metal, wood, and tires buried to depths exceeding 20 feet below grade. Estimates for the total volume of buried waste material at the site ranged from 27,000 cubic yards to more than 40,000 cubic yards. Laboratory analysis of fly ash samples collected ra' from soil borings and trenches detected the presence of arsenic,s *ley tfi thallium, lead, and PAHs above MPCA residential land use standards. Select samples also indicated arsenic and lead above the MPCA industrial land use standards. z: Before redevelopment and construction on the site could begin, r complex issues involving the economics of the remediation needed to be resolved. Traditionally, contaminants of this nature are excavated ;y and removed from the project site. Tetra Tech EM Inc. (Tetra Tech) staff successfully prepared multiple grant applications on behalf of the City of St. Paul and the project was awarded over $525,000 for site remediation by the Met Council. Financial assistance was also provided by MEI to cover the costs of the MPCA's Voluntary Investigation and Cleanup Program. Although generous grant funding was awarded to the site, early on in the project planning, it became apparent that it was not economically feasible to completely excavate and remove the waste material. EAE Page 1 of EDEI 1 Environmental assessment activities performed by Tetra Tech led to discussions with the MPCA, which indicated it would be possible to allow the majority of waste materials to remain on site with institutional' and engineering controls. The separation distances established by the MPCA were 1 foot below buildings, 2 feet below paved areas, and 6 feet below green spaces. With a Response Action Plan conceptually approved, the challenge of constructing residential structures and infrastructure on fly ash and demolition debris required unique solutions from geotechnical, excavating, and construction contractors. To overcome the challenges posed by the project, a teaming and planning effort was necessary between all of the project stakeholders: RS Eden, the MPCA, Tetra Tech, project architects, and excavating and construction contractors. A series of meetings and negotiations ensued which ultimately led to a Response Action Plan and site design plan that minimized remediation costs, accommodated stakeholder concerns, and allowed for excavated waste materials to remain on site. Architects and engineers developed a site plan that placed buildings and pavement over as much of the residual waste as possible. A waste consolidation area would be created near the northern property boundary to allow for relocation and burial of waste material removed to establish the required separation distances. Institutional controls including a deed restriction limiting disturbance of soils and prohibiting installation of water wells on the property would be put in place. Response Actions commenced on the Family Project site in January 2002. A waste consolidation area was created in native soil near the northern property boundary by excavating approximately 14,500 cubic yards of soil to a depth of up to 30 feet below grade. The soil excavated from the consolidation area was re -used on -site as geotechnical surcharge, and then ultimately as grading material to help achieve the required separation distances. Excavation and grading activities wire completed beneath the proposed buildings, the future utility trenches, green spaces, and paved areas of the site as required in the 'i approved Response Action Plan. Approximately 11,422 cubic yards of ash and debris- containing material were removed and placed within the designated consolidation area as well as beneath a stormwater pond constructed at the site. Following burial of the material, the consolidation area was graded to meet the required separation distances outlined in the Response Action Plan. The stormwater pond was engineered to meet MPCA requirements. Construction of site buildings began in May 2002 and the buildings were occupied in February 2003. The project was accepted for presentation at the 2002 Brownfields conference in Charlotte, North Carolina, and has been the recipient of local "Best in Real Estate" awards for community impact. For more information regarding this project please contact Rick Van Allen with Tetra Tech at (612) 643 -2226. Page 2 of 2 E D E Tetra Tech EM Inc. OF 2001 Killebrew Dr., Suite 141 Bloomington, MN 55425 TEL (612) 643 -2200 FAX (612) 643 -2201 TWIN CITIES ARMY AMMUNITION PLANT TCAAP) ARDEN HILLS, MINNESOTA The Twin Cities Army Ammunition Plant TCAAP) site is located in the City of Arden Hills, Minnesota. TCAAP presents a great opportunity for the City to reclaim a major suburban Brownfield. A limited- liability partnership between Glenn Rehbein Companies and Ryan Companies was formed in 2002 to work with the City of Arden Hills to overcome several challenges associated with gaining title to the land, addressing significant environmental concerns, and developing a community design that incorporates the City's vision for the future. Historically owned by private landholders, TCAAP was purchased by the U.S. Army in 1941. The 2,400 acre site was opened as a small arms ammunition production facility operated by the Federal Cartridge Company during World War II. The facility was closed and reopened several times coinciding with times of conflict until 1976 when the facility was placed on stand -by status. In 2002, the General Services Administration (GSA) declared 774 acres on the western side of TCCAP excess and began to explore ways for an early transfer of the property. The portion of the property consists of existing buildings, foundations, and related infrastructure. Several of the original buildings have been demolished or have been slated for removal. Environmental investigations and remedial g dial achvihes have been ongoing at TCAAP since 1978. TCAAP is currently listed on the NPL as a federal Superfund site. Past operations that have contributed to this listing include: ammunition manufacturing and support activities; primer and tracer manufacturing and support activities; leaking storage tanks; PCB electrical equipment; and improper chemical and waste disposal activities. In 2002, Tetra Tech was brought in by CRR to address the environmental concerns on the site and to manage the a work needed to prepare for ly development. u Tetra Tech is continuing to assist the City and CRR in identifying gaps in the assessment data available for the property, to develop additional field sampling plans, and is participating in negotiations between the City of Arden Hills and GSA regarding the early transfer of the property. SCOTT C. TRACY, CHMM Senior Project Manager Tetra Tech Minnesota i EDUCATION /SPECIAL TRAINING M.S. Studies Environmental Health University of Minnesota, Minneapolis, Minnesota B.S. Nuclear Engineering and Journalism Iowa State University, Ames, Iowa REGISTRATIONS /CERTIFICATIONS h %d Academy of Certified Hazardous Materials Managers '41 Certified Asbestos Inspector Institute of Hazardous Materials Management Member of North Star Chapter, CHMM Minnesota Environmental Initiative a Scott County Soil and Water Conservation District Board Supervisor QUALIFICATIONS h?� Mr. Tracy has over eighteen years of project management and environmental remediation experience in the professional engineering and consulting field, specializing in property transfer and development/redevelopment issues. His experience includes extensive project management work and technical support of Phase I and Phase H environmental site assessments and site remediation projects, brownfield redevelopment, water quality assessments, NEPA assessments, preacquisition contamination assessments, regulatory agency liaison activities, community outreach programs, grant funding identification and applications, liability release assurances, completion of Environmental Assessments and Environmental Assessment Worksheets and TSCA and RCRA hazardous waste management. He has been an invited speaker on a wide range of development and redevelopment related issues and has extensive experience working with municipalities, state regulatory agencies, p gu ry and citizen action groups with regard to property transfer, development and redevelopment projects. RELEVANT EXPERIENCE As Project Manager for the Twin City Army Ammunition Plant Redevelopment Site in Arden Hills, Minnesota, Mr. Tracy has assisted the City and the site development team in evaluating various development scenarios, quantifying environmental liabilities, and developing supplemental site assessment activities for a 680 -acre portion of the site Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 (Tracy, pg. 2) i. being excessed by the Army. The site is a Federal NPL site. Current development plans i call for a mix of commercial, residential and recreational uses on the property n i accordance with the City's framework plan for redevelopment. As Project Manager for the Former Shafer Metal Recycling Site in Minneapolis, Minnesota, Mr. Tracy has worked with the Minnesota Department of Transportation (Mn/DOT) to implement a Response Action Plan for the cleanup of a state Superfund 1 site. Site activities have included stormwater management and erosion control design, contoured excavation of lead impacted soil, on -site stabilization of soil, and site restoration activities. As Project Manager for the Upper Landing Redevelopment Site in St. Paul, Minnesota, Mr. Tracy assisted the City and the site developer in evaluating various development scenarios, quantifying environmental liabilities, identifying redevelopment funding sources, writing grant proposals which resulted in $3.7 million of grant funding for the project, negotiating final cleanup standards with the Minnesota Pollution Control Agency, coordinating EAW preparation, and overseeing site remediation. The project involved reclaiming and redeveloping a site that had been largely vacant, frequently flooded, undeniably underutilized, and on the Minnesota's State Superfund list for almost 15 years. Past industrial uses of the 21 -acre Upper Landing site, including a scrap yard and a grain storage facility, left a legacy of extensive petroleum hydrocarbon, heavy metals, and PCB contamination in its wake. In addition, floodwaters from the adjacent Mississippi River routinely submerged portions of the site each spring, encouraging migration of contaminated sediments into the river. Through the summer and fall of 2001, remediation activities at the site consisting primarily of soil excavation and on -site stabilization were conducted to undo many decades worth of industrial abuse. Over 100,000 tons of treated soil was removed' from the site for disposal, along with transformers and USTs discovered during the project. Site elevations were also raised to protect the site against seasonal flooding events. This $170 million Brownfield site represents the largest development project in the history of St. Paul, and will create approximately 587 new homes (including 72 affordable housing units), 23,000 square feet of associated retail space, and allow access to approximately 2,500 linear feet of public green space along the Mississippi riverfront. Mr. Tracy has over 10 years of site assessment, cleanup and redevelopment experience working with the Minneapolis Community Development Agency and private 1 u' developers in the redevelopment of the city's North Washington Jobs Park in Minneapolis, Minnesota. Since 1994, the North Washington Jobs Park has been designated as a State of Minnesota Enterprise Zone and Federal Empowerment Zone. Mr. Tracy was involved with the first development in the Jobs Park, which was the City funded $1.2 million clean up of the former Wilensky Auto Scrap Yard Site. Over 20,000 cubic yards of soil contaminated with petroleum hydrocarbons, heavy metals, and VOCs were excavated and removed from this site during site remediation activities. Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 (Tracy, pg. 3) Subsequent redevelopment efforts managed by Mr. Tracy included the cleanup of the former Union Scrap Iron and Metal Site. This site was one of the most polluted pieces of land in Minneapolis, listed on both the state and federal Superfund rosters for serious environmental issues. Union Scrap operated a battery and white goods recycling business on the site from 1973 through 1983, resulting in gross contamination of the site with heavy metals and PCBs. Preparing the land for reuse included extensive environmental assessment of the site, followed by the excavation of approximately 10,000 cubic yards of impacted soil in accordance with an approved Response Action Plan from the MPCA. Development of the site was complicated by the presence of several large, concrete monoliths (remnants of an earlier EPA emergency action) on the eastern half of the block. Working with the MCDA, the site developer, and the MPCA, Mr. Tracy was able to assist in reaching a compromise involving partial removal of the monoliths and redesign of the building loading dock and parking lot areas to facilitate the completion of initial development activities for the block. Mr. Tracy has most recently been asked to assist in the assessment and remediation of a former auto salvage yard that was being proposed as an expansion location for the Stremel Manufacturing Company, a long -term business interest and major employer in the North Washington Industrial Park in Minneapolis. Mr. Tracy coordinated the completion of Phase I and II ESA activities at the site, prepared a Response Action Plan for the site for submittal to the MPCA based on the proposed site redevelopment, oversaw preparation of grant funding applications, and provided field coordination and oversight for the successful remediation of the site during 2001 -2002. Mr. Tracy managed the investigation of an aviation gasoline release at two tank basins operated by Signature Flight Services at the Des Moines Airport. The work was conducted in accordance with state regulations and airport security requirements. Based on the result of the investigation, a multi -party remediation effort was successfully j implemented at the site. Mr. Tracy is the project manager for the MPCA Minnesota River Basin TMDL Modeling project being completed by Tetra Tech. The MPCA is completing a modeling study of the Minnesota River basin to support a TMDL assessment of the river mainstem and tributary subwatersheds. The project builds upon HSPF modeling work begun in the `j early 1990s for six watersheds and will address nine watersheds in the Minnesota River basin when completed. Mr. Tracy is the co- project manager for the MPCA Lower Vermillion River Turbidity TMDL project being completed by Tetra Tech. The project involves data collection, field sampling and modeling activities in support of developing a turbidity TMDL standard for the lower stretch of a highly valued trout stream. Mr. Tracy managed water quality sampling and assessment of potential water quality improvement alternatives for stormwater runoff within the City of St. Louis Park, Minnesota. Subsequent to the identification of compounds of concern within stormwater ponding areas, costs and benefits of various engineering controls and best management Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 (Tracy, pg. 4) practices were identified for the City to evaluate as part of its comprehensive stormwater management plan. Mr. Tracy has served as the point of contact for confidential telecommunications clients since 2001 for Phase I ESA, Phase II ESA, NEPA assessments, SPCC plans, air quality and emergency response activities in Minnesota, Wisconsin, North Dakota, South Dakota, Iowa, Nebraska, Michigan, and Ohio. Mr. Tracy has provided technical and quality assurance review on projects, and has worked with in -house staff to complete appropriate due diligence assessment work and to obtain liability release assurances for the clients, as necessary. Mr. Tracy assisted Burlington Northern Railroad with emergency response services and environmental impact studies related to a train car derailment that released a benzene cloud into the atmosphere and contaminated the Nemadji River in Superior, Wisconsin. �4 Mr. Tracy worked closely with state, county, and city environmental regulators, as well as the special programs department of the city fire marshal and state health department to help coordinate air monitoring, water and sediment sampling. "j Mr. Tracy assisted Chicago Northwestern Railroad with site assessment and cleanup services at its switchyard in St. Paul, Minnesota. As a remediation engineer, Mr. Tracy developed health and safety plans, material handling plans, and site work plans for a U.S. Army Corps of Engineers Superfund site in Rock Creek, Ohio. Mr. Tracy assisted with groundwater treatment system development for volatiles, metals, PCBs, and various pesticides. On -site work was successfully completed over a three -year period. Mr. Tracy was the project manager for a hazardous waste drum excavation in Minneapolis, Minnesota, for the 3K Corporation. The project involved the excavation and removal of over 1,000 buried drums and containers from a former chemical manufacturer. Mr. Tracy worked closely with state, county, and city environmental regulators, as well as the special programs department of the city fire marshal and state OSHA representatives. Buried material was segregated, overpacked, sampled, and characterized for proper disposal. Work was conducted in Level B and Level C personal protective equipment. Site operations were applauded as "textbook" by the MPCA. Mr. Tracy was the project manager for a PCB Spill Investigation, in Sioux Falls, South Dakota. Mr. Tracy was responsible for developing a health and safety plan and site work plan for the investigation and cleanup of a PCB spill in a quarry in Sioux Falls. The impacted area was successfully delineated and remediated with minimal disruption of site operations. Mr. Tracy managed a major PCB cleanup and investigation project for the University of Minnesota in St. Paul, Minnesota. Over 300 PCB contaminated capacitors and Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 (Tracy, pg. 5 transformers were removed from the site and extensive decontamination work was performed. Mr. Tracy managed the remediation of a RCRA waste disposal pit in Greenville, Ohio. Mr. Tracy acted as state and federal regulatory liaison during site cleanup activities in anticipation of legal action by client against the previous site owner. Mr. Tracy has coordinated over $50 milli on in property transfer and Brownfield redevelopment projects over the past five years. Assisted clients in identifying redevelopment funding sources, writing grant proposals, and obtaining tax increment financing. Supervised Phase I, Phase H and site remediation activities for private and municipal Brownfield redevelopment clients. Initiated regional groundwater approach to large -scale redevelopments in cooperation with regulatory agencies. Mr. Tracy has assisted clients in obtaining environmental liability protection and has obtained written assurances from state regulatory agencies for .several hundred property transfer projects including commercial /industrial, agricultural chemical, commercial /residential, and undeveloped properties. Mr. Tracy has conducted facility compliance audits for major industrial clients nationwide. r, Continuing Education/Specialized Training o OSHA 1910.120 Hazardous Materials Handling Training (40 -hour and supervisory training), with annual refresher courses. o Certified Asbestos Inspector Training, Minneapolis, Minnesota, 2002, with annual refresher courses. o Introduction to Good Laboratory Practices Applied to Groundwater Studies, Minneapolis, Minnesota, 1995. o Good Laboratory Practices /Small Scale Prospective Ground Water Monitoring Studies, Minneapolis, Minnesota, 1993. o Waste Engineering, University of Minnesota, Minneapolis, Minnesota, 1993. PRESENTATIONS o Remediation to Redevelopment, Upper Landing, St. Paul, Minnesota," Poster presentation, MEI Forum 10 Years After the Land Recycling Act, St. Paul, Minnesota, October 2002. o "Creating Urban Villages From Brownfields Turning the Vision Into Reality," Invited Speaker, Brownfields 2001 Conference, Chicago, Illinois, September 2001. Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 (Tracy, pg. 6) o "Using GIS in a Regional Groundwater Approach to Brownfield Redevelopment," Invited Speaker, Brownfields 2000 Conference, Atlantic City, New Jersey, 2000. o "Nuclear Energy From Mining to Disposal," Guest Lecturer, University of Wisconsin River Falls, River Falls, Wisconsin, November 1999. o "Public Policy Effects on Industrial Site Cleanups," Guest Lecturer, University of Minnesota, St. Paul, Minnesota, October 1999. o "Brownfield Redevelopment The Industrial Legacy," Guest Lecturer, Susquehanna °i University, Selinsgrove, Pennsylvania, November 1998. o "Solid and Hazardous Waste Management," Guest Lecturer, University of Wisconsin River Falls, River Falls, Wisconsin, May 1998. o "Revitalizing Brownfields Through New Technology," Invited Speaker, American Planning Association 1997 Conference, Chicago, Illinois, November 1997. o "Due Diligence for Low -Cap Loans," Invited Speaker, EDR Due Diligence at Dawn Conference, Minneapolis, Minnesota, October 1996. EMPLOYMENT HISTORY 2000 Present Tetra Tech EM Inc. 2001 Killebrew Drive, #141 Bloomington, MN 55425 1992 —2000 Summit Envirosolutions, Inc. 1275 Bandana Boulevard ?`a Saint Paul, MN 55108 1990 -1992 Twin City Testing, Inc. 737 Pelham Boulevard Saint Paul, MN 55110 1987 -1990 Aptus/Westinghouse 21375 Cedar Avenue Lakeville, MN 55044 Tracy, Scott Tetra Tech EM Inc, Minnesota 3/1/2005 RICHARD W. VAN ALLEN, PG GEOLOGIST TETRA TECH EM INC. BLOOMINGTON, MN EDUCATION /SPECIAL TRAINING B.S. Geology, University of Wisconsin River Falls, 1993 40 Hour HAZWOPER OSHA Training 8 -Hour Annual Refresher for HAZWOPER U.S. EPA Superfund Technical Assistance and Response Team Training U.S. EPA Anthrax Response Training Minnesota Asbestos Inspector Certification Course Confined Space Training Level A Training ICS200 Training REGISTRATIONS AND CERTIFICATIONS State of Minnesota Certified Professional Geologist, #40404 Minnesota Department of Health Certified Asbestos Inspector, #AI9055 South Dakota Certified Asbestos Inspector, #2986R North Dakota Certified Asbestos Inspector, #3901 QUALIFICATIONS Mr. Van Allen has over twelve years of experience in environmental consulting with a broad range of projects and tasks. Mr. Van Allen has acted as project manager or assistant project manager on petroleum, agricttltural chemical, solvent, and metals impacted sites. His responsibilities included; compilation and analysis of geologic and hydrogeologic data, interpretation and compliance with relevant regulatory guidelines, correspondence with clients and regulators, preparation of response action plans, remedial investigation, corrective action, „1 and quarterly status reports, and budgetary planning and compliance. Mr. Van Allen is an experienced field geologist/scientist and has conducted and supervised field investigations using Geoprobe, hollow stem auger, air rotary and Rotasonic drilling techniques. He has observed the installation of monitoring wells, piezometers, recovery wells, air sparge points and soil vapor extraction points. Mr. Van Allen has developed and sampled monitoring wells, and collected, reduced, and analyzed slug test and other hydrogeologic data. Mr. Van Allen has delineated groundwater contaminant plumes through the use of Geoprobe technology and observed and documented the removal of underground storage tanks and conducted remedial excavations in Minnesota, Wisconsin, South Dakota, Illinois, and California. Recently, Mr. Van Allen has focused his career goals on investigating, remediating and redeveloping Brownfield properties in the Twin Cities metropolitan area. He has a wide range of experience on brownfield properties impacted with metals, solvents and other contaminants. Van Allen, Rick— Tetra Tech EM Inc, Minnesota 5/12/2005 Van Allen, p. 2 RELEVANT EXPERIENCE U.S. EPA START Contract Support Mr. Van Allen coordinates the Minnesota office in support of the U.S. EPA Region 5 START contract. The Minnesota office is tasked with maintaining 24 -hour on -call emergency response capability as well as providing various other support under the contract. Mr. Van Allen has provided emergency response support on EPA projects including a hazardous chemical rail car fire, mercury spills in residential settings, crude oil pipeline spills, and metals plating shops. Mr. Van Allen has also coordinated and conducted site assessments on numerous projects including Superfund metals and dioxin impacted sites, former wood treating facilities, and agricultural chemical release sites in Minnesota. Health and Safetv Plan Preparation Mr. Van Allen acts as the Tetra Tech Minnesota office Health and Safety Coordinator and has prepared numerous Health and Safety plans for Federal, State, and Local government projects as well as private sector projects. Plans prepared by Mr. Van Allen have undergone a rigorous review process both internally and by the U.S. EPA for the START Region 5 contract. Preparation of Ouality Assurance Project Plans Under the START Region 5 contract, Mr. Van Allen has prepared Quality Assurance Project Plans (QAPPs) which provide sampling guidance and data quality objectives for the projects. These plans have undergone an extensive review process internally by senior Tetra Tech staff, as j well as by U.S. EPA and project stakeholders. Phase I Environmental Site Assessments Mr. Van Allen has completed several Phase I Environmental Site Assessments. He has performed all aspects of Phase I% including site reconnaissance, historical and regulatory records searches, data compilation, reports, and evaluation of need for further assessment. Phase II Environmental Site Assessments Throughout his career, Mr. Van Allen has completed numerous Phase II ESA's on sites with soil and/or groundwater impacted by petroleum, metals, chlorinated solvents, PAHs and PCBs. The data collected in many of the assessments was utilized to prepare response action plans, grant applications and contingency plans to facilitate remediation and redevelopment of the properties. Brownfield Remediation, Mr. Van Allen has coordinated and managed the field effort on numerous brownfield remediation projects at sites impacted with petroleum and metals. Mr. Van Allen's experience includes preparing bid specifications, collecting competitive bids, coordinating subcontractors and completing and supervising the field work. Underground Storage Tank Removals and Assessments Mr. Van Allen has conducted numerous subsurface contamination assessments at sites impacted by leaking underground storage tanks containing gasoline, diesel fuel, jet fuel, waste oil, and fuel Van Allen, Rick Tetra Tech EM Inc, Minnesota 5/12/2005 Van Allen, p. 3 oil. Mr. Van Allen has observed, sampled, and documented the removal of underground storage tanks in Wisconsin, Minnesota and Illinois. Graphics and Geoeranhic Information Svstems (GIS) Suunort Mr. Van Allen has six years of experience developing site figures utilizing AutoCAD. Mr. Van Allen is experienced with the use of GPS technology to collect georeferenced site data including boring, well, and soil sample locations. Mr. Van Allen has utilized GPS data collected on numerous sites to prepare georeferenced site figures using ArcView GIS software. Natural Resources Mr. Van Allen has used surveyed site figures in AutoCad to determine wetland impact and mitigation areas as well as other spatial features to facilitate wetland permitting. Asbestos Inspection Mr. Van Allen has conducted asbestos inspections at facilities leased by a major U.S. airline as well as provided asbestos screening and oversight at remedial excavation sites where potential 7 ACMs may be uncovered and require sampling and management. EMPLOYMENT HISTORY 2000 Present Tetra Tech EM Inc. 11300 Rupp Drive, Suite 100 Burnsville, MN 55337 1994-2000 Summit Envirosolutions, Inc. 1217 Bandana Boulevard ''q St. Paul, MN 55108 Summer 1993 Barr Engineering Company Normandale Boulevard Bloomington, MN PROFESSIONAL ORGANIZATIONS/MEMBERSHIPS Minnesota Certified Professional Geologist T> Van Allen, Rick Tetra Tech EM Inc, Minnesota 5/12/2005 Cost Proposal Contamination Assessment Tetra Tech Hmong- American Shopping Center Site M Brooklyn Center, Minnesota 2001 Killebrew Dr., Suite 141 ♦Bloomington MN 55425 June 2, 2005 r (612) 643 -2200 FAX (612) 643 -2201 Estimated Estimated TETRA TECH EMI COSTS Units Quantity Rate Cost TASK 1 PROJECT MANAGEMENT Senior Project Manager hour 28 $110.00 $3,080.00 Field Supervisor hour 10 $70.00 $700.00 rla Clerical hour 4 $40.00 $160.00 Other Direct Expenses lump 1 $500.00 $500.00 Task 1 Subtotal: $4,440.00 -:i TASK 2 ON -SITE CHLORINATED SOLVENT ASSESSMENT Senior Project Manager hour 2 $110.00 $220.00 Field Supervisor hour 12 $70.00 $840.00 Field Technican hour 12 $45.00 $540.00 .i Geoprobe (no field chemistry)* hour 10 $156.25 $1,562.50 Analytical (VOCs)* sample 18 $80.00 $1,440.00 Geoprobe Other Direct Expenses* lump 1 $2,050.00 $2,050.00 Other Direct Expenses lump 1 $250.00 $250.00 Task 2 Subtotal: $6,902.50 TASK 3 OFF -SITE CHLORINATED SOLVENT ASSESSMENT Senior Project Manager hour 6 $110.00 $660.00 Field Supervisor hour 40 $70.00 $2,800.00 Field Technican hour 40 $45.00 $1,800.00 Geoprobe (3 transects with field chemistry)* hour 36 $268.75 $9,675.00 Analytical (VOCs)* sample 6 $80.00 $480.00 Geoprobe Other Direct Expenses* lump 1 $175.00 $175.00 Other Direct Expenses lump 1 $500.00 $500.00 Task 3 Subtotal: $16,090.00 TASK 4 ON -SITE PETROLEUM HYDROCARBON ASSESSMENT Senior Project Manager hour 2 $110.00 $220.00 Field Supervisor hour 8 $70.00 $560.00 Field Technican hour 8 $45.00 $360.00 Geoprobe (no field chemistry)* hour 6 $156.25 $937.50 Analytical (GRO, DRO, PVOCs)* sample 12 $70.00 $840.00 Geoprobe Other Direct Expenses* lump 1 $175.00 $175.00 Other Direct Expenses lump 1 $250.00 $250.00 Task 4 Subtotal: $3,342.50 TASK 5 DATA ANALYSIS/FINAL REPORT PREPARATION Senior Project Manager hour 8 $110.00 $880.00 Field Supervisor hour 16 $70.00 $1,120.00 Field Technican hour 4 $45.00 $180.00 J Geoprobe Report* lump 1 $1,500.00 $1,500.00 Clerical hour 4 $40.00 $160.00 Other Direct Expenses lump 1 $300.00 $300.00 Task 5 Subtotal: $4,140.00 Tetra Tech EMI Total Cost Estimate $34,915.00 Indicates direct contractor cost to be passed through to City Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AGREEMENT BETWEEN THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY AND TETRA TECH REGARDING WORK TO BE PERFORMED PURSUANT TO HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT AGREEMENT CONTRACT NO. A042170 WHEREAS, the Environmental Response Fund Grant Agreement between the Brooklyn Center Economic Development Authority (EDA) and Hennepin County Department of Environmental Services (ERF Agreement) provides grant funds not to exceed $60,000 to be used for activities use in the EDA's Environmental Response Fund Grant Application for approved environmental assessment activities relative to the Hmong American Shopping Center located in Brooklyn Center; and WHEREAS, the ERF Agreement between the EDA and Hennepin County requires that contractors or subcontractors performing work pursuant to the ERF Agreement must meet certain requirements and obligations described in the ERF Agreement; and WHEREAS, an agreement between the EDA and Tetra Tech has been prepared and sets forth the obligations of the EDA (grantee) and Contractor relative to the requirements of the ERF Agreement. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota that the agreement between the Brooklyn Center EDA and Tetra Tech regarding work to be performed pursuant to Hennepin County Environmental Response Fund Agreement Contract No. A042170 is hereby approved and the EDA Executive Director is authorized to execute the agreement on behalf of the EDA. June 27. 2005 Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EDA Agenda Item No. 4a City of Brooklyn Center A Millennium Community To: Mayor Kragness and Co ncil Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: June 22, 2005 Re: Volunteers of America Potential Senior Housing Project Since Hennepin County declined to go forward with a mechanism that would have reduced rents through County ownership of the facility and issuance of bonds, we have asked Springsted to analyze other options to achieve lower rents that would facilitate the development. Attached is a spreadsheet that indicates that the City would have to place itself in ownership and issue general obligation bonds to achieve the lower rates of rent. It also appears that cost estimates have increased as design estimates have been refined. We have also been advised that Volunteers of America do not wish to proceed at the higher rental levels that would occur without general obligation bonds etc. Accordingly, we are not recommending further pursuit of this project. We do not believe that the City is in a position to issue general obligation debt for this type of project. It would also be a complete change from the approach that we have taken in considering the use of tax increment to assist the creation of senior housing and place the City in an entirely different position. While we may wish to consider such an approach in the future, it would require a totally different analysis and discussion. Volunteers of America was able to negotiate favorable purchase price agreements for the 2 parcels. The EDA may wish to consider exploring acquisition of the two parcels to include in a request for proposals at the same time it goes forward with Northbrook (Hmong American) Center. 6301 Shingle Creek Parkway Recreation and Community Center Phone TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org City of Brooklyn Center, Minnesota VOA Senior Housing Project Financing Options Estimated Rent Structure Original 1) Revised 2) Hennepin County HRA Conduit Bonds HRA/City/Conduit Type of Unit: Units Monthly Rent Units Monthly Rent Units Monthly Rent 1 Bedroom affordable 9 720 9 720 12 595 1 Bedroom market 9 720 9 1,000 6 720 1+ Bedroom Affordable 4 860 4 860 0 1+ Bedroom 18 860 18 1,120 22 860 2 Bedroom 16 1,170 16 1,340 16 1,100 2+ Bedroom 4 1.390 4 1,560 4 1,200 Total Units /Averages: 60 936 60 1,113 60 880 Annual Total Rent: 673,920 801,120 633,360 Sources and Uses of Funds By Type of Bond Issue Original 1) Revised 2) County HRA City HRA City HRA City HRA County HRA G.O. Hsg Conduit G.O. Hsg Conduit G.O. Hsg Sources Bond Proceeds 7,174,407 7,272,453 8,030,000 5,395,000 8,315,000 GAP Amount 465,000 2,965,000 180,000 Interest Earnings NA I NA 67,250 66,419 67,118 •Total Sources 7,174,407 7,272,453 8,562,250 8,426,419 8,562,118 Uses Land Construction* 5,938,350 5,942,900 6,692,989 6,692,989 6,692,989 Design Related 435,000 435,000 300,000 300,000 300,000 Development Costs 114,050 94,700 163,325 163,325 163,325 Financing Costs 163,150 174,179 164,750 179,175 169,025 Capitalized Interest 453,651 553,560 482,563 431,600 476,007 Operating Reserve 99,616 142,198 99,616 Debt Service Reserve 654,703 512,359 658,316 Contingency 70,206 72,114 4,304 4,774 2,840 Total Uses 7,174,407 7,272,453 8,562,250 8,426,419 8,562,118 Per Unit Construction Cost 98,973 99,048 111,550 111,550 111,550 1) Original Rent Structure based on setting rents to solve for total costs, information not included for all areas 2) Revised Rent Structure based on market study rents and solving for maximum bond amount with 110 coverage Prepared by Springsted Incorporated (06/22/2005) Brooklyn Center VOA Comparison 062105 EDA Agenda Item No. 5a Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION DETERMINING DEFAULT BY TALISMAN BROOKDALE, LLC AND DIRECTING DELIVERY OF NOTICE OF DEFAULT AND AUTHORIZING TERMINATION OF SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT WHEREAS, the EDA of Brooklyn Center entered into a Second Amended and Restated Development Agreement dated May 13, 2003, by and between the EDA of Brooklyn Center, Minnesota and Talisman Brookdale, LLC; and WHEREAS, pursuant to Section 9.4 the Second Amended and Restated Development Agreement, the EDA is required to give notice of default to Talisman Brookdale, LLC and Fidelity Investments; and WHEREAS, events of default are defined in Section 8.1 of the Second Amended and Restated Development Agreement; and WHEREAS, the EDA of Brooklyn Center has been advised of events of default that have occurred in the performance by Talisman Brookdale, LLC of its obligations under the Second Amended and Restated Agreement; and WHEREAS, attached hereto and incorporated herein by references Exhibit A as a proposed notice of default. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center, Minnesota that the Executive Director be and hereby is directed to send the notice of default attached hereto as Exhibit A to Talisman Brookdale, LLC and Fidelity Investments; and be it further resolved that the Executive Director be and hereby is authorized to take such actions as may be necessary or appropriate to terminate the Second Amended and Restated Development Agreement in the event that all of the events of default have not been cured within any applicable time period. June 27. 2005 Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. EDA RESOLUTION NO. 2005-11 Exhibit A Offices of the City Manager Michael J. McCauley Executive Director June 28, 2005 Mr. James A. Schlesinger President, Talisman Brookdale, LLC 1500 San Reno Avenue, Suite 135 Coral Gables, Florida 33146 Fidelity Investments P.O. Box 770001 Cincinnati, OH 54277 -0002 Re: Notice of Default Dear Mr. Schlesinger and Fidelity Investments: You are hereby notified, pursuant to Section 9.4 of the Second Amended and Restated Development Agreement dated May 13, 2003 by and between the Economic Development Authority of Brooklyn Center, Minnesota and Talisman Brookdale, LLC (the "Development Agreement that various 'Events of Default" have occurred under Section 8.1 of the Development Agreement. The 'Events of Default" include, but may not be limited to, the following: Section 8.1(g). The Holder of a mortgage on the Development Property has commenced foreclosure proceedings. Section 8.1(h). The combined Market Value of the Development Property and Adjacent Development Property was less than $75,000,000 as of January 2, 2005; Section 8.1(i). Anchor Tenants vacated the Adjacent Development Property and were not been replaced by nationally recognized retailers acceptable to the Authority within 12 months; Section 8.1(1). The preconditions set forth in Section 6.1 of the Development Agreement to the issuance of the Note were not satisfied on or before August 1, 2004. 1781048v1 EDA RESOLUTION NO. 2005-11 This letter is to notify you that the Authority will exercise any or all of its rights and remedies under Section 8.2 of the Development Agreement if the above mentioned Events of Default are not cured within 30 days of the date of this letter. Sincerely, Michael J. McCauley Executive Director Economic Development Authority of Brooklyn Center 1781048v1