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HomeMy WebLinkAbout02-289 Resolution No. 02-289 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH ENSR CORPORATION FOR ENVIRONMENTAL TESTING BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5 . 02 . 020E (9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Second Amendment to Professional Services Agreement on behalf of the City of Elgin with ENSR Corporation for environmental services at Festival Park, Crocker Theatre and South Grove Avenue sites, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: August 14 , 2002 Adopted: August 14 , 2002 Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS SECOND AMENDMENT AGREEMENT made and entered into this - j_4VC0 u S7- 2(o , 2002 , by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as the "City" ) , and ENSR Corporation, a Delaware corporation, authorized to do business in the State of Illinois (hereinafter referred to as the "Consultant" ) . WITNESSETH WHEREAS, the City and the Consultant have previously entered into a Professional Services Agreement dated May 22 , 2002 , wherein Consultant provided to the City certain consulting services regarding the Festival Park, the Crocker Theater and the South Grove Townhome Site . WHEREAS, the City has determined it to be necessary and desirable to obtain the further assistance of the Consultant to provide continued consulting services regarding environmental testing for the Festival Park, the Crocker Theater and the South Grove Townhome Site . NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . The Professional Services Agreement between the City and the Consultant dated February 18 , 2002 , as amended by the amendment agreement dated May 22 , 2002 , is hereby further amended as follows : A. Paragraph 1 entitled "Scope of Services" is amended by adding an additional paragraph D thereto to read as follows : "Consultant shall also perform and direct the necessary qualified personnel to perform the professional services as set forth in the ENSR Request for Additional Work Authorization Festival Park Redevelopment Sites dated July 19, 2002 , consisting of five (5) pages, attached hereto and made a part hereof as Exhibit 2-A. " B. Paragraph 2 entitled "Schedule and Progress Reports" is amended by adding an additional paragraph thereto to read as follows : "Consultant' s responsibility to provide the services in Exhibit 2-A shall commence as of August 15, 2002 , and shall continue until the date the City determines that all of the Consultant' s work regarding the services in Exhibit 2-A have been completed. Consultant shall perform the services described in Exhibit 2-A in as expeditious a manner as reasonably practicable . " AUG-08-2002 07:10 630 836 1863 630 836 1863 P.02 C. Paragraph 4 entitled "Payments to the Consultant" is amended by adding an additional paragraph thereto to read as follows: "Paymants for services provided by the Consultant set forth in Exhibit 2-A hereof shall be reimbursed at the hourly rate of its professional and technical personnel as set forth on ExIlibit 2 attached hereto and made a part hereof by this reference with the total fees and expenses due to be paid to the Consultant for the services described in Exhibit 2--A not to exceed $21, 320 .00 regardless of actual time expended or actual costs incurred by Lhe Consultant unless material modifications to the Consultant's Scope of Services are authorized in writing by the City and approved by the City Council. Consultant' s cost estimates for the various aspects of the services to be performed in Exhibit 2-A are set forth in F;xhlbit 2-A. 'the costs of all subcontractors are included in such not-to-exceed figure of $21, 320 .00 . " 2. That except as expressly amended herein the terms of the Professional Services Agreement between the City And the Consultant dated February 18 , 2002, as amended by the Amendment Agroomont dated May 22, 2002 shall remain in effect and shall apply to tho additional services to be performed by the Consultant as described in this Amendment Agreement and as set forth in Exhibit 2-A hereto. IN wjTNss S WHEREOF, the parties hereto have entered into and executed this amendment agreement: on the dare and year first written above. CITY or ELGIN ENSR CORPORATION Sy gy olufemi Po irrin ► Interim Cit Mana r Attest: City Clerk TOTAL P.02 JLL-23-2002 10:29 630 836 1863 630 836 1863 P.05 tl1 ENSR Intemational 27766 Diehl Road,We 100 July 19, 2002 warrenvlle,IL 60666-3998 (630)836-1700 FAx(830)$36-1711 nsroo 1 ENSR Project No. 10049-002 www.esr.com Mr. Raymond H. Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, Illinois 60120 SUBJECT: Request for Additional Work Authorization Festival.Park Redevelopment Sites Dear Ray: ENSR is submitting this request for additional budget authorization for supplemental site investigation activities at the Crocker Theater, Townhome Redevelopment, and Festival Park sites. Item A—Work Performed During Field Invests ation During ENSR's work activity in May 2002, additional soil borings were placed along the former railroad bed located on the east side of the Townhome Site. The purpose of these borings was to characterize the railroad bed material. The following extra work items were completed: • Three (3) soil borings to address potential contamination within the railroad bed material. One half day of drilling services (4 hrs)was required on-site for sample collection. • Laboratory services for three samples (VOC9, PNAs, Priority Pollutant Metals, and pH. • Additional ENSR field oversight labor - 12 hours for drilling oversight, sample collection, and data analysis. The total additional cost of the above work is $2,720. A cost breakdown is provided in Table 1, attached. item B—Proposed Supplemental Site Investigation Effort Based on the laboratory results of the work completed during May 2002, the following additional services are expected to be required by the Illinois EPA to complete the delineation of selected areas of concern on the three parcels. Delineation of these areas is necessary to evaluate various remedial options and quantify the volume of soil that may require excavation and off-site disposal. The proposed scope of additional effort is as follows: \\bdcrcNcago\projeds\ProjeLW\P t�OY r�t�Ex� c��i �c �t ��Nv,►r stival Pk-CO#1.doc JUL-23-2002 10:29 630 836 1863 630 836 1863 P.06 INKMr. Raymond H. Moller City of Elgin July 19, 2002 Page 2 • Soil Borings — Conduct an additional 13 soil borings distributed among the five AOCs on the three parcels (One AOC at Crocker Theater, two AOCs at Townhome Site, and two ADCs at Festival Park Site. The borings will further delineate these ADCs based on the Identified contaminants of concern specific to each location. Samples will be analyzed for 'the constituents of concern as listed in Table 1. Groundwater Monitoring Well — One additional monitoring well will be placed In Festival Park along the west property boundary in the vicinity of AOC #1. Groundwater sampling will be performed for VOCs, PNAs, and priority pollutant metals. Field survey will be performed to tie the new monitoring well into the elevations of the existing monitoring wells. • To evaluate TACO Tler 2 remediation objectives for the Identified AOCs, soil sampling for physical soil parameters (total organic carbon, soil porosity and bulk soil density) will be performed at three locations to obtain site specific data. • To further assess groundwater conditions at the site boundary (west side of Festival Park) four selected monitoring wells (MW-1, MW-6, MW-7 and MW-9) will be resampled. Laboratory analysis will include PNAs, VOCs and priority pollutant metals. Total estimated cost for the above items is $18,600.00. ASSUMPTIONS • All underground obstructions, concrete pads, foundations, and utilities identified by the Illinois utility locating service (JULIE) or upon visual Inspection are considered in the Base Proposal. Additional charges may apply In the event that additional underground obstructions are discovered during field activities. ENSR Is not responsible for damage to utilities not specifically Identified or located. • All boreholes will be backfiiled with the soil cuttings and capped with cement. Waste disposal Is not included in the Scope of Work. 1\bdc-chicago\projects\Pr*ctg2l.0'AMD04Wfi@2?�xEIgil*-estOn /OwMIgin-Festival Pk-CO#1.doc JUL-23-2002 10:30 630 836 1863 630 836 1863 P.07 E11Mr. Raymond H. Moller City of Elgin July 19, 2002 Page 3 We trust this letter is satisfactory to you. Please acknowledge acceptance of the proposed budget changes by signing and returning the attached authorization form. If you have any questions,please feel free to contact me at(630) 836-1700. Sincerely, ENSR Corporation XA "Y I"� ( hn M. Nardozzi, P.E. Department Manager—Remedial Engineering C; Over 30 Years of Fxcellance in Environmental Services \\bdc-chicago\projects\Projects\P100\10049-002-Elgin, Festival Park\Elgin- Festival Pk-CO#i,doc JLL-23-2002 10:30 630 836 1863 630 836 1863 P.08 INK MWOM ACCEPTANCE OF PROPOSAL NO. 10049-002 Attention: John M. Nardozzl, P.E. Dated; July 19, 2002 The above scope of services and project costs are hereby accepted. ENSR will perform the services in accordance with the terms and condition of the existing Professional Services Agreement between the City of Elgin and ENSR dated February 18,2002 which is incorporated herein by reference. Item A—Work Completed $ 2,720.00 Item B—Proposed SupplementalWork $18,600.00 Total Additional Authorization $21,320.00 Signature: .s:.r.r• Name: Q L v o LA-Ie4 Title: J c Client: City of Elgin Date: 1\bdc-chicagoyrojectslPrOctSWAMPOW- 02cndEIgi&km" gin-Festival Pk-CO#1.doc 4UL-23-2002 10:31 630 836 1863 630 836 1863 P-09 TABLE 1 Level of Effort and Cost Estimate FgwUvpl Park Rgftvglopment Sit" Ofty of Elgin 1000-A02/R190010 Prop,Mgr J.NAMWal Labor TASKS Hrs. Labor 00ca Sub* SUBTOTAL aao 20 54 1 ..........................:L2 14125 .4- ........................... 9250 12386 .............. ; .11 .......... 34 118 Ogg 191 .......... ...........................-—------------0 .......2� 00 S. 1,040 195 0 ................8...... ................... ........................ ................... .......... ....................I........................................................ Caterry Totals: 110 10,092 1,430 9,700 ?jag. PROJECT TOTAL, $21,M w7 M Table 5-2 Schedule of Hourly Billing Rates City of Elgin Labor Category Billing Rate P4 $45.00 P5 $55.00 P7 $65.00 P8 . $73.00 Pg $82.00 NO $87.00 P11 $93.00 P12 $105.00 P13 $120.00 P15 $130.00 CS To Be Quoted Agenda Item No. A City of Elgin August 9, 2002 REC_N CULTURAL OPPORT "MI6 TO: Mayor and Members of the City Council FllW A11 ("M-1 FROM: Olufemi Folarin, Interim City Manager SUBJECT: Proposal for Additional Environmental Testing at Festival Park, the Crocker Theater and the South Grove Townhome Site PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information on a proposal from ENSR International for additional environmental testing and oversight services at Festival Park, the Crocker Theater site, and the South Grove Townhome site. BACKGROUND The purpose of the proposed environmental testing is to secure a "No Further Remediation Letter" (NRFL) from the IEPA for the Par Townhome and Condominium Project . Also, accurate information on soil conditions at the various sites will allow for the efficient management of soils for the Festival Park site. On February 13, 2002, the City Council authorized an agreement with ENSR International in the amount of $8, 160 . ENSR' s scope of work included the completion of a site investigation and remediation objectives evaluation to determine the extent of remedial activities that may be necessary to achieve site clean- up objectives that are consistent with the planned residential development . ENSR completed the Site Remediation Plan Application and submitted the Site Investigation Work Plan to the IEPA on March 15, 2002 . ENSR Proposal for Additional Environmental Testing August 9, 2002 Page 2 The plan was enrolled in the voluntary site remediation program on March 19, 2002 . An IEPA project manager has been assigned to the sites. The work plan submitted to IEPA called for eight (8) soil borings and nine monitoring wells . On May 22 , 2002 , the City Council authorized ENSR to proceed with the placement of a series of soil borings and groundwater testing wells. The authorized work included the following: 1 . Soil Investigation - eight borings 2 . Groundwater assessment - nine wells 3 . Site Investigation Reports 4 . Remediation Objective Report 5 . Project Coordination and Management Services The cost of the additional work was $55, 418 . 00 . In addition to the Council authorized work referenced above, staff approved the placement of three (3) soil borings along the former railroad rail located on the east side of the proposed Townhome site. The purpose of the borings was to characterize the railroad bed material . The costs associated for this work was $2, 720 . 00 . The results of the above referenced testing indicates that five areas of contaminated soils are present on the properties. A location at the Crocker site, two locations on the Townhome site and two location on the Festival Park site . In order to finalize a proposal to be submitted to the IEPA regarding site remediation and a proposal to insure the issuance of an NFRL, additional testing is required. The additional testing should finalize the extent of contamination for the three sites and allow ENSR to prepare an appropriate site remediation plan for IEPA. ENSR proposes an additional 13 soil borings distributed among the five areas of concern on the three parcels . Also, one additional monitory well will be placed in Festival Park along the west property boundary. Tests will be performed on the soil samples and groundwater sampling will occur. The cost for this testing is $18, 600 . 00 . r ENSR Proposal for Additional Environmental Testing August 9, 2002 Page 3 Remediation of the site will occur as part of the Festival Park and Townhouse Development Compensatory Storage/Site Excavation program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. F NANCIAL IMPACT The cost of this contract with ENSR will total $21, 320 . 00 for site investigation, project management and report preparation. Costs associated with this project will be charged to the Riverboat Fund, Riverfront/Center City Improvements, account number 275-0000-791 . 92-35, project number 039520, Festival Park. The City Council has previously approved $1, 870, 000 for Festival Park from the Riverboat Fund and $600, 000 from the South Grove TIF fund, for a total of $2 .47 million. Of this amount, [ $1, 179, 702 has been committed to date, with the inclusion of the Construction Management contract also under consideration. ,4L AL IMPACT exception to the procurement ordinance is required. A itten agreement would also need to be prepared. ALTERNATIVES 1 . Proceed with an agreement with ENSR for environmental services in the amount of $21, 320 . 00 . 2 . Choose not to enter into an agreement with ENSR. ENSR Proposal for Additional Environmental Testing August 9, 2002 Page 4 RECOMMENDATION Staff recommends that an agreement in the amount of $21, 320 . 00 be entered into with ENSR for environmental services related to the South Grove Avenue residential project . nim submitted, in ager RHM:sp Attachments