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HomeMy WebLinkAbout03-11 Resolution No. 03-11 RESOLUTION AUTHORIZING EXECUTION OF A THIRD 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 . 020B (9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest 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 Third 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: January 22 , 2003 Adopted: January 22 , 2003 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk JAN-02-03 THU 04:12 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 02 THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT AGREEMENT made and entered into this eZ,? day of Y 2009, 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 Tllinois (hereinafter referred to as the "Consultant" ) . WITNESSE 11 Wf{EREAS, the City and the Consultant have previously entered into a Professional Services Ag rcement dated February 18, 2002 , wherein Consultant provided t;o the City certain consulting services regarding the Festival Park, the Crocker Theater and the South Grove Townhome Site . W11EREAS, the City has dcuermined 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 raceipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . The Professional Services Agreements between the City and the Consultant dated February 18 , 2002, as amended by the amendment agree►nent dated May 22 , 2002 , and August 26 , 2002, is hereby further amended as follows : A. Paragraph 1 c:nt'i tl.ed "Scope of Services" i9 amended by adding an additional paragraph E 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 September 24 , 2002, consisting of six (6) pages, attached hereto and made a part; hereof as Exhibit 3-A. " E. Paragraph 2 cnti,t:led "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 3-A shall commence as of December 4 , 2002 , and shall continue until the date the City determines that all of the Consultant' s work regarding the services in Exhibit 3-A have been completed. Consultant shall perform the service described in Exhibit 3-A in as expeditious a manner as reasonably practicable ." JAN-02-03 THU 04: 13 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 03 C. Paragraph 4 entitled "Payments to the Consultant" is amended by adding an additional paragraph thereto to read as follows : "Payments for services provided by the Consu3tant set forth in Exhibit 3-A hei eof shall be reimbursed at the hourly rate of its professional and technical personnel as set forth on Exhibit 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: 3-A not to exceed $28, 515 . 00 regardless of actual time expended or actual costs incurred by the 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 3-A are set forth in Exhibit 3-A. The costs of all subcontractors are included in such not-to-exceed figure of $28, 315 . 00 . " 2. That except as expressly amended herein the terms of the Professional Services Agreements between the City and the Consultant dr;Lted t.'ebrua.r.y 18 , 2002 , as amended by the Amendment Agreement dated May 22 , 2002 , and August 26, 2002 , shall. remain in effect and shall apply to the additional services to be performed by the Consultant as described in this Amendment Agreement and as set forth in Exhibit 3-A hereto . IN WITNESS WHEREOF, the parti,E:�s hereto have entered into and executed this amendment agreement on the date and year first written above. CITY OF ELGIN ENSR CORPORATION E _ .�,,,• By U._._.— (5 olufemi 'larin Jar�tC'S 3A� Interim M alter \J, �2C-s►p�-c�� Attest. : City Clerk JAN-02-03 THU 04: 13 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 04 ENSR International 27755 Diehl Road Warrenville,IL 60555-3998 (630)836-1700 September 24, 2002 FAX(630)836.1711 www.Cnsr.com ENSR Project No. 10049-002 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. BACKGROUND The City of Elgin authorized ENSR to conduct additional soil borings and monitoring well sampling at the subject sites based on ENSR's request for additional work authorization dated July 19, 2002. The additional investigation work was conducted in August 2002 and laboratory rosults were recently evaluated. The results revealed more widespread contamination than was foreseen based on the first round of sampling. Specifically, at Festival Park, PNA contamination was found in 10 of the 12 samples that were analyzed within the southern portion of the site. On the Townhome Redevelopment site the northern area of concern (AOC No. 1) was found to have more prevalent PNA contamination; at AOC No. 2, the area of PNA impact appears to be defined by the results of the additional samples. At Crocker Theater Site, both of the two new borings exhibited PNA contamination above TACO Tier 1 residential clean up objectives. In response to these results, ENSR has held discussions with Illinois EPA and assessed the need for additional investigative activities to delineate the areas of the site that will require remediation in accordance with the agreement with the developer. Because of the expedited nature of the project, an on-site meeting was held with Illinois EPA's Project Manager, Scott Hacke, on September 11, 2002 to review the sites in person and establish a firm understanding of the Agency's expectations for the investigation. ® Over 30 Years of rxcr,!1crrce to Environmental Sorvices JAProjects\1`100\10049-002-Elgin, Festival Park\Elgin-Festival Pk-CO#2.doc JAN-02-03 THU 04:14 PM CITY OF ELGIN/CITY MGR. FAX NO, 18479315610 P. 05 EN-20 Mr. Raymond mond H. Moller ' City of Elgin September 24, 2002 Page 2 PROPOSED SUPPLEMENTAL SITE INVESTIGATION Based on the laboratory results of the soil sampling completed during August 2002, and the site walk through with Illinois EPA, the following additional services are recommended to further delineate 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: Item 1 -Additional Soil Borin s Crocker Theater - Conduct an additional five soil borings on this site to evaluate the area of PNA contamination in the parking lot. Further, based on input from the IEPA Project Manager, off-site soil borings are recommended on the west side of the existing building to determine whether there are soil impacts from historic USTs that may have been located in the boiler room of the building. Y Townhome Redevelopment Site – The extent of PNA contamination at ACC No. 1 is not fully defined. Three additional borings are planned for the northern portion of the site. In addition, the proposed work also includes three borings in the central portion of the site to provide a more thorough evaluation of site conditions. y Festival Park – Work at Festival Park includes advancement of eight additional soil borings to delineate the source areas of contamination and ensure sufficient information to adequately estimate the volume of impacted soils that will need to be managed as part of the park redevelopment. Sampling intervals and the analytical parameter for the soil samples from the above borings will be as listed in Table 1. • Ltgrp 2—Site Investigation Reports As the scope of the field investigation activity has increased, the effort required to compile and evaluate the data and complete the Site Investigation Reports to meet Illinois EPA requirements has also escalated. In accordance with the original plan, separate reports will be prepared for each of the three sites. However, due to the greatly expanded quantity and complexity of the data that will be generated for these sites, the estimated effort to complete the reports has been revised. J:\Projects\P100\10049-00i-Er��ih'3� ��fl�`�IEF�`°r< i�f�(h�" `��� OV��V'-e6#2.doc JAN-02-03 THU 04:14 PM CITY OF ELGIN/CITY MGR. FAX N0, 18479315610 P. 06 E � Mr. Raymond H. Moller • City of Elgin September 24, 2002 Page 3 COST OF SERVICES 'rotal estimated cost for the above items is $28,815.00. Table 2 provides a breakdown of the estimated level of effort and cost for each of the proposed scope of work. Table 3 provides a summary of the project budget to date. COST ASSUMPTIONS • All underground obstructions, concrete pads, foundations, and utilities identified by the Illinois utility locating service (JULIE) and the City's Public Works Department, 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 backfilled with the soil cuttings and capped with bentonite or similar material. Waste disposal is not included in the Scope of Work. 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) 636-1700. Sincerely, ENSR Corporation ,41( nmj �� C',� R- ut John M. Nardozzi, P.E. Eric R. Powley Department Manager- Project Manager Integrated Site Closure 4 Over 30 Year,Of Env!ranineiiial Services JAN-02-03 THU 04: 15 PM CITY OF ELGIN/CITY MGR. FAX NO. 18479315610 P. 07 Table 1 City of Elgin Festival Park Sites Supplemental Site Investigtion Work Plan Summary Analytical Paramoters Site Location Boring ID Boring Sample Interval VOCa PNAs Metals Dopth (Et.) Priority Pollutants(13) Crocker Theater CTB-G 10 Surface&Subsurface 2 CTB-7 10 Surface&Subsurface 2 AOC 91 CTB-8 10 Surface&Subsurface 2 2 2 CT8-9 10 Surface&Subsurface 2 2 2 CTB-10 10 Surface&Subsurface 2 2 2 Subtotal 50 6 10 6 Townhomo Site THB-18 10 Surface&Subsurface 2 AOC#1 THB-19 10 Surface&Subsurface 2 THB-20 10 Surface&Subsurface ________________2------------------------ ... ...... . --- ----------- ---- ----------------------------- - -- TH.B-21 10 Surface&Subsurface 2 2 2 Mid Section of Site THB-22 10 Surface&Subsurface 2 2 2 THB-23 10 Surface&Subsurface 2 2 2 Subtotal 60 6 12 6 Festival Park Sito FPB-1 G 10 Surface&Subsurface 2 2 2 AOC#1 FPB-17 10 Surface&Subsurface 2 2 2 FPB-18 10 Surface&Subsurface 2 2 2 FPS-19 10 Surface&Subsurface 2 2 2_ _ AOC#2 FPB-20 10 Surface&Subsurface FPS-21 10 Surface&Subsurface 2___ __•_ ------------------------------------------------------------- ------------- ------------------------------------------------------ North Section of Site FPB-22 10 Surface&Subsurface 2 FPS-23 10 Surface&Subsurface 2 Subtotal 80 8 16 8 38 i�o Grand Total 190 JAN-02-03 THU 04: 15 PH CITY OF ELGIN/CITY MGR. FAX NO, 18479315610 P. 08 TABLE 2 Level of Effort and Cost Estimate Festival Park Reclovelopment Sites City of Elgin 10049-A021R190010 Prop. Mgr J. Nardozzi Labor TASKS Hrs. Labor ODCs Subs ISUBTOTAL7 300 supplemental Site Investigation 6, 1,017 $14,912 453 $11.793 rts; ............... '0 500 Site Investi ation Re ........ .....•.... .................... pn.—��)......... ............. ord. & Mtqs. ic 1 880 229 0 $2,109 0 Co ............................ .................................... .......................................... ............. .................... ................ .......... ..................... ...... ....... 'TR�ii-- ------------------- ......................�1756- 10,285. $28.8 1 PROJECT TOTAL: 528,815 �2 ' N O Table 3 City of Elgin Festival Park Redevelopment Sites �- CD Summary of Budget Authorizations 3 n —3 Item Date Scope ENSR Proposal Authorized Total Project o Authorized Date Amount m r z Original Agreement 2119!2002 Task 100 - SRP Application 12J26/2001 $8,160 S9,160 2 Task 200 - Work Plan 12/2612001 -c 3 Amendment No. ; 5/22/2002 Task 300- Soil Investigation 12126!2001 $55,418 $63,578 ?° Task 400- Groundwater Assessment 1212612001 Task 500- St Report 12/26!2001 r, 9 Task 600 - Coord. & Meetings 12/25/2001 z 0 Amendment No. 2 8.x26/2002 Additional borings and well sampling 7/1912002 S21,320 $84.898 co TBD Additional borings at Crocker, 9/24/2002 $28,815 $113,713 cri Proposed °' Amendment No. 3 Townhome and Festival Park o -a 0 cc I City of, Elgin Agend I em N JJ r� November 1, 2002 p RECREATIONAL LEISURE TO: Mayor and Members of the City Council ANO C�^TURAI_OPPORTUNITIES R All 11I G r 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 authorised 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 cleanup 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 . 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 (9) monitoring wells . ENSR Proposal for Additional Environmental Testing November 1, 2002 Page 2 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 .✓ 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 . The results of the above referenced testing indicate that five areas of contaminated soils were present on the properties : a location at the Crocker site, two locations on the Townhome site and two locations on the Festival Park site. ENSR proposed an additional 13 soil borings distributed among the five areas of concern on the three parcels . Also, one additional monitory well was placed in Festival Park along the west property boundary. The City Council authorized the additional testing on August 14, 2002 . Tests were performed on the soil samples and groundwater sampling. The cost for this testing was $18, 600 . The results of the most recent testing revealed more widespread contamination than was foreseen based on the first round of sampling. Specifically, at Festival Park, Polynuclear Aromatic (PNA) contamination was found in 10 of the 12 samples that were analyzed within the southern portion of the site . On the Townhome Redevelopment site the northern area of concern (AOC No. 1) was found to have more prevalent PNA contamination; at AOC No. 2, the area of PNA impact appears to be defined by the results of the additional samples . At Crocker Theater Site, both of the two new borings exhibited PNA contamination above TACO Tier 1 residential clean up objectives . ENSR Proposal for Additional Environmental Testing November 1, 2002 Page 3 In response to these results, ENSR has held discussions with Illinois EPA and assessed the need for additional investigative activities to delineate the areas of the site that will require remediation in accordance with the agreement with the developer. Because of the expedited nature of the project, an on-site meeting was held with Illinois EPA' s Project Manager, Scott Hacke, on September 11, 2002 to review the sites in person and establish a firm understanding of the Agency' s expectations for the investigation. PROPOSED SUPPLEMENTAL SITE INVESTIGATION Based on the laboratory results of the soil sampling completed during August 2002 , and the site walk through with Illinois EPA, the fallowing additional services are recommended to further delineate 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 : Item 1 - Additional Soil Borings ► Crocker Theater - Conduct an additional five soil borings on this site to evaluate the area of PNA contamination in the parking lot . Further, based on input from the IEPA Project Manager, off-site soil borings are recommended on the west side of the existing building to determine whether there are soil impacts from historic USTs that may have been located in the boiler room of the building. ► Townhome Redevelopment Site - The extent of PNA contamination at AOC No. 1 is not fully defined. Three additional borings are planned for the northern portion of the site . In addition, the proposed work also includes three borings in the central portion of the site to provide a more thorough evaluation of site conditions . ► Festival Park - Work at Festival Park includes advancement of eight additional soil borings to delineate the source /N areas of contamination and ensure sufficient information to adequately estimate the volume of impacted soils that will �p need to be managed as part of the park redevelopment . Sampling intervals and the analytical parameter for the soil samples from the above borings will be as listed in Table 1 . ENSR Proposal for Additional Environmental Testing November 1, 2002 Page 4 Item 2 - Site Investigation Reports As the scope of the field investigation activity has increased, the effort required to compile and evaluate the data and complete the Site Investigation Reports to meet Illinois EPA requirements has also escalated. In accordance with the original plan, separate reports will be prepared for each of the three sites. However, due to the greatly expanded quantity and complexity of the data that will be generated for these sites, the estimated effort to complete the reports has been revised. COST OF SERVICES A*0 Total estimated cost for the above items is $28, 815 . Table 2 provides a breakdown of- the estimated level of effort and cost for each of the proposed scope of work. Table 3 provides a summary of the project budget to date . If the additional services are authorized, the expenditure for testing on the three sites, Townhomes, Crocker and Festival Park will be $113, 713 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 1N7ANCIAL IMPACT The cost of this addition to the contract with ENSR will total $28, 815 and will include 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 275-000047-% 92-35, project number 039520, Festival Park. With the approval of this addition, ENSR' s contract will total $113 , 713 . The total budget for this project is $3 . 17 million and includes $1, 570, 000 from the Riverboat Fund, $600, 000 from the South Grove TIF Fund and a $1 million State of Illinois DCCA grant (of which $500, 000 has been received) . A total of $787 , 876 . has been spent/encumbered to date . �EGAL IMPACT An exception to the procurement ordinance is required. A written agreement would also need to be prepared. ENSR Proposal for Additional Environmental Testing ovember 1, 2002 Page 5 ALTERNATIVES 1. Proceed with an agreement with ENSR for environmental services in the amount of $28, 815 . 2. Choose not to enter into an agreement with ENSR. RECOMMENDATION Staff recommends that an agreement in the amount of $28, 815 be entered into with ENSR for environmental services related to the South Grove Avenue residential project . Respectfully submitted, Olufemi F arin Inter C ' ager RHM:sp Attachments 9 f Elgin Iva[Park Sites Oplemental Site Investigtion Work Plan Summary =Analytical Parameters Site Location Boring ID Boring Sample Interval YOCs PNAs Metals Depth (ft.) Prionty - Pollutants(13j' Crocker Theater CTB-6 10 Surface&Subsurface 2 CTB-7 10 Surface&Subsurface 2 AOC#1 CTB-8 10 Surface&Subsurface 2 2 2 CTB-9 10 Surface&Subsurface 2 2 2 CTB-10 10 Surface&Subsurface 2 2 2 Subtotal 50 6 10 6 Townhome Site THB-18 10 Surface&Subsurface 2 AOC#1 THB-19 10 Surface&Subsurface 2 THB-20 10 Surface&Subsurface 2 ---------------------------------------------------------------------------------------------------------------------------------- THB-21 10 Surface&Subsurface 2 2 2 Mid Section of Site THB-22 10 Surface&Subsurface 2 2 2 THB-23 10 Surface&Subsurface 2 2 2 Subtotal 60 6 12 6 Festival Park Site FPB-16 10 Surface&Subsurface 2 2 2 AOC#1 FPB-17 10 Surface&Subsurface 2 2 2 FPB-18 10 Surface&Subsurface 2 2 2 FPB-19 10 Surface&Subsurface 2 2 2 ---------------------------------------------------------------------------------------------------------------------------------- AOC#2 FPB-20 10 Surface&Subsurface 2 FPB-21 10 Surface&Subsurface 2 --------------------------------------------------------------------------------------------------------------------------------- North Section of Site FPB-22 10 Surface&Subsurface 2 FPB-23 10 Surface&Subsurface 2 Subtotal 80 8 16 8 Grand Total 190 20 38 20 TABLE 2 Level of Effort and Cost Estimate Festival Park Redevelopment Sites City of Elgin 10049-A02/R190010 Prop. Mgr J. Nardozzi Labor �x T�►$KS His. Labor ODCs �bs, SMt x 300 Supplemental Site Investigation 40 3,610 1,017 10........._..................._........285 $14.912 ....................._.......................................__..._.............. .................... 500 Site Investigation Reports(3) 132 11,340 453 0 $111793 _...._700 Coord..._&.Mt ....................... 161,880 229 � $2,109 ._..............I.._.................................._ .......... ................... ....... .. .............I...... ................... ..._.. __..._._..........._._....................._...................................._.._...................................................................................................................._.._._..................................................._._..._._._. Category Totals: 188 16,830 1,700 10,285 $28,815 PROJECT TOTAL: x28,815 1 Table 3 City of Elgin Festival Park Redevelopment Sites Summary of Budget Authorizations Item Date Scope ENSR Proposal Authorized Total Project Authorized Date Amount Original Agreement 2/18/2002 Task 100 - SRP Application 12/26/2001 $8,160 $8,160 Task 200 - Work Plan 12/26/2001 Amendment No. 1 5/22/2002 Task 300 - Soil Investigation 12/26/2001 $55,418 $63,578 Task 400 - Groundwater Assessment 12/26/2001 Task 500 - SI Report 12/26/2001 Task 600 - Coord. & Meetings 12/26/2001 Amendment No. 2 8/26/2002 Additional borings and well sampling 7/19/2002 $21,320 $84,898 Proposed TBD Additional borings at Crocker, 9/24/2002 $28,815 $113,713 Amendment No. 3 Townhome and Festival Park my r f /•< 5 �' • EGEND SUBJECT PROPERTY BOUNDARY AREAS OF CONCERN MONITORING WELL LOCATION AREAS OF IMPACT AT DEPTH + PREVIOUS BORING LocATioN AREA OF UNCONFIRMED/SUSPECTED SITE INVESTIGATION RESUILTS CONTAMINATION FESTIVAL PARK SITES BORING LOCATION CITY Of ELGIN FIELD SCREENING LOCATION 0 10D 2w ELGIN,ILLIN04S PROPOSED oFF-srrE � • �u BORING LOCATIONS(BY KANE C•