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HomeMy WebLinkAbout05-42 Resolution No. 05-42 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH TERRACON INC. FOR ENVIRONMENTAL CONSULTING SERVICES FOR THE FESTIVAL PARK AND SOUTH GROVE AVENUE RESIDENTIAL PROJECT SITES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin, Acting 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 Terracon Inc. for environmental consulting services for the Festival Park and South Grove Avenue Residential Proj ect Sites,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock,Mayor Presented: February 23, 2005 Adopted: February 23, 2005 Omnibus Vote: Yeas: 6 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 2 [Zd day of jF8I2 U A 0- V , 2005, by and between the CITY OF ELGIN, ILLINOIS, a munici 1 corporation (hereinafter referred to as the "City") , and Terracon Inc . , a Kansas 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 August 29, 2003, wherein Consultant provided to the City certain consulting services regarding the provision of environmental consulting services at the Festival Park Project and the South Grove Avenue Residential Project Site; and WHEREAS, the City and Consultant have previously entered into an amendment to such professional services agreement, with such Amendment Agreement being dated October 22, 2003 ; and 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 the provision of environmental consulting services for the Festival Park project and the South Grove Avenue Residential Sites . 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 August 29,2003, as amended by the Amendment Agreement dated October 22,2003, is hereby further amended as follows: A. Paragraph 1 entitled "Scope of Work" is further amended by adding an additional paragraph 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 Scope of Services documents entitled"Proposal for Environmental Consulting and Remediation Oversight Services Crocker Theater Redevelopment Site,Terracon Proposal No. P050022" and "Festival Park and Townhome Redevelopment Sites Request for Contract Amendment No. 2, Terracon Project No. 44037070, consisting of twelve (12) pages, attached hereto and made a part hereof as Exhibit 1-B". B. Paragraph 2 entitled "Schedule and Term" is further amended by adding an additional paragraph thereto to read as follows: "The Consultant's responsibility to provide the services in Exhibit 1-B shall commence as of February 24,2005 and shall continue through the completion of the scope of services. C. Paragraph 3 entitled"Fees"is amended by adding subparagraph E thereto to read as follows: "E. Payments for services provided by the Consultant set forth in Exhibit 1-B hereof 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 1-B not to exceed $36,600 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 1-B are set forth in Exhibit 1-B." 2. That except as expressly amended herein the terms of the Professional Services Agreement as amended by the Amendment Agreement dated August 29, 2003, between the City and the Consultant and the original agreement dated October 22, 2003,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 1-13 hereto. IN WITNESS WHEREOF,the parties hereto have entered into and executed this amendment agreement on the date and year first written above. CITY OF ELGIN Terracon Inc. e� By B Olufe rn �/l��q -7Z�a r Interim City Manager pr- nc IP4/ Attest: City Clerk { 1rerracon Consulting Engineers&Scientists Terracon Consultants, Inc. January 12, 2005 135 Ambassador Drive Naperville,Illinois 60540 Mr. Raymond H. Moller Phone 630.717.4263 Fax 630.357.9489 Director of Economic Development www.terracon.com City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Proposal for Environmental Consulting and Remediation Oversight Services Crocker Theater Redevelopment Site Terracon Proposal No. P050022 Dear Ray: Terracon Consultants, Inc. is pleased to submit this proposal to perform continued environmental consulting and remediation oversight services related to the Crocker Theater Site on behalf of the City of Elgin. In response to your request, we are offering to provide these services to advance the Crocker Theater site through remediation and to seek a No Further Remediation (NFR) letter for the site to allow it to be redeveloped for residential purposes in accordance with the City's plan. A. PROJECT INFORMATION Under our existing contract for services with the City, Terracon completed the Remediation Objectives Report and Remedial Action Plan (ROR/RAP) for the Crocker Theater Site in July 2004. (Terracon Project No. 44037070). Under these plans, soil remediation work is necessary to achieve the City's objectives of attaining a residential clean up standard for the site. The 'ROR/RAP was submitted to the (EPA's Site Remediation Program and was approved for implementation. This proposal provides for continuing consulting services to oversee the soil remediation work and prepare the required documentation to complete the remediation process and obtain issuance of a final NFR letter. Terracon understands that the two existing structures currently on-site will be demolished under a separate contract by others. For the Crocker Theater site, Terracon is offering to provide a more complete package of services to include preparation of bidding documents for soil remediation, evaluate the bids received, and perform oversight of the remediation program. Delivering success for Clients and Employees Since 1965 More Than 60 Offices Nationwide Mr. Raymond H. Moller City of Elgin Crocker Theater Remediation Oversight Terracon Proposal No. P050022 Page 2 B. SCOPE OF SERVICES Terracon will provide the services as outlined below on behalf of the City of Elgin: 1. Remediation Planning and Coordination • Provide informed interpretation of the Remedial Action Plan (RAP) and required remediation sequencing with other portions of the work to achieve the stated site clean up goals. • Coordinate with City personnel, site developer, and selected remediation contractor(s). • Attend two project planning and coordination meetings. Estimated Work Quantity: The Consultant's project manager and field oversight personnel should anticipate participating in two coordination meetings 2. Preparation of Bid Specifications and Bidding Services • Prepare a set of bidding specifications for soil remediation. • Coordinate with City staff to bid the project and secure the services of a remediation contractor. • Attend one pre-bid meeting and perform review and evaluation of bids received. 3. Field Oversight • Provide experienced field oversight personnel to provide technical direction of soil remediation in accordance with RAP. Minimum qualifications include five years relevant field oversight experience for environmental remediation projects, degreed geologist/engineer, and OSHA 40-hour hazardous waste training. • Conduct visual and field testing of impacted soils to direct location and extent of impacted soil removal. Field oversight personnel will utilize calibrated photoionization detector and field test kits to establish field criteria to remove impacted soils to satisfy the site-specific remediation objectives. • Document the removal of impacted soils performed by remediation contractor — document soil removal actions, obtain and review soil manifests, tabulate soil quantities and document removal locations. • Confirm and document the services provided by the contractor, review and process payment requests, and provide recommendation for payment to the City. Mr. Raymond H. Moller City of Elgin Crocker Theater Remediation Oversight Terracon Proposal No. P050022 Page 3 Estimated Work Quantity: 6.5 days on-site field oversight service Terracon will provide field oversight services on the basis of an eight-hour day on-site. Costs per day include field oversight time, project management, field equipment (PID), and travel/vehicle expenses. 4. Confirmation Soil Sampling • Perform field screening and intermediate soil sampling activities to minimize the quantity of impacted soil removed from the site. Conduct confirmation soil sampling in accordance with Illinois IEPA Site Remediation Program protocols to confirm attainment of remediation objectives as described in the ROR/RAP. Perform analysis of sample results to determine compliance with ROR/RAP criteria. • Conduct additional soil assessment sampling under the footprint of the Theater Building and Coin Shop building, once demolished, as directed by the (EPA's review comments. Estimated Sample Quantities: Soil Assessment Samples: 15 samples (PNAs, lead) Confirmation Samples: 6 samples (PNAs, lead) All analytical work based on standard laboratory turnaround time (5 to 7 days). 5. Quality Control Sampling of Imported Fill Material • Conduct environmental assessment activities to verify the source location(s) used by the remediation contractor and site developer to obtain imported fill material. • Conduct sampling of the source materials to determine compliance of imported fill with TACO Tier 1 residential SROs. Analytical testing of source materials shall include VOCs, PNAs, TPH, priority pollutant metals, and pesticides/PCBs. A sampling frequency as specified in the RAP shall be adhered to. Estimated Sample Quantity: 4 samples ` Mr. Raymond H. Moller City of Elgin Crocker Theater Remediation Oversight Terracon Proposal No. P050022 Page 4 6. Regulatory Services and Reporting • Coordinate with IEPA SRP project manger during the course of the remediation effort to review any field conditions that may arise. • Prepare Remedial Action Completion Report (RACR) for the site in accordance with outline for Illinois SRP. The RACR report will be certified by a professional engineer licensed in Illinois and present documentation of the soil removal work, construction/installation of engineered barriers, and implementation of institutional controls, as applicable. The report will present the results and evaluation of confirmation soil sampling and other sampling activities conducted by Terracon. • Prepare as-built drawings reflecting the completed soil removal work as presented in the ROR/RAP. • Coordinate efforts to secure a No Further Remediation letter for the site at the earliest possible date. The scope of services does not include geotechnical investigation or construction materials testing services. Terracon would be pleased to provide a scope of work for these services to facilitate the construction of the new condominium development, if desired by the City. Schedule Terracon will execute the project in accordance with the project schedule as currently planned. Terracon's understanding is that the current schedule calls for approval of an award to a remediation contractor in late March 2005. Initiation of work will commence shortly thereafter. The completion of the work will occur in spring 2005. Terracon has estimated its labor costs based on this proposed schedule. If delays to the project occur that are not within Terracon's control, that cause work to continue beyond August 1, 2005, then Terracon reserves the right to seek escalation of its labor costs. Staffing Mr. John M. Nardozzi, P.E., will serve as the Senior Project Manager for the project. Mr. Nardozzi previously managed and directed the Site Investigation, Remediation Objectives Report, Remedial Action Plan and environmental remediation specifications for the subject site, as well as the related Festival Park and Townhome Sites. Mr. Nardozzi also serves as the Senior Project Manager for other sites investigated for the City of Elgin. In addition, he has extensive experience working with the Illinois Site Remediation Program, underground storage tank program and application of Illinois TACO regulations and is a registered professional engineer in the State of Illinois. Mr. Raymond H. Moller City of Elgin Crocker Theater Remediation Oversight Terracon Proposal No. P050022 Page 5 Mr. Eric R. Powley and Mr. Phil Williams will be assigned to the project as the Field Oversight Leaders. Mr. Powley contributed to the completion of the site investigation work at both of the subject sites and participated in the preparation of the reports. Mr. Powley and Mr. Williams both have extensive experience working on UST and site remediation projects for the City of Elgin. Additional project staffing will be comprised of members of Terracon's Naperville, Illinois office. Information regarding Terracon's extensive qualifications to perform site investigation activities under the Illinois Brownfields program has been provided under a separate cover. C. COMPENSATION Terracon will perform the work outlined in this proposal on a time and materials basis. The total budget established for the anticipated work is $22,800.00. A breakdown of the estimated level of effort and cost by task is provided in Table 1. This cost estimate includes Terracon's direct labor, subcontractor fees (laboratory subcontracts) and other expenses that are directly attributable to the performance of the work such as travel, field equipment, and report preparation. Table 2 provides a fee schedule of Terracon's environmental services. D. AUTHORIZATION Terracon understands that the work will be performed in accordance with the terms and conditions of the existing Professional Services Agreement between the City of Elgin and Terracon dated August 29, 2003, as amended. Terracon will initiate work upon receipt of written authorization to proceed. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions, please feel free to contact either of the undersigned at (630) 717-4263. Sincerely, TERRACON CONSULTANTS, INC. John er M. NardozzI' P. William B. Thayer, E. Senior Project Manager Principal Attachments: Cost Tables 1 through 2 Table 1 City of Elgin Crocker Theater Redevelopment Site Remediation Oversight and Site Closure Services Task Description Total Qty. Unit Cost Unit Subtotal Estimated Cost 1 Remediation Planning and Coordination Mobilization Project set up and coordination,HASP 1 $500.00/mobilization $500. Meetings 2 Project Meetings,2 people/mtg. Total Task Cost 2 $640.00/meeting $1 280 $1,780 2 Bid Specification for Env.Remediation Plans&Specs 30 Bid Coordination $85/hour $2,550; Pre-Bid Mtg 12 $130/hour $1,560 Bid review and Evaluation 6 $35/hour $210, 10 $25/set $250 3 Field Oversight of Soil Remediation $4,570 Field oversight for soil excavation work at CTS-8,Building basement area and landscape areas. Mobilization/Set Up CTS 1 $1,050.00 CosUday $1,050 CTS-8 area 370 CY 1 $1,050.00 Cost/day $1,050 Building Basement 1700 CY 2 $1,050.00 CosUday $2,100 Landscape Areas NA 0.5 $1,050.00 CosUday $525 Total Task Cost $4,725 4 Confirmation Soil Sampling(Under Existing Bldgs&Post Rem.) Theater/Coin Shop Soil Samples(PNA+lead+TCLP lead)) 7 $138.00 Per sample $966 Soil Samples(PNA+lead+TCLP lead) 3 Bldg.Basement PNAS $138.00 Per sample $414 Imported Fill VOCs,PNAS,Pesticides/PCBs,TPH,PP 3 $125.00 Per sample $375 Metals 4 $675.00 Per sample $2,700 Sampling Labor Est.2 add'I trips for sampling-1/2 day each 2 $1,050.00 CosUday $2,100 Total Task Cost $6,555 5 Regulatory Services and Coordination Coordianlion with SRP Project Mgr. 12 $130/hour Data Evaluation TACO compliance evaluation of confirmation $1,560 samples. 16 $85/hour $1,360 Remedial Action Completion Report w/PE Certification-Townhome Ph 2 1 $2,250 report $2,250 Total Task Cost $5,170 GRAND TOTAL-Crocker Theater Site $22,8001 44037070-Project Budget-Elgin FP Rem Oversight(version 1)As 1 , Terracon,InC._ � F Exhibit B TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2005 PERSONNEL Labor Category Billing Rate A. Professional Staff 1. Staff Professional $75.00 2. Senior Staff Professional $85.00 3. Project Professional $100.00 4. Senior Project Manager/Professional $130.00 5. Principal $140.00 6. Expert Witness $200.00 B. Technician Staff 1. Technician $45.00 2. Remedial Specialist $65.00 C. Support Staff 1. Clerical $35.00 2. CADD Tech 1 $45.00 3. CADD Tech II $60.00 Note: Hourly rates will be increased by a multiple of 1.3 for Saturday, Sunday and holiday work or off shift work when required by client or for emergency response with less than 36 hour notice. EXPENSES AND SUPPLIES Vehicle Charge(local area, within 25 miles of office) $50.00 /day Vehicle Charge(local area,within 25 miles of office, less than 4 $30.00 /1/2 day hours) Vehicle Charge(outside local area) $0.45 /mile Per Diem, Lodging and Food Minimum of $85.00 /day Miscellaneous charges, including analytical laboratory tests, Cost+15% shipping charges, rental equipment, outside labor, public transportation, materials, or other contracted services Proposal No. P040579 Terracon Irerracon Consulting Engineers&Scientists December 23, 2004 135 Ambassador Drive Naperville, Illinois 60540 Phone 630.717.4263 Mr. Raymond H. Moller Fax 630.357.9489 Director of Economic Development www.terracon.com City of Elgin 150 Dexter Court Elgin, IL 60120 RE: Festival Park and Townhome Redevelopment Sites Request for Contract Amendment No. 2 Terracon Project No. 44037070 Dear Ray: In follow up to our meeting on December 10, 2004, this letter will document Terracon's request for an amendment to the contract for environmental services performed by Terracon in connection with the Festival Park and Townhome Redevelopment Sites. This request incorporates the previously submitted change order requests issued by Terracon in July 2003 and July 2004. Extra Work Items Encountered During the execution of this project several situations occurred that resulted in unanticipated work. These items are summarized below: • Terracon prepared a soil remediation specification for incorporation into the City's bidding documents for the Festival Park site and provided coordination with the City's Landscape Architect (Hitchcock Design Group) and Construction Manager(MIC). • UST at Festival Park: While performing the soil remediation work, the Contractor encountered an unknown UST. Terracon addressed the UST by contacting the OSFM, collecting additional soil samples, arranged for removal permits, provided oversight, and prepared an IEPA 45-Day Report (Terracon, March 2004). The IEPA issued a No Further Remediation letter for this UST. • Hydraulic Lifts at Festival Park —Three hydraulic lift reservoirs were encountered during site grading activities in the north half of the park. Terracon provided field oversight and direction for their removal and disposal. • River Bank Excavation Area — Terracon provided additional field oversight and confirmation sampling related to the park improvements in the River Bank area. Delivering Success for Clients and Employees Since 1965 More Than 60 Offices Nationwide Mr. Raymond H. Moller City of Elgin Terracon Project No. 44037070 December 23, 2004 • Townhome Hydraulic Lifts — At the Townhome Site, the Contractor encountered vaults and underground reservoirs related to historic hydraulic lifts. Terracon provided additional field oversight, modified the sampling plan for the confirmation samples, obtained additional confirmation soil samples, and addressed the lifts in the Remedial Action Completion Report (RACR) (Terracon, May 2004) submitted to the IEPA Site Remediation Program. This report was approved by IEPA and a NFR letter was issued for the Phase I construction area. • Well Abandonment—Terracon performed abandonment of four monitoring wells that were installed on the Townhome site during the investigation phase. • The Site Developer (Par) requested that the Townhome site be divided into two parcels for the purposes of the NFR. This resulted in the need to issue two separate RACRs for the site, both of which have been completed to date. Work Remaining to Complete Terracon anticipates the need to perform the following work at the Festival Park and Townhome sites: 1. A final report for the Festival Park site will be compiled to document the site clean up activity. It is not anticipated that this report will be submitted to IEPA. 2. Terracon will provide follow up with IEPA to obtain the second NFR letter for the Townhome site. Table 1, attached, provides a breakdown of the estimated level of effort to conduct the additional services outlined herein. The additional project budget requested is $13,800.00. Current Budget Status Terracon's current authorized budget consists of the following approved authorizations: Original Contract 8/29/2003 $27,840.00 Amendment No. 1 10/22/2003 $62,049.00 Total Authorized to Date $89,889.00 Amendment No. 2 To Be Approved $13,800.00 Total Authorized Including Amendment No. 2 $103,689.00 Mr. Raymond H. Moller City of Elgin Terracon Project No. 44037070 December 23, 2004 Billing Status To date, Terracon has invoiced $102,351.42 against Elgin's Purchase Order No. 153226. With the approval of Amendment No. 2, the project will have a balance of $1,337.58. Table 2, attached provides a summary of the authorization and invoices. Also attached for your review and approval is our invoice No. 1189097 in the amount of $3,224.53. This amount is included in the billed to date amount indicated above. Please advise if you have any questions regarding this request. Terracon has appreciated the opportunity to work with the City on this important project and we look forward to providing the additional services necessary to see these sites to completion. Sincerely, Terracon John M. Nardozzi, P.E. Senior Project Manager Table 1 City of Elgin Festival Park and Townhome Redevelopment Sites Additional Remediation Oversight and Site Closure Services nil 'IWO j 1 Remediation Planning and Coordination Mobilization Project set up and coordination,HASP 0 $500.00/mobilization $7$1.920 Meetings 2 Project Meetings,2 people/mtg. 3 $640.00/meeting $1,92 Total Task Cost 2 Field Oversight of Soil Remediation 8 hours/day on-site during soil removal. Includes Terracon personnel,equipment,PPE, and vehicle Festival Park Boat Ramp and River Bank Areas 4 $1,000.00 Cost/day $4.000 Townhome Site Phase 2 Area(North Portion) 3 $1,000.00 Cost/day $3,000 Total Task Cost 0 $1,000.00 Cost/day S0 $7,000 3 Confirmation Soil Sampling Festival Park Soil Samples(PNA+lead) 0 $138.00 Per sample $0 Townhome Soil Samples(PNAs+Lead) 6 $138.00 Per sample $828 Total Task Cost Soil Samples(TCLP Lead) 0 $95.00 Per sample $0 $828 4 Regulatory Services and Coordination Coordiantion with SRP Project Mgr. 11 $130/hour Data Evaluation TACO compliance evaluation of confirmation $1' samples. 14 $85/hour $1,190 Remedial Action Completion Report w/PE Certification-Townhome Ph 2 1 $1,497 report $1,497 Total Task Cost $4,052 GRAND TOTAL-Festival Park 8 Tow-nhomes Sites $13,800 44037070-Project Budget-Elgin FP Rem Oversight.xls 1 Terracon,Inc. Table'2 12/23/2004 Project Cost Summary City of Elgin Festival Park Redevelopment Sites Authorization Summary Original Contract ROR/RAP for 3 Sites 44037034 2/18/2003 8/29/2003 $27,840.00 Amendment No. 1 Revised ROR/RAP 44037034 9/12/2003 10/22/2003 $9,929.00 Remediation Oversight 44037070 9/5/2003 10/22/2003 $52,120.00 Amendment No.2 All Additional Work 44037070 12/16/2004 To Be App'd $13,800.00 Total-PTD Authorizations $103,689.001 Invoice Summary Inv.#1 4485110 44037034 6/16/2003 $0.00 Paid Inv.#2 4485152 44037034 7/18/2003 $11,217.00 Paid Inv.#3 4485245 44037034 9/4/2003 $13,496.17 Paid Inv.#4 4485311 44037034 10/6/2003 $1,571.28 Paid Inv.#5 4485487 44037034 12/23/2003 $3,065.00 Paid Inv.#6 1188691 44037034 8/9/2004 $1,331.75 Not Paid Inv.#7 4485180 44037014 7/30/2003 $1,131.04 Paid Inv.#8 4485312 44037014 10/6/2003 $2,354.04 Paid Inv.#9 4485443 44037070 12/8/2003 $17,006.24 Paid Inv.#10 4485484 44037070 12/23/2003 $12,185.08 Paid Inv.#11 1188161 44037070 2/17/2004 $4,071.97 Paid Inv.#12 1188269 44037070 3/22/2004 $6,428.11 Paid Inv.#13 1188351 44037070 4/23/2004 $6,011.14 Paid Inv.#14 1188442 44037070 5/17/2004 $3,716.25 Paid Inv.#15 1188600 44037070 7/12/2004 $3,034.76 Paid Inv.#16 1188783 44037070 9/7/2004 $3,388.55 Paid Inv.#17 1188860 44037070 10/1/2004 $5,623.41 Not Paid Inv.#18 1188966 44037070 11/3/2004 $3,495.10 Paid Inv.#19 1189097 44037070 12/20/2004 $3,224.53 Not Paid Total-PTD Invoices $102,351.42 Budget Remaining $1,337.58 =~� Agenda Item No, City of Elgin g s , }`AA t ` February 4, 2005 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, Acting City Manager ALIVE DOWNTOWN Raymond H. Moller, Director of Econ is Development SUBJECT: Second Amendment to the Professional Services Agreement With Terracon, Inc. for Environmental Services at Festival Park And River Park Place Development PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council regarding a proposed second amendment to a Professional Services Agreement with Terracon, Inc. for environmental services at Festival Park and the River Park Place townhome and condominium sites. RECOMMENDATION It is recommended that the City Council authorize a second amendment to the agreement with Terracon, Inc. dated August 29, 2003, in the amount of$36,600. BACKGROUND On August 29, 2003, the City of Elgin and Terracon, Inc. entered into a Professional Services Agreement that authorized Terracon to prepare and submit to the IEPA a Site Remediation Objective Report and a Remediation Action Plan for the PAR Development townhome site. The original contract amount was $27,840. Following the submittal and review of the initial document by the IEPA, the IEPA suggested the use of new PNA study data to allow for a reduced level of soil remediation. An Amended Remediation Objectives Report and Remediation Action Plan was required in order to incorporate these changes into the project, The amended reports required sophisticated, technical analysis to determine remediation objectives based on 95% upper confidence of the mean soil concentration for the PNA compounds. The cost of the additional service quoted by Terracon, Inc. was $9,929.00 In addition to the above, it was necessary to provide for environmental remediation services during the excavation and remediation effort to ensure that the remediation plan was being Terracon Services Agreement February 4, 2005 Page 2 followed properly and to provide to the IEPA the necessary documentation to ensure that the remediation objective proposed for the site had been met. Terracon performed the following tasks in relation to the oversight services provided at the Townhome and Festival Park remediation projects: 1. Remediation planning and coordinating $ 2,450 2. Field oversight of soil remediation $24,480 3. Topsoil assessment $ 1,255 4. Confirmation soil sampling at both sites -$ 35690 5. Fill quality control sampling $13,205 6. Regulatory reporting, & coordination $ 7.040 $52,120 With this addition of costs related to the supplementary data requirements to IEPA ($9,929) and the costs associated with remediation oversight services' ($52,120), the first amendment to the original agreement totaled $62,049. In addition, an expenditure for $2,293 was authorized administratively to cover costs associated with soil removal on the northwest section of the Phase 11 townhome site. The overall contract total to date is $92,182. Additional Work Items Encountered at Festival Park& Townhome Site During the execution of this project, several situations occurred that resulted in unanticipated work. These items are summarized below: • Terracon prepared a soil remediation specification for incorporation into the City's bidding documents for the Festival Park site and provided coordination with the City's Landscape Architect(Hitchcock Design Group) and Construction Manager(MIC). • Underground Storage Tank (UST) at Festival Park: While performing the soil remediation work, the Contractor encountered an unknown UST. Terracon addressed the UST by contracting the OSFM, collecting additional soil samples, arranged for removal permits, provided oversight, and prepared an IEPA 45-Day Report (Terracon, March 2004). The IEPA issued a No Further Remediation letter for this UST. • Hydraulic Lifts at Festival Park— Three hydraulic lift reservoirs were encountered during site grading activities in the north half of the park. Terracon provided field oversight and direction for their removal and disposal. • River Bank Excavation Area — Terracon provided additional field oversight and confirmation sampling related to the park improvements in Festival Park. Terracon Services Agreement February 4, 2005 Page 3 • Townhome Hydraulic Lifts—At the Townhome Site, the Contractor encountered vaults and underground reservoirs related to historic hydraulic lifts. Terracon provided additional field oversight, modified the sampling plan for the confirmation samples, obtained additional confirmation soil samples, and addressed the lifts in the Remedial Action Completion Report (RACR) (Terracon, May 2004) submitted to the IEPA Site Remediation Program. This report was approved by the IEPA and a NFR letter was issued for the Phase I construction area. • Well Abandonment — Terracon performed abandonment of four monitoring wells that were installed on the townhome site during the investigation phase. • The Site Developer(Par)requested that the townhome site be divided into two parcels for the purposed of the NFR. This resulted in the need to issue two separate RACRs for the site, both of which have been completed to date. The NFR for the site currently under construction has been issued by the IFPA. A draft of the NFR for the Phase 11 Townhome Site has also been issued and should be formalized in the near future. Work Remaining to Complete Terracon anticipates the need to perform the following additional work at the Festival Park and townhome sites: 1. A final report for the Festival Park site will be compiled to document the site clean up activity. This report will be submitted to the Kane County Forest Preserve. 2. Terracon will provide follow up with IEPA to obtain the second NFR letter for the townhome site. Table 1, attached, provides a breakdown of the estimated level of effort to conduct the additional services for the townhome and Festival Park sites outlined herein. The additional project budget requested is $13,800.00. Work Remainin to Complete-Condominium Site/Crocker Theater Under the existing contract for services with the City, Terracon completed the Remediation Objectives Report and Remedial Action Plan (ROR/RAP) for the Crocker Theater site in July 2004. Under these plans, soil remediation work is necessary to achieve the City's objectives of attaining a residential clean up standard for the site. The ROR/RAP was submitted to the IEPA's Site Remediation Program and was approved for implementation. Terracon Services Agreement February 4, 2005 Page 4 This proposal provides for continuing consulting services to oversee the soil remediation work and prepare the required documentation to complete the remediation process and obtain issuance of a final NFR letter. Considering the level of pre-sales for the condominium units, it is anticipated that construction will begin in the near future. For the Crocker Theater site, Terracon is proposing a package of services to include preparation of bidding documents for soil remediation, evaluate the bids received, and perform oversight of the remediation program. Scope of Services Terracon will provide the services as outlined below on behalf of the City of Elgin: 1. Remediation Planning and Coordination • Provide informed interpretation of the Remedial Action Plan (RAP) and required remediation sequencing with other portions of the work to achieve the stated site clean up goals. • Coordinate with City personnel, site developer and selected remediation contractor (s). • Attend two project planning and coordination meetings. 2. Preparation of Bid Specifications and Bidding Services • Prepare a set of bidding specifications for soil remediation. • Coordinate with City staff to bid the project and secure the services of a remediation contractor. • Attend one pre-bid meeting and perform review and evaluation of bids received. 3. Field Oversight • Provide experienced field oversight personnel to provide technical direction of soil remediation in accordance with RAP. • Conduct visual and field testing of impacted soils to direct location and extent of impacted soil removal. • Document the removal if impacted soils performed by remediation contractor — document soil removal actions, obtain and review soil manifests, tabulate soil quantities and document removal locations. • Confirm and document the services provided by the contractor, review and process payment requests, and provide recommendation for payment to the City. Terracon Services Agreement February 4,2005 Page 5 4. Confirmation Soil Sampling • Perform soil screening and intermediate soil sampling activities to minimize the quantity of impacted soil removed from the site. Conduct confirmation soil sampling in accordance with Illinois IEPA site Remediation Program protocols to confirm attainment of remediation objectives as described in the ROR/RAP. Perform analysis 'of sample results to determine compliance with ROR/RAP criteria. • Conduct additional soil assessment sampling under the footprint of the Theater Building and Coin Shop building, once demolished, as directed by the IEPA's review comments. Estimated Sample Quantities: Soil Assessment Samples: 15 samples (PNAs, lead) Confirmation Samples: 6 samples (PNAs, lead) 5. Quality Control Sampling of Imported Fill Material • Conduct environmental assessment of activities to verify the source location(s) used by the remediation contractor and site developer to obtain imported fill material. • Conduct sampling of the source materials to determine compliance of imported fill with TACO Tier 1 residential SROs. Analytical testing of source materials shall include VOCs, PNAs, TPH, priority pollutant metals, and pesticides/PCBs. A sampling frequency as specified in the RAP shall be adhered to. Table 2, attached, provides a breakdown of the estimated level of effort for the Condominiums/Crocker Theater site. The additional project budget requested for this element of the contract amendment is $22,800.00. The total amendment amount requested in order for Terracon to complete the environmental services for the Townhome/Festival Park Sites and the Condominium/Crocker Theater site is $36,600.00. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None Terracon Services Agreement ro' February 4, 2005 Page 6 FINANCIAL IMPACT The total cost associated with the contract amendment with Terracon, Inc. would equal $36,600. The total budget for Festival Park (project number 039520)is $5.454 million and includes $2,953,662 from the Riverboat Fund (275-0000-791.92-32), $278,553 from project number 039519 (Par Development), a $1 million State of Illinois Department of Commerce & Community Affairs (DCCA) grant, $570,000 from the South Grove TIF Fund, $250,000 from Ameren Energy and $402,367 from a Department of Housing & &Urban Development (HUD) Grant. With the approval of the second amendment, the total contract amount with Terracon, Inc. is $128,782. Available funds remaining for Festival Park are $678,979. LEGAL IMPACT A second amendment to the initial contract with Terracon, Inc. will be required. ALTERNATIVES 1. The Council may choose to authorize the second amendment to the agreement with Terracon, Inc. for$36,600.00. 2. The Council may h Y coose not to authorize the second amendment with Terracon, Inc. Respectfully submitted for Council consideration. RHM:cf Attachment Table 1 City of Elgin Festival Park and Townhome Redevelopment Sites Additional Remedlation Oversight and Site Closure Services Task Description City. Total Unit Cost Unit Subtotal Estimated Cost 1 Remedlation Planning and Coordination Mobilization Project set up and coordination.HASP 0 $500.00/mobilization $0 Meetings 2 Project Meetings,2 people/mtg. 3 $640.00/meeting $1.9Y0 Total Task Cost $1,920 2 Field Oversight of Soil Remedlation 8 hours/day on-site during soil removal. Includes Terracon personnel,equipment.PPE, and vehicle Festival Park Boat Ramp and River Bank Areas 4 $1,000.00 CosUday $4,000 Townhome Site Phase 2 Area(North Portion) 3 $1,000.00 Cost/day $3,000 Total Task Cost 0 $1,000.00 CosUday $p $7,000 3 Confirmation Soil Sampling Festival Park Soil Samples(PNA+lead) 0 $138.00 Per sample $0 Townhome Soil Samples(PNAs+Lead) 6 $138.00 Per sample $828 Soil Samples(TCLP Lead) 0 $95.00 Per sample $0 Total Task Cost $ees 4 Regulatory Services and Coordination Coordiartion with SRP Project Mgr. 11 $130/hour $1,365 Data Evaluation TACO compliance evaluation of confirmation 14 $85/hour $1,190 samples. Remedial Action Completion Report w/PE Certification-Townhome Ph 2 1 $1,497 report $1,497 Total Task Cost $4,052 GRAND TOTAL-Festival Park 6 Townhomes Sites rill 44037070•Project Budget-Elgin FP Rem Oversight.xls 1 Terracon,Inc. Table City of Elgin Crocker Theater Redevelopment Site Remediation Oversight and Site Closure Services Total Task Description Qty. Unit Cost Unit Subtotal Estimated Cost 1 Remediation Planning and Coordination Mobilization Project set up and coordination.HASP 1 $500.00/mobilization $500 Meetings 2 Project Meetings,2 people/mtg. 2 $640.00/meeting $1,280 Total Task Cost $1,780 2 Bid Specification for Env.Remediation Plans&Specs 30 $85/hour $2.550 Bid Coordination 12 $130/hour $1,560 Pre-Bid Mtg 6 $35/hour $210 Bid review and Evaluation 10 $25/set $250 $4,570 3 Field Oversight of Soil Remediation Field oversight for soil excavation work at CTB-8,Building basement area and landscape areas. Mobilization/SetUp 1 $1,050.00 Cost/day $1,050' CTS-8 area 370 CY 1 $1,050.00 Cost/day $1,050 Building Basement 1700 CY 2 $1,050.00 Cost/day $2,100 Landscape Areas NA 0.5 $1,050.00 Cost/day $525 Total Task Cost $4,725 4 Confirmation Soil Sampling(Under Existing Bldgs&Post Rem.) Theater/Coin Shop Soil Samples(PNA+lead+TCLP lead) 7 $138.00 Per sample $966 CTB-8 Soil Samples(PNA+lead+TCLP lead) 3 $138.00 Per sample $414 Bldg.Basement PNAs 3 $125.00 Per sample $375 Imported Fill VOCs,PNAs,Pesticides/PCBs,TPH,PP 4 $675.00 Per sample $2,700' Metals Sampling Labor Est.2 add'I trips for sampling-1/2 day each 2 $1,050.00 Cost/day $2,100 Total Task Cost $6,555 5 Regulatory Services and Coordination Coordiantion with SRP Project Mgr. 12 $130/hour $1,560 Data Evaluation TACO compliance evaluation of confirmation 16 $85/hour $1,360 samples. Remedial Action Completion Report w/PE Certification-Townhome Ph 2 1- $2,250 report $2,250. Total Task Cost $5,170 GRAND TOTAL-Crocker Theater Site $22,800 44037070-Project Budget-Elgin FP Rem Oversight(version 1).xls 1 Terracon,Inc.