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HomeMy WebLinkAbout22-195 Resolution No. 22-195 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH SMITHGROUP, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS FOR THE ELGIN SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with SmithGroup, Inc., for professional services in connection with the proposed improvements for the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain ^David J. Kaptain, Mayor Presented: November 2, 2022 Adopted: November 2, 2022 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT This Amendment Agreement ("Amendment Agreement") is made and entered into this 2nd day of November , 2022, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as the"City")and SmithGroup,Inc.,a Michigan Corporation, authorized to do business in the State of Illinois(hereinafter referred to as"Consultant"). WHEREAS,the City and Consultant previously entered into an agreement dated July 13, 2022, wherein the City engaged Consultant to furnish certain professional services in connection with the proposed improvements for the Elgin Sports Complex (hereinafter referred to as the "Original Agreement"and the"Project"); and WHEREAS, the scope of services in the Original Agreement contemplated only some initial environmental services and that thereafter when those initial environmental services where completed a separate proposal for final environmental services and related matters would be developed and submitted to the City; and WHEREAS, the Consultant has completed the initial environmental services as contemplated in the Original Agreement and has submitted to the City a proposal for the additional and final environmental and related services in order to obtain a no further remediation letter for a residential standard for the subject property; and WHEREAS,this Amendment Agreement is germane to the Original Agreement as signed and this Amendment Agreement is in the best interest of the City and authorized by law. NOW, THEREFORE,for and in consideration of the mutual undertakings set forth in the Original Agreement,and the undertakings set forth in this Amendment Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are incorporated in this Amendment Agreement in their entirety. 2. That Section 1 ofthe Original Agreement is amended by adding an additional subparagraph C thereto to read as follows: "C. The Consultant shall also provide the additional environmental and other services to the City for the Project as outlined in Attachment A-1 hereto and incorporated herein by this reference." 3. Section 2 of the Original Agreement is hereby amended by adding the following additional subparagraph C thereto to read as follows: "C. The Consultant shall perform the services set forth in Attachment A-1 according to the schedule attached hereto as Attachment B-1 and incorporated herein by this reference." 4. Section 4 of the Original Agreement is hereby amended by adding an additional subparagraph D thereto to read as follows: "D. The City shall pay to the Consultant for the services set forth in Attachment A-1 hereto the total amount of $101,070, consisting of the amount of $94,500 for services relating to the preparation of a comprehensive site investigation report, remedial objectives report, remedial action plan, and remedial action completion report; the amount of$2,050 for the preparation of wetland delineation report and U.S. Army Corp of Engineers Jurisdictional Determination; and $4,520 for management and administrative documentations. For the purposes of clarification, the total amount of payments to the Consultant under the Original Agreement was $160,000, the total amount to be paid to the Consultant under this Amendment Agreement is$101,070, with the total amended contract amount being$261,070." 5. That except as specifically amended in this Amendment Agreement, the Original Agreement shall remain in full force and effect. 6. That in the event of any conflict between the terms of this Amendment Agreement and the terms of the Original Agreement,the terms of this Amendment Agreement shall supersede and control. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement effective as of the date near first written above. CITY O By: ichard G. ozal, City ana er Age rk CONSULTANT SMITHGROUP, INC.: Digitally signed by Paul Wiese Paul Wiese D05�022.10.2011:38:12 By: Paul J. Wiese,Vice President Legal DeptlAgreementlSmithGroup Inc-Amend Agr-Elgin Sports Complex-10-1 8-22.docx 2 ATTACHMENT A-1 SCOPE OF SERVICE ENVIRONMENTAL SCOPE: The Elgin Sports Complex expansion property is currently approved for industrial and commercial use by the Illinois Environmental Protection Agency(IEPA).In order for the property to be used as a park for recreational purposes,the property must meet an IEPA residential standard. Based on the Phase 1 Environmental Assessment completed within the original scope, additional due diligence is required. The Assessment revealed the property's connection to Recognized Environmental Conditions, Historic Recognized Environmental Conditions and Controlled Recognized Environmental Conditions.In order to submit the property for residential use,additional investigation and coordination with ]EPA is required. Comprehensive Site Investigation(CSI) - Based on the Agency's approval of the Comprehensive Site Investigation Plan,GSG will execute the approved Comprehensive site investigation to meet the Illinois EPA Site Remediation Program requirements for the issuance of a new Residential Use NFR for the site. GSG will conduct the Comprehensive Site Investigation in accordance with all applicable subsections of Illinois Environmental Protection Agency,Title 35:Environmental Protection,Subtitle G:Waste Disposal,Chapter l: Pollution Control Board and Part 740,Site Remediation Program.GSG will characterize impacts associated with all identified RECs on the Site through the advancement of borings. GSG will perform the following as part of the CSI: • Contact JULIE 48 hours prior to starting the field activities and clear underground utilities at the site. • Advancing up to 40 soil borings to approximately 15 feet below grade and the analysis of two soil samples per boring. The locations of the soil borings will be based on the existing site conditions and the historical soil boring locations. The soil probes will be located throughout the subject property to investigate areas with potential RECs based on the information collected during the Phase I ESA. • Soil samples will be field screened for volatile organics and soil lithology will be continuously logged and characterized in accordance with the Unified Soil Classification System.A detailed description of the soil types encountered will be provided. • Up to three(3)soil samples will be collected from each boring. Samples will be collected from surficial soils(0-3 feet bgs),from the deeper soil horizon(3-10 feet bgs), and from the 10-15 feet bgs interval as necessary from potentially impacted based on field observations or from just above the soil/water interface if no impacts are noted. • Selected soil samples will be analyzed for suspect chemicals of concern at the site resulting from historic and/or present uses of the site and Target Compound List(TCL)(assumed 30%) chemicals to satisfy the SRP requirements for the issuance of a comprehensive NFR Letter. This includes Volatile Organic Compounds(VOCs),benzene,toluene,ethylbenzene,and xylene (BTEX),polynuclear aromatic hydrocarbons(PNA),total Resource Conservation and Recovery Act(RCRA)and Total Analyte List(TAL)Metals,pH,Fractional Organic Carbon(FOC),and Pesticides/Polychlorinated Biphenyls(PCBs). All analyses will be performed on a standard turn- around time. • Convert up to three(3)soil borings into temporary monitoring wells if groundwater is encountered.Gauge all temporary monitoring wells and collect measurements to determine the depth to groundwater below ground surface. • Collect up to three(3)groundwater samples using a peristaltic pump and IEPA approved low- flow groundwater sampling techniques.Groundwater samples will be collected and analyzed for TCL.The samples will be transported to the laboratory immediately upon completion of the field activities. • Hydraulic conductivity testing in one(1)monitoring well. • All investigation-derived waste will be returned to the borehole from which it was sampled and is to remain on Site;and • Prepare the CSIR report documenting the site investigation and the results of field sampling with a comparison of the collected data to the applicable Tiered Approach to Corrective Action Objectives(TACO)Tier 1 Remediation Objectives(ROs)and Clean Construction Demolition Debris(CCDD)limits.The soil sample analytical results will be compared to the Tier I soil ROs for the inhalation,ingestion,and soil component of the groundwater ingestion exposure routes for residential and construction worker scenarios.The groundwater sample analytical results will be compared to the Tier 1 groundwater ROs for the residential indoor inhalation and groundwater component of the groundwater ingestion exposure routes Complete Soil Vapor Sampling(VEC): • Advance four(4)soil borings to a maximum depth of 5 feet at the site at location that exhibited the highest concentration of indoor air constituents during GSG's CSI. • Decontaminate the field sampling equipment between each sample and drilling location to avoid cross-contamination of subsurface soil and samples. • Collect four(4)soil gas samples from the site.At each sampling point,the soil gas sample will be collected from the interval estimated to be 1 to 2 feet above the upper surficial aquifer unit, no greater than a depth of 5 feet.The sample will be transported to the laboratory immediately upon completion of the field activities. The soil boring holes will be backfilled with soil cuttings and bentonite pellets,if needed. • Samples will be analyzed by an Environmental Laboratory Approval Program(FLAP)certified laboratory and all Summa canisters will be individually certified clean. Collected soil gas samples will be analyzed for Indoor Air Constituents that exhibited the highest concentration of indoor air constituents during GSG's CSI. All analyses will be performed on a standard turn- around time. • Review and compare the analytical data to the IEPA TACO ROs.The soil gas samples analytical results will be compared to the Tier 1 SROs for the indoor inhalation,exposure route for residential scenario. • Results will be incorporated in the CSI/ROR/RAP Prepare Comprehensive Site Investigation Report, Remedial Objectives Report and Remedial Action Plan-GSG will prepare a Comprehensive Site Investigation Report(CSIR)after collecting all the required data. The CSIR will identify all of RECs and all of the related contaminants of concern that are present at the site.The report will utilize the information collected during the Phase 1 and CSI investigations. The report will provide description of the field activities performed including field screening measurements and observations,site physical features,analytical data,full extent of soil and groundwater contamination,contaminant pathways,and exposure routes.GSG will also prepare Remedial Objectives Report(ROR)in accordance with the requirements of 35 Illinois Administrative Code Sections 740.440 and 740.445. The report will address the recognized environmental condition(s)and related contaminants of concern that were identified in the CSIR.The report will address the selected site remedial objectives,which will be coordinated with the client.GSG assumed that the client will utilize the Tier 1 soil remediation objectives and exposure route exclusion in the form of engineered barrier for the site. The report will also discuss other recognized environmental conditions that may require remediation work such as USTs,if present. GSG will also prepare a Remedial Action Plan(RAP)in accordance with the requirements of 35 Illinois Administrative Code 740.450. The RAP will include a description of the recognized environmental conditions at the site, major components and scope of the site remediation work,and Soil Management Zones as necessary. The RAP will include detail drawing showing the limits and estimated volume of each area of contaminated soil that will require remediation at the site.The plan will also include description of steps that will be implemented to ensure compliance with the requirements for soil management zones(if included),confirmation sampling plan,and applicable engineered barrier locations,and type of institutional controls to be implemented. IEPA Communications - GSG will file all necessary environmental reports to the IEPA to secure an NFR letter and follow up with the IEPA as necessary to obtain the final NFR on the behalf of the Client. WETLAND SCOPE The Wetland Delineation Field Work determined the existence of two wetlands.A wetland delineation report suitable for submittal to the federal,state,and local agencies must be prepared and submitted to obtain a jurisdictional wetland determination from the U.S.Army Corps of Engineers and Kane County. Wetland Delineation Report: The report will include the U.S.Army Corps of Engineers(USACE) wetland determination data forms,aerial photography with sample point locations,natural resource mapping,floristic quality assessment data,formal endangered and threatened species consultation wit the Illinois Department of Natural Resources and the U.S.Fish and Wildlife Service,Antecedent Precipitation Analysis,and site photographs as necessitated by the delineation process.One PDF copy of the report will be sent to the client. U.S.Army Corps of Engineers Jurisdictional Determination,No Permit Required Request and/or Concurrence with Findings: Preparation of a formal request and follow up consultation with the USACE. This does not include any meetings,additional information or investigation requested by the USACE, including but not limited to drain tile surveys or analysis of storm sewer mapping. ATTACHMENT B-1 SCHEDULE SPORTS COMPLEX SCHEDLU Oct 19,2022 2022 2023 2013(continued) Test October Noeernber December January February March April May June July August September October November a4ataer+ - e �_la ��� �alSi'as SasSa� aas R�p � l�le rcz5aasa. aSaa ^ 10 Survey•Environmental services �^ 2.1 Topo Survey Update 1.2 Phase I Env She Assessment :I 2.31EPA Site Remediation program Activities I - - - - }--f_ Site investigation 1 - - tlf I4 CSIR/ROR/RAP Reports - - - —f •IEPA Review-. 1.4 Wetland Verifica Wetlands Delineation Report - USACE Jurisdictionai Determination or NPR Reques• 1.5 She Investilia n Me coordination with Chyof ElginKick-Offeting and She Vint - - 1.6 Kick-Off Schematic Deli n 2.1 Program and Vision Verification ••2.2 Review site samples and update schedue 2.2 SO Alternatives and Client Renew Meeting _ 2.3 Prefered"'and Conlon le of Cost 2.4 Cnt Review Meeting 2.5 Engagement with Regulatory Agencies 3.0 Fmf Engineering and PermlWng 50%CD 90%CD 100%CD - - 4.0 Bid and Award 5.0 Construction i I 6.0 Close-Out — -- - •Wetland Delineation Report will determine if wetlands arc Jurisdittlonal or non-jurkGittlonal.lurhdicitional is upto 1 year and roes-jurisdictional Is 3-6 months. •.IEPA has 60 days to review each report ar 90 days to review all three sutanitted st the same time.