02-289 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:
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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.
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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
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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