03-228 Resolution No. 03-228
RESOLUTION
AUTHORIZING EXECUTION OF A PROFESSIONAL SERVICES AGREEMENT WITH
TERRACON, INC. FOR FESTIVAL PARK AND SOUTH GROVE AVENUE
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 David M. Dorgan, City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute a Professional Services Agreement on behalf of
the City of Elgin with Terracon, Inc . , for professional
environmental consulting services at Festival Park and South Grove
Avenue residential sites, a copy of which is attached hereto and
made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: August 13 , 2003
Adopted: August 13 , 2003
Vote : Yeas : 5 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
JUN-20-03 FRI 08:35 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 02
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this
of _ , 2,003 by and between the City of
Flgin,� 111 ' ois, a municipal corporation (hereinafter referred
to as "City") , and Terracon, Inc. , a Kansas Corporation
(hereinafter referred to as "Consultant") .
WHERFAS, the City has determined it to be in its best
interest to obtain the assistance of an expert consultant
concerning the development of Remediation Objective Reports and
Remedial Action Plans for the PAR Development Townhome Site, the
Crocker Theater Site and Festival Park,
WHEREAS, Consultant is an expert in the relevant
environmental sciences , and desires to render Consultant
services to the CITY.
NOW, THEREFORE, in consideration of the mutual promises and
covenants contained herein, the.; receipt and sufficiency of which
is hereby acknowledged, the parties hereto hereby agree as
follows:
1. SCOPE OF WORK
CONSULTANT shall perform and direct the necessary qualified
personnel to perform the following services for the properties
conunonly known as the PAR DevelopuLerit Townhome Site, the Crocker
Theater and Festival Park, hereafter referred to as the "Subject
Properties":
A. Consultant agrees to provide the following services for
the purpose of completing and submitting a Remediation
Objectives Report and Remedial Action Plans for the Subject
Properties:
1. Preparation of Reirne:diation Objectives Reports .
2. Development of Remediation Action Plans.
3. Regulatory and Third-Party Coordination.
4 . Project Management and Meetings.
Subparagraphs l through 4 , i.nclUsive, of this paragraph,
shall hereafter be collectively referred to as the
"Project. "
B. All work hereunder shall be performed under the
direction of the Director of Economic development and
JUN-20-03 FRI 08:36 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 03
Business Services of the City, hereafter referred to as the
"Director" .
C. Consultant shall perform the services for the Project
as set forth in Section lA "Scope of work, " in the
following order : Task 1—Preparation of Remediation
Objectives Report; Task 2—Development of Remediation Action
Plans; Task 3—Regulatory and Third Party Coordination, and;
Task 4—Project Management. and Meetings . Consultant' s
Proposal. for Environmental Consulting Services dated
/e> 2003 is attached hereto and made a part hereof as
E. hibit A. Consultant agrees that John Nardozzi shall serve
as the principal in charge and senior program manager with
overall responsibility for Project direction and quality
control for consultant scrviccs pursuant to this Agreement.
D. Consultant' s services for the Project shall continence
on the date of the Agreement' s execution and shall be in
effect for a maximum of six weeks from said commencement
date.
2. FEE
The maximum not-to--exceed compensation established for the
services proposed by ConsultanL is $27 , 840 . Invoices will be
issued to the City monthly itFmi71ng the staff categories, hours
worked, rates and other direct costs associated with work.
:3. RIGHTS IN RESULTS OF SERVICES
The results of Consultant' s services under this agreement shall
be the exclusive properly of City, and all documents (including
without limitation, all writings, drawings , blueprinLs,
PicLures, recordings, computer or machine readable data, and all
copies or reproductions thereof) which describe or relate to the
services performed or to be performed pursuant to this agreement
or the results thereof, including without limitation all notes,
data, reports or other information received or generated in the
performance of this agreement shall be the exclusive property of
City and shall be delivered to City upon request (except for one
copy, which may be retained by consultant for its confidential
files) . No articles, papers, treatises, or presentations related
to or in any way based upon or associated with the services
performed pursuant to this agreement shall be presented or
submitted for publication without the prior written consent of
City.
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JUN-20-03 FRI 08;36 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 04
3 . OTHER AGREEMENTS
Consultant warrants that it is not a party to any other existing
or previous agreement which would prevent ConsulLarit from
entering into this agreement or which would adversely affect
Consultant' s ability to perform services under this Agreement.
During the term of this Agreernc.nt, Consultant shall not, without
the prior written consent of City, perform services for any
persons, firm or corporation other that City if it is
foreseeable that such services could lead to a conflict with
Consultant' s obligations under this agreement.
5. SUBCONTRACTING
If Consultant intends to hire or retain any person, firm or
corporation to perform services under this Agreement, Consultant
shall first secure the written agreement of such party that such
party ( 1 ) shall assume and agree to be bound by the same
obligations as Consultant has assumed under the provisions of
this agreement, and (2) that such party shall not be or act as
an agent or employee of City, assume or create an commitment or
obligation on behalf of nor bind City in any respect whatsoever.
Consultant shall provide City with a copy of each such written
agreement.
Prior to subcontracting, Consultant shall obtain prior writ-Lon
approval of the City for each individual subcontractor. City
shall have the right to refuse approval of any subcontractor for
any reason.
6. ASSIGNMENT
Neithet. this AgreemenL nor any of the rights or obligations
hereunder may be assigned or otherwise transferred by
Consultant, nor shall the benefits of this agreement inure to
the benefit of any trustee in bankruptcy, receiver or creditor
of Consultant, except as may be required by law, whether by
operation of law or otherwise, without the prior written consent
of City. Any attempt to assign or transfer this Agreement or any
rights hereunder without such consent shall. be null and void and
of no force or effect.
7. INDEPENDENT CONTRACTOR
Consultant is and shall perform its services under this
Agreement as an independent contractor, and shall not be doomed
an agent, employee or legal representative of City. Consultant
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JUN-20-03 FRI 08:37 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 05
has no authority to assume oz- create any commitment or
obligation on behalf of or to bind City in any respect
whatsoever.
8 . LICENSES AND PERMITS
Consultant shall obtain any and all licenses and permits
required by federal,, state, or local statutes, regulations or
ordinances necessary for thc performance of its services
pursuant to this agreement.
9. COMPLIANCE WITH LAWS
Consultant shall at all Limes impose work orders on its
employees and subcontractors which are designed to assure that
they comply with all applicable federal, state and local laws
and regulations (including, but riot limited to, occupational
safety and environmental protection statutes and regulations) in
performing services hereunder, and shall comply with any
directions of governmental agencies and City relating to site
safety, security, traffic or other matters
Failure to comply with this Section shall constitute a
material breach of this agreement, and shall entitle City to
terminate this agreement upon ten (10) days written notice
without penalty to City.
10 . INDEMNIFICATION OF CLIENT
Consultant shall hold harmless and indemnify City from and
against any and all suits, causes of action, claims for dFimages
and any and all other liability arising out of or in connection
with any alleged or actual negligent acts or performance of this
agreement by Consultant or any third party against City. � �
11. CONSULTANT' S INSURANCE
Consultant shall obtain and maintain the following policies of
insurance:
A. Worker' s coinpensaLior, and occupational disease
insurance in amounts rcquirod under the laws of the State
of Illinois;
P,. Comprehensive genera) liability and automobile
liability insurance for bodily injury, death or loss of or
damage to property of th,i.rd persons in the minimum amount
1{
JUN-20-03 FRI 08;37 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 06
of $1 million per occurrence which policy shall name City
as additional insured. Consultant shall furnish to City of
Elgin g of such policies on or before the
[c—on—vn-e--'Zncemcnt date of this Agreement .ertificate of Insurance
C. Professional liability insurance for errors and
omissions in the minimum amount of $1 million per
occurrence . Consultant shall furnish to the City a
Certificate of Insurance as evidence of such policy on or
before the commencement date of this Agreement.
12 . RIGHT OF ENTRY
City shall provide for Consultant' s right to enter from time to
time property owned by City or other (s) in order for Consultant
to fulfill the scope of services, pursuant to the attached
au 't'horization form.
13. SE;VERABILITY
If any portion of this Agreemcnt, or application thereof to any
person ur circumstance, shall to any extent be deemed to be
invalid, void, or otherwise unenforceable for any reason, the
remainder of this agreement, and the application of such
provision to persons or circumstances other than those as to
which ir_ is held invalid, shall not be affected thereby, and
each provision of this Agreement shall be valid and shall remain
in full force and effect.
14 . GOVERNING LAW
This Agreement shall be subjoct to and governed by the laws of
the StaLe of Illinois. Venue for the resolution of any disputes
or the enforcement of any rights pursuant to this Agreement
shall be in the Circuit Court of Kane County, Illinois.
IS. TERMINATION OF AGREEMENT
Notwithstanding any other provisions hereof, the City may
terminate this Agreement at any time upon fifteen (15) days
written notice to the Consultant.
16. ENTIRE AGREEMENT
This Agreement contains the entire understanding and agreement
between the parties hereto with respect to the subject matter
hereof and supersedes all previous communications, negotiations
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JUN-20-03 FRI 08;38 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 07
and agreements, whether oral or written, between the parties
hereto with respect to such sut)ject matter, and no additions to
or modifications of this AgreoinenL or waiver of any provisions
of this Agreement shall be binding on either party unless made
in writing and executed by City.
The terms and conditions set forth herein are accepted as of
this day of, 2003.
CITY OF ELGIN TERRAC,ON, INC.
B G�� ` B
Y= Y= _
David M. Dorgan
City Manager Title:
Attest:
Dolonna Mecum, City Clerk
6
JUN-20-03 FRI 08:38 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 08
February 18, 2003
Mr. Raymond H. Moller
Director of Economic Development
City of Elgin
150 Dexter Court
Elgin, IL 60120
SUBJECT: Proposal for Professional Environmental Consulting Services
Festival Park Redevelopment Sites, Elgin, IL
Terracon Proposal No. 4403090
Dear Ray:
Terracon, Inc, is pleased to submit this proposal to develop Remediation Objectives Reports
(RORs) and Remedial Action Plans (RAPs) for three properties on the south side of City
Center. These properties include Festival Park, the Crocker Theater Site and the Townhome
Redevelopment Site. This proposal is submitted in response to your request for proposal of
Friday February 7, 2003.
1.0 BACKGROUND
The three sites which are included in the Festival Park Redevelopment area are described as
follows:
• Festival Park Site: This site occupies approximately 4.2 acres and is a landscaped parcel
bordered by Prairie Street to the north, South Grove Avenue to the east, the Kane County
Forest Preserve District (KCFPD) bicycle path to the west, and Lake Street to the south.
The property is currently a public park. The City intends to further develop this property as
park space with the construction of additional park features and landscaping. The
improvement area will include a portion of KCFPD property that is located between the
City-owned parcel and the Fox River.
• Townhome Redevelopment Site: This site comprises a 5.0 acre area located east of the
Festival Park Site. The site is currently a parking lot and landscaped space. Development
plans call for the construction of townhomes on this property.
JUN-20-03 FRI 08:39 AM CITY MGRS OFFICE FAX NO, 8479315610 P. 09
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 2
• Crocker Theater Site (96 to 122 South Grove Avenue): The Crocker Theater Site is located
to the north of Festival Park and is approximately 1.5 acres. The site currently has two
structures: the Crocker Theater Building and the Coin Shop. The City intends to demolish
both structures to facilitate redevelopment of the site with the construction of a mid-rise
condominium building.
Environmental conditions of the three sites have been documented by previous investigations
including a Preliminary Phase II Environmental Investigation conducted by Patrick Engineering
and individual Site Investigation Reports prepared by ENSR Corporation.
2.0 PROJECT OBJECTIVE AND UNDERSTANDING
The purpose of the proposed services is to further advance the sites toward an acceptable
remediation program that will allow each site to be redeveloped for its intended purpose. With
respect to the Townhome Site and Crocker Theater Site, the sites will continue to be enrolled
in the Illinois Site Remediation Program. It is the City's intent to secure No Further
Remediation letters from the Illinois EPA in accordance with the Development Agreement
between the City and Par Development, Inc.
For the Festival Park Site, the remedial efforts will follow the generally accepted practices of
the SRP; however, formal review of the ROR and RAP and issuance of a NFR letter by the
Illinois EPA will not be pursued. This direction is based on the fact that the City does not
intend to transfer ownership of the site.
Terracon further understands that the Townhome site will be developed in multiple phases. As
such the Remedial Action Plan will be based on seeking two separate NFR letters. The first
NFR will be for the southern portion of the site that will be constructed first,followed by a later
NFR that will address the northern portion of the property.
3.0 SCOPE OF WORK
Terracon's proposed scope of work will include the following tasks:
Task 1 - Preparation of Remediation Objectives Reports
Task 2- Development of Remedial Action Plans
Task 3 - Regulatory and Third Party Coordination
JUN-20-03 FRI 08;39 AM CITY MGRS OFFICE FAX NO, 8479315610 P. 10
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 3
Task 4- Project Management and Meetings
A description of each task is provided below.
Task 1 — Preparation of Remediation Objectives Reports (RORs)
Under the Illinois Site Remediation Program, a Remediation Objectives Report (ROR) is
required to establish the site-specific conditions and remediation goals that will apply to the
sites and will be used to satisfy the requirements of the TACO standards. Specifically, the site
conditions will be based on residential clean up objectives for all three redevelopment parcels.
Other considerations will include the use of engineered barriers on selected portions of the
sites to eliminate the residential ingestion pathway from consideration. In addition, it is
anticipated that a groundwater ordinance will be employed to eliminate the need for any active
groundwater treatment systems.
Each site will require a different combination of remediation objectives to achieve the overall
project goals. For example, soil remediation objectives for the first phase of the Townhome
Site will be developed to avoid the use of any engineered barriers, if practical, so that the NFR
will contain the least onerous restrictions. The subsequent phase of development will likely
contain an engineered barrier to minimize the cost of required clean up actions.
In addition to engineered barriers, Terracon anticipates the application of the soil averaging
concept, as described in TACO at section 35 IAC 742.225. Use of soil averagin to
dernonstrate compliance with the TACO standards will further reduce the extent and cost of
the soil remediation program.
Separate RORs will be completed for each site. The RORs for the Townhome and Crocker
Theater site will be completed in a manner to submit to the Illinois SRP. The Festival Park
ROR will not be submitted to the [EPA, but will be reviewed by the consultant for the Kane
County Forest Preserve.
Task 2-- Development of Remedial Action Plans
Terracon will prepare separate Remedial Action Plans (RAPS) for each of the three sites. The
RAPs will be prepared in accordance with the requirements set forth under the Illinois Site
Remediation Program regulations at 35 111 Adm. Code Part 740.450.
JUN-20-03 FRI 08:40 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 11
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 4
The content of the RAPS will include the following key elements:
• Objectives of the plan and technical approach
• Identification of remedial technologies to be utilized
• Confirmation sampling plan
• Discussion of current and post-remediation uses of the sites
• Description of applicable engineered barriers and/or institutional controls
• Professional engineer certification
Each RAP will include site maps and graphics to describe the proposed remedial actions. For
the purpose of this proposal, it is assumed that the City of Elgin will provide copies of all existing
sita mapping prepared by other consultants for the benefit of the City in electronic format (i.e.,
AutoCADD)for use on this project.
A draft version of the RAPs will be prepared and submitted to the City for review and comment
by City personnel and other involved parties (i.e., KCFPD, Hitchcock Design Group and Par
Development). Comments from all parties will be incorporated into a final version of the
documents for submittal to the ]EPA, if applicable. Five final copies of the report will be
provided.
Task 3— Regulatory and Third Party Coordination
The ultimate goal of Terracon's services will be to obtain a No Further Remediation
determination for the Townhome and Crocker Theater site. To help ensure this goal is attained
in a timely manner consistent with the redevelopment plans, Terracon will take a proactive
approach to interaction with the IEPA to seek concurrence of the RAPs. Terracon will maintain a
dialog with [EPA to help expedite the IEPA's review and approval of the plans.
In the case of the Festival Park site, the City has decided not to pursue a NFR letter as no
property transfer is anticipated by the City. However, since off-site contamination has been
identified on property owned by the Kane County Forest Preserve District, the City has agreed to
coordinate the environmental aspects of the project with the KCFPD. Terracon will assist with
the coordination of the environmental issues with KCFPD's environmental consultant.
In addition, this task includes coordination of the work with the proposed Developer, Par
Development, and the City's design consultant for the project, Hitchcock Design Group.
JUN-20-03 FRI 08:40 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 12
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 5
Task 4-Project Management and Meetings
Under this task, Terracon's Project Manager will keep the City advised of the project progress and
when any situation develops that would require a change in the project scope.
Project meetings are anticipated as follows:
Two project meetings with KCFPD are included in the budget to present and discuss the
conclusions of the site investigation and outline subsequent steps that may be necessary and
appropriate to advance the
Two project meetings with Par Development are assumed to assist with the coordination of
remedial plans at the Townhome and Crocker Theater Sites.
4.0 STAFF
Mr. John M. Nardozzi, P,E.,will serve as the Principal in Charge for the project Mr. Nardozzi will be
involved in development of the ROR and RAP reports and have a lead role in quality assurance
review of the work. Mr. Nardozzi is very familiar with all aspects of the project background from its
earliest inception and has extensive experience working with the Illinois Site Remediation Program,
underground storage tank program and applicaLion of TACO regulations.
Mr. Eric R. Powley will also be extensively involved in the project. Mr. Powley has worked closely on
previous phases of the project and has established a sound understanding of the work and the
parties involved.
Additional staff resources, as required to complete the work in a timely manner, will be available
through Terracon's Naperville, Illinois office.
5.0 PROJECT BUDGET AND SCHEDULE
Terracon will perform the work outlined in this proposal on a time and materials basis in
accordance with the attached Terms and Conditions and Environmental Services Fee
Schedule for a total estimated cost of $ 27,840. This cost estimate includes Terracon's direct
labor and other expenses that are directly attributable to the performance of the work such as
travel expenses and report preparation. A breakdown of the costs by task is provided in
Table 1.
JUN-20-03 FRI 08;41 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 13
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 6
The work will be preformed in concert with the other parties involved. Terracon expects that the draft
RORs and RAPS will take approximately four weeks to complete. It is assumed that two weeks will
be required to obtain feed back from all parties followed by two additional weeks to complete the
reports for submittal to the IEPA or KCFPD,as applicable.
Wo appreciate the opportunity to submit this proposal and look forward to working with you on this
project. Please acknowledge your acceptance of this proposal by signing the Notice-to-Proceed
section provided below and returning it via fax to 630) 357-9489 or mail to our Naperville, Illinois
office for prompt attention. If you have any questions, please feel free to contact either of the
undersigned at(630)717-4263.
Sincerely,
TERRACON, Inc.
John M. Nardozzi, P.E. William B.Thayer, P.E.
Senior Project Manager Associate Principal
Attachments: Terracon Terms and Conditions
Terracon Environmental Services Fee Schedule
JUN-20-03 FRI 08:41 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 14
Mr. Raymond H. Moller
City of Elgin
Terracon Proposal No. 4403090
February 18, 2003
Page 7
NOTICE TO PROCEED
The above referenced proposal and Terms and Conditions are understood and accepted by
signature below.
Client: City of Elgin, Illinois
Signed By:
Printed Name:
Title:
Date:
JUN-20-03 FRI 08:42 AM CITY MGRS OFFICE FAX NO. 8479315610 P. 15
Table 1
Cost Summary
Cily of Elgin
Elgin,Illinois
TASK_ _ L_A_BO_R ODCS TOTAL;
Task 1 --Preparation of RORs�_- $6.200 $0 $6,200
Task 2—Development of RAPS $1x},950 $20 $$15,150
Task 3—Reg. &Third Party Coord. _ $2,880 $50 $2,930
Task 4—PM and Meetings $3,460 $100 $3,560
TOTAL $27,490 $350 $27,840
�,n y Agenda Item No.
City of Elgin g
May 23 , 2003
TO: Mayor and Members of the City Council ECONOMIC GROWTH
FROM: David M. Dorgan, City Manager
Raymond H. Moller, Director of Economic
Development and Business Services
SUBJECT: Proposal for Professional Environmental Consulting
Services at Festival Park and South Grove Avenue
Residential Sites . (Exception to the Procurement
Ordinance - 2/3 Majority Required)
PURPOSE
The purpose of this memorandum is to provide the Mayor and
members of the City Council with information to award a
professional environmental service contract to Terracon, Inc .
BACKGROUND
The next step in the environmental assessment and remediation of
the properties commonly referred to as the Townhome site, the
Crocker Theater site and Festival Park calls for the development
of Remediation Objective Reports (RORs) and Remedial Action
Plans (RAPS) for the above mentioned properties .
To date, significant environmental investigation has occurred on
all three sites . This includes the placement of soil borings at
the Townhome site (23) , Crocker Theater site (10) , and Festival
Park (31) . In addition, groundwater monitoring wells have been
placed at the Townhome site (5) , Crocker Theater site (1) , and
Festival Park (4 ) . The results of the investigation conclude
that some level of petroleum related contamination exists and
that remediation actions must take place in order to proceed
with the developments proposed for the sites .
Environmental Testing Svcs .
[ Festival Park/S . Grove Ave .
May 23 , 2003
Page 2
The three sites which are included in the Festival Park
Redevelopment area are described as follows :
• Festival Park Site : This site occupies 4 . 2 acres and is a
landscaped parcel bordered by Prairie Street to the north,
South Grove Avenue to the east, the Kane County Forest
Preserve District (KCFPD) bicycle path to the west, and
Lake Street to the south. The property is currently a
public park. The City intends to further develop this
property as park space with the construction of additional
park features and landscaping. The improvement area will
include a portion of KCFPD property that is located between
the City-owned parcel and the Fox River.
• Townhome Redevelopment Site : This site comprises of a 5 . 0
acre area located east of the Festival Park Site . The site
is currently a parking lot and landscaped space .
Development plans call for the construction of townhomes on
this property.
• Crocker Theater Site (96 to 122 South Grove Avenue) : The
Crocker Theater Site is located to the north of Festival
Park and is approximately 1 . 5 acres . The site currently
has two structures : the Crocker Theater Building and the
Coin Shop. The City intends to demolish both structures to
facilitate redevelopment of the site with the construction
of a mid-rise condominium building.
PROJECT OBJECTIVE AND UNDERSTANDING
The purpose of the proposed services is to further advance the
sites toward an acceptable remediation program that will allow
each site to be redeveloped for its intended purpose . With
respect to the Townhome site and Crocker Theater Site, the sites
will continue to be enrolled in the Illinois Site Remediation
Program. It is the City' s intent to secure No Further
Remediation letters from the Illinois EPA in accordance with the
Development Agreement between the City and Par Development, Inc .
For the Festival Park Site, the remedial efforts will follow the
generally accepted practices of the SRP; however, formal review
Environmental Testing Svcs .
Festival Park/S . Grove Ave .
May 23 , 2003
Page 3
of the ROR and RAP and issuance of a NFR letter by the Illinois
EPA will not be pursued. This direction is based on the fact
that the City does not intend to transfer ownership of the site .
The Townhome site will be developed in multiple phases . As
such, the Remedial Action Plan will be based on seeking two
separate NFR letters . The first NFR will be for the southern
portion of the site that will be constructed first, followed by
a later NFR that will address the northern portion of the
property.
SCOPE OF WORK
Terracon, Inc . ' s proposed scope of work will include the
following tasks :
Task 1 - Preparation of Remediation Objectives Reports
Task 2 - Development of Remedial Action Plans
Task 3 - Regulatory and Third Party Coordination
Task 4 - Project Management and Meetings
A description of each task is provided below:
Task 1 - Preparation of Remediation Objectives Reports (RORs)
Under the Illinois Site Remediation Program, a Remediation
Objectives Report (ROR) is required to establish the site-
specific conditions and remediation goals that will apply- to the
sites and will be used to satisfy the requirements of the TACO
standards . Specifically, the site conditions will be based on
residential cleanup objectives for all three redevelopment
parcels . Other considerations will include the use of
engineered barriers on selected portions of the sites to
eliminate the residential ingestion pathway from consideration.
In addition, it is anticipated that a groundwater ordinance will
be employed to eliminate the need for any active groundwater
treatment systems .
Each site will require a different combination of remediation
objectives to achieve the overall project goals . For example,
rk soil remediation objectives for the Townhome site will be
Environmental Testing Svcs .
Festival Park/S . Grove Ave .
May 23 , 2003
Page 4
developed to remove all contaminated soils under the building
pad. Footprint and engineered soil barriers will be placed
under the parking lots and landscape areas so that the NFR
letter will contain the least onerous restrictions .
The use of engineered barriers (soil caps as well as concrete
parking garage foundations) will be utilized at the Crocker
Theater and Festival Park sites .
Separate RORs will be completed for each site . The RORs for the
Townhome and Crocker Theater site will be completed in a manner
to submit to the Illinois SRP. The Festival Park ROR will not
be submitted to the IEPA, but will be reviewed by the consultant
for the Kane County Forest Preserve .
Task 2 - Development of Remedial Action Plans
Terracon, Inc . will prepare separate Remedial Action Plans
(RAPs) for each of the three sites . The RAPS will be prepared
in accordance with the requirements set forth under the Illinois
Site Remediation Program regulations at 35 Ill Adm. Code Part
740 .450 .
The content of the RAPs will include the following key elements :
• Objectives of the plan and technical approach
• Identification of remedial technologies to be utilized
• Confirmation sampling plan
• Discussion of current and post-remediation uses of the
sites
• Description of applicable engineered barriers and/or
institutional controls
• Professional engineer certification
Task 3 - Regulatory and Third Party Coordination
The ultimate goal of Terracon, Inc . ' s services will be to obtain
a No Further Remediation determination for the Townhome and
Crocker Theater sites . To help ensure this goal is attained in
//�► a timely manner consistent with the redevelopment plans,
Environmental Testing Svcs .
Festival Park/S . Grove Ave .
May 23 , 2003
Page 5
Terracon, Inc . will take a proactive approach to interaction
with the IEPA to seek concurrence of the RAPS . Terracon, Inc.
will maintain a dialog with IEPA to help expedite the IEPA' s
review and approval of the plans .
In the case of the Festival Park site, the City has decided not
to pursue a NFR letter as no property transfer is anticipated by
the City. However, since off-site contamination has been
identified on property owned by the Kane County Forest Preserve
District, the City has agreed to coordinate the environmental
aspects of the project with the KCFPD. A significant proportion
of the Riverfront Improvements proposed for Festival Park will
be built on forest preserve land. Terracon, Inc . will assist
with the coordination of the environmental issues with KCFPD' s
environmental consultant .
In addition, this task includes coordination of the work with
the proposed Developer, Par Development and the City' s design
consultant for the project, Hitchcock Design Group.
Task 4 - Project Management and Meetings
Under this task, Terracon, Inc . ' s Project Manager will keep the
City advised of the project progress and when any situation
develops that would require a change in the project scope .
Project meetings are anticipated as follows :
• Two project meetings with KCFPD are included in the budget
to present and discuss the conclusions of the site
investigation and outline subsequent steps that may be
necessary and appropriate to advance the project .
• Two project meetings with Par Development are assumed to
assist with the coordination of - remedial plans at the
Townhome and Crocker Theater Sites .
Staff
Mr. John Nardozzi , P .E . will serve as the Principal in Charge
for the project . Mr. Nardozzi will be involved in development
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May 23 , 2003
Page 6
of the ROR and RAP reports and have a lead role in quality
assurance review of the work. Mr. Nardozzi is very familiar
with all aspects of the project background from its earliest
inception and has extensive experience working with the Illinois
Site Remediation Program, underground storage tank program and
application of TACO regulations .
Mr. Eric Powley will also be extensively involved in the
project . Mr. Powley has worked closely on previous phases of
the project and has established a sound understanding of the
work and the parties involved.
Additional staff resources, as required to complete the work in
a timely manner, will be available through Terracon' s
Naperville, Illinois office .
Project Budget and Schedule
Terracon, Inc . will perform the work outlined in this proposal
on a time and materials basis in accordance with the attached
Terms and Conditions and Environmental Services Fee Schedule for
a cost of $27, 840 . This cost estimate includes Terracon, Inc . ' s
direct labor and other expenses that are directly attributable
to the performance of the work such as travel expense and report
preparation.
The work will be performed in concert with the other parties
involved. Terracon, Inc . expects that the draft RORs and RAPS
will take approximately four weeks to complete . It is assumed
that two weeks will be required to obtain feedback from all
parties followed by two additional weeks to complete the reports
for submittal to the IEPA or KCFPD, as applicable .
Prior to the scope of work being proposed under this contract,
all professional environmental consulting services for the three
sites proposed for further study were performed by ENSR
International . Mr. John Nardozzi and Mr. Eric Powley were
previously employed by ENSR and were the primary professionals
assigned to the site investigation. In order to retain the
critical knowledge base maintained by Mr. Nardozzi and Mr.
Powley, staff is recommending the shift to Terracon, Inc . , Inc .
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May 23 , 2003
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COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
PAR Development is aware of and supports the actions being
taken.
FINANCIAL IMPACT
The cost of this contract with Terracon, Inc . , Inc . will total
$27, 840 and will include preparation of Remedial Action Reports,
Remedial Action Plans, Regulatory and Third Party Coordination
and Project Management . 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. With the approval of this addition,
environmental contracts will total $141, 553 .
The total budget for this project is $3 . 64 million and includes
$2, 570, 000 from the Riverboat Fund, $570, 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
$1, 216, 178 has
been spent/encumbered to date . A total of $2 , 423, 821 remains
available for the project .
IMPACT
,.LEGAL
An exception to the procurement ordinance is required.
A written agreement would also need to be prepared.
ALTERNATIVES
1 . Authorize an agreement with Terracon, Inc . , Inc . for
contractual environmental services at Festal Park, Townhome
site and the Crocker Theater Site .
2 . Choose not to proceed with further environmental testing at
the sites .
RECOMMENDATION
It is recommended that the City Council authorize a professional
service agreement with Terracon, Inc . , Inc . in the amount of
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May 23 , 2003
Page 8
$27, 840 for environmental services at Festival Park, the
Townhome site and the Crocker Theater Site .
Respectfully submitted for Council consideration.
RHM/cm