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05-182 Resolution No. 05-182 RESOLUTION AUTHORIZING EXECUTION OF A THIRD AMENDMENT AGREEMENT WITH TERRACON, INC. (464 McBride Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Olufemi Folarin,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a Third Amendment Agreement with Terracon,Inc.on behalf of the City of Elgin for environmental testing services at 464 McBride Street, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 8, 2005 Adopted: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS THIRD AMENDMENT AGREEMENT made and entered into this day of I Uu\_L , 2005, by and between the CITY OF ELGIN, ILLINOIS, a municipal 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 October 8, 2003, wherein Consultant provided to the City certain consulting services regarding environmental site investigation at 464 McBride Street an 20 Jefferson Street; and WHEREAS, the City and Consultant have previously entered into an amendment to such professional services agreement, with such Amendment Agreement being dated June 9, 2004; and 'WHEREAS, the City and Consultant previously entered into a second amendment to such professional services agreement, with such Amendment Agreement being dated February 23, 2005; 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 environmental site investigation at 464 McBride Street and 20 Jefferson Street. NOW, THEREFORE, for and inconsideration 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 October 8, 2003, as amended by the Amendment Agreements dated June 9, 2004, and February 23, 2005, are 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 Construction Oversight Services Elgin Salvage Redevelopment-McBride Street Site" consisting of seven(7)pages, attached hereto and made a part hereof as Exhibit 1-C. 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-C shall commence as of April 13, 2005 and shall continue through the completion of the project. 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-C 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-C not to exceed $144,050 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." 2. That except as expressly amended herein the terms of the Professional Services Agreement as amended by the Amendment Agreement dated June 9, 2004, and February 23, 2005, between the City and the Consultant dated October 8, 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-C hereto. 3. The changes provided for in this Third Amendment Agreement to the original agreement are germane to the original agreement as signed and this amendment agreement is in the best interests of the City of Elgin and authorized by law. 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. By: By: MA 740",-- Oluf 'folarin John M. Nardozzi City M er Senior Project Manager Attest: City Clerk Neilacon 135 Ambassador Drive Naperville, IL 60540 630.717-4263 F 630.357-9489 March 15, 2005 City of Elgin 150 Dexter Court Elgin, Illinois Attention: Mr. Ray Moller Director of Economic Development and Business Services Telephone#: (847)9316749 Fax#: (847)9315610 RE: Proposal for Construction Oversight Services Elgin Salvage Redevelopment—McBride Street Site 464 McBride Street Site Elgin, Illinois Terracon Proposal No. P050197 Dear Mr. Moller: Terracon Consultants, Inc. (Terracon) is pleased to submit the enclosed scope of work to the City of Elgin to provide construction oversight services related to the redevelopment of the Elgin Salvage Yard—McBride Street Site. Based on the completed bid specifications for demolition and remediation work, Terracon is proposing to provide construction oversight services for this project. The proposed work includes construction administration to monitor the selected contractor's schedule, payment requests, bonds and insurance and other administrative elements of the work. Terracon will also provide construction observation of the asbestos abatement, building demolition, underground storage tank (UST) removal and soil remediation work as generally described in the specifications entitled "Project Manual for Elgin Salvage Yard Redevelopment Program, Bid Release One, Building Demolition and Initial Remediation Activities, McBride Street Site". Included in the proposed scope of work is the collection and analysis of soil samples that will serve to define the limits of the completed soil removal work performed by the Contractor as well as to aid in the on-going site characterization work for the Site Remediation Program. As an attachment to this letter, please find enclosed the following items that address the above referenced tasks: • Exhibit A—Scope of Work for Construction Oversight Services • Exhibit B-Cost Proposal Terracon is submitting these items with the understanding that the terms and conditions for the work will be based on an amendment to the existing contract between the City of Elgin and Terracon dated October 8, 2003. To maintain the project schedule for the Elgin Salvage Yard Redevelopment we are seeking the City's authorization to proceed with this work at the City's March 23, 2005 council meeting, at which time we understand the Council will also consider award of the contract to the lowest responsible bidder. We look forward to any comments or questions you may have regarding the proposed scope of work. Please feel free to contact us at(630)717-4263. Sincerely, Terracon Consultants, Inc. T e . Nard ozzi, P.E. William B. Thayer, P.E. Project Manager Principal Exhibit A City of Elgin Elgin Salvage Yard- McBride Street Site Scope of Work for Construction Oversight Services 1. Construction Administration ✓ Mobilize for the project and arrange a pre-construction meeting with the Contractor and City. ✓ Issue two sets of available technical reports and Project Manual to the Contractor and provide informed interpretation of the plans and specifications for the Contractor. ✓ Coordinate with the Contractor and City personnel. ✓ Attend six project progress and coordination meetings. ✓ Review contractor submittals including bonds and insurance, health and safety plan, project schedule, and schedule of values. ✓ Review and approve Contractor payment requests (max. of 3). ✓ Prepare punch list at substantial completion; issue final completion documentation. For the purpose of this proposal, Terracon assumes that it will be provided access to the existing office area at the Elgin Lumberyard (Siegel's) for its use as a "construction trailer" during the course of the project. 2. Field Oversight/Construction Observation ✓ Provide field oversight of building demolition, asbestos abatement and UST removal and soil remediation as generally described in the plans and specifications. ✓ Serve as the Owner's representative with respect to the work conducted by the Contractor. Observe and verify that the work is performed in general conformance with the intent of the plans and specifications. ✓ 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 the Contractor — document soil removal actions, obtain and review soil manifests, tabulate soil quantities and document removal locations. ✓ Conduct field inspections for the purpose of determining construction progress and substantial completion of the work. Terracon has estimated a total of 58 on-site field days for the project based on the assumption of reasonable production rates by the Contractor for demolition, asbestos abatement, UST removal and soil removal. This estimate is based on the stipulated project schedule of 90 calendar days and assuming that the Contractor works a five day Terracon Consultants, Inc. Proposal No. P050197 week. If the Contractor cannot complete the work within the estimated number of days, or opts to conduct work on Saturdays and Sundays in addition to weekdays, Terracon's estimated costs will be affected and a change order will be required to provide additional oversight services. 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 Petroflag field test kits for total petroleum hydrocarbons), and travel/vehicle expenses. Up to 50 Petroflag tests have been included in the project cost. 3. Confirmation Soil Sampling Terracon will perform field screening and intermediate soil sampling activities to minimize the quantity of impacted soil removed from the site. Confirmation soil sampling will be conducted in accordance with Illinois IEPA Site Remediation Program protocols to confirm attainment of remediation objectives. For the purpose of this proposal, confirmation sampling will be performed at SRA # 2 through SRA # 9. Terracon will evaluate the sampling results and compare to the established site specific clean up objectives to evaluate the attainment of remediation goals. Analytical parameters include a wide range of constituents of concern based on the initial site investigation results. Exhibit B presents the assumed quantity of each laboratory test anticipated for the project. The actual number of samples and the specific analytes may change based on the completion of additional site investigation activity and/or field observations during the construction work. All analytical work based on standard laboratory turnaround time(5 to 7 days). 4. Quality Control Sampling of Imported Fill Material ✓ Conduct environmental assessment activities to verify the source location(s) proposed by the remediation contractor meet the specified requirements for clean 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. Terracon has assumed a maximum of two source locations within 50 miles of site. Each assessment will require no more than one-half day for field sample collection. All analytical work based on standard laboratory turnaround time (5 to 7 days). 5. Regulatory Services and Reporting ✓ Coordinate with IEPA SRP project manger during the course of the remediation effort. ✓ Assess the results of the confirmation sampling data and direct additional remediation efforts as required to meet overall site objectives. ✓ Prepare documentation and "as-built" drawings reflecting the completed soil removal work. Preparation of the Remedial Action Completion Report (RACR) for the site in accordance with outline for Illinois SRP is not anticipated within this scope of work. Exhibit B Table 1 Fee Estimate Construction Oversight for Building Demolition and Remediation Elgin Salvage Yard Redevelopemnt Program McBride Street Site Task No. Description Budget Amount 1 Construction Administration $15,210 2 Field Oversight/Construction Observation $70,460 4 Confirmation Sampling $42,110 5 Quality Control Sampling of Imported Fill Material $7,290 6 Documentation and Regulatory Coordination $8,980 Total Proposed Fee $144,050 Terracon Consultants, Inc. 1 Proposal No. P050197 Exhibit B Table 3 TERRACON ENVIRONMENTAL SERVICES FEE SCHEDULE City of Elgin 2005 PERSONNEL Labor Catenory Billinsi Rate A. Professional Staff 1. Staff Professional $70.00 2. Senior Staff Professional $85.00 3. Project Professional $100.00 4. Senior Project Manager/Professional $130.00 5. Principal $135.00 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 11 $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,shipping Cost+15% charges, rental equipment,outside labor,public transportation, materials,or other contracted services Terracon, Inc. 3 Proposal No. 4403197