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Home My WebLink AboutAmendment Request No 1: Environemental Consulting Services State Street Parking Lot /33 /3 DUNE 26, 2018 18-333 RESOLUTION (CARRIED 6-0 LOST LAID OVER WITHDRAWN PURPOSE: APPROVE AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH AECOM FOR ENVIRONMENTAL CONSULTING SERVICES; STATE STREET PARKING LOT (+$8,500) INITIATED BY: COMMUNITY DEVELOPMENT BE IT RESOLVED by the Common Council of the City of Oshkosh that an amendment to the professional service agreement with AECOM is hereby approved to provide environmental support services associated with additional site investigation for the State Street parking lot in the amount of $8,500 and the proper City officials are authorized and directed to enter into an appropriate agreement for purposes of same and to take those steps necessary to implement the terms and conditions of the agreement as amended. BE IT FURTHER RESLOVED that money for this purpose is hereby appropriated from: Acct. No. 514-1040-7216 TIF #30 Washington Building Redevelopment AECOMImagine it. xscom De|ivered. 55a North Main Street Oshkosh,W|54001 aecom,com June 5`2U18 AECOKU Project No. 60518697 Mr.Allen Davis Director of Community Development City ofOshkosh � 215 Church Avenue PO Box 118O � Oshkosh,Wisconsin 548U3-113O � � Amendment Request No. 1for Environmental Consulting Services Related to the State Street Parking Lot VPLE Site � Located atVState Street, Oshkosh,Wisconsin Dear Mr. Davis, � AECOM Technical Services, Inc. (AECOM)is pleased to provide this amendment for environmental support services related to additional investigation at the State Street Parking Lot site, located at 0 State Street in the City ofOshkosh, � Wisconsin (Site);AECOW1 proposal number OPP-GO4363.dated April 25. 2O1Y. � To facilitate the property transaction and site redevelopment ed the State Street Parking Lot the City of Oshkosh(City) � is requesting Certificate of Closure(COC)for the Site via the Wisconsin Department of Natural Resources(WDNR) � Department of Remediation and Redevelopment Voluntary Party Liability Exemption(VPLE)Program. � Pursuant to case closure,AECOM has submitted, on behalf of the City,the Site Investigation Report(dated January 4, 2018)and Construction Documentation Report(dated January 19, 2018)to the WDNR for review and approval. � The WDNR has completed its review of the submitted Site Investigation Report. Email response from Mr. Kevin McKnight with the VVDNRdated yNomh 28. 2018. indicated additional site investigation was required ot the Site. Additional investigation requirements outlined in K4: McKnight'eemai|are summarized below: w Resampling of groundwater required-potential path is to resample at SB-3 location, if clean, no groundwater issue, if contamination present, additional work required. Recommend submittal of work plan, ° Determine if power transformer location on north east side of site ever had potential PCB oil use. If yes orifno documentation,sample soil for PCBs. ° Sample shallow soils for PAHm' metals and VOCmwithin soil fill. Samples Vobetaken across site. To address the WDNR's request for additional information about potential PCBs at the site,AECOM contacted Wisconsin Public Service (WPS)in March 2018 regarding the aforementioned power transformer.According to WPS, the transformer did NOT contain PCBs and was|n good condition at the time of removal (o.g.damage and/or leaking was not observed).The pole-mounted transformer was replaced with a new, non-PCB pad-mounted transformer.The new transformer was manufactured on September 1, 2016 and installed at 105 Washington Avenue(north-adjacent to the Site)on October 24.2O1G. The WDNR concurred with AECOM's assessment of the transformer and no sampling was required. � To address the required additional site investigation requested by the WDNR as described in Mr. McKnight's email, AECOM has developed the scope of work for environmental support services associated with the additional � investigation activities. The additional scope of work includes, but io not limited to,the following: � w Develop and submit a work plan outlining the procedures for completing site investigation activities.The work | plan was submitted via email on March 28. 2O18 for VVDNRreview. ° Communications with VVDNR regarding the additional site investigation work plan and reporting requirements. The VVONR approved the work plan on April U^ 2O18 ° Coordination of subcontractors needed to complete additional site investigation and quantify results(Pace Analytical, On-Site Environmental Services Inc., utility locators,etu.). wm,m oameumoo-CmmrnAonl 10-CLIENT oowru^oT\6001ony7-A*°vumem for Additional Scope 1.uovx 1w Imagine it, ~ Completion of site investigation outlined inthe aforementioned work plan.The approved scope of services included advancing four(4)soil borings ho depths approximately 4 feet bdowgmundaurfaoa(bge)-o composite sample of shallow fill soils was collected from each of the boring locations and was submitted for ` laboratory analysis of PAHs, metals and VOCs.The soil boring positioned near previous boring location SB-3 was then advanced to 15 feet bgs for installation of a groundwater monitoring well.The monitoring well was constructed in accordance with oh. NR 141 standards.After AECOM developed the monitoring well, o groundwater sample was collected and submitted for laboratory analysis of PAHs. ° Field work associated with the approved investigation activities(summarized above)were completed by AECOM ' personnel between April 25.2O18 and May i7. 2Oi8. ° Update previously submitted site investigation documentation (report text,figures and tables)with results and � findings of additional investigation activities, Submit updated documentation for review and approval. � ° Prepare and/or update final case closure documentation (including reports,figures and tables)describing site � location and history, site investigation activities and findings, remedial actions taken at the site, site | redevelopment,etc.with the additional site investigation results.Submit updated documentation and request for � final case closure toVVDNR for review and approval. � To remain in accordance with the approved site-specific Soil and Groundwater Management Plan (AECOM, June 9, � 2017)petroleum impacted soils encountered during additional investigation activities on April 25,2018 were � containerized in a 55-gallon drum for off-site disposal.The containerized impacted soils drum is currently located at ' � the Site. In this� . � Agreement(below). By authorizing this change order,the City of Oshkosh will be authorizing AECOM to act as the � authorized agent for the City of Oshkosh regarding the completion of the waste profiles and transportation manifests / required for off-site disposal of containerized materials. � AGENCY AGREEMENT Authority to Act as Agent for COMPANY � Pursuant to the terms and conditions of the Master Service Agreement for Services provided by AECOM Technical Services, Inc. (hereinafter''C0NTRACTUR^)for the City of Oshkosh(hereinafter''COMPANY'').dated April 2OOO. � (hereinafter referred to as the"Agreement"or the"MSA"),which Agreement is incorporated herein by this reference � between CONTRACTOR and COMPANY. COMPANY hereby authorizes CONTRACTOR to act as its agent for the purpose of arranging for the transport and/or disposal of waste("Services")encountered while providing the services described in CONTRACTOR'S proposal number OPP-604363, dated April 25,2017,when the DESCRIPTION OF WORK of a specific Request for Services (''RFS^)aostates. COMPANY shall defend, indemnify and hold CONTRACTOR, its employees,agents and subcontractors harmless against any claim, actions, causes of action, liability,judgments,fines, penalties and costs reasonably incurred which arise out of CONTRACTOR's actions within the scope of its authorization as agent for COMPANY for Services in accordance with the MSA, except to the extent such claims, actions, causes of action, liability,judgments,fines, penalties and costs arise out of CONTRACTOR's negligence, breach of contract,or willful misconduct which in whole or|n part caused the damage, injury orloss. CONTRACTOR shall defend, indemnify and hold COMPANY, its officers, directors and employees harmless against any claims, actions, causes of action, liability,judgments,fines, penalties and costs reasonably incurred which arise out of CONTRACTOR's negligence, breach of contract or willful misconduct. For transport and disposal activities undertaken by CONTRACTOR in accordance with this Agreement, it is agreed that CONTRACTOR shall under no circumstances be considered the generator of any Waste from the project site pursuant ho any environmental or other law urregulation. |tia further agreed that nothing |n this authorization is intended to transfer or convey ownership uf such Waste 0o the CONTRACTOR. K:NProjectsk60518697 State Street Phase now 0-CLIENT CowfnAurwoa1uoe7-Amonument for Additional Scope 1.aoex 2/4 Imagine it, Budget and Schedule � This Agreement is intended for use asageneral account change order for additional environmental support services | provided to the City of Oshkosh Department of Community Development relating to the State Street Parking Lot site. � Based upon the scope of services outlined above,the estimated budget for this change order to provide � environmental support services associated with additional site investigation requested by the WDNR at the Site is $8,500 for amended total of$78,500.The services will be provided on a time and materials basis and will be performed in accordance with the negotiated Fee Schedule and the conditions of the 2009 City of Oshkosh Negotiated General Conditions of Service,which are expressly incorporated into, and are an integral part of, our � contract for professional services.AECOM can begin providing these services immediately upon receipt of the signed Authorization Form (attaohed). If you have any questions or need to clarify a point, please contact Mr.Andrew Mott at 920-236-6713 or via email at AndreoxMott@eenom.cmm. Yours sincerely, AECOM Technical Services, Inc. 41 oAndjrew G. P.G, CPG KevnLBrehm Senior Project Manager Associate Vice President enclosures: Authorization CONTRAC-R60518697-Amendment for Additional Scope 1.docx 3/4 � � � � ' � � Irnagine it, Authorization | hereby certify that the necessary provisions have been made to pay the liability,which will accrue under this contract. I hereby authorize AECOM to proceed with the scope of work outlined in Amendment 1, to amend AECOM's proposal OPP-604363 dated April 25, 2017,with an original budget authorization of$70,000 for the environmental support associated with additional investigation activities occurring at the Site for the City of Oshkosh Department of Community Development, with a revised budget authorization of$78,500 under the general terms and conditions specified in the proposal. ~'o^~~'~~ °uu` Mark A. Rohh# -Print Narne City Manager Signature Date Pamela K. Ubh0 Print Name City Clerk 4nization \��I�U�e `�_/ � — ' Date Lynn A. Lor neon Vriri Name City Attorney S;tgn�ature' D a t e' TmnuLanmn Print Name Director ofFinance