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Amendment to Professional Services Agreement - Weaver Consultants Group - Seal and Abandon Additional Groundwater Wells at Studebaker Museum
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA AND WEAVER CONSULTANTS GROUP. LLC 1.11110a�.Y�TI .ate I�C� �] XYC���7:� :� ai1C a _ ► is entered into this 28th day of November, 2017, City of South Bend, Indiana a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works, and having its offices at 1316 County -City Building, 227 West Jefferson Boulevard, South Bend, IN 46601 ("City") and Weaver Consultants Group, LLC, an Indiana corporation with its registered office address at 7121 Grape Road, Granger, Indiana 46530 ("Weaver"). WHEREAS, City and Weaver are parties to an agreement entitled "Agreement for Professional Services" made effective March 28, 2017 ("Agreement"); and WHEREAS, this agreement is entered into as the First Amendment to Agreement to modify certain terms and conditions expressed in the Agreement; and NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the parties make this First Amendment to Agreement as follows: (1) Section 2. of the Agreement, shall be and is hereby amended to include an additional payment in the amount of One -Thousand Dollars ($1,000) to seal and abandon an additional three (3) wells. (2) Each and every other provision of the original Agreement is hereby ratified, approved and reaffirmed by the parties and all other matters previously agreed to and set forth in the original Agreement and not affected by this Amendment shall remain in full force and effect. (3) This Amendment may be executed in multiple counterparts, each of which shall be deemed an original. (4) The undersigned person(s) executing and delivering this Amendment on behalf of the Contractor represent and certify that: a. He/she is the duly authorized agent, representative, member or officer of the Contractor and has been fully empowered to execute and deliver this Amendment and that all necessary corporate action has been taken and done; and b. To the best of his/her knowledge, he/she has not, nor has any other member, employee, representative, agent of office of the Contractor, entered into or offered to enter into any combination, collusion or Fe 3 q A ;*Az L,4-tj ow-twmila r. : to) z%Gf «t» t Indiana Department of Ent ironrnutaf [Vianagement We Prore:_-t Hoosier., and Our EFndronmenf. ANrdl 140SAR, 100 II. 5enateAvenue - Indianapolis, W 46204 (800) 451-GGZ7 - (3i7) 732-8603 � vmm,.irierr;.lK' gay Mirhaei R. Pence Carol S. Comer Gomrno,• corandsSIDIFer VIA CERTIFIED MAIL Ibis. Ann Kolata City of South Bend Department of Community Investment 227 West Jefferson Blvd., Ste, 1400 S. South Bend, Indiana 46601 Dear Nis, Kolata: October 25, 2016 9171900005271000523341 Re. No Further Action Approval Determination Pursuant to Remediation Closure Guide Former Studebaker Museum 520 South Lafayette Blvd, South Bend, St. Joseph County, IN FID# 24951 LUST# 200702503 IDEM staff received your No Further Action request for the former Studebaker Museum located at 520 South Lafayette Blvd. in South Bend, Indiana for LUST# 200702503 (the Site). IDEM reviewed the follo�king documents: Recorded Environmental Restrictive Covenant submittal prepared by Weaver Consultants Group dated September 30, 2016 Closure Report Request prepared by Weaver Consultants Group dated K4arch 81 201E The fallowing is a summary of the current conditions at the Site for the sub)ect release: Soil All soil samples collected were below residential direct contact screening levels (SLs) for all chemical constituents. Ground hater — Analytical results for ground water samples were below screening levels except for trichloroethene, which has a residential tap water SL of 5.0 pgll, was detected at 9.5 pgll; benz(a)anthracene, which has a residential tap water SL of 0.12 pgh, was detected at 6.0 pgll; naphthalene, which has a An Equal Oppodunity Employer 0 Pisase Reduce, Rouse, Recycle Asamrhaek V4 Ms. Ann Koiata Page 2 of 3 residential tap water SL of 1.7 µgll, was detected at 56.0 pg/l and total petroleum hydrocarbons C3-C36 with a SL of 266.E pg/i and was detected at 83,000 pgll. Vapor Intrusion - All soil and ground water samples collected were below residential vapor exposure screening levels for all chemical constituents except for trichloroethene which has a vapor exposure screening level of 9.1 pg/i was detected in monitoring well MW-7 at 9,5 pg/I; however the depth to water at this location is greater than twenty (20) feet and would not pose a vapor exposure risk at this depth. The following are additional lines of evidence regarding current conditions at the Site for the subject release. a Most or all of the source was removed Residual contamination is at the depth greater than 20 feet Residual contamination from a petroleum release in the ground water above screening levels is limited to one monitoring well, is in the vicinity of the former UST basin, and should attenuate within five years Current drinking water is provided by municipal water utility • The source of the trichiomethene detected on the property is not located on this property Based on the technical reports reviewed by IDEM and the additional lines of evidence, IDEM concludes that no further response actions are required as lone as the owner abandons the monitoring wells in accordance with 312 IAC 13-10-2 and that you comply with the conditions of this decision. This NFA determination is biased on information known to IDEM at the time of issuance of this letter. if additional information is subsequently obtained by IDEM indicating that the Site poses a risk to human health or the enVironment, IDEM reserves the right to modify or revoke this NFA determination as the situation may warrant. This NFA determination is based on the Remediation Ciosure Guide non -rule policy document (NPD) guidelines and conditions: e Unconditional closure for soil exposure • Conditional closure for ground water exposure • Unconditional closure for vapor intrusion exposure • Recorded Environmental Restrictive Covenant (Enclosed) Notice of Contamination within Wellhead Protection Area sent to the City of South Bend (Enclosed) All wells installed associated with the release at the site must be permanently abandoned in accordance with the Indiana _Department of Natural Resources (IDNR) regulation 312 IAC 13-10-2 (Permanent Abandonment of Wells) and IDE.M's "Driiiing Procedures and Monitoring Well Guidelines Non -rule Policy Document (Waste-0053)". Kim. Ann n I olata Page 3 of 3 i _i Additionally, IDNR regulations require that Well Abandonment Forms be submitted to IDNR. If you are eligible and will be seeking reimbursement from the ELTF for well abandonment activities, IDEM requests that you submit a report within 60 days from receipt of this letter containing the following: Brief summary of activities performed 4 Completed "Record of later Well' State Form 35680 for each well (monitoring and treatment wells) signed by the licensed Well Driller Map showing well identifiers and locations Table including well identifier, depth and diameter Please note that as required by 328 IAC 1-3-1(c) you have nine (9) months to submit all claims for reimbursement of costs from the Excess Liability Trust Fund after the fund qualifying occurrence is granted a status of no further action (NFA) by the administrator. In addition, all, re -submittals associated with any disallowed cost must be received by the department within 12 months after the denial of the claim. If you have any questions, please contact Jill Berry at (31 i) 234-0981 or toll free from within Indiana at (800) 451-602T She may also be reached via email at: Iberr c ,idem, [€�„�qov. Sincerely, f � Timothy E. Veatch, Ghief Leaking underground Storage Tank Section Underground Storage Tank Branch Office of Land Quality (31 l) 234-0980 tveatchgidem. !N oy Enclosures included with IDEM file copy only ecopy:IDEM File Mark Basch, IDNR Division of Dater St. Joseph County Health Department Mr. Edward B. Stefanek, Weaver Consultants Group WEAVER BOOS Soil Probe No.: GP-6/MW-1 File No.: 0058-372-05 CONSULTANTS, LLC Client: City of South Bend, Former Studebaker Museum GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS WATER LEVEL DATA Time Started: jDate of Probe: 10/21/2009 While Drilling (feet) Time Completed: At Completion (feet) Driller: Enviro-Dynamics Monitoring Well _ hours after drilling (feet) Location: 520 S. Lafayette Blvd Information: South Bend, IN 2" well GROUND ELEVATION: 613.77 SAMPLE DATA Elevation: PID RECOVERY MOISTURE DEPTH ft SOIL DESCRIPTION ( m) (0/0) CONTENT 76.56 _ Backfi]UTopsail 1.0 2.0 _ 3.7 100% Dry Granular Bentomte Brown to Dark Brown, fine to medium 3.0 SAND with gravel Seal 4.0 _ 5.0 5' . 6.0 3.3 100% Dry Light brown, tine SAND 7.0 8.0 #75 Global _ 9.0 _ Select Sand _ 10.0 1.7 100% Dry Filter _ Pack 11.0 12.0 13.0 14.0 6 100% Moist 15.0 _ 2-in I.D. PVC = #10 Slot _ Light brown, medium SAND Well 17.0 with gravel Screen 18.0 2.9 100% Wet 19.0 20.0 _ 1 SAND with gravel NOTES: Logged by: Edward B. Stefinek WEAVER BOOS Soi[ProbeNo.: GP-6/MW-I . File No.. 0058-372-05 CONSULTANTS, LLC GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS Client: City of South Bend, Former Studebaker Museum WATER LEVEL DATA Time Started: jDate of Probe: 10/21/2009 While Drilling (feet) Time Completed: At Completion (feet) Driller: Enviro-Dynamics _ hours after drilling (feet) Location: 520 S. Lafayette Blvd South Bend, IN GROUND ELEVATION: 613.77 SAMPLE DATA PID RECOVERY MOISTURE DEPTH f1:) SOIL DESCRIPTION ( m (°/a) CONTENT 21.0 22.0 I5.1 100% Wet 23.0 24.0 Brownish gray, CLAYEY SILT 25.0 26.0 10.6 100% Wet 27.0 28.0 4.6 Brownish gray, fine SAND - EOB @ 28 feet 29.0 30.0 — 31.0 — 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 40.0 ^_ NOTES: Logged by: Edward B. Stepanek WEAVER BOOS Soil Probe No,: GP-7/MW-2 CONSULTANTS, LLC File No.: 0058-372-05 Client: City of South Bend, Former GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS Studebaker Museum WATER LEVEL DATA Time Started: Date of Probe: 10/21/2009 While Drilling (feet) Time Completed: At Completion (feet) Driller: Enviro-Dynamics Monitoring Well hours after drilling (feet) Location: 520 S. Lafayette Blvd Information: _ South Bend, IN 2" well GROUND ELEVATION: 613.77 SAMPLE DATA Elevation: PiD RECOVERY MOISTURE DEPTH ft) SOIL DESCRIPTION ( m (%) CONTENT 76.56 Backfill/Topsoil, Dark Brown SAND 1,0 with gravel 10 0 100% Dry Granular Bentomte 3.0 Seal Brown, medium to coarse SAND 4.0 5.0 6.0 _ 0 100% Dry 7.0 8.0 _ Light brown fine SAND with gravel #5 Global 9.0 Select Sand 10.0 _ _ 0 100% Dry Filter _ Pack 11.0 12.0 110 W.4 0 100% Moist 15.0 _ 2-in I.D. w PVC 16.0 #10 slot _ Well 17.4 Screen 18.0 0 100% Wet = 19.0 20.0 _ --- NOTES: Logged by: Edward B. Stefanek WEAVER BOOS Soil Probe No.: GP»71MW-2 File No.: 0058-372-05 CONSULTANTS, LLC GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS Client: Ciry o South Bend, Former Studebaker Museum WATER LEVEL DATA Time Started: Date of Probe: 10/21/2000 While Drilling (feet) Time Completed: At Completion (feet) Driller, Enviro-Dynamics _ hours after drilling (feet) Location: 520 S. Lafayette Blvd South Bend, IN GROUND ELEVATION: 61.3,77 SAMPLE DATA PID RECOVERY MOISTURE DEPTH ft SOIL DESCRIPTION ( m)(7G) CONTENT. 21.0_ — Black stain 1 I -- 22.0 100% Wet 210 24.0 - 4.6 25.0 26.0 100% Wet 27.0 28.0 _ EOB @ 28' 29.0 30.0 31.0 32.0 33.0 34.0 35.0 36.0 37.0 38.0 39.0 W 40.0 NOTES: Logged by: Edward B. Stefanek WEAVER BOOS Soil Proballo.: GP-1/AIW-3 CONSULTANTS, LLC File No.: 0058-372-05 Client: City of South Bend, Former GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS Studebaker Museum WATER LEVEL DATA Time Started: jDate of Probe: 10/21/2009 While Drilling (feet) Time Completed: At Completion (feet) Driller; Enviro-Dynamics Monitoring Well hours after drilling (feet) Location: 520 S. Lafayette Blvd Information: South Bend, IN 2" well Elevation: GROUND ELEVATION: 613.77 SAMPLE DATA PID RECOVERY MOISTURE DEPTH (ft) SOIL DESCRIPTION ( m) 0/0 CONTENT 76.56 _ BackfiI[/Topsoil, Dark Brown SAND 1.0 with gravel 2.0 0 75% Dry Granular _ Bentonite 3.0 Seal 4.0 _ 5.0 5' 6.0 _ 0 50% Dry 7.0 8.0 _ #5 Global 9.0 _ Select _ Sand 10.0 0 50% Dry Filter _ Pack ILO 12.0 13.0 14.0 0 100% Moist 15.0 _ 2-in I.D. _ PVC -- .......... 16.0 #10 Slot _ Light brown, medium SAND Well\\,k 17.0 Screen 18.0 _ 0 100% wet 19.0 NOTES: Logged by: Edward B. Stefanek WEAVERBOOS Soil Probe No,: GP-1/MW-3 File No.: 0058-372-05 CONSULTANTS, LLC GEO-ENVIRONMENTAL ENGINEERS AND SCIENTISTS Client: City of South Bend, Former Studebaker Museum WATER LEVEL DATA Time Started: Date of Probe: 10/21/2009 While Drilling (feet) Time Completed; At Completion (feet) Driller: Enviro-Dynamics 7 _ hours after drilling (feet) Location: 520 S. Lafayette Blvd _ South Bend, IN GROUND ELEVATION: 613.77 SAMPLE DATA PID RECOVERY MOISTURE DEPTH ft SOIL DESCRIPTION m) (IN CONTENT Coarse SAND with gravel 21.0 _ - 22.0 100% Wet Gray SILT _ 23.0 24.0 Gray CLAYEY SILT 25.0 - 26.0 100% Wet 27.0 28.0 Gray SILT with thin seams of silty sand 29.0 30.0 100% Wet 'a1,0 32.0 Gray SILTY SAND 33.0 34.0 100% Wet Light Brown coarse SAND with gravel 35.0 36.0 EOB 36 feet 37.0 38.0 39.0 40.0 u NOTES: Logged by: Edward B. Stefanek 3 o a �s :. ........................ :;..: ........_..., U Q W W ODE 0.' O O b o q p O O d Ef o 0 0 o O O o 0 6 o O F' PO 3 H of .a o a m v e vi V a A v, rn c� n ao a On a �¢� W �I,I�iiI�1�I�I�I�I��I�I�IE131�1E1�1�1� Cp o o p rn O O O O o 0 0 o q pa tl N • o�'S3Q Q V � W � •� +o O �.�id6l � 0 0 o n n ca a o 0 0 0 0 0 o a o A - O - [Y ... . o N a •• U y � a n n a qq. qn r. a n n FY A a a b O O N N a IWy w R T. FAI o b � � M � "'•ci' � � � a� 3 � � a � o � � o cr ......................................... :.:.... 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