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HomeMy WebLinkAbout02-258 Resolution No. 02-258 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH ENSR INTERNATIONAL FOR SITE REMEDIATION AT 35 ANN STREET WHEREAS, the City of Elgin has heretofore entered into a contract with ENSR International for site remediation at 35 Ann Street; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Change Order No. 1, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: July 10, 2002 Adopted: July 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk CHANGE ORDER NO. 1 ORIGINAL CONTRACT: The original contract with ENSR International was dated October 4 , 2001, for services related to the remediation of contamination associated with underground storage tanks at the Public Works Facility at 35 Ann Street . SCOPE: This Change Order will compensate ENSR International for the additional activities required by The Illinois Environmental Protection Agency (IEPA) to complete remediation efforts at the Public Works Facility. REASON FOR CHANGE: The original contract agreement with ENSR provided for activities to satisfy IEPA requirements for initial remediation activities associated with contaminated soils at the Public Works Facility. The agreement included completion and submittal of Office of the Illinois State Fire Marshal (OSFM) Underground Storage Tank (UST) Eligibility forms, creation of an IEPA Budget and Site Classification Work Plan, and completion of the site activities outlined in the approved IEPA Work Plan. During the Work Plan activities of the original contract, it was discovered that ground water at the site was impacted by the contamination. In order to comply with IEPA guidelines, additional borings, soil/water sampling and field man hours were required to complete the task. Based on the analytical results of the samples obtained from these activities, additional work is mandated by IEPA. A brief update letter to IEPA must be prepared, groundwater investigation activities must be preformed, additional boring must be advanced to determine the extent of the contamination in the area, and a Site Classification Completion Report must be formulated and submitted to IEPA for review and approval . STATUATORY BASIS FOR CHANGE ORDER: The circumstances, as explained above, were not reasonably foreseeable at the time the original contract was signed. SUMMARY OF CHANGES AND CONTRACT AMOUNT: The original contract will be revised as follows : Original Contract Amount : $ 4 , 875 Change Order #1 Increase : 15, 832 New Total Contract Amount : 20 , 707 OTHER CONTRACT PROVISIONS : All other contract provisions shall remain in full force and effect . AGREED TO THIS DAY OF JULY, 2002 . ENSR INTERNATIONAL CITY OF ELGIN ByBy r City Ma tig er ager Attest : City Clerk F:\Legal Dept\Agreement\Change Order-ENSR-35 Ann St.doc ENSR International 27755 Diehl Road,Suite 100 Warrenville, IL 60555-3998 (630)836-1700 FAX(630)836-1711 www.ensr.com April 24, 2002 ENSR Proposal No: 09407-T16 (Rev. 1) Mr. Raymond H. Moller Director of Economic Development City of Elgin 150 Dexter Court Elgin, Illinois 60120 SUBJECT: Request for Additional Work Authorization Change Order No. 1 UST Investigation Activities—35 Ann Street, Elgin, Illinois Dear Ray: ENSR is submitting this request for a change order to provide additional budget authorization for the Underground Storage Tank (UST) removal activities at 35 Ann Street, Elgin, Illinois. Item A—Work Completed Through 4/1/02 Based on the Illinois EPA's conditional approval letter (March 15, 2002) of the Site Classification Work Plan, the Agency indicated that additional site investigation activities would be required at the Ann Street UST site if manmade migration pathways were encountered or if groundwater was detected at the site. During ENSR's work activity on March 29, 2002, these conditions were encountered and thus additional work was performed to address the Agency's review comments. The following extra work items were completed: • Twelve (12) total soil borings in lieu of planned investigation of four (4) borings to address potential migration pathways and extend the delineation of soil contamination. One full day of drilling services (8 % hrs) was required on-site. • Laboratory services for BTEX and PNA analysis of eight (8) soil samples and four (4) groundwater samples in lieu of four (4) soil samples. • Additional ENSR field oversight labor - 19 hours in lieu of 10 hours originally estimated. The total additional cost of the above work is $2,89100. A cost breakdown and project cost summary is attached. ® Over 30 Years of Excellence in Environmental Services J:/Proposals/090/City of Elgin-35AnnStUST-C0#1.doc E11�yt� Mr. Raymond H. Moller City of Elgin April 24, 2002 Page 2 Item B — Proposed Additional Work Effort Based on the laboratory results of the work completed on March 29, 2002, the following additional services are expected to be required by the Illinois EPA to complete the Site Classification process: • Prepare a brief update letter to the Illinois EPA with the results obtained to date and a revised budget request for completion of the additional work outlined herein. • Groundwater Investigation — Based on the Agency's comments and the initial groundwater sample results that indicate impacts to the groundwater, ENSR recommends conducting a groundwater investigation consisting of the construction of five (5) groundwater monitoring wells. The wells would be constructed and sampled for BTEX and PNA constituents in accordance with Illinois EPA protocols. The monitoring wells will be surveyed to determine the hydraulic gradient. • Delineation of Soil Contamination — Due to the apparent impacts at the former pump islands, ENSR will advance and sample an additional six (6) soil borings for BTEX and PNAs. • Following the completion of the above work items, a Site Classification Completion Report will be prepared for submittal to the Illinois EPA. Total estimated cost for the above items is $12,941.00. Following the Site Classification steps, a Corrective Action Plan may be necessary to propose a suitable remediation plan if soil and groundwater contamination is documented. This step is a likely outcome based on the information collected to date and the City's plan to redevelop the site for residential use. Costs for the corrective action steps will be estimated at a later date. ASSUMPTIONS The following assumptions are made regarding the activities at this site: • ENSR assumes a site plan will be made available prior to the field activities being initiated and the City will identify any known utilities on the parcels. • ENSR assumes that the City of Elgin will provide suitable access to the job site area. Over 30 Years of Excellence in Environmental Services OL-It® Mr. Raymond H. Moller City of Elgin April 24, 2002 Page 3 • 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 backfilled with the soil cuttings and capped with cement. Waste disposal is not included in the Scope of Work. 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 L/ John M. Nardozzi, P.E. Sr. Regional Program Manager cc: Steve Bone, City of Elgin JMN:jla Over 30 Years of Excellence in Environmental Services CHANGE ORDER NO. 1 ACCEPTANCE OF PROPOSAL NO. 09407-T16 (REV. 1) Attention: John M. Nardozzi, P.E. Dated: April 24, 2002 The above scope of services, project costs and ENSR Commercial Terms and General Conditions are hereby accepted. ENSR is authorized to perform the services as specified below: Item A—Work Completed $ 2,891.00 Item B— Proposed Additional Work $12,941.00 Total Change Order No. 1 $15,832.00 Signature: Name: Title: Client: City of Elgin Date: Over 30 Years of Excellence in Environmental Services (7/97) City of Elgin 35 Ann Street UST Investigation ENSR Project 09407-262,Task 200 I. Original Authorization ENSR Proposal Dated 10/4/01 $4,875 OSFM UST Eligibility Forms Completed per Budget IEPA Budget Plan Completed per Budget Well research Completed per Budget II. Change Order No.1 Item A-Add'I Work Completed Through 4/1/02 Actual Budgeted Add'I Cost Drilling Services-Rock&Soil 81/4 hours on site vs.1/2 Day estimated for original scope $1,859 $825 $1,034 Laboratory-First Environmental 12 Samples,BTEX,PNAs vs.estiamted scope of 4 samples. $1,819 $700 $1,119 ENSR Labor-Field Oversight 19 hrs vs. 10 hrs estimated $1,558 $820 $738 Subtotal-Item A-Add'I Work to Date $2,891 Item B-Additional Work Effort Labor Subs ODCs Total Revised IEPA Budget Plan To obtain approval of LUST Funds $1,311 $0 $25 $1,336 GW Monitoring Wells Five(5)Permanent Wells-2-inch PVC $3,232 $3,300 $615 $7,147 Soil Borings-6 Delineate area of impact Site Classification Compl.Report $3,895 $0 $563 $4,458 Subtotal-Item B-Estimated Additional Work $8,438 $3,300 $1,203 $12,941 TOTAL CHANGE ORDER NO. 1 $15,832 PROJECT COST SUMMARY Original Authorization $4,875 Change Order No.1 115,832 Total Estimated Project Cost $20,707 , r City of Elgin Agenda Item No. June 7, 2002 TO: Mayor and Members of the City Council ECONOMIC GROWTH FROM: Olufemi Folarin, Interim City Manager SUBJECT: Change Orders No. 1 and 2 for Underground Tank Site Remediation located at Public Works Facility, 35 Ann Street PURPOSE The purpose of this memorandum is to provide the Mayor and Members of the City Council with information regarding the remediation of contamination from leaking underground storage tanks at the Public Works Facility at 35 Ann Street . BACKGROUND On February 21, 2001, four underground storage tanks were removed at the Public Works Facility at 35 Ann Street . The presence of odors and discolored soils were observed during the removal operations and the Office of the Illinois State Fire Marshal determined that the site was contaminated. On March 12, 2001, all visible contamination was removed from the tank excavation area and soil samples were taken to determine if the site had been sufficiently remediated. The samples showed that contamination was still present on the south wall of the tank excavation and the Illinois Environmental Protection Agency (IEPA) subsequently mandated that the City perform additional soil borings and sampling to determine the extent of remaining contamination. ENSR International was contracted to perform the required testing at a cost of $4, 875 . It was anticipated that the area of contamination was relatively small . ENSR' s scope of work included four (4) borings, four (4) samples and ten (10) hours of field labor. On March 29, 2001, ENSR conducted the contracted work activity. Field testing of the samples indicated ground water at the site had been impacted and underground utility pathways that could carry contamination were discovered. In order to comply with IEPA guidelines, eight (8) additional borings, four (4) additional soil samples, nine (9) additional hours of field labor and four (4) Underground Tank Site at Public Works Facility June 7, 2002 Page 2 groundwater samples were obtained. The cost of Change Order #1 was $2, 891 . As a result of information obtained from the original ENSR contract and Change Order #1, IEPA guidelines mandate that the following work (Change Order #2) be performed. 1 . An update report detailing the results of the project and a revised budget must be completed and forwarded to IEPA for review and approval . 2 . A groundwater impact investigation, consisting of the construction and subsequent sampling of five (5) monitoring wells, must be conducted. 3 . Six (6) additional soil borings and six (6) soil samples must be obtained in the area of the former pump islands to determine the extent and delineation of contamination. 4 . After reviewing information obtained from the additional field work, a Site Classification Completion Report must be prepared and submitted to IEPA for review and comment . ENSR has quoted a cost of $12, 941 for Change Order #2 . Depending on the information obtained from the Change Order #2 project, a Corrective Action Plan may be required if the City desires to redevelop this property for residential use. Costs for this work are not included in this project . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. NANCIAL IMPACT The 2002 budget includes $25, 000 in account number 630-0000-796 . 30- 71, Risk Management Fund, Professional Services . The account has a current balance of $20, 125 . The total cost of Change Orders #1 and #2 with ENSR is $15, 832 . The account would have a balance of $4 , 184 if Change Orders #1 and #2 were approved. The Office of the Illinois State Fire Marshal has approved reimbursement for costs in excess of $10, 000 in conjunction with the remediation of this site from the Leaking Underground Storage Tank (LUST) Fund. Therefore, a portion of these costs would be eligible for reimbursement under that program. Underground Tank Site at Public Works Facility June 7, 2002 Page 3 LEGAL IMPACT A W/A Change Order will need to be drafted by the Legal Department . ALTERNATIVES Change Orders #1 and #2 are mandated by IEPA. The Change Order #2 Project could be delayed, but would eventually require completion. RECOMMENDATION It is recommended that the City Council approve Change Orders #1 and #2 totaling $15, 832 and proceed with the underground tank site remediation of the Public Works Facility. Respectfully submitted, Olu emi F grin ' Interim ' ty ger /sgb attachments