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HomeMy WebLinkAbout21-107 Resolution No. 21-107 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 2 WITH RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC. F/K/A O'BRIEN& GERE, INC. OF NORTH AMERICA FOR THE ENVIRONMENTAL REMEDIATION OF CITY OF ELGIN PROPERTY AT 40 ANN STREET,ELGIN, ILLINOIS WHEREAS,the City of Elgin has heretofore entered into a contract with Ramboll Americas Integrated Solutions,Inc.f/k/a O'Brien&Gere,Inc.of North America for environmental remediation of City of Elgin property at 40 Ann Street, Elgin, Illinois; and WHEREAS,it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2 attached hereto. NOW, THEREFORE, 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 BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that Richard G.Kozal,City Manager,be and is hereby authorized and directed to execute Change Order No. 2, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: July 28, 2021 Adopted: July 28, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk i r City of Elgin Change Order CHANGE ORDER No. 2 PROJECT: Environmental remediation of City of Elgin property at 40 Ann Street, Elgin, Illinois CONTRACT: August 26, 2020 Agreement between the City of Elgin and O'Brien & Gere, Inc. of North America,part of Ramboll and its affiliates, ("Consultant') for environmental remediation services including 40 Ann Street, Elgin, IL. SCOPE: Provide for additional soil remediation services for the city-owned property at 40 Ann Street, Elgin, IL,pursuant to the Consultant's proposal dated April 28, 2021, attached hereto as Exhibit A. REASONS FOR CHANGE: Additional contaminated soils were encountered beyond the anticipated limits of excavation in a remediation area at the southerly portion of the subject property and an area ad- jacent to the Ann Street right-of-way. Additional excavation and removal of these contaminated soils is appropriate. • The circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed • The change is germane to the original contract as signed • The change order is in the best interests of the City of Elgin and authorized by law SUMMARY OF CHANGES IN CONTRACT AMOUNT: The cost of the contract is being increased pursuant to this Change Order No. 2 as follows: ORIGINAL CONTRACT AMOUNT: 1 275 195.00 CHANGE ORDER NO. 1 $55,828.00 CHANGE ORDER NO. 2 Additional remediation services $122,590.00 TOTAL FOR CHANGE ORDER NO. 2: ADD $122,590.00 TOTAL REVISED CONTRACT AMOUNT: $1,453,613.00 The original amount of the contract with O'Brien & Gere, Inc. of North America Inc. is $1,275,195.00. Change Order No. 1 dated December 16, 2020, added$55,828.00 to the amount of the contract. Change Order No. 2 totaling $122,590.00 will increase the original contract amount by a total of$122,590.00, that sum representing a 9.6 percent increase of the original contract amount. The new contract amount, inclusive of all change orders is$1,453,613.00. SCHEDULE: Consultant will conduct the additional work authorized pursuant to this Change Order No. 2 within six weeks after receipt of authorization to proceed, weather permitting. OTHER CONTRACT PROVISIONS: All other contract provisions of the original contract dated Au- gust 26,2020, as previously amended by Change Order No. 1, remain the same. CHANGE ORDER No. 2 Agreed to this 28th day of July, 2021. Accepted by: RAMBOLL AMERICAS INTEGRATED SOLUTIONS,INC,tka O'BRIEN& GERE,INC. OF NORTH AMERICA By: John M. Nardozzi Title: Senior Managing Engineer Date: July 19, 2021 Signature: W. Approved by: CITY OF ELGIN By: Richard G. Kozal Title: City Manager Date: July 28 Signature: FALegal Dept\Agreement\O'Brien&Gere Engineers-Change Order No.2-40 Ann St-7-16-21.docx EXHIBIT A ENVIRONMENT & HEALTH Mr. William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Via email: cogley w@citvofelain.org Request for Change Order No. 2 — Additional Soil Remediation Services Former Elgin Public Works Yard— 40 Ann Street Dear Mr. Cogley: April 28,2021 Ramboll Americas Integrated Solutions, Inc., fka O'Brien & Gere Inc. of North America, (Ramboll) is submitting this Change Order Request to provide for Ramboll additional soil remediation services at the above referenced site. 333 W. Wacker Drive Suite 2700 BACKGROUND Chicago, IL60606 USA ELGIN PUBLIC WORKS YARD — 40 ANN STREET T 312-288-3800 Of the six Soil Remediation Areas (SRAs) on the site, all six have been excavated www.ramboll.com to the originally planned limits or further; including expansion of SRAs #4 and #5 associated with Change Order #1. Under Ramboll's existing contract with the City of Elgin dated August 16, 2020, soil remediation services at the 40 Ann Street site Ref. 1950100024/63429 that were initiated in late August 2020 have proceeded such that the authorized soil remediation quantities have been reached. Please refer to Exhibit B, where the completed excavation areas are shown in blue shading. However, based on the last completed confirmation soil samples, one soil sample did not meet the remediation objectives. The single failed sample occurs at SRA4- EW-098 as shown on Exhibit B, and is situated between SRA#4 and SRA#5. Full attainment of the remedial objectives for the site will require the removal of additional impacted soils in this area of the site and based on observed site conditions it is considered necessary to remove the soil between SRA#4 and SRA#5. Exhibit B shows this additional excavation area in yellow shading. Further, in consultation with the City, it is noted that the confirmation samples along the southeast boundary of the site indicate that further contamination is present in the right-of-way of Ann Street. This area is not part of the defined Site Remediation boundary per the original contract limits; however, removal of impacted soils in this area is considered appropriate to facilitate future site redevelopment. This area comprises a triangular shaped area between the westerly end of Ann Street and the diagonally sloping property line of the Site (orange shading on Exhibit B). The current set of confirmation sample data supports the conclusion that further remediation is warranted. At present, a total of six samples (SRA4-EW-093, SRA4- EW-094, SRA4-EW-095, SRA4-EW-089, SRA4-EW-061 and SRA4-EW-097) are 1/4 CO#2-Elgin 40 Ann Street Addl Remediation.docx m above the soil remediation objectives. Extending the soil remediation to include this triangular shaped area enable the remediation objectives to be attained without the introduction of any additional site use restrictions, engineered barriers, or other controls which could impact the redevelopment plans for the site. Further, the completion of this area will eliminate the need to return to this area in the event future redevelopment activities impact this area. In consultation with Ramboll's remediation subcontractor, Stiles, Inc. the following issues are impacting the cost to complete the goals of the project: • An additional site mobilization is required by the contractor to perform the remediation work. • Fencing will be needed to protect the excavation area, especially since it is in the immediate area of the existing bike path. • Waste disposal costs have increased significantly since the project was originally bid in March 2020. Stiles has recommended a change in the landfill (previously Orchard Hills Landfill in Davis Junction, IL; proposed Winnebago County landfill owned by Waste Connections). During 2020, the Orchard Hills facility was acquired by Waste Management from Advanced Disposal. Waste Management allowed the landfill to accept the soils from this project through 2020, but will no longer accept waste at the same disposal rate in 2021. To mitigate that cost increase, the change to the Winnebago County facility is the recommended option. • Backfill costs have increased by 20%. • Although asphalt costs have also increased for 2021, Ramboll can absorb the material cost for replacement of the bike path within the existing budget. The maximum replacement area is now evaluated to be 125 LF. To proceed with the remediation and meet the City's objectives for minimal restrictions on the property, Ramboll proposes this Change Order #2 to provide funding for additional soil remediation services. SCOPE OF SERVICES Ramboll will perform the following additional remediation services at the site: • Remobilization to the site; installation of safety fencing around the work area. • Advance the excavation between SRA#4 and SRA#5 to eliminate contamination that exists in this region. Located north of the property boundary and the bike path, the east-west limits of the excavation will be defined by previous wall samples collected within SRA#4 and SRA#5. This will effectively conjoin these two SRAs in which clean perimeter samples have been obtained and currently is occupied by clean aggregate stone backfill. Expected depth of excavation is between 8-10 feet with an area of approximately 1,700 square feet. This additional excavation area is within the property boundary of 40 Ann Street. The target area is depicted in Exhibit B as the yellow shaded area. The estimated additional work quantities are as follows: — 1,100 tons of impacted soil for removal and landfill disposal — 1,175 tons of CA-6 backfill — 40 CY of clean topsoil for restoration • Continue the excavation from Change Order #1 to pursue impacted soils just outside the property boundaries of the 40 Ann Street parcel. This region is the City of Elgin's property associated with the Ann Street right of way and includes part of the bike path. Forming a triangle region as depicted in Exhibit B, the area is approximately 800 square feet and located southeast of the property boundaries and north of 2/4 CO#2-Elgin 40 Ann Street Addl Remediation.docx the Gail Borden Library. Expected depth of excavation is between 8-10 feet and will link to the other excavated portions of 40 Ann Street at the property boundaries. The estimated additional work quantities are as follows: - 550 tons of impacted soil for removal and landfill disposal - 575 tons of CA-6 backfill - 20 CY of clean topsoil for restoration • Oversight corresponding to additional work, Ramboll personnel will be present during excavation to continue field management of subcontractors, coordination of utility clearance and sample collection for up to 5 additional days of service. • Additional soil samples will be required for the expanded excavation area. Ramboll anticipates 15 samples will be required to confirm attainment of soil remediation objectives. Existing budget is available for this laboratory work. SCHEDULE Ramboll will conduct the work within 6 weeks after receipt of authorization to proceed, weather permitting. If this proposal meets with your approval, work may be initiated by returning a signed copy of the attached Service Order. BUDGET CHANGE Ramboll proposes to complete the additional soil remediation work as described herein on a time and materials/unit cost basis with a Change Order amount not-to-exceed $122,590.00. The Change Order includes our subcontractor's costs, Ramboll's professional labor costs, travel and direct expenses required to complete this scope of work. The proposed additional work is estimated as follows and is broken down in more detail on Attachment 1: Task No. Task Description Estimated Effort Estimated Cost (hours) CO-2.1 Subcontractor Costs -Additional Services $108,850 ------- ---------------- -_, ----- ------- .... _. ---------------- ._-___ CO-2 2 Ramboll Oversight and Coordination 86 $11,890 -- -___- ---- _ ---_.- CO-2.3 Other Direct Costs- Vehicles, Field Equip, Per Diem $1,850 Total 86 $122,590 The fee estimates are based on the project assumptions stated herein. All unit rates for subcontract work will be held the same as the original contract and Ramboll will maintain the same labor rates through June 20, 2021. Services will be performed in accordance with the terms and conditions of the Agreement between Ramboll Americas Integrated Solutions, Inc. (formerly O'Brien & Gere Inc. of North America) and the City of Elgin dated August 26, 2020. 3/4 C0#2-Elgin 40 Ann Street Addl Remediation.docx - We appreciate the opportunity to provide this proposal and look forward completing this project to meet the objectives of the City of Elgin. Please feel free to contact the undersigned at 630-881-7226 or via email at John.NardozziCdramboll.com, if you have any questions regarding this proposal. Sincerely, RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. AA 'NA- A rnior . Nardozzi, PE anaging Engineer D+1 773-796-4601 M+1 630-881-7226 iohn.nardozziaramboll.com Attachments: Exhibit B - Location of Additional Soil Remediation Change Order #2 Attachment 1 - Cost Summary 4/4 C0#2-Elgin 40 Ann Street Addl Remediation.docx ADDITIONAL REMEDIATION AREA 1 g]ADDITIONAL REMEDIATION AREA 2 CM WORK COMPLETED t POST EXCAVATION SAMPLING LOCATIONS ® EXCAVATION BOTTOM ® EXCAVATION WALL a ■ RESAMPLE Q SAMPLE ACHIEVED REMEDIATION OBJECTIVE 6 • SAMPLE FAILED REMEDIATION OBJECTIVE S ■ SAMPLE FAILED SOIL COMPONENT 40 ANN STREET PROPERTY BOUNDARY L— (SURVEYED) +�a � SRAS-EW-101 1,700 FT2 _ SRAS EB-023 3� a �` SRAS-EW-100 n \ SRAS-EW-046 SRA5{B-050 SRA4{W-056 .Z SRAO=E A SRA4-EW-059R SRA5�B-025 ` J l SRA4-E W-059 SRAS-EB-050 SRA 5 SRA4-EB-030 1 SRAs-EW-0aS SRAd EB-031 SRA4{B-032 8-10 FT SRASEB-024 SRAS{W-081 jj -k; SRA4{B-032H� SRAS{B-024R ` \ SRAS-EW-065 SRA4{W-058 -� SRA4{W-098 SRAS{B-028 ` ',SRAd-EB-033 _, SRAS-EW443* SRAS-EB-021 � SRAS{a Vf151"" SRA4-EB436 SRA4{B-037 ' �j )�SRAa-EB-037R'' 'SRAd-EB-062 0 10 20 / I -J Feet SRA4-EW-061 �_ SRA4-EB-061 SRAS-EW-044 SRAS{W-052 "-'� '"3RA 4 SRA4{w-064 SRA4-EW-097i ;'�. ;:_,•_X SRAd{B-029 : �".�- :. -m- —-—————————— __�___ ER sRA4-EB-035WJ ! SRA4-EI3 4 SOIL ATOIORDAREA2 SRA4{B-029R SRA4{W-089 BIKE PATH ADDITIONAL S sRA41W-0641 8-10 FT SRA4-EB-034R -/SRA4-EW-054 SRA4{W-088 : SRA4{W-096 / 4SRA4�w-osz AaEwa6a.� AREA 2 % \\ 800 FT2 � 4 SRAd EW-053 SRA4{8-058 SRA4{W-063R \ CITY OF ELGIN gSRA4-EB-060 gSRA4-Ew-09a FORMER PUBLIC WORKS YARD SRa4{g-063# SRA4-Ew-053R J ANN STREET =- „-v .. .._. 35-40 ANN STREET \ x SRA4-EB-0Sfi sRAa-Ea-0s9\ ELGIN,KANE COUNTY.ILLINOIS SRAd-EW-099(� o \ SRA4{W-093 C' CYO SRA4-EW-090 ...K c.. SRAd-EB-057 Q SRA4 ( -EW-095 \ EXHIBIT B ___—______ �___—_—— SRA4{W-091 RA . 12 \ Sd EW-092 e^ i l z CHANGE ORDER TO PROFESSIONAL SERVICES AGREEMENT Change Order No.: 2 Date: April 28, 2021 Project No.: 1950100024 Proposal No.: 63429 This Service Order to Professional Services Agreement is by and between: Ramboll Americas Integrated Solutions, Inc. City of Elgin fka O'Brien &Gere Inc. of NA 333 West Wacker Drive, Suite 2700 150 Dexter Court Chicago, IL 60606 and Elgin, IL 60120 Telephone: 630 881-7226 Telephone: 847 931 5659 Co le W cit ofel in.or "RAMBOLL" "CLIENT" Project Title: Change Order#2-40 Ann Street-Additional Soil Remediation Scope of Work: Conduct additional soil remediation in southwest portion of site in accordance with Change Order#2 dated 4/28/2021. Summary of Changes in Contract Amount: The cost of the contract is being increased pursuant to this Change Order#2 as follows: Original Contract Amount: $1,275,194.00 Net Previous Changes: $55,828,00 Contract Change Order#2 $122,590.00 Revised Contract Amount: $1,453,612.00 Schedule: Ramboll will conduct the additional work authorized pursuant to this Change Order#2 within six weeks after receipt of authorization to proceed, weather permitting. The Scope of Work, Estimated Budget, and Schedule described above and authorized by this Change Order will be performed in accordance with the terms and conditions contained in the Agreement between Ramboll Americas Integrated Solutions, Inc. (fka O'Brien & Gere Inc. of North America) and CLIENT dated: August 26, 2020. .Agreed to by: RAMBOLL AMERICAS INTEGRATED .CITY OF ELGIN (CLIENT) SOLUTIONS, INC. g ature Date Signature Date Joh M. Nardozzi 4/28/2021 N Oe Name Senior Managing Engineer Title Title • -SUMMARY OF aCOSI CLIENT:City of Elgin 4/28/2021 PROJECT DESCRIPTION:Change Order#2-40 Ann Street-Additional Soil Remediation PROJECT/PROPOSAL: 1950100024/63429 RAMBOLL PROJECT MANAGER:J.Nardozzi Task Number: Change Order#2 Task Description: Additional Soil Remediation TOTAL PERSONNEL Rate Project Manager 2 Hours 12 12 .........................__._....._ .._...__.. _.. ... l.Nard..i $198 Costs 2376 $2,376 Engineer 3 Hours 22 22 R.Woodruff $130 Costs 2860 $2,860 Engineer 2 Hours 52 52 A.Barb— $115 Costs 5980 $5,980 Hours 86 86 SUBTOTAL LABOR Costs $11,216 $11,216 Administrative 6.0% Fee $673 $673 SUBTOTAL LABOR WITH ADMINISTRATIVE $11,890 1,890 CLIENT:City of Elgin PROJECT/PROPOSAL: 1950100024/63429 Task Number: Change Order#2 Task Description: Additional Soil Remediation TOTAL G W Sampling Supplies $0 $0 Field Equipment(PID,Sampling,GPS) $860 $860 PPE Supplies $300 $300 Vehicles/Mileage $530 $530 BTOTAL EXPENSE$ REBILLABLES Lodging $0 $0 Meals $0 Sp Travel(Air,Train,Bus,Cab) $o $0 Safety Audit $0 $0 Rental Vehicles LO 5.0%Fee $0 $0 Sub Total _ $0 _ _$0 Per Diem:Meals&Expenses(GSA Overnig GSA Rates:W No Fee $160 $160 Per Diem:Meals&Expenses(GSA Day Rat GSA Rates: No Fee $0 $0 .. ...._.......__ .._.._..._._�_.._.._.._..._......_...............-...................................... Sub Total $160 $160 Misc.Proj.Materials/Supplies(shipping) ......_........_._....._._....._._....._._....._._........_........_................._........_._....._._....._._. 10.0%Fee $0 $0 Sub Total $0 $0 SUBTOTAL REBILLABLES $160 SUBCONTRACT SERVICES o t Per Laboratory Analytical Services number of samples Sample Soil Confirmation Samples-40 Ann Street 12 48 Hr TAT Budget Avail. $0 TPH Soil Samples-40 Ann Street 48 Hr TAT Budget Avail. $0 $0 $0 $0 So Analytical Subtotal 0 0 $0 $0 Soil RemedloWn Subcontractor Stiles,Inc. 40 Ann St:Add'I Soil Rem. $98,955 $98,955 $o $0 $0 $0 SUBCONSULTANTSERVICES $0 $0 $0 $o Subtotal $98,955 $98,955 Administrative Fee 10.0%Fee $9,896 $9,896 SUBTOTAL SUB.SERVICES 51 $108,851 "; $122,590 r«r sum,.ry