HomeMy WebLinkAbout21-111 Resolution No. 2 1-111
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH RAMBOLL AMERICAS
INTEGRATED SOLUTIONS, INC. F/K/A O'BRIEN&GERE, INC. OF NORTH AMERICA
FOR PROFESSIONAL SERVICES IN CONNECTION WITH ENVIRONMENTAL
INVESTIGATIONS RELATING TO A FORMER LEAKING UNDERGROUND STORAGE
TANK AT 1010 WING STREET, ELGIN, ILLINOIS
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, and Kimberly A. Dewis, City Clerk, be and are
hereby authorized and directed to execute an Agreement on behalf of the City of Elgin with Ramboll
Americas Integrated Solutions,Inc.,f/k/a O'Brien&Gere,Inc. of North America, for professional
services in connection with environmental investigations relating to a former leaking underground
storage tank at the City owned Wing Park property at 1010 Wing Street, Elgin, Illinois, a copy of
which is attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: August 11, 2021
Adopted: August 11, 2021
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this l lth day of August, 2021,by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as
"CITY") and Ramboll Americas Integrated Solutions, Inc., f/k/a O'Brien&Gere, Inc. of North
America(hereinafter referred to as "CONSULTANT").
WHEREAS,the CITY desires to engage the CONSULTANT to furnish certain professional
services for environmental investigations relating to a former leaking underground storage tank at
the City owned Wing Park property at 1010 Wing Street, Elgin, Illinois(hereinafter referred to as
the"PROJECT"); and
WHEREAS,the CONSULTANT represents that it is in compliance with Illinois Statutes
relating to professional registration of individuals and has the necessary expertise and experience to
furnish such services upon the terms and conditions set forth herein below.
NOW,THEREFORE,it is hereby agreed by and between the CITY and the CONSULTANT
that the CITY does hereby retain the CONSULTANT for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of which is hereby acknowledged to
perform the services relating to the PROJECT as described herein,subj ect to the followingterms and
conditions and stipulations,to-wit:
1. SCOPE OF SERVICES
A. All work hereunder shall be performed under the direction of the Corporation
Counsel of the CITY,herein after referred to as the"DIRECTOR".
B. The CONSULTANT shall provide the environmental services relating to the
former underground leaking storage tank at the City owned Wing Park property at
1010 Wing Street, Elgin, Illinois, as outlined in the CONSULTANT's proposal
therefore dated February 8, 2021, attached hereto and made a part hereof as
Attachment A. In the event of any conflict between the terms of this agreement
and Attachment A, the terms of this agreement shall supersede and control.
C. The CONSULTANT agrees to correct or re-perform,without additional cost to the
CITY,any Service not performed in accordance with the professional standard of
care prevailing at the time and in the place where such Service is performed.
2. SCHEDULE
The CONSULTANT shall initiate PROJECT activities upon written authorization from the
CITY to proceed. The CONSULTANT will complete the services in a timely fashion based
on a mutually acceptable schedule to ensure progress is made on the site. The estimated time
for completion,dependent on laboratory turnaround time,is approximately eight weeks.
Neither party shall be liable for loss or damage suffered by the other as a result of any
failure or delay in the performance of its obligations under the Agreement caused by a
Force Majeure event or circumstance beyond its reasonable control.The party relying on
this provision shall give prompt notice to the other party of the event or circumstance and
shall take all reasonable steps to resume performance at the earliest possible date. In the
event of a Force Majeure,the time for performance of Services shall be extended by the
number of days from the date notice is given until performance is able to be resumed
3. WORK PRODUCT
All work product prepared by the CONSULTANT pursuant hereto including,but not limited
to,reports,plans,designs,calculations,work drawings,studies,photographs,models and
recommendations shall be the property of the CITY and shall be delivered to the CITY upon
request of the DIRECTOR;provided,however,that the CONSULTANT mayretain copies of
such work product for its records. CONSULTANT's execution of this Agreement shall
constitute CONSULTANT's conveyance and assignment of all right, title and interest,
including but not limited to any copyright interest,by the CONSULTANT to the CITY of all
such work product prepared by the CONSULTANT pursuant to this Agreement. The CITY
shall have the right either on its own or through such other consultants as determined by the
CITY to utilize and/or amend such work product. Any such amendment to such work
product shall be at the sole risk of the CITY. Such work product is not intended or
represented to be suitable for reuse by the CITY on any extension to the PROJECT oron any
other project,and such reuse shall be at the sole risk of the CITY without liability or legal
exposure to the CONSULTANT.
4. PAYMENTS TO THE CONSULTANT
A. The CITY shall reimburse the CONSULTANT for services provided under this
Agreement on a time and materials basis with a total fee not to exceed Thirty
Thousand Six Hundred and Thirty-Five Dollars($30,635.00). Such total fee and the
components thereof are set forth in Attachment A.
B. The CITY shall make periodic payments to the CONSULTANT based upon actual
progress within thirty(30) days after receipt and approval of invoice. Said periodic
payments to the CONSULTANT shall not exceed the amounts shown in Attachment
A,and full payments for each task shall not be made until the task is completed and
accepted by the DIRECTOR.
5. INVOICES
A. The CONSULTANT shall submit invoices in a format approved by the CITY.
B. The CONSULTANT shall maintain records showing actual time devoted and cost
incurred. The CONSULTANT shall permit the authorized representative of the
CITY to inspect and audit all data and records of the CONSULTANT forwork done
under this Agreement. The CONSULTANT shall make these records available at
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reasonable times during the Agreement period and for one(1)year after termination
of this Agreement.
6. TERMINATION OF AGREEMENT
Notwithstanding any other provision hereof,the CITY mayterminate this Agreement at any
time upon thirty(30)days prior written notice to the CONSULTANT.In the event that this
Agreement is so terminated, the CONSULTANT shall be paid for services actually
performed and reimbursable expenses actually incurred prior to termination, except that
reimbursement shall not exceed the amount set forth under Paragraph 4 above.
7. TERM
This Agreement shall become effective as ofthe date the CONSULTANT is given a notice to
proceed and, unless terminated for cause or pursuant to Paragraph 6, shall be deemed
concluded on the date the CITY determines that all ofthe CONSULTANT's workunder this
Agreement is completed. A determination of completion shall not constitute a waiverof any
rights or claims which the CITY may have or thereafter acquire with respect to any term or
provision of this Agreement.
8. NOTICE OF CLAIM
If the CONSULTANT wishes to make a claim for additional compensation as a result of
action taken by the CITY,the CONSULTANT shall give written notice of his claim within
fifteen(15)days after occurrence of such action. No claim for additional compensation shall
be valid unless so made. Any changes in the CONSULTANT's fee shall be valid onlyto the
extent that such changes are included in writing signed by the CITY and the
CONSULTANT. Regardless ofthe decision ofthe DIRECTOR relative to a claim submitted
by the CONSULTANT, all work required under this Agreement as determined by the
DIRECTOR shall proceed without interruption.
9. BREACH OF CONTRACT
If either party violates or breaches any material term of this Agreement,such violation or
breach shall be deemed to constitute a default,and the other party has the right to seek such
administrative,contractual or legal remedies as may be suitable to the violation or breach;
and,in addition,if either party,by reason of any default,fails within fifteen(15)days after
notice thereof by the other party to comply with the conditions of the Agreement,the other
party may terminate this Agreement.Notwithstanding the foregoing,or anything else to the
contrary in this Agreement,with the sole exception of an action to recover the monies the
CITY has agreed to pay to the CONSULTANT pursuant to Paragraph(s)4 and/or 8 hereof,
no action shall be commenced by the CONSULTANT against the CITY for monetary
damages. CONSULTANT hereby further waives any and all claims or rights to interest
on money claimed to be due pursuant to this Agreement,and waives any and all such rights
to interest which it claims it may otherwise be entitled pursuant to law,including,but not
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limited to, the Local Government Prompt Payment Act (50 ILCS 50111, et seq.), as
amended,or the Illinois Interest Act(815 ILCS 205/1, et seq.), as amended. The parties
hereto further agree that any action by the CONSULTANT arising out of this Agreement
must be filed within one year of the date the alleged cause of action arose or the same will
be time-barred.The provisions of this paragraph shall survive any expiration,completion
and/or termination of this Agreement.
10. INDEMNIFICATION
To the fullest extent permitted by law,CONSULTANT agrees to and shall indemnify and
hold harmless the CITY,its officers,employees boards and commissions from and against
any and all claims, suits, judgments, costs, attorneys fees, damages or other relief,
including, but not limited to, workers' compensation claims, arising out of negligent
actions or omissions or willful misconduct of the CONSULTANT in connection
herewith,including negligence or omissions of employees or agents of the CONSULTANT
arising out of the performance of this Agreement. The provisions of this paragraph shall
survive any expiration,completion and/or termination of this Agreement.
Each party waives any right it may have against the other at law or in equity to demand or
receive consequential or punitive damages.
11. NO PERSONAL LIABILITY
No official,director,officer,agent or employee of either Party shall be charged personally or
held contractually liable under any term or provision of this Agreement or because of their
execution, approval or attempted execution of this Agreement.
12. INSURANCE
CONSULTANT shall provide,maintain and pay for during the term of this Agreement the
following types and amounts of insurance:
A. Comprehensive Liability.The CONSULTANT shall provide,pay for and maintain
in effect, during the term of this Agreement, a policy of comprehensive general
liability insurance with limits of at least$1,000,000 aggregate for bodily injury and
$1,000,000 aggregate for property damage.
The CONSULTANT shall deliver to the DIRECTOR a Certificate of Insurance
naming the CITY as additional insured. The policy shall not be modified or
terminated without thirty(30) days prior written notice to the DIRECTOR.
The Certificate of Insurance shall include the contractual obligation assumed by the
CONSULTANT under Paragraph 10 entitled"Indemnification".
This insurance shall be primary and non-contributory to any other insurance or self-
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insurance programs afforded to the CITY. There shall be no endorsement or
modification of this insurance to make it excess over other available insurance.
B. Comprehensive Automobile Liability. Comprehensive Automobile Liability
Insurance covering all owned,non-owned and hired motor vehicles with limits of not
less than$500,000 per occurrence for bodily injury and/or property damage.
C. Combined Single Limit Policy. The requirements for insurance coverage for the
general liability and auto exposures may be met with a combined single limit of
$1,000,000 per occurrence subject to a$1,000,000 aggregate.
D. Professional Liability. The CONSULTANT shall carry CONSULTANT's
Professional Liability Insurance covering claims resulting from error,omissions or
negligent acts with a combined single limit of not less than$1,000,000 per claim.A
Certificate of Insurance shall be submitted to the DIRECTOR as evidence of
insurance protection. The policy shall not be modified or terminated without thirty
(30)days prior written notice to the DIRECTOR.
13. NONDISCRIMINATION
In all hiring or employment made possible or resulting from this Agreement,there shall be no
discrimination against any employee or applicant for employment because of sex,age,race,
color,creed,national origin,marital status,of the presence of any sensory,mental or physical
handicap,unless based upon a bona fide occupational qualification,and this requirement
shall apply to, but not be limited to, the following: employment advertising, layoff or
termination,rates of pay or other forms of compensation and selection fortraining,including
apprenticeship.
No person shall be denied or subjected to discrimination in receipt of the benefit of any
services or activities made possible by or resulting from this Agreement on the grounds of
sex,race,color,creed,national origin,age except minimum age and retirement provisions,
marital status or the presence of any sensory,mental or physical handicap. Any violation of
this provision shall be considered a violation of a material provision of this Agreement and
shall be grounds for cancellation, termination or suspension, in whole or in part, of the
Agreement by the CITY.
14. ASSIGNMENT AND SUCCESSORS
This Agreement and each and every portion thereof shall be binding upon the successors and
the assigns of the parties hereto; provided, however, that no assignment shall be made
without the prior written consent of the CITY.
15. DELEGATIONS AND SUBCONTRACTORS
Any assignment,delegation or subcontracting shall be subj ect to all the terms,conditions and
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other provisions of this Agreement and the CONSULTANT shall remain liable to the CITY
with respect to each and every item,condition and other provision hereof to the same extent
that the CONSULTANT would have been obligated if it had done the work itself and no
assignment, delegation or subcontract had been made. Any proposed subcontractor shall
require the CITY's advanced written approval.
16. NO CO-PARTNERSHIP OR AGENCY
This Agreement shall not be construed so as to create a partnership, joint venture,
employment or other agency relationship between the parties hereto.
17. SEVERABILITY
The parties intend and agreed that,if any paragraph,sub-paragraph,phrase,clause or other
provision of this Agreement,or any portion thereof,shall be held to be void or otherwise
unenforceable, all other portions of this Agreement shall remain in full force and effect.
18. HEADINGS
The headings of the several paragraphs of this Agreement are inserted only as a matter of
convenience and for reference and in no way are they intended to define,limit or describe the
scope of intent of any provision of this Agreement,nor shall they be construed to affect in
any manner the terms and provisions hereof or the interpretation or construction thereof.
19. MODIFICATION OR AMENDMENT
This Agreement and its attachments constitutes the entire Agreement of the parties on the
subject matter hereof and may not be changed,modified,discharged or extended except by
written amendment duly executed by the parties. Each party agrees that no representations or
warranties shall be binding upon the other party unless expressed in writing herein or in a
duly executed amendment hereof, or change order as herein provided.
20. APPLICABLE LAW
This Agreement shall be deemed to have been made in,and shall be construed in accordance
with the laws of the State of Illinois. Venue for the resolution of any disputes or the
enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane
County, Illinois.
21. NEWS RELEASES
The CONSULTANT may not issue any news releases without prior approval from the
DIRECTOR, nor will the CONSULTANT make public proposals developed under this
Agreement without prior written approval from the DIRECTOR prior to said documentation
becoming matters of public record.
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22. COOPERATION WITH OTHER CONSULTANTS
The CONSULTANT shall cooperate with any other consultants in the CITY's employ or any
work associated with the PROJECT.
23. INTERFERENCE WITH PUBLIC CONTRACTING
The CONSULTANT certifies hereby that it is not barred from bidding on this contract as a
result of a violation of 720 ILCS 5/33E et seq.or any similar state or federal statute regarding
bid rigging.
24. SEXUAL HARASSMENT
As a condition of this contract, the CONSULTANT shall have written sexual harassment
policies that include, at a minimum, the following information:
A. the illegality of sexual harassment;
B. the definition of sexual harassment under state law;
C. a description of sexual harassment,utilizing examples;
D. the vendor's internal complaint process including penalties;
E. the legal recourse,investigative and complaint process available through the Illinois
Department of Human Rights, and the Illinois Human Rights Commission;
F. directions on how to contact the department and commission;
G. protection against retaliation as provided by Section 6-101 of the Human Rights Act.
A copy of the policies shall be provided by CONSULTANT to the Department of Human
Rights upon request 775 ILCS 5/2-105.
25. SUBSTANCE ABUSE PROGRAM.
As a condition of this Agreement,CONSULTANT shall have in place a written substance
abuse prevention program which meets or exceeds the program requirements in the
Substance Abuse Prevention Public Works Project Act at 820 ILCS 265/1 et seq. A copy of
such policy shall be provided to the City's Assistant City Manager prior to the entry into and
execution of this Agreement.
26. WRITTEN COMMUNICATIONS
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All recommendations and other communications bythe CONSULTANT to the DIRECTOR
and to other participants which may affect cost or time of completion, shall be made or
confirmed in writing. The DIRECTOR may also require other recommendations and
communications by the CONSULTANT be made or confirmed in writing.
27. NOTICES
All notices, reports and documents required under this Agreement shall be in writing and
shall be mailed by First Class Mail,postage prepaid, addressed as follows:
A. As to the CITY:
William A. Cogley
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, Illinois 60120-5555
B. As to the CONSULTANT:
John M.Nardozzi, P.E.
Principal Engineer
Ramboll
300 S. Wacker Drive, Suite 2700
Chicago, Illinois 60606
28. COMPLIANCE WITH LAWS
Notwithstanding any other provision of this Agreement it is expressly agreed and understood
that in connection with the performance of this Agreement that the CONSULTANT shall
comply with all applicable federal, state,city and other requirements of law,including,but
not limited to, any applicable requirements regarding prevailing wages, minimum wage,
workplace safety and legal status of employees. Without limiting the foregoing,
CONSULTANT hereby certifies, represents and warrants to the CITY that all
CONSULTANT's employees and/or agents who will be providing products and/or services
with respect to this Agreement shall be legally authorized to work in the United States.
CONSULTANT shall also at its expense secure all permits and licenses,pay all charges and
fees and give all notices necessary and incident to the due and lawful prosecution of the
work, and/or the products and/or services to be provided for in this Agreement. The CITY
shall have the right to audit any records in the possession or control of the CONSULTANT to
determine CONSULTANT's compliance with the provisions of this paragraph. In the event
the CITY proceeds with such an audit the CONSULTANT shall make available to the CITY
the CONSULTANT's relevant records at no cost to the CITY. CONSULTANT shall pay
any and all costs associated with any such audit.
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29. EXECUTION
This Agreement may be executed in counterparts,each of which shall be an original and all
of which shall constitute one and the same Agreement. This Agreement may be executed
electronically and any signed copy of this Agreement transmitted by fax machine or email
shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered
for these purposes an original signature and shall have the same legal effect as an original
signature.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
AGREEMENT effective as of the date and year first written above.
CITY OF ELGIN: RAMBOLL AMERICAS INTEGRATED
SOLUTIONS, INC., F/K/A O'BRIEN &GERE
Z' ENGINEERS, INC. OF NORTH AMERICA:
By:
Richard G. Kozal, C-ft—ytimy Signature
Att s By:
Name/Print: John M. Nardozzi
Title: Senior Managing Engineer
City Clerk
FALegal Dept\Agreement\Ramboll Agr-Wing Park Storage Tank-1010 Wing St-7-19-2Ldocx
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ATTACHMENT A
SCOPE OF SERVICES
ATTACHMENT A
ENVIRONMENT
& HEALTH
Mr. William A. Cogley
Corporation Counsel/Chief Development Officer
City of Elgin
150 Dexter Court
Elgin, IL 60120
Proposal for UST Site Investigation — Wing Park
LUST Incident No. 982831
1010 Wing Street, Elgin, Illinois
Dear Mr. Cogley:
February 8,2021 I
Ramboll Americas Engineering Solutions, Inc. (Ramboll), formerly known as
O'Brien &Gere Engineers, Inc., is pleased to submit this proposal to perform a
UST site investigation at the above-referenced site. The scope of the investigation Ramboll
follows up on the recent investigation work conducted by the Illinois Environmental 333 W.Wacker Drive
Protection Agency (Illinois EPA) in response to leaking underground storage tank suite 2700
Chicago,IL 60606
(LUST) incident No. 892831. The purpose of this investigation is to advance this USA
open incident to closure and assist the City in obtaining a No Further Remediation
letter related to this former UST. T 312-288-3800
F 414-837-3608
A. BACKGROUND AND PROJECT UNDERSTANDING www.ramboll.com
Wing Park is an operating City park with an array of recreational facilities including
a golf course, baseball fields, water park, picnic areas and related amenities Ref. 62966
serving the Elgin community. On November 16, 1998, a gasoline underground
storage tank was removed from the site and was determined to be a leaking UST
by the Illinois Office of the State Fire Marshal (OSFM). Subsequently, the Illinois
Emergency Management Agency (IEMA) assigned incident number 982831 to the
site. Illinois EPA records indicate that both a 20-day report and 45-day report were
filed for the incident. The UST was located immediately adjacent to the south wall
of a maintenance building located near the western boundary of the site. Prior
reports indicate that the tank was used to fuel on-site equipment associated with
park maintenance and operations.
In response to the release, the City retained an environmental consultant,
Environmental Science & Engineering, Inc. (ESE), to prepare a limited investigation
of the UST site consisting of seven soil borings. The soil analytical results indicated
levels of benzene, ethylbenzene, toluene and xylenes (BTEX) above the applicable
soil remediation objectives. ESE completed a Site Classification Work Plan dated
February 11, 2000 to outline an approach to achieve site closure in accordance
with the then current UST regulations found at 35 III Admin Code Part 732. Based
on the available file information, it is unclear why further work was not conducted
at the site.
In 2020, the Illinois EPA contacted the City and indicated it would conduct
environmental investigation at the site to reassess current site conditions. A limited
investigation consisting of five soil borings and two groundwater samples was
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Elgin Wing Park UST Site Investigation 210208.docx
implemented on October 6, 2020. The Illinois EPA provided the results of the soil and groundwater sampling
to the City and indicated that BTEX contaminant levels, while somewhat reduced from the prior investigation
almost 20 years earlier, still exhibited exceedances of relevant soil and groundwater remediation objectives
as outlined in the Tiered Approach to Cleanup Objectives (TACO) regulations. Four of the five soil borings
were impacted with benzene above TACO Tier 1 soil remediation objectives; similarly, both groundwater
samples exhibited benzene concentrations above relevant groundwater objectives. The Illinois EPA
recommended that the City continue investigative activities to delineate soil and groundwater impacts to
advance the site toward closure.
SCOPE OF SERVICES
The purpose of this scope of work is to conduct further site investigation at the Wing Park UST location in an
effort to delineate the site and evaluate current groundwater conditions in response to Illinois EPA's request.
The tasks outlined below will be conducted to build upon the data recently collected by the Illinois EPA and
address other information that was not obtained earlier in the process because the Site Classification Work
Plan was never implemented.
Utility Location
Ramboll will coordinate through its drilling subcontractor to arrange for a private utility location at the
above-referenced site prior to invasive site activities. If any private utilities are known or suspected, it is the
client's responsibility to inform Ramboll prior to the start of the site investigation. The site owner will be
requested to provide a knowledgeable person regarding site utilities, as well as provide any building plans or
site surveys that may be available. JULIE will also be contacted to arrange for utility location in adjacent
public property and rights of way.
Health and Safety Plan
A site-specific health and safety plan (HASP) will be prepared and adhered to in the field during all
field-related activities. All Ramboll project personnel and subcontractor personnel assigned to the project will
have completed, at a minimum, required OSHA training in accordance with 29 CFR Part 1910.120.
Regulatory Approach
Ramboll will contact Illinois EPA and collect relevant file information regarding the site. This task is expected
to include contacting the assigned Illinois EPA Project Manager and submitting a FOIA request to obtain all
prior documents on file related to the UST incident. Further, we anticipate moving the incident from the 732
UST regulations to the 734 UST regulations so that closure can be conducted consistent with the protocols
under the Tiered Approach to Corrective Action Objectives (TACO) regulations. The key advantage of this
approach will be the use of selected TACO Tier 2 calculations to evaluate pathways of concern, such as the
soil component to groundwater pathway. To affect the change in regulatory program, a "Notice to Proceed
Under 35 III. Admin Code 734" form will be completed and submitted to Illinois EPA.
Potable Water Well Survey
Ramboll will research public records to determine the location of potable water supply wells in the vicinity of
the UST. This will be accomplished by accessing the Illinois EPA's GIS database and/or by submitting
inquires to designated state and local agencies.
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Elgin Wing Park UST Site Investigation 210208.dooc
Soil and Groundwater Assessment
Ramboll will utilize generally accepted environmental sampling procedures to assess current site conditions.
Based on the recently completed work that included advancement of five soil borings and two groundwater
samples, Ramboll believes that the most effective way to advance the site characterization is to install five
new permanent monitoring wells to assess groundwater conditions in the vicinity of the tank area. The
groundwater investigation is needed because existing site data provided by the Illinois EPA documents that
groundwater exceeds TACO Tier 1 criteria for benzene and ethylbenzene. Five monitoring wells have been
selected based on the minimum requirements set forth in the current UST regulations for a Stage I site
investigation (35 IAC 734.315)..1 Soil sampling would be conducted at each monitoring well location. A
GeoProbe rig (a hydraulically operated push-probe) will be utilized as the means for maximizing the
production rate of field sampling activity.
The monitoring wells will be installed as permanent 2-inch diameter PVC wells, finished at grade with flush
mounted well boxes. By installing permanent wells, they can be utilized during future monitoring events if
needed. The wells will be surveyed, and an interface probe will be used to determine the depth to
groundwater so that a groundwater contour map can be developed. Further, up to two slug tests will be
performed to determine the hydraulic conductivity of the aquifer. For the purposes of this proposal, the
monitoring wells are estimated to be a maximum of 24 feet deep and constructed so that the 10 foot long
well screen will intercept the water table elevation.
At each monitoring well location, soil samples will be collected at two-foot intervals and field screened with a
photoionization detector (PID) with an appropriate lamp. The soils will be logged in accordance with the
Unified Code of Soil Classification (UCSC) methods and boring logs will be generated. Samples will be
selected for laboratory analysis based on PID results and visual observations made during the sampling
activities. If no observations of impact are made, a sample will be collected from directly above the
groundwater water level. One sample will be selected from each boring and submitted for laboratory
analysis.
Two additional soil borings will be located to delineate the eastern and western extent of impact around the
former UST area. These soil borings will be advanced to approximately 24 feet below ground surface (bgs) or
until a discernable clean layer of soil is encountered, whichever is less.
At one monitoring well location furthest from the UST, a soil sample will be collected and analyzed for
fraction of organic carbon content (foc ). The sample will be selected from a boring that shows no evidence of
organic impact based on PID readings and visual/olfactory indications. This sample will also be analyzed for
volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs) and total petroleum
hydrocarbons (TPH) to demonstrate that the foc sample is collected from an area of the site that is
unimpacted by organic contaminants. The foc value will be used to determine site specific soil remediation
objectives using TACO Tier 2 calculations.
Soil Vapor Assessment
Because the former UST excavation is in proximity to an existing structure, a limited assessment of the
vapor intrusion pathway will be performed. Ramboll proposes to install two soil vapor probes outside the
'The 2002 Site Investigation Plan called for four monitoring wells. However, given the benefits of moving the site to be
closed under the Part 734 UST regulations, Ramboll has increased the number of wells to align with the current
regulations.
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Elgin Wing Park UST Site Investigation 210208.docx
maintenance building in proximity to the former UST location. Two soil gas samples will be collected and
analyzed to assess whether residual impacts are above or below the industrial/commercial remediation
objectives for the indoor inhalation pathway. Note that this assessment was not part of the UST regulations
at the time the release incident was reported but is now part of the site evaluation process under the
734 regulations and TACO process.
Prior to the start of field work, Ramboll staff will need to inspect the interior of the Maintenance Building to
verify whether the structure has a basement. The presence of a basement will affect the depth for the
installation of soil gas probes. Ramboll assumes the structure is of slab on grade construction.
The soil vapor probes will be installed with the GeoProbe. Probes will be placed at 3 to 4 feet below grade
(assuming the building is of slab on grade foundation). Probes will be constructed with stainless steel
screens that connect to 3/16-inch tubing. Sand will be placed in the borehole with the vapor implant and
sealed with hydrated granular bentonite. Teflon or Teflon lined tubing will be used from the soil vapor probe
to the ground surface.
Laboratory Analytical Program
The following table summarized the proposed analytical program for delineation of the LUST.
No.of Est. Depth No.of Analytical
Description Media Borings (ft bgs) Samples Parameters/Methods
BTEX
Soil 7 24 7
Method 5035/8260C
Foc, (ASTM D-2974-00)
i Soil Borings
VOCs (5035/8260C
Soil 1 Field Det. 1
SVOCs (8270D)
TPH (8015D)
BTEX
2 Monitoring Wells Groundwater 5 24 5
Method 8260C
BTEX
3 Soil Gas Probes Soil Gas 2 3-4 2
Method TO-15
BTEX = Benzene,Toluene, Ethylbenzene,Xylenes
Foc-Fraction of Organic Carbon
VOCs-Volatile Organic Compounds
SVOCs-Semi-Volatile Organic Compounds
TPH-Total Petroleum Hydrocarbons
All samples collected during the investigation will be submitted to an accredited laboratory for analysis of the
above-listed parameters. Ramboll will contact the City to discuss the need to analyze any additional samples
or further investigative borings or wells based on site observations and/or laboratory analysis of initial soil
samples. Supplemental laboratory analyses will be billed in addition to the proposed fee, if authorized by the
City.
Preparation of Report
Upon completion of site investigation activities and receipt of the laboratory analytical results, Ramboll will
document the field activities and analytical results in a Stage 1 Site Investigation Report. The report will
contain the following:
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Elgin Wing Park UST Site Investigation 210208.dooc
• Site history and summary of the existing data regarding the UST
• Research and findings related to the proximity of nearby potable water wells
• Narrative description of field activities and procedures employed
• Documentation of field activities
• Site base map showing pertinent site features and location of samples
• Soil boring/probe logs and monitoring well construction diagrams
• Tabulation of laboratory results and screening relative to TACO remediation objectives
• TACO Tier 2 calculations based on site specific parameters (foc) and the modeled extent of BTEX
contamination to the nearest property boundary and/or water body.
• Data evaluation and presentation of findings
• Laboratory analytical reports
• Recommendations concerning further action, if necessary.
Although Illinois EPA did not provide a complete report documenting its recent soil and groundwater
sampling effort, Ramboll will utilize the data provided by the Illinois EPA with the assumption that the data
meets accepted data quality objectives applicable to the LUST program. The information provided by Illinois
EPA is limited to analytical data tables, soil boring logs, and a site figure.
Ramboll will compare the laboratory data to the IEPA TACO Tier 1 Remediation Objectives (ROs) as a means
of assessing the site for closure under the LUST regulations. The evaluation will consider both the residential
and industrial/commercial standards based on the City's current use of the property. A limited Tier 2
evaluation will be performed with respect to the soil component to groundwater pathway. In addition,
identified groundwater impacts will be modeled using TACO equation R26 to assess whether any off-site
impacts are present or if any water body is impacted by residual contamination. The application of Tier 3 risk
evaluation of the data is not anticipated for this project.
B. COMPENSATION
Ramboll proposes to complete the scope of work as described herein on a time and materials basis with a
not-to-exceed fee of$30,635, which includes Ramboll's professional labor costs, travel and direct expenses
required to complete this scope of work using the project assumptions described herein. Please see the
attached Summary of Estimated Costs (Attachment 1) for a breakdown of the proposed fee.
If services beyond the base scope of work are required and authorized by the City, the work will be
performed in accordance with Ramboll's Preferred Labor Rate Schedule.
SCHEDULE
Ramboll is prepared to initiate project activities upon written authorization from the client to proceed and
anticipates that field work can be scheduled within 12 business days of authorization assuming there is no
site access or scheduling restrictions. Winter weather or rainy conditions may affect the ability to mobilize.
Field work is estimated to take no more than 3 days including monitoring well installation, soil gas probes,
monitoring well development and slug testing. Ramboll anticipates that the sampling report will be submitted
to the City for review within 15 business days of receipt of the laboratory analytical data. The schedule and
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Elgin Wing Park UST Site Investigation 210208.dooc
I
r
costs assume standard 5 to 7-day laboratory turnaround time. If the proposed schedule does not meet your
needs, we will work to adjust the schedule according to your needs.
ASSUMPTIONS
The following general cost assumptions have been considered in developing the scope of and project fee:
1. Ramboll assumes that the City of Elgin will not seek to obtain reimbursement from the Illinois LUST fund.
If the City is interested in pursuing this, eligibility for reimbursement must be secured from the Office of
the State Fire Marshal prior to proceeding. Further this scope of work does not include effort to prepare
budget approval forms or submittal of reimbursement applications following the completion of work.
Ramboll can provide these services as a supplemental scope of work.
2. All field work will be performed under safety Level D personal protective equipment (PPE) procedures. If
upgrades to Level C or B are required, additional costs will accrue.
3. Work will occur during normal workday hours (Monday through Friday, 7:00 am to 5:00 pm). If work is
required at night or on weekends, cost surcharges may be applicable to labor rates and subcontracted
costs anticipated in the budget.
4. Field work will be performed under reasonable weather conditions and without major weather delays or
interruptions.
5. Field work anticipates the use of standard GeoProbe equipment for soil borings and monitoring well
installation. Extra costs may accrue for specialty drilling equipment, if necessary, based on site conditions
(i.e., low ceiling clearance, etc.).
6. The client will provide the legal right of entry and compile available information that may be pertinent to
conducting the scope of work as described herein.
7. The project budget assumes clear access to the locations where soil, groundwater, and vapor sampling is
to occur. The project budget does not include cost for removing or relocating debris, extensive concrete
coring, demolition of any structure or impediment, utility relocation or modification, or any other related
activity associated with gaining access to investigation areas.
8. Costs associated with repair of replacement of damaged utilities that are unmarked by the private utility
locator and/or JULIE, or not otherwise brought to the attention of Ramboll by the client prior to
performing field work are not included.
9. Costs to address multiple reviews by additional third parties that require submittal of additional report
drafts or labor are not included in the budget.
Terms and conditions for the work will be in accordance with Attachment 2 - Ramboll's Standard Service
Terms and Conditions (as marked). Alternatively, Ramboll will perform the work pursuant to an Agreement
with the City reflecting terms and conditions similar to those previously agreed to by Ramboll for
environmental projects with the City of Elgin.
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Elgin Wing Park UST Site Investigation 210208.docx
We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you
on this project. Please feel free to contact the undersigned at 630-881-7226 or iohn.nardozzi(cbramboll.com if
you have any questions regarding this proposal.
Sincerely,
Gam- A
Joh M. Nardozzi, PE
Sen or Managing Engineer
+1 773 796 4601
M+1 630 881 7226
first.last(c@ramboll.corn
Attachments: Attachment 1 - Summary of Estimated Cost
Attachment 2 - Standard Service Terms and Conditions
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Elgin Wing Park UST Site Investigation 210208.docx
-SUMMARYATTACHMENT 1 OF • COSTS
CLIENT:City of Elgin 2/41/2021
PROJECT DESCRIPTION:Wing Park-UST Site Investigation(Stage 1)
PROJECT/PROPOSAL:62966
RAMBOLL PROJECT MANAGER:J.Nardozzi
Task Number: Task 1 Task 2
Task Description: Field Investigation Site Investigation
Report TOTAL
PERSONNEL Rate
Project Manager 2 ............ ................................_........_._._..........._._..........._._._......._16..........._............._._.........._._Alo
_._.18
1.Nardoxzi $198 COSLS 396 3168 564
Engineer ........._Hours _....._0_. _........_6_. ......._._ 6�._......_._._. ....__._ .........._...................
T.Hotmann $160 Coss 0 960 960
Engineer _.........._Hours 8 __.0____.................................. _.8
R.Woodrutt 115 Costs 920 0 920
Engineer .,,,...,..-Hours 44 40 84A.lubeiu $115 Costs 5060 4600 660Sciemist 2 Hours 0 10 to
Goraynskla-Page,Maggie $101 Costs 0 1010 $3010
Scientist Hours 8 0 8
R.Horan $125 Costs 1000 0 $1000
Administrative Assistant _._........._Hours_._........_._._._..__ 0 .._..._4_..........._._..........._._........_._._....._...__..._.__4
1.Plamann $75 Costs 0 300 $300
Hours 62 76 138
SUBTOTAL LABOR Costs $7,376 $10,038 $17,414
Administrative 6.0% Fee $443 $602 $1,045
SUBTOTAL LABOR WITH ADMINISTRATIVE $18,459
CLIENT: City of Elgin
PROJECT/PROPOSAL:62966
Task Number: Task 1 Task 2
Task Description: Field Investigation Site Investigation
Report
TOTAL
GW Sampling Supplies 5 Wells/2 Probes/2 borings $310 $0 $310
Field Equipment(PID,Sampling,GPS) $375 $0 $375
PPE Supplies $75 $0 $75
Vehicles/Mileage 4 site visits-1 week $528 $0 $528
TOTAL EXPENSES ,,.
REBILLABLES
Lodging $0 $0 $0
Meals So $0 $0
Travel(Air,Train,Bus,Cab) $0 $0 $0
Safety Audit $0 $0 $0
Rental Vehicles LO L0 $_0
5.0%Fee $0 $0 $0
Sub Total $0 $0 $0
�_..._�_— ..__—._____.__.._._._._..._._.___.._.._..............._..........._..._-_ _......_......._.._._._......_._..........__.._......._.__.-_.._._._......._.. _.....
Per Diem:Meals&Expenses(GSA Overnigl GSA Rates: No Fee $96 $0 $96
Per Diem:Meals&Expenses(GSA Day Rat(GSA Rate:: No Fee $0 $0 $0
Sub Total $% $0 $96
Misc.Prol.Materials/Supplies(shipping) $0 $0 $0
10.0%Fee $0 0 $0
Sub Total $0 $0 $0
SUBTOTAL RE•ilW1E5. ..
SUBCONTRACT SERVICES
os per
Laboratory Analytical Services Numberotsample: sample
Soil Samples-BTEX 7 52 $364 $0 $364
Soil Samples-Foc+VOCs+SVOCs+TPH 1 222 $222 $0 $222
GW Samples-BTEX 5 32 $160 $0 $160
Soil Gas Samples-BTEX-TO15 2 195 390 $0 390
Analytical Subtotal IS 501 $1,136 $0 $1,136
Drillina Subcontractor
Earth Solutions,St.Charles 2 Days On-site Services $7,125 $0 $7,125
Earth Solutions,St.Charles Private Utility Locate $675 $0 $675
Purge water disposal 5-SS Gal.Drums $875 $0 $875
SUBCONSULTANT SERVICES
$0 $0 $0
$0 $0 So
-
Subtotal $9,811 $0 $9,
Admns $811
% e 82 SUBTOTAL SUB.SERVICES
msr summrry zp/mzt
RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC.
STANDARD SERVICE TERMS AND CONDITIONS
1. Definitions. As and when used in this Agreement, :). Status. Except as otherwise provided in this
each of the following terms shall have the meaning set Agreement, RAMBOLL shall perform the Services as an
forth below: independent contractor and shall have sole control over
a) Agreement shall mean this Proposal, including the the employment, assignment, discharge and
following: Letters of Authorization or the job specific compensation of its employees. RAMBOLL shall be
terms on the face of any Purchase or Change Order solely responsible for complying with all applicable,
and the other Exhibits incorporated in this Proposal. federal, state and local employment, wage, tax, and
L) Law shall mean federal, state, and local statutes, insurance laws and licensing requirements.
laws, ordinances, rules, regulations, and codes 6. Standard of Care. RAMBOLL agrees to correct or re-
applicable to Services. perform, without additional cost to Client, any Service
c) Losses shall mean monetary damages suffered or not performed in accordance with the professional
costs and expenses incurred, including interest and standard of care prevailing at the time and in the place
reasonable attorney's fees, as a result of any where such Service is performed. Client acknowledges
demand made, cause of action asserted,judgment that scientific, medical, and health and safety
or decree entered, or any fine or penalty imposed, or knowledge and expertise is always evolving, and that
any settlement payment consented to by both RAMBOLL's work, conclusions and opinions cannot fully
parties in connection with this Agreement. anticipate or take into account changes in knowledge or
. ) RAMBOLL shall mean the Ramboll company issuing expertise that develop after the Services are performed.
The services and all deliverables are rendered based on
the Proposal, Ramboll Americas Engineering the specific circumstances and conditions described in
Solutions, Inc. (f/k/a O'Brien &Gere Engineers, RAMBOLL's Proposal and are intended for use by the
Inc.), unless otherwise stated in the Proposal. Client only in connection with the purpose set forth in
c) Project shall mean the overall work to be the Proposal. RAMBOLL disclaims all warranties relating
performed, including Services to be performed by to any other use and Client shall indemnify, defend and
RAMBOLL or others on behalf of Client at or in hold harmless RAMBOLL against any and all losses
connection with project site(s). relating to such other use.
f) Reimbursable Expenses shall mean the expenses 7. Third Parties.The Services including, without
reasonably incurred by RAMBOLL, its agents and limitation, related communications and
subcontractors in performing Services, including, but deliverables/work product, and the contents of such
not limited to, materials, supplies, use of specialized communications and deliverables/work product, are
equipment, travel and subsistence costs, including solely for Client's benefit and may not be relied upon by
mileage, cellular and non-local telephone and other or disclosed to any third party without RAMBOLL's
communication charges, express delivery, postage express written consent. In addition, Client shall not
and freight charges, word processing, computer attribute any statement to RAMBOLL without RAMBOLL's
processing and reproduction and printing charges express written consent. RAMBOLL shall be entitled to
required in providing Services, and technical services injunctive relief preventing/prohibiting any disclosure or
by others, plus permit fees, taxes, charges and attribution prohibited hereunder, and Client shall
assessments on Services (unless specifically included release, indemnify, defend and hold harmless the
in the Scope of Services). RAMBOLL from any and all losses arising from or related
g) Services shall mean the professional, technical and to such unauthorized disclosure or attribution.
other consulting services, work or tasks to be g Insurance. Throughout the term of this Agreement,
described in the Proposal.performed by RAM and its subcontractors as RAMBOLL shall maintain insurance in amounts not less
than shown:
2 Changes in Scope. Client shall have the right within a) Worker's Statutory amount
the general purpose and intent of the Project to change, Compensation where Services are
add or delete items from Services in writing and subject performed
only to the agreement of RAMBOLL with respect to the
effect on cost and schedule. b)Automobile__ $1,000,000
c) General Liability $1,000,000
3 Payment. Payment of RAMBOLL's monthly invoice shall d) Professional
be due upon receipt. Balances more than thirty (30) $1,000,000
Liability
days past due shall accrue interest at the rate of 1% per _
e) Excess Umbrella $3,000,000 on "b" &"c"
month or part thereof until paid.
4 Term. Unless otherwise provided in this Agreement, Client agrees to require all third parties engaged by or
the Term hereof shall be from the date this Agreement through Client in connection with the Project to provide
is signed by both Client and RAMBOLL until the RAMBOLL with current Certificates of Insurance
obligations imposed hereunder are fully satisfied or this endorsed to include RAMBOLL as an additional insured
Agreement is otherwise terminated. All Services shall
on their"b," "c" and "e" policies of insurance and
be deemed to have been performed during the Term authorizes RAMBOLL to enforce this provision directly
hereof. with all Project related third-parties.
REV: 4/2020 1 PAGE 1
9 Compliance with Law. RAMBOLL shall comply with all d) damage to underground utilities or structures not
Law applicable to Services, including federal and state accurately located on plans, maps or figures
Equal Opportunity Laws, orders and regulations, and furnished to RAMBOLL.
further, RAMBOLL shall not discriminate against any 14. Change in Law. Client shall bear the cost of any
employee or applicant for employment on the basis of material change in or addition to Services resulting from
race, color, religion, sex, sexual orientation, gender a change in Law or interpretation effective after the date
identity, national origin, age, physical and mental of this Agreement.
disability, or veteran status.
1 Force Majeure. Neither party shall be liable for loss or
0.Confidentiality. Except when 1) authorized by Client
damage suffered by the other as a result of any failure
in writing, 2) previously and independently known, or delay in the performance of its obligations under the
3) subsequently published through no fault of RAMBOLL Agreement caused by a Force Majeure event, including
or 4) lawfully obtained from a third party having without limitation strike, lockout, embargo, riot, war,
independent knowledge, RAMBOLL shall treat as act of terrorism, epidemic or other outbreak of disease,
confidential all information obtained from Client. fire, act of God, accident, failure or breakdown of
RAMBOLL shall provide Client with reasonable notice of components necessary to order completion,
and an opportunity to legally resist any effort by a third subcontractor or supplier non-performance, inability to
party to obtain disclosure of confidential information. obtain labor, materials or manufacturing facilities, or
RAMBOLL shall be permitted to comply with any judicial compliance with any law, regulation or order, or
order. Client information marked confidential shall be circumstances or conditions which in the discretion of
returned to Client at the conclusion of Services. RAMBOLL may pose a material risk to the health or
11. Patents. Patentable ideas, products, equipment, safety of the employees of RAMBOLL, its affiliates or
materials or processes ("Ideas") developed, in whole or subcontractors, or circumstance beyond its reasonable
in part, with proprietary information or assistance of control. The party relying on this provision shall give
Client shall be the property of Client; provided, prompt notice to the other party of the event or
however, that RAMBOLL shall have an unlimited, royalty circumstance and shall take all reasonable steps to
free, nonexclusive, nontransferable (other than to its resume performance at the earliest possible date. In
successors), world-wide license for their use, the event of a Force Majeure, the time for performance
reproduction, manufacture and sale. Ideas developed by of Services shall be extended by the number of days
RAMBOLL during or as part of its performance of the from the date notice is given until performance is able
Services which do not depend on proprietary to be resumed.
information or assistance provided by Client shall be the 16 Other Use of Results. Client acknowledges that
property of RAMBOLL; provided, however, that Client deliverable documents, drawings and data in whatever
shall have an unlimited, royalty free, nonexclusive, form ("Documents") produced directly or indirectly
nontransferable license for their use by and for Client. through the efforts of RAMBOLL in performing Services
Client Responsibilities. Client shall on a continuing and any analyses, recommendations, or conclusions
basis throughout the term of this Agreement: ("Results") they contain are based upon the specific
a) maintain a designated representative, who shall be circumstances and conditions of the Project and are
reasonably available to meet with RAMBOLL on intended solely for use by Client in connection with the
Client's behalf; Project.
I)) provide RAMBOLL with all relevant Project related Any change or other than agreed upon use of
data available to Client, and unless otherwise Documents or Results shall be at the sole risk of Client.
provided in the Scope of Services, Client shall Regardless of when delivered, Documents and Results
provide RAMBOLL with accurate, current land shall become the property of Client upon RAMBOLL's
surveys showing the location of on-site utilities and receipt of payment. Client agrees to defend, indemnify
subsurface structures,test boring logs and other and hold harmless RAMBOLL from and against any and
subsurface information necessary for performance of all Losses arising from Client's direct or indirect use of
Services; Documents or Results, other than in connection with
c) provide all negotiation for, and acquisition of, lands, Project.
rights-of-way and easements required for 17. Suspension of Services.
performance of Services;
Client shall have the right to suspend all or part of
ci) arrange for access, entry and use of property of the Services, provided, Client gives RAMBOLL at
Client(including utilities thereon) and others, as and least seven (7) days' notice of the dates each
when reasonably required by RAMBOLL for suspension is to begin and end. In the event Client
performance of Services. suspends Services for period(s) totaling more than
13. Additional Cost or Delay. RAMBOLL shall not be ninety (90) days, Client agrees to pay reasonable
responsible or liable for delay or additional Project cost costs incurred by RAMBOLL in (i) preserving and
resulting from: documenting Services performed or in progress, and
(ii) demobilizing and remobilizing Services.
person or entity not selected by, engagedd by, and
a) the lack or insufficiency performance any lJ) In the event Client does not make timely payment of
responsible to RAMBOLL, the invoiced amounts as provided herein, RAMBOLL
I;) changes, delays or additional Services not shall in addition to its other rights, have the right,
necessitated by the acts or omissions of RAMBOLL, upon seven (7) days' notice, to suspend performance
of all or part of the Services until (i) all past due
c:) unreasonable or repeated delay in response to amounts are paid, and (ii) satisfactory assurance of
requests, applications or reviews by Client or third prompt future payment is received.
parties.
REV: 4/2020 1 PAGE 2
18 Indemnification. ?6 Severability. If any provision of this Agreement is
a) Subject to paragraph 20 of these Standard Service determined or declared by a court of competent
Terms&Conditions, RAMBOLL agrees to defend, jurisdiction to be invalid or otherwise unenforceable, all
indemnify and hold harmless Client, its directors, remaining provisions of this Agreement shall be
officers, employees, agents, successors and assigns unaffected and shall be interpreted so as to give the
from Losses to the extent and in the proportion fullest practicable effect to the original intent of the
caused by the willful misconduct or negligent acts, parties.
errors or omissions of RAMBOLL, its directors, 27. Waiver. Unless otherwise agreed in writing, neither
officers, employees, and its agents, subcontractors, party's waiver of the other's breach of any term or
successors and assigns. condition contained in this Agreement shall be deemed a
L) To the extent and in the proportion not caused by waiver of any subsequent breach of the same or any
the willful misconduct or negligent acts, errors or other term or condition of this Agreement.
omissions of RAMBOLL, its directors, officers, 2N. Integration. This Agreement shall constitute the entire
employees or its agents, subcontractors, successors agreement between the parties. There are no
and assigns, Client agrees to defend, indemnify and representations or other agreements, oral or written,
hold said persons harmless from Losses arising in between the parties other than as set forth in this
connection with Project. Agreement.
19 Limitation of Damages. The parties waive any right
they may have at law or in equity to demand or receive
consequential or punitive damages.
20. 1 lability.Th -maximurn-liability-af-iAMBOLLv4s
d+roc-tsr-s,-offic-ers,emplsyce and its agents,
subcontractors,successo�^rs_and- s{sig�as.-to-Client
pursuant to greernent,-6 *s"�^JYaragrap115
aPA/-or-1.-&a9f4h s"tafadard-Sxi
ppo, rT_er,T. _erms &
Conditions -;hall hp lim'terl to Foye (5) ti�o�_t4e
Agreement amount, hut_on_no-event 4nofe thaq
$-1 rO09O.
21. Mediation of Disputes. The parties agree to make a
good faith effort to resolve any controversy, dispute or
claim arising out of, or related to, this Agreement
("Dispute") by the use of alternative dispute resolution
procedures provided herein, prior to, and as a condition
of, commencing any action or proceeding at law or in
equity. Specifically, each party agrees to provide the
other prompt written notice of the specific subject(s)
and/or circumstance(s) in Dispute. If the Dispute is not
resolved to the mutual satisfaction of the parties within
ten (10) days of receiving notice, either party may
request mediation. Mediation shall be 1) by a qualified,
experienced mediator agreeable to both parties as
supplied by the American Arbitration Association,
Endispute, Inc., or other mutually agreeable source,
2) at the earliest available date of the mediator, and
3) in the major city closest to the Project site where
RAMBOLL's Services are performed or as otherwise
agreed by the parties. The cost of mediation services
shall be shared equally by the parties.
22. Termination. Either party shall have the right to
terminate this Agreement without cause upon thirty
(30) days' notice.
23. Modification. This Agreement shall not be modified or
replaced, in whole or in part, except by written
amendment signed by both parties.
21. Notice. All notices shall be given to the other party in
writing by hand delivery, by express service providing
proof of delivery, by facsimile transmission and/or by
registered mail, postage paid, return receipt requested,
at the address appearing on the first page of this
Agreement or such other address as the parties shall
from time to time give notice.
25. Interpretation. This Agreement shall be interpreted
and enforced in accordance with the Laws of the State
of New York except for its choice of law rules.
REV: 4/2020 PAGE 3