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HomeMy WebLinkAbout21-167 Resolution No. 21-167 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 1 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 WHEREAS, the City of Elgin has heretofore entered into 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; and WHEREAS, it is necessary and desirable to modify the terms of the agreement 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 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. 1, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: November 17, 2021 Adopted: November 17, 2021 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk Of � C v ti ere. City of Elgin Change Order 4,0 ELGIN,ILLINOIS PROJECT: Wing Park Former Leaking Underground Storage Tank Investigation CHANGE ORDER No. 1 CONTRACT: Agreement Dated August 11, 2021, with Ramboll Americas Integrated Solutions, Inc. f/k/a O'Brien&Gere, Inc. of North America("Ramboll"). SCOPE: Add to the existing scope of services additional services for the city to pursue reimbursement of related expenses through the Illinois Leaking Underground Storage Tank(LUST) Fund. These addi- tional services are detailed in Ramboll's proposal for Change Order No. 1 dated October 7, 2021, at- tached hereto as Exhibit A. The schedule for the project would also be extended for these additional services as provided in Exhibit A. REASONS FOR CHANGE: The city has elected to add to the existing scope of services the additional services related to pursing reimbursement of eligible expenses from the Illinois LUST Fund. The changes provided by this change order are germane to the original contract as signed and this change order is in the best interest of the City of Elgin and authorized by law. SUMMARY OF CHANGES IN CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $30,635.00 CHANGE ORDER No. 1 $4,960.00 ADD TOTAL REVISED CONTRACT AMOUNT: $35,595.00 The original amount of the contract with Ramboll is $30,635.00. Change Order No. 1 will increase the original contract amount by a total of$4,960.00, that sum representing 16.19 percent (16.19%) of the original contract amount. The new contract amount, inclusive of all change orders is$35,595.00. OTHER CONTRACT PROVISIONS: All other contract provisions remain the same. The schedule for the project is also extended for these additional services as provided in Exhibit A. CHANGE ORDER No. 1 Agreed to this 17 day of November, 2021. Accepted by: RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC. F/K/A O'BRIEN & GERE, INC. OF NORTH AMERICA / By: ,10�'�1 r► M . Na f-de�zz, Title: --5-41 10r //fav/a yi''r y i4J/he'er Date: /.off- 9 ZOZ/ Signature: IN 744-f (1f 0,)/2____ Approved by: CITY OF ELGIN By: Richard G. Kozal Title: City Manager Date: Nove , 2021 ' Signature: t G� EXHIBIT A RAMB LL ENVIRONMENT & HEALTH Mr. William A. Cogley Corporation Counsel/Chief Development Officer City of Elgin 150 Dexter Court Elgin, IL 60120 Request for Change Order No. 1 UST Site Investigation - Wing Park LUST Incident No. 982831 1010 Wing Street, Elgin, Illinois October 7,2021 Dear Mr. Cogley: Ramboll Americas Engineering Solutions, Inc. (Ramboll) is pleased to submit this request for Change Order No. 1 related to the underground storage tank (UST) site Ramboll investigation at the above-referenced site. The original contract for this UST site 333 W.Wacker Drive 700 was based on Ramboll's proposal dated February 8, 2021 and was authorized by Suite ago, Chic I ago,IL 60606 the City on August 11, 2021 with a contract amount of$30,650.00. The proposal USA was based on the assumption that the City would not pursue reimbursement of the related expenses through the Illinois Leaking Underground Storage Tank (LUST) T 630 881 7226 F 414-837-3608 Fund. After further discussions with the City, it was indicated that the City was www.,t,mboil,com interested in pursuing such funding for the Wing Park site. As a proactive measure, Ramboll completed the first step of the reimbursement process through the Office of the State Fire Marshal (OSFM) and has confirmed CRM ctR No.f. 9 4 9 9 Project 1940101451 that the subject UST is eligible for reimbursement. The OSFM has designated a $10,000 deductible for the site. SCOPE OF SERVICES To pursue LUST Fund reimbursement for the Wing Park UST, Ramboll will provide the following additional services that were not included in the original proposal. These services include: Item 1 -OSFM Eligibility and Deductible Submittal - Ramboll will make an on- line submittal to OSFM to obtain written determination of the UST's eligibility to be covered by the LUST fund and determine the specific deductible amount that the City would cover. This step consists of a completing an on-line submittal detailing the relevant information related to the UST and the release incident. Ramboll will create required site maps and layout of the UST site from file information. Note this step was completed by Ramboll on September 20, 2021 and OSFM responded with its letter confirming eligibility dated October 4, 2021. Item 2- Illinois EPA Site Investigation Plan and Budget Submittal - Ramboll will prepare a plan to describe the proposed work that generally consists of a Stage 2 Site Investigation. The work plan will be prepared using the Illinois EPA Site Investigation Plan form with applicable attachments. Further, to pursue reimbursement, a budget package will be prepared to itemize the anticipated 1/3 co#1-Elgin Wing Park UST-Reimbursement Tasks.docx RAMB LL expenses to conduct the work. Note all expenses will be expressed in terms of the required Illinois EPA unit costs or published allowable costs for the time period in which they will be incurred. The Budget package is anticipated to be comprised of eight forms including: General Information, Budget Summary, Drilling and Monitoring Well Costs, Analytical Costs, Remediation and Disposal Costs, Consulting Personnel Costs, Consultant's Material Costs, and Certification of Owner/Operator and Professional Engineer .Ramboll does not represent that all expenses it has proposed or will incur during the project will be within the Illinois EPA's allowable ranges or that such costs will align exactly with the original proposal. We will endeavor to pursue cost recovery under the LUST Fund on a diligent and reasonable basis. Item 3 — Illinois EPA Reimbursement Package -Upon completion of the site investigation work outlined in Ramboll's original proposal, we will submit a reimbursement package to Illinois EPA to seek payment from the LUST Fund. The LUST Fund works on the basis of reimbursement of eligible costs, so the costs must be incurred and documented before they can be submitted for payment. Similar to Item 2, the reimbursement package will be submitted on the Illinois EPA's forms and be supported by relevant back up information such as vendor invoices and cancelled checks. Ramboll anticipates submitting one reimbursement application after the completion of the site investigation phase. If further phases of investigation or remediation are required at the site, the City will continue to be eligible to obtain reimbursement for those costs and the $10,000 deductible will apply to the sum of all eligible costs for the UST site (i.e., current investigation work plus any future remediation actions). However, consistent with the LUST Fund process, each phase of future work will require a new budget submittal followed by a separate reimbursement package. These efforts are not included herein, but will be incorporated in future scopes of work as they develop. The City should be aware that the process of applying for LUST Fund eligibility and the subsequent budget/reimbursement processes are themselves ineligible expenses. Ramboll will set up separate tasks under the project number so that invoices submitted to the City will segregate costs that are eligible for reimbursement from those that are not. COMPENSATION Ramboll proposes to complete the LUST Fund reimbursement services as described herein on a time and materials basis with a not-to-exceed fee of$4,960.00, which includes Ramboll's professional labor costs and direct expenses required to complete this scope of work. This fee is based on an estimated level of effort of 30 labor hours (20 Professional Engineer/Senior Project Manager hours, 5 CAD/GIS hours and 5 administrative support hours). The budget includes $100 for miscellaneous direct costs such as printing, shipping and related expenses. The cost of the contract is being increased pursuant to this Change Order #1 as follows: Original Contract Amount: $30,635.00 Change Order #1 $ 4,960.00 Total Revised Contract Amount: $35,595.00 SCHEDULE Ramboll will perform these services in a timely manner to keep the project moving. The reimbursement and budgeting steps must be completed and approved prior to the implementation of the investigation work or they will not be considered as eligible costs for reimbursement. Further, the Illinois EPA has an allowable 2/3 CO#1-Elgin Wing Park UST-Reimbursement Tasks.docx RAMB LL timeframe of 120 days to review budget submittals, which will affect the overall project timing. Payments from the LUST Fund are subject to available funding at the State level and Ramboll does not have any influence over the payment timeline once documentation is submitted and approved. TERMS AND CONDITIONS Terms and conditions for the work will be in accordance with the original contract between the City of Elgin and Ramboll pertaining to this site dated August 11, 2021. 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@ramboll.com if you have any questions regarding this proposal. Sincerely, M `1/1 A--- M. Nardozzi, PE or Mel anaging Engineer +1 773 796 4601 M+1 630 881 7226 iohn.nardozziLtramboll.com Authorized on behalf of the City of Elgin: Name Title Date 3/3 CO#1-Elgin Wing Park UST-Reimbursement Tasks.docx