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23-104
Resolution No. 23-104 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 3 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. 3 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. 3, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 26, 2023 Adopted: April 26, 2023 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk . .� City of Elgin Change Order CHANGE ORDER No.3 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 March 13,2023, attached hereto as Exhibit A. REASONS FOR CHANGE: One remaining location has a concentration of a constituent of above pub- lished values. Further remediation of this location and removal of the affected 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. 2 122,590.00 CHANGE ORDER NO. 3 Additional remediation services $36,229.00 TOTAL FOR CHANGE ORDER NO. 3: ADD $36,229.00 TOTAL REVISED CONTRACT AMOUNT: $1,489,842.00 The original amount of the contract with O'Brien & Gere, Inc. of North America Inc., n/k/a Ramboll Americas Integrated Solutions, 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 dated July 28, 2021 added $122,590.00 to the amount of the contract. Change Order No. 3 totaling $36,229.00 will increase the original contract amount by a total of$36,229.00, that sum representing a 2.8 percent increase of the original contract amount. The new contract amount, inclusive of all change orders is$1,489,842.00. SCHEDULE: Consultant will conduct the additional work authorized pursuant to this Change Order No. 3 within five 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 and Change Order No. 2, remain the same. CHANGE ORDER No.3 Agreed to this 26th day of April, 2023. Accepted by: RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC, fka O'BRIEN & GERE,INC. OF NORTH AMERICA By: ']o hn Af,, /VCtv�oZ2 Title: Sanj'vr A"aViA40 fnyiye"- Date: AOP Signature . f��— 'Approved by: CITY OF ELGIN By: Richard G. Kozal Title: City Manager Date: April 26, Signature: Legal Dept\AgreemendRamboll-Change Order No.3-40 Ann St-4-17-23.docx EXHIBIT A ENVIRONMENT Emum & HEALTH Mr. William A. Cogley Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Via email: ogley w@cityofelgin.M Request for Change Order No. 3 Additional Remediation of Arsenic Impacted Soil Former Elgin Public Works Yard—40 Ann Street Dear Mr. Cogley: March 13,2023 Ramboll Americas Integrated Solutions, Inc., (Ramboll) is submitting this Change Order request (CO#3) to provide funding for additional remediation of arsenic Ramboll impacted soil at the above referenced site. 333 W.Wacker Drive Suite 2700 BACKGROUND Chicago,IL 60606 USA In August, 2022, it was considered that the soil remediation at the former Elgin Public Works had been completed and that the soil remediation objectives had T 312-288-3800 substantially achieved by the soil removal process. Ramboll submitted a response ar to comment letter to the Illinois EPA on August 26, 2022 addressing a single arsenic soil sample that exhibited a concentration of arsenic above the published average value. A statistical analysis was performed to demonstrate that the site, as Ref. 1950100024/CRM#131676 a whole, met the soil remediation objective for arsenic. Illinois EPA, in correspondence dated October 13, 2022, requested further evaluation and assessment of the arsenic values. In response, Ramboll conducted a more refined and detailed statistical analysis of arsenic across the site, utilizing the results of 107 arsenic soil samples. Further, a literature review was performed to compare the dataset of arsenic samples from the 40 Ann Street site to various research studies that evaluated background arsenic concentrations in Illinois. Ramboll presented the results of a detailed statistical analysis and its findings to Illinois EPA in a report dated December 2, 2022. In correspondence dated January 25, 2023, Illinois EPA did not approve of the evaluation and indicated that one soil sample (SRA5-EB-049) was considered an outlier of the data and represented a "hot spot'of contamination. To proceed to advance the site to a No Further Remediation status, Ramboll and the City have discussed a few options to resolve the outstanding issue. This proposal is based on conducting further soil remediation to remove the soil at S1135- EB-049 and thus seek to achieve the soil remediation objectives by eliminating the identified"hot spot". SCOPE OF SERVICES Ramboll will perform the following additional remediation services at the site: 1/3 C0#3-Elgin 40 Ann Street Addl Remedlation,docx • One mobilization to the site with the same soil remediation subcontractor, Stiles, Inc. of Loves Park, Illinois. • Re-excavate existing backfill from grade level to approximately 10 feet below ground surface (bgs) and stage this material on-site for reuse. Excavate soils in the location of SRA5-EB-049 (10 ft deep) from approximately 10 feet bgs to 13 ft bgs. An approximate 15-foot by 15-foot excavation area is anticipated to target the"hot spot"area. Following completion of the soil removal, the original backfill will be reused to fill the excavation and will be supplemented with additional imported backfill material. Lastly, the excavation will be graded, covered with a layer of topsoil, and seeded for restoration. The estimated additional work quantities are as follows: - 50 tons of impacted soil for removal and landfill disposal 60 tons of CA-6 backfill - 10 CY of clean topsoil for restoration • Ramboll personnel will be present during excavation to continue field management of subcontractors, coordination of utility clearance and sample collection for up to 2 additional days of service. • Additional soil samples will be required for the expanded excavation area. Ramboll anticipates up to 5 samples will be required to confirm attainment of the soil remediation objectives. Samples will only be analyzed for arsenic since no other issues related to other site contaminants has been identified by Illinois EPA. • It is anticipated that the landfill will require new sampling to accept the soils since it has been two years since the site was active with regard to soil disposal. Ramboll will retain a drilling subcontractor to conduct a GeoProbe sample in the vicinity of the target excavation (i.e., SRA5-EB-049) to obtain a representative sample for disposal evaluation. The analytical results will be provided to the landfill to satisfy acceptance criteria. The excavation plan for this Change Order is provided in the attached Exhibit IA. SCHEDULE Ramboll will conduct the work within 5 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. BUUUL'i C.HANb, 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 $36,229.00. The Change Order includes our subcontractor's costs, Ramboll's professional labor costs, laboratory fees, 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. 2/3 CO#3-Elgin 40 Ann Street Add[Remediation.docx Task No. Task Description Estimated Effort Estimated Cost (hours) CO-3.1 Subcontractor Costs-Additional Services $25,476.00 CO-3.2 Ramboll Oversight and Coordination $9,518.00 CO-3.3 Other Direct Costs-Vehicles,Field Equip, Per Diem $1,235.00 Total 56 $36,229.00 The fee estimates are based on the project assumptions stated herein. 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. 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 if you have any questions regarding this proposal. Sincerely, RAMBOLL AMERICAS INTEGRATED SOLUTIONS, INC. 3 n M. Nardozzi, PE S `Nor Managing Engineer D+1 773-796-4601 M+1 630-881-7226 :uhn.rart Attachments: Exhibit 1A - Location of Additional Soil Removal at SRA5-EB-049 Attachment 1 - Cost Summary Change Order #3 3/3 C0#3•Elgin 40 Ann Street Addl Remedlatlon.docx SAMPLING LOCATIONS _ G EXCAVATION BOTTOM 0 EXCAVATION WAIL 0WRESED (NOT TO SCALE) El RESAMPLE S ® MONITORING WELL LOCATION(REMOVED DURING REMEDIATION) ADDITIONAL SOIL REMOVAL AT SRA5-ES-049 � \ (ARSENIC'HOT-SPOT) \ _I40 ANN(SURV�STREET PROPERTY BOUNDARY 1 ,SRA#5 O EXCAVATION AREANATH DEPTH SHOWN SRA BOUNDARY n �` 1 ' ysm"i";DDITIONAL eRAS-Ew-m OIL REMOVAL �iNIC'HOTSPOT') 6aaASEw ��� i`, 74 aw+54MM462 '`fIU}EMIw SRA6.E SRA#4 sRA+fwmeR r SRASE94% j3RA&EW4l" {X s Sr"%DR; j i aRAFE1V-OS! SRA4EW-0J1 W t tl, ewwEwaco H" GmsA "n SRA54M l � "� aRA4Ewan (T, \ I �SRASfY,-0,1 4WAS.6"I � V�SRAI-ES-0YI �Y SR.SEBa1. i .`- L � �SaA4EB1J1 �SRAAF8032 1 \� enA4fwas� T'Neru4ed-tzz?�artAs�aow 12" �ma"i " 6 `� sRA4Elseu `I ,I awwam.wa /4') �1 �sRASEe�n ASF l � �' tsRA.-Fenn 't `• �eR 0 10 20 \ SRAt-EeOf��©IeWJ + y gM"lI"N L I Feet 5 ,a. ~t sRAsawrz4 sRASERwsz ± LOCATION OF ADDITIONAL SOIL REMOVAL AT SRA5-EB 049 —————————————— BOM PAR I sRAa.®a=off / / 6RA.IEB-N��IT�eRA4E9�SIR �~�4" / �sRwuwaee ANN ST / .! 9RA4EwBS.,t ?sRAs.Ewau 'f ieRA.-Ewa/2 •• Rowew.t I ROW �/ I ]R/4EW-0S) SaA.-Ee-ose I SR^4-;W-0 R �� e r' Row�w.nz 40 ANN STREET �r i^ uw.-�aw2� I�SRA.[wasna SRA.�s-otB(r "CIl ELGIN.KANE COUNTY.ILLINOM n i '•Qp sRAs�ass I ANN STREET MA�FWdsY` BRA4Ewd /MAK- 4' e V 1l �su-seen EXHIBIT 1A ATTACHMENT I-SUMMARY OF ICOSTS CLIENT:City of Elgin 3/13/2023 PROJECT DESCRIPTION:Change Order N3-40 Ann Street•Arsenic Impacted Soil Remedlation PROJECT/PROPOSAL:19SO100024/131676 RAMBOLL PROJECT MANAGER:1,Nardoul Task Number: Change Order 103 Task Description: Additlonal AS Impacted Soil Remediation TOT Protect Manager Hours 12 I.Nardo.1 $229 fasts 2748 u 748 Engineer ._ Hours _ 2 2 t.Helmann 120 Costa 360 360 Engineers Hours a 8 $160 Costs 1280 $1.230 Engineer2/Sdentlst2 Hours 28 28 _ _ SIM Costs 3920 _ 3 20 sdemlrt2 Hours 4 4 doraymklavaee.Wala $120 Costs 480 AdrrtNhtradve Assistant 3 Hours 2 _ 2 inamann $95 costs 190 $190 Hours 56 56 SUBTOTAL LABOR Costs $8,978 $8,978 AcIrr tratNe 6.0% Fee $539 S539 SUOtOTAIL UUOR WITH ADaaINISTRATI IT S9.51x SRSM CLIENT:City of Elgin PROJECT/PROPOSAL:19SOIDD024/131676 Task Number. Chwje Order 03 Task Description: Additional AS Impacted Soll Remedlatlon TOTAL GW Sampling Supplies $0 $0 Field Equipment(PID,Sompling,GPSI $750 $750 PPE Supplies $150 $150 Vehkles/Mileage $175 $175 SLAT AL EItPEaKB $TAri 51.075 Lodging $0 SO Meal$ $0 $o Travel(Air,Train,Bus,Cab) So $o Safety Audit SO $0 Rental Vehicles @4 91 5.0%Fee SO $0 Sub Total Per Diem:Meals&Expenses(GSA Owmlg GSA Raw: No Fee $160 $160 Per Diem:Meals&Expenses(GSA Day Ratyyteawc_ No Fee $0 $0 Sub Total $160_^ 160 Mlsc Prof.Materials/Supplies(shipping) $0 $O 10.0%Fee SO $0 $0 ft16TOTAl R[a1LtAB1ES -$ta•'". $1W SUBCON(RACT SERVICES Lnboroto7y AnnlvtlrerSemke, x�me.r n s>mRk. Soil Confirmation Samples-40Ann Street 5 48 Hr TAT 318 $1,590 $1.590 Landfill Acceptance Sample 1 Std TAT goo S800 Saw so SD $o so Analytinl Subtotal 0 1118 $2,390 57.390 $g AmredlaHon SereeaNroara Stiles,Inc 40 Ann St:Add'I Soil Rem. $19,070 S19.070 Earth Solutions 112 Day Geoprobe $1,700 S1.700 $o $o *VBCONsi/LTANT SERVICED so so So so Subtotal _. _ - l t - _. _— $73.160 A,Jr,—,u, I,- �",.,. S2.317 .AlWIL SEItNCES a Cwi 5,.,..,,y shspws CHANGE ORDER TO PROFESSIONAL SERVICES AGREEMENT Change Order No.: 3 Date: March 13,2023 Project No.: 1950100024 Proposal No.: 131676 This Service Order to Professional Services Agreement is by and between: Ramboll Americas Integrated Solutions,Inc. City of Elgin 333 West Wacker Drive,Suite 2700 150 Dexter Court Chicago, IL 60606 and Elgin, IL 60120 Telephone: 630 881-7226 Telephone: (847)9315659 CogIey�W@citesll hors "RAM BOLL") ("CLIENT') - Project Title: Change Order#3-40 Ann Street-Additional Remediation of Arsenic Impacted Soil Scope of Work: Conduct additional soil remediation at the location of SRA5-EB-049 in accordance with Change Order#3 dated 3/17/2023. 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: $178,418.00 Contract Change Order#2 $36,229.00 Revised Contract Amount: $1,489,841.00 Schedule: Ramboll will conduct the additional work authorized pursuant to this Change Order#3 within five 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 8 Gere Inc.of North America)and CLIENT dated: August 26, 2020. Agreed to by: RAMBOLL AMERICAS INTEGRATED CITY OF ELGIN (CLIENT) SOLUTIONS, INC. rglature Date Signature Date Johrw M. Nardozzi 3/17/2023 l Name Name enior Managing Engineer Title Title