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HomeMy WebLinkAbout25-175 Resolution No. 25-175 RESOLUTION AUTHORIZING EXECUTION OF A CHANGE ORDER NO. 2 WITH RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. FOR SUPPLEMENTAL SITE INVESTIGATION SERVICES (356-358 Dundee Avenue) WHEREAS, the City of Elgin has heretofore entered into an agreement with Ramboll Americas Engineering Solutions, Inc. for site remediation program services for the property 356- 358 Dundee Avenue; and WHEREAS,it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 2 attached hereto. WHEREAS,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 NOW, THEREFORE, BE IT 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: October 8, 2025 Adopted: October 8, 2025 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 0OFF4 , City of Elgin Change Order ELGIN,ILLINOIS PROJECT: 356-358 Dundee Avenue Supplemental Site Investigation Services CHANGE ORDER NO.2 CONTRACT: Agreement dated December 7, 2022, with Ramboll Americas Engineering Solutions, Inc. ("Ramboll"). SCOPE:Provide for additional environmental site investigation services for the city-owned parcel pursuant to the consultant's proposal dated May 13,2025,attached hereto as Exhibit A. REASONS FOR CHANGE: Removal and seal of four,2-inch,permanent monitoring wells from the area. • The additional work to be authorized pursuant to this change order has been resubmitted for pricing in the same manner for which the original agreement was priced and procured. • 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 interest of the City of Elgin and authorized by law. SUMMARY OF CHANGES IN CONTRACT AMOUNT: ORIGINAL CONTRACT AMOUNT: $43,765.00 CHANGE ORDER NO. 1: $22,140.00 CHANGE ORDER NO. 2 ADD $5,405.00 $ 5,405.00 TOTAL OF ALL CHANGE ORDERS: ADD $27,545.00 TOTAL REVISED CONTRACT AMOUNT: $71,310.00 The original amount of the contract with Ramboll is $43,765.00. Change Order No. 1 increased the original contract amount by a total of$22,140.00.Change Order No.2 will increase the original contract amount by a total of$5,405.00, that sum representing 12.35% of the original contract amount.The new contract amount inclusive of all changes orders is$71,310.00. OTHER CONTRACT PROVISIONS: Consultant has completed the removal and seal of four, 2-inch permanent monitoring wells from the area.All other contract provisions remain the same. CHANGE ORDER No.2 Agreed to this 8th day of October,2025. Accepted by: RAMBOLL AMERICAS ENGINEERING SOLUTIONS, INC. By: Ron Horan Title: Senior Project Scientist Date: 10/3/2025 Signature: Approved by: CITY OF ELGIN By: Richard G. Kozal Title: City Manager Date: October Signature: t/.„ Legal Dept\Agreement\Ramboll-Change Order No.2-356-358 Dundee Ave-10-3-25.doc.docx EXHIBITA ENVIRONMENT & HEALTH Mr. Christopher J. Beck Corporation Counsel City of Elgin 150 Dexter Court Elgin, IL 60120 Proposal for Well Removals 356-358 Dundee Avenue, Elgin, Illinois Ramboll Project No. 1940103444 Dear Mr. Beck: May 13,2025 Ramboll Americas Engineering Solutions, Inc. (Ramboll) is pleased to submit this proposal to remove and seal monitoring wells at the above-referenced site. The proposed services will be conducted in general accordance with the procedures and requirements of the Illinois Water Well Construction Code (77 Illinois Administrative Code [IAC] Part 920). BACKGROUND AND PROJECT UNDERSTANDING Ramboll The City of Elgin (City) owns the 356-358 Dundee Avenue site which is Identified 333 West Wacker Dnve Suite 2700 by Parcel Identification Number (PIN) 06-13-102-024. The site consists of a Chicago,IL 60606 0.079-acre parcel of land that is surrounded by several other City-owned parcels USA including 350 Dundee Avenue to the south, and 309 Cherry Street to the north. T+1 312 288 3800 Upon purchase of the site in 2022, the City demolished a single story, two-unit F+1 312 288 3801 commercial building on the site that covered 2,087 square feet (SF) of the site. https://ramboll.com The site was enrolled in the Illinois Environmental Protection Agency (IEPA) Site Remediation Program (SRP) on January 9, 2023. A focused site investigation was CRM#227819 conducted to characterize soil and groundwater conditions. A total of four, 2-inch, permanent monitoring wells were installed on and in the vicinity of the site to a depth of 30 feet below ground surface (bgs). Following Investigation activities, the site was granted closure and was issued a Focused No Further Remediation (NFR) Letter by the IEPA on March 31, 2025. SCOPE OF SERVICES Task 1000 - Well Removals As described above, four stickup monitoring wells remain on and in the vicinity of the site following the issuance of the NFR Letter. Per the Illinois Water Well Construction Code, wells that are no longer in use have the potential for transmitting contaminants into an aquifer or otherwise threaten the public health or safety. Therefore, Ramboll proposes removing and sealing these four monitoring wells. As required by the Illinois Water Well Construction Code, Ramboll will subcontract a licensed water well driller to remove and seal the four monitoring wells. Ramboll and its licensed subcontractor will follow the requirements found in Section 920.120 of the Illinois Water Well Construction Code, which includes removing, at a minimum, the upper two feet of well casing, sealing the borehole with bentonite, neat cement, or other materials, and submitting a Illinois Department of Public Health (IDPH) Water Well Sealing Form to the Kane County Health Department within 30 days of the monitoring wells being 1/3 356-358 Dundee Ave SRP Well Removal Proposal TLH.docx Confl dent laI RAMB t. sealed. The information required in the Water Well Sealing Form is described in Section 920.120(e)(2) of the Illinois Water Well Construction Code. The monitoring well borehole will be sealed and restored to match the existing ground surface (bare soil). COMPENSATION AND TERMS Ramboll proposes to complete the scope of work as described herein on a time and materials basis with an estimated not-to-exceed fee of$5,405.00, which includes Ramboll's professional labor costs using updated 2025 billing rates, subcontracted drilling services, and travel/direct expenses required to complete this scope of work. A detailed cost breakdown is provided as Attachment 1. Schedule Ramboll is prepared to initiate project activities upon written authorization from the client to proceed. Ramboll anticipates that the removal and sealing activities can be scheduled within 10 to 15 business days of authorization assuming there are no site access restrictions and pending the licensed water well driller's availability. Ramboll will work with the driller to submit the sealing forms to the Kane County Health Department within 30 days of well sealing and will provide copies of these forms to the City. Terms and Conditions Terms and conditions for the work will be in accordance with Ramboll's standard service terms (Attachment 2) dated December 7, 2022, previously executed between Ramboll and the City of Elgin as part of the original work order for the site. 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 updated 2025 Preferred Fee Schedule (Attachment 3). Assumptions The following general cost assumptions have been considered in developing the scope of services and project fee: 1. 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. The City will be notified of the need to upgrade prior to doing the work. 2. 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. 3. Field work will be performed under reasonable weather conditions and without major weather delays or interruptions. The City will be notified within the same day, if weather delays occur 4. Field work anticipates the use of standard GeoProb&M equipment for monitoring well removal, Extra costs may accrue for specialty drilling equipment, if necessary, based on site conditions. 5. The City will provide the legal right of entry to the site and adjacent City-owned properties. The City will assist in notifying the appropriate agencies including the police department of Ramboll's site presence and work. 6. The project budget assumes clear access to the locations where well activities are to occur. If access is obstructed, the City will assist in clearing the site for access. 2/3 356-358 Dundee Ave SRP Well Removal Proposal TLH.docx Confidential 7. The project budget does not include cost for extensive restoration activities. 8. Costs to address multiple reviews by additional third parties that require submittal of additional well sealing form drafts or labor are not included in the budget. 9 This proposal does not include responding to future comments or review letters from the Kane County Health Department. Such efforts will be performed under a separate scope of work. 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 if you have any questions regarding this proposal. Sincerely, Ron Horan, PG, CHMM Tracy L. Hofmann, PE Senior Project Scientist Managing Engineer Attachments: Attachment 1 - Summary of Estimated Costs Attachment 2 - Standard Service Terms and Conditions Attachment 3 - 2025 Preferred Fee Schedule ACCEPTANCE AND AUTHORIZATION TO PROCEED: CITY OF EL By: - ,e/6012 :Z Name: Richard G. Kozal Title: City Manager Date: May 21, 2025 3/3 356-358 Dundee Ave SRP Well Removal Proposal TLH.docx Confidential CLIENT:City of Elgin PROJECT DESCRIPTION:356-358 Dundee Ave.-Well Abandonments PROJECT/PROPOSAL:1940103444 RAMBOLL PROJECT MANAGER:T.Hofmann Task Number: Task 1000 Task Description Well Abandonments PERSONNEL PP jerred Rote Senior Engineer Hours 4 Hohmann -- _ $204 Costs --- 816 Scientist 3 Hours 12 M.Davis or R Horon --- $162 Costs --- 2184 Adminstrattve Hours 2 I.Plamann —$105 Costs 210 Hours 18 SUBTOTAL LABOR Costs $3,210 Administrative 6.0% Fee $193 SUBTOTAL LABOR WITH ADMINISTRATIVE $3,403 CUENT:City of Elgin PROJECT/PROPOSAL:1940103444 Task Number: Task 1A00 Task Description: Well Abandonments EXP(NS(S G W Sampling Supplies $0 Field Equipment(PID,Samphng,GPS) $0 PPE Supplies $0 Vehkes/Mileage $148 Sue TOTALE%PENSES $148 REBILLABLES Lodging SO Meals $0 Travel Air,Train,Bus,Cab) $0 Safety Audit $0 Rental Vehicles 5100 S.0%Fee $5 Sub Total $105 —— Per Dlem:Meals&Expenses(GSA OvemlgM5SA eater: No Fee SO Per Diem:Meals&Expenses(GSA Day Rate)OSA Rater No Fee $D Sub Total--_—_--SO ----• Misc.Prof.Materials/SupplIes(shipping) S50 10.0%Fee $5 Sub Total $55 SUBTOTAL REBIUABLES $160 SUBCONIRACT SERVICES Drilllna Subcontractor Earth Solutions,St.Charles 1-Day On-Ste Services $1,540 AVE/CONSUL TANTSaRWCES $0 SO Subtotal $1,540 Administrative Fee 10.0%Fee $154 SUBTOTAL SUB.SERVICES $1,694 TOTAL ESTIMATED COSTS $5r405 ,off swnrwy rnaawM s/wwn RAM BOLL AMERICAS ENGINEERING SOLUTIONS, INC. STANDARD SERVICE TERMS AND CONDITIONS 3 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 2) 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 solely responsible for terms on the face of any Purchase or Change Order and the other Exhibits Incorporated In this Proposal. federal,state and locall complying with all applicable, employment,wage,tax,and b) Law shall mean federal,state, local and other Insurance laws and licensing requirements. jurisdictional statutes, laws,ordinances, rules, 6. Standard of Care. RAMBOLL agrees to correct or re- regulations,and codes 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 expenses y'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 d) RAMBOLL shall mean the Ramboll company issuing expertise that develop after the Services are performed. the Proposal, Ramboll Americas Engineering The services and all deliverables are rendered based on Solutions,Inc., unless otherwise stated in the the specific circumstances and conditions described in Proposal. RAMBOLL's Proposal and are Intended for use by the Client only in connection with the purpose set forth in e) 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). RAM ROLL 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, performed by RAMBOLL and Its subcontractors as RAMBOLL shall maintain insurance in amounts not less described in the Proposal. than shown: 2. Changes in Scope. Client shall have the right within the general purpose and intent of the Project to change, a)Worker's Statutory amount add or delete items from Services in writing and subject Compensation where Services are only to the agreement of RAMBOLL with respect to the _ __ performed effect on cost and schedule. bj Automobile Si 000 000 c) General Liability $1000,000__ -t. Payment. Payment of RAMBOLL's monthly Invoice shall d)Professional be due upon receipt. Balances more than thirty(30) $1,000,000 days past due shall accrue interest at the rate of 1%per _ month or part thereof until paid. e el Excess Umbrella__ ;3,000,000 on"b"&"c" 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 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:9/2022 I PAGE 1 9. Compliance with Law. RAMBOLL shall comply with all a) maintain a designated representative,who shall be Law applicable to Services, Including federal and state reasonably available to meet with RAMBOLL on Equal Opportunity Laws,orders and regulations, and Client's behalf; further, RAMBOLL shall not discriminate against any b) provide RAMBOLL with all relevant Project related employee or applicant for employment on the basis of data available to Client,and unless otherwise race,color, religion,sex,sexual orientation,gender provided in the Scope of Services,Client shall identity, national origin,age,physical and mental provide RAMBOLL with accurate,current land disability,or veteran status. surveys showing the location of on-site utilities and RAMBOLL will not provide development, design, subsurface structures,test boring logs and other manufacture,assembly,testing,maintenance,repairs, subsurface information necessary for performance of instruction,advice,training,transmission of know-how, Services; or consulting services in relation to projects involving c) provide all negotiation for, and acquisition of, lands, items that are subject to applicable legal trade rights-of-way and easements required for restrictions including restrictions on items that performance of Services; originated in Russia or Belarus or that have been (i) arrange for access,entry and use of property of exported from Russia or Belarus(as such restrictions Client(including utilities thereon)and others, as and are amended from time to time). Client therefore when reasonably required by RAMBOLL for represents and warrants that the project will not require performance of Services. RAMBOLL to provide any of the services set out above, 1:1, Additional Cost or Delay. RAMBOLL shall not be or any other technical services,in relation to these Items. RAMBOLL may terminate this Agreement responsible or liable for delay or additional Project cost Immediately on written notice if RAMBOLL has cause to resulting from: suspect that the Project may involve any services a) the lack or Insufficiency of performance by any relating to any of the above Items. Client shall indemnify person or entity not selected by,engaged by, and RAMBOLL against all liabilities, costs,expenses, responsible to RAMBOLL, damages and losses(including but not limited to any b) changes,delays or additional Services not direct,Indirect or consequential losses, loss of profit, necessitated by the acts or omissions of RAMBOLL, loss of reputation and all Interest, penalties and legal c) unreasonable or repeated delay In response to costs and all other professional costs and expenses) requests,applications or reviews by Client or third suffered or Incurred by RAMBOLL arising out of a breach parties. of this warranty and/or a termination by RAMBOLL.In d) damage to underground utilities or structures not such circumstances RAMBOLL shall be entitled to invoice y located on plans,maps or figurestel the Client,and to be paid, In respect of all work carried accurately elfurnished to RAMBOLL out and all expenses incurred by RAMBOLL up to and including the date of notice of termination.Moreover, in Change In Law. Client shall bear the cost of any such circumstances RAMBOLL has no liability towards material change in or addition to Services resulting from the Client. a change In Law or Interpretation effective after the date 10.Confldentlality. Except when I)authorized by Client of this Agreement. in writing, 2)previously and Independently known, 3) It Force Majeure. RAMBOLL, and its affiliates,shall not subsequently published through no fault of RAMBOLL or be liable In any way because of any delay or failure In 4) lawfully obtained from a third party having performance due to circumstances or causes beyond its independent knowledge,RAMBOLL shall treat as control,which shall be deemed to Include without confidential all information obtained from Client. limitation strike, lockout, embargo,epidemic,pandemic, RAMBOLL shall provide Client with reasonable notice of or other outbreak of disease,quarantine restrictions, and an opportunity to legally resist any effort by a third riot,war,act of terrorism,cyber-attack, flood,fire,act party to obtain disclosure of confidential Information. of God,act of the federal or state government, accident, RAMBOLL shall be permitted to comply with any judicial failure or breakdown of components necessary to order order. Client Information marked confidential shall be completion, Client,subcontractor or supplier delay or returned to Client at the conclusion of Services, non-performance,inability to obtain or shortages In 1 Patents. Patentable ideas,products,equipment, labor,materials,protective gear, other supplies or materials or processes ("Ideas")developed, In whole or manufacturing facilities,compliance with any Law,or in part,with proprietary Information or assistance of circumstances or conditions which In the discretion of Client shall be the property of Client; provided, RAM BOLLY pose a material risk to the health or however,that RAMBOLL shall have an unlimited, royalty safety of the employees of RAMBOLL,its affiliates or free, nonexclusive, nontransferable(other than to its subcontractors. In any such event, RAMBOLL shall give successors),world-wide license for their use, prompt notice to Client of the event or circumstance and reproduction,manufacture and sale. Ideas developed by RAMBOLL will be entitled to an equitable adjustment in RAMBOLL during or as part of its performance of the the time for performance of the Services and to Services which do not depend on proprietary equitable compensation from Client for the time information or assistance provided by Client shall be the expended and expenses incurred by RAMBOLL with property of RAMBOLL; provided, however,that Client respect to the Project. shall have an unlimited, royalty free, nonexclusive, 16 Other Use of Results. Client acknowledges that nontransferable license for their use by and for Client, deliverable documents,drawings and data in whatever 12. Client Responsibilities. Client shall on a continuing form("Documents")produced directly or indirectly basis throughout the term of this Agreement: through the efforts of RAMBOLL in performing Services and any analyses,recommendations,or conclusions ("Results")they contain are based upon the specific REV: 9/2022 I PAGE 2 circumstances and conditions of the Project and are other prompt written notice of the specific subject(s) Intended solely for use by Client In connection with the and/or circumstance(s) In Dispute. If the Dispute Is not Project. resolved to the mutual satisfaction of the parties within Any change or other than agreed upon use of ten(10) days of receiving notice,either party may Documents or Results shall be at the sole risk of Client. request mediation. Mediation shall be 1)by a qualified, Regardless of when delivered, Documents and Results experienced mediator agreeable to both parties as shall become the property of Client upon RAMBOLL's supplied by the American Arbitration Association, receipt of payment. Client agrees to defend, indemnify Endlspute, Inc.,or other mutually agreeable source,2) and hold harmless RAMBOLL from and against any and at the earliest available date of the mediator,and 3) in all Losses arising from Client's direct or indirect use of the major city closest to the Project site where Documents or Results,other than in connection with RAMBOLL's Services are performed or as otherwise Project. agreed by the parties. The cost of mediation services shall be shared equally by the parties. .17. Suspension of Services. 2.2. Termination. Either party shall have the right to a) Client shall have the right to suspend all or part of terminate this Agreement without cause upon thirty the Services, provided,Client gives RAMBOLL at (30)days' notice. least seven(7)days'notice of the dates each 23. Modification. This Agreement shall not be modified or suspension is to begin and end. In the event Client suspends Services for period(s)totaling more than replaced, in whole or In part,except by written ninety(90)days,Client agrees to pay reasonable amendment signed by both parties. costs Incurred by RAM BOLL In(I)preserving and 24. Notice. All notices shall be given to the other party in documenting Services performed or in progress,and writing by hand delivery, by express service providing (il)demobilizing and remobilizing Services. proof of delivery, by facsimile transmission and/or by b) In the event Client does not make timely payment of registered mail, postage paid, return receipt requested, the Invoiced amounts as provided herein, RAMBOLL at the address appearing on the first page of this shall in addition to its other rights, have the right, Agreement or such other address as the parties shall upon seven(7)days'notice,to suspend performance from time to time give notice. of all or part of the Services until(I)all past due 7 Interpretation. This Agreement shall be interpreted amounts are paid,and(II)satisfactory assurance of and enforced in accordance with the Laws of the State prompt future payment is received. of New York except for its choice of law rules. =e. Indemnification. 7F 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, 7 7 Waiver. Unless otherwise agreed in writing, neither officers,employees,and Its agents,subcontractors, parry's waiver of the other's breach of any term or successors and assigns. condition contained In this Agreement shall be deemed a b) 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, 29. 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. '1. Limitation of Damages. The parties waive any right they may have at law or In equity to demand or receive consequential or punitive damages. 2:-. Liability. The maximum liability of RAMBOLL, Its directors,officers,employees and Its agents, subcontractors,successors and assigns to Client pursuant to this Agreement, including paragraphs 6 and/or 18a of these Standard Service Terms& Conditions,shall be limited to Five(5)times the Agreement amount,but In no event more than $1,000,000. 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 REV:S/2012 I PAGE 3 ENVIRONMENT & HEALTH CONFIDENTIAL Rambo!! Americas Engineering Solutions, Inc. - Midwest Central PREFERRED FEE SCHEDULE Effective May 1, 2025 Personnel Category 3FA Level Hourly Billing Rate Officer/Director/ Principal L09 $264 Project/Technical/ Division Manager 2 L08 $235 Project/Technical/ Division Manager 1 L07 $204 Engineer 3/ Scientist 3 L06 $182 Engineer 2/Scientist 2 L05 $145 Engineer 1 /Scientist 1 L04 $124 Business Professional 2 L05,. $138 Business Professional 1 L04 $119 Senior Technician L03 $101 Technician/ Intern L02 $79 Administrative Assistant LQ3 $101 • Project Expenses Travel, lodging, meals, fuel, rental vehicle Cost + 5% Field equipment, supplies, company vehicles, mileage, per diem Per unit rates In-house expenses (e.g., computers, software and support, phOtocopies.,rofflce supplies, 6%of invoiced labor long-distance telephone, pdstage,•project closeout, file storage) Rebillables Vendor expenses (e.g., material4, external drawing and document reproduction, Cost + 10% express delivery,.misceilaneous field supplies) — -- Subcontracted Services Drilling, laboratory, and other subcontractors and subconsultants Cost+ 10% Note: A labor multiplier of 1.5 times the normal rate will be used for all staff providing sworn testimony. 1/1 Preferred Fee Schedule_2O24-2025_RAES MWC`RevO.dooc