02-258 Resolution No. 02-258
RESOLUTION
APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH
ENSR INTERNATIONAL FOR SITE REMEDIATION AT 35 ANN STREET
WHEREAS, the City of Elgin has heretofore entered into a
contract with ENSR International for site remediation at 35 Ann
Street; and
WHEREAS, it is necessary and desirable to modify the terms of
the contract 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 Olufemi Folarin, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are 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/ Ed Schock
Ed Schock, Mayor
Presented: July 10, 2002
Adopted: July 10, 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
CHANGE ORDER NO. 1
ORIGINAL CONTRACT: The original contract with ENSR
International was dated October 4 , 2001, for services
related to the remediation of contamination associated with
underground storage tanks at the Public Works Facility at
35 Ann Street .
SCOPE: This Change Order will compensate ENSR
International for the additional activities required by The
Illinois Environmental Protection Agency (IEPA) to complete
remediation efforts at the Public Works Facility.
REASON FOR CHANGE: The original contract agreement with
ENSR provided for activities to satisfy IEPA requirements
for initial remediation activities associated with
contaminated soils at the Public Works Facility. The
agreement included completion and submittal of Office of
the Illinois State Fire Marshal (OSFM) Underground Storage
Tank (UST) Eligibility forms, creation of an IEPA Budget
and Site Classification Work Plan, and completion of the
site activities outlined in the approved IEPA Work Plan.
During the Work Plan activities of the original contract,
it was discovered that ground water at the site was
impacted by the contamination. In order to comply with
IEPA guidelines, additional borings, soil/water sampling
and field man hours were required to complete the task.
Based on the analytical results of the samples obtained
from these activities, additional work is mandated by IEPA.
A brief update letter to IEPA must be prepared, groundwater
investigation activities must be preformed, additional
boring must be advanced to determine the extent of the
contamination in the area, and a Site Classification
Completion Report must be formulated and submitted to IEPA
for review and approval .
STATUATORY BASIS FOR CHANGE ORDER: The circumstances, as
explained above, were not reasonably foreseeable at the
time the original contract was signed.
SUMMARY OF CHANGES AND CONTRACT AMOUNT: The original
contract will be revised as follows :
Original Contract Amount : $ 4 , 875
Change Order #1 Increase : 15, 832
New Total Contract Amount : 20 , 707
OTHER CONTRACT PROVISIONS : All other contract provisions
shall remain in full force and effect .
AGREED TO THIS DAY OF JULY, 2002 .
ENSR INTERNATIONAL CITY OF ELGIN
ByBy r City Ma tig er
ager
Attest :
City Clerk
F:\Legal Dept\Agreement\Change Order-ENSR-35 Ann St.doc
ENSR International
27755 Diehl Road,Suite 100
Warrenville, IL 60555-3998
(630)836-1700
FAX(630)836-1711
www.ensr.com
April 24, 2002
ENSR Proposal No: 09407-T16 (Rev. 1)
Mr. Raymond H. Moller
Director of Economic Development
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
SUBJECT: Request for Additional Work Authorization
Change Order No. 1
UST Investigation Activities—35 Ann Street, Elgin, Illinois
Dear Ray:
ENSR is submitting this request for a change order to provide additional budget authorization for
the Underground Storage Tank (UST) removal activities at 35 Ann Street, Elgin, Illinois.
Item A—Work Completed Through 4/1/02
Based on the Illinois EPA's conditional approval letter (March 15, 2002) of the Site
Classification Work Plan, the Agency indicated that additional site investigation activities would
be required at the Ann Street UST site if manmade migration pathways were encountered or if
groundwater was detected at the site. During ENSR's work activity on March 29, 2002, these
conditions were encountered and thus additional work was performed to address the Agency's
review comments.
The following extra work items were completed:
• Twelve (12) total soil borings in lieu of planned investigation of four (4) borings to address
potential migration pathways and extend the delineation of soil contamination. One full day
of drilling services (8 % hrs) was required on-site.
• Laboratory services for BTEX and PNA analysis of eight (8) soil samples and four (4)
groundwater samples in lieu of four (4) soil samples.
• Additional ENSR field oversight labor - 19 hours in lieu of 10 hours originally estimated.
The total additional cost of the above work is $2,89100. A cost breakdown and project cost
summary is attached.
® Over 30 Years of Excellence in Environmental Services
J:/Proposals/090/City of Elgin-35AnnStUST-C0#1.doc
E11�yt�
Mr. Raymond H. Moller
City of Elgin
April 24, 2002
Page 2
Item B — Proposed Additional Work Effort
Based on the laboratory results of the work completed on March 29, 2002, the following
additional services are expected to be required by the Illinois EPA to complete the Site
Classification process:
• Prepare a brief update letter to the Illinois EPA with the results obtained to date and a
revised budget request for completion of the additional work outlined herein.
• Groundwater Investigation — Based on the Agency's comments and the initial groundwater
sample results that indicate impacts to the groundwater, ENSR recommends conducting a
groundwater investigation consisting of the construction of five (5) groundwater monitoring
wells. The wells would be constructed and sampled for BTEX and PNA constituents in
accordance with Illinois EPA protocols. The monitoring wells will be surveyed to determine
the hydraulic gradient.
• Delineation of Soil Contamination — Due to the apparent impacts at the former pump
islands, ENSR will advance and sample an additional six (6) soil borings for BTEX and
PNAs.
• Following the completion of the above work items, a Site Classification Completion Report
will be prepared for submittal to the Illinois EPA.
Total estimated cost for the above items is $12,941.00.
Following the Site Classification steps, a Corrective Action Plan may be necessary to propose
a suitable remediation plan if soil and groundwater contamination is documented. This step is
a likely outcome based on the information collected to date and the City's plan to redevelop
the site for residential use. Costs for the corrective action steps will be estimated at a later
date.
ASSUMPTIONS
The following assumptions are made regarding the activities at this site:
• ENSR assumes a site plan will be made available prior to the field activities being
initiated and the City will identify any known utilities on the parcels.
• ENSR assumes that the City of Elgin will provide suitable access to the job site
area.
Over 30 Years of Excellence in Environmental Services
OL-It® Mr. Raymond H. Moller
City of Elgin
April 24, 2002
Page 3
• All underground obstructions, concrete pads, foundations, and utilities identified
by the Illinois utility locating service (JULIE) or upon visual inspection are
considered in the Base Proposal. Additional charges may apply in the event that
additional underground obstructions are discovered during field activities. ENSR
is not responsible for damage to utilities not specifically identified or located.
• All boreholes will be backfilled with the soil cuttings and capped with cement.
Waste disposal is not included in the Scope of Work.
We trust this letter is satisfactory to you. Please acknowledge acceptance of the proposed
budget changes by signing and returning the attached authorization form.
If you have any questions, please feel free to contact me at(630) 836-1700.
Sincerely,
ENSR Corporation
L/
John M. Nardozzi, P.E.
Sr. Regional Program Manager
cc: Steve Bone, City of Elgin
JMN:jla
Over 30 Years of Excellence in Environmental Services
CHANGE ORDER NO. 1
ACCEPTANCE OF PROPOSAL NO. 09407-T16 (REV. 1)
Attention: John M. Nardozzi, P.E.
Dated: April 24, 2002
The above scope of services, project costs and ENSR Commercial Terms and General
Conditions are hereby accepted. ENSR is authorized to perform the services as specified
below:
Item A—Work Completed $ 2,891.00
Item B— Proposed Additional Work $12,941.00
Total Change Order No. 1 $15,832.00
Signature:
Name:
Title:
Client: City of Elgin
Date:
Over 30 Years of Excellence in Environmental Services
(7/97)
City of Elgin
35 Ann Street UST Investigation
ENSR Project 09407-262,Task 200
I. Original Authorization ENSR Proposal Dated 10/4/01 $4,875
OSFM UST Eligibility Forms Completed per Budget
IEPA Budget Plan Completed per Budget
Well research Completed per Budget
II. Change Order No.1
Item A-Add'I Work Completed Through 4/1/02 Actual Budgeted Add'I Cost
Drilling Services-Rock&Soil 81/4 hours on site vs.1/2 Day estimated
for original scope $1,859 $825 $1,034
Laboratory-First Environmental 12 Samples,BTEX,PNAs vs.estiamted
scope of 4 samples. $1,819 $700 $1,119
ENSR Labor-Field Oversight 19 hrs vs. 10 hrs estimated $1,558 $820 $738
Subtotal-Item A-Add'I Work to Date $2,891
Item B-Additional Work Effort
Labor Subs ODCs Total
Revised IEPA Budget Plan To obtain approval of LUST Funds $1,311 $0 $25 $1,336
GW Monitoring Wells Five(5)Permanent Wells-2-inch PVC $3,232 $3,300 $615 $7,147
Soil Borings-6 Delineate area of impact
Site Classification Compl.Report $3,895 $0 $563 $4,458
Subtotal-Item B-Estimated Additional Work $8,438 $3,300 $1,203 $12,941
TOTAL CHANGE ORDER NO. 1 $15,832
PROJECT COST SUMMARY
Original Authorization $4,875
Change Order No.1 115,832
Total Estimated Project Cost $20,707
, r
City of Elgin Agenda Item No.
June 7, 2002
TO: Mayor and Members of the City Council ECONOMIC GROWTH
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Change Orders No. 1 and 2 for Underground Tank Site
Remediation located at Public Works Facility, 35 Ann
Street
PURPOSE
The purpose of this memorandum is to provide the Mayor and Members
of the City Council with information regarding the remediation of
contamination from leaking underground storage tanks at the Public
Works Facility at 35 Ann Street .
BACKGROUND
On February 21, 2001, four underground storage tanks were removed
at the Public Works Facility at 35 Ann Street . The presence of
odors and discolored soils were observed during the removal
operations and the Office of the Illinois State Fire Marshal
determined that the site was contaminated.
On March 12, 2001, all visible contamination was removed from the
tank excavation area and soil samples were taken to determine if
the site had been sufficiently remediated. The samples showed that
contamination was still present on the south wall of the tank
excavation and the Illinois Environmental Protection Agency (IEPA)
subsequently mandated that the City perform additional soil borings
and sampling to determine the extent of remaining contamination.
ENSR International was contracted to perform the required testing
at a cost of $4, 875 . It was anticipated that the area of
contamination was relatively small . ENSR' s scope of work included
four (4) borings, four (4) samples and ten (10) hours of field
labor. On March 29, 2001, ENSR conducted the contracted work
activity. Field testing of the samples indicated ground water at
the site had been impacted and underground utility pathways that
could carry contamination were discovered. In order to comply with
IEPA guidelines, eight (8) additional borings, four (4) additional
soil samples, nine (9) additional hours of field labor and four (4)
Underground Tank Site at Public Works Facility
June 7, 2002
Page 2
groundwater samples were obtained. The cost of Change Order #1 was
$2, 891 .
As a result of information obtained from the original ENSR contract
and Change Order #1, IEPA guidelines mandate that the following
work (Change Order #2) be performed.
1 . An update report detailing the results of the project
and a revised budget must be completed and forwarded to
IEPA for review and approval .
2 . A groundwater impact investigation, consisting of the
construction and subsequent sampling of five (5) monitoring
wells, must be conducted.
3 . Six (6) additional soil borings and six (6) soil samples
must be obtained in the area of the former pump islands to
determine the extent and delineation of contamination.
4 . After reviewing information obtained from the additional
field work, a Site Classification Completion Report must be
prepared and submitted to IEPA for review and comment .
ENSR has quoted a cost of $12, 941 for Change Order #2 . Depending
on the information obtained from the Change Order #2 project, a
Corrective Action Plan may be required if the City desires to
redevelop this property for residential use. Costs for this work
are not included in this project .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
NANCIAL IMPACT
The 2002 budget includes $25, 000 in account number 630-0000-796 . 30-
71, Risk Management Fund, Professional Services . The account has
a current balance of $20, 125 . The total cost of Change Orders #1
and #2 with ENSR is $15, 832 . The account would have a balance of
$4 , 184 if Change Orders #1 and #2 were approved.
The Office of the Illinois State Fire Marshal has approved
reimbursement for costs in excess of $10, 000 in conjunction with
the remediation of this site from the Leaking Underground Storage
Tank (LUST) Fund. Therefore, a portion of these costs would be
eligible for reimbursement under that program.
Underground Tank Site at Public Works Facility
June 7, 2002
Page 3
LEGAL IMPACT
A W/A Change Order will need to be drafted by the Legal Department .
ALTERNATIVES
Change Orders #1 and #2 are mandated by IEPA. The Change Order #2
Project could be delayed, but would eventually require completion.
RECOMMENDATION
It is recommended that the City Council approve Change Orders #1
and #2 totaling $15, 832 and proceed with the underground tank site
remediation of the Public Works Facility.
Respectfully submitted,
Olu emi F grin '
Interim ' ty ger
/sgb
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