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Home My WebLink About97-58 Resolution No. 97-58 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH KEN CHELLBERG EXCAVATING, INC. FOR SITE IMPROVEMENT WORK AT THE ELGIN SPORTS COMPLEX WHEREAS, the City of Elgin has heretofore entered into a contract with Ken Chellberg Excavating, Inc. for site improvement work at the Elgin Sports Complex; 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 Robert O. Malm, Interim 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/ Kevin Kelly Kevin Kelly, Mayor Presented: February 26 , 1997 Adopted: February 26 , 1997 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk a ELGIN, ILLINOIS PROJECT # 95-061 CHANGE ORDER NO. 1 AND FINAL PAYOUT SCOPE: REMOVAL, HAULING AND DISPOSAL OF UNSUITABLE MATERIAL FROM THE ELGIN SPORTS COMPLEX AS REQUIRED BY THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY. The general contractor for this project is Ken Chellberg Excavating of Norridge, Illinois . REASONS FOR CHANGE: Change Order No. 1 is required because the circumstances necessitating the change in performance are germane to the original contract as signed. When the project was bid, the estimated amount of unsuitable materials the IEPA was requiring the City to remove was estimated to be 2000 cubic yards . The contract stated that the removal of the materials was subject to the IEPA approval and that the total cost of the project would be established by calculating the unit price of eleven dollars per cubic yard of unsuitable materials removed. After the contractor began removing the unsuitable materials, the IEPA identified the presence of an additional 2000.5 cubic yards of unsuitable material covered under earthen mounds . Change Order No. is being requested to compensate the contractor for removing the hauling the additional 2000 . 5 cubic yards of unsuitable material identified by the IEPA. SUMMARY OF CHANGES IN CONTRACT AMOUNT: The amount of the contract will be revised as follows : ITEM CONTRACT UNIT PRICE ADD 2,000 .5 C.Y. X $11 . 00 per C.Y. _ $22 ,005 unsuitable material The original contract with Ken Chellberg Excavating is $27,000 . By reason of this Change Order #1, the contract for this removal, hauling and disposal of unsuitable material from the Elgin Sports Complex as required by the IEPA will be increased in the amount of twenty-two thousand five and 00/100 dollars ($22,005) . The final contract amount, inclusive of change order #1 is forty-nine thousand five and 00/100 dollars ($49, 005. 00) r 3 CHANGE ORDER NO. 1 January 14, 997 Page 2 . OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. Agreed to this ,' day of 7 , 1997. Recommended: PARKS AND RECREATION DEPARTMENT BY: Date: 21 l Q l Q'1 Accepted: Ken C lberg Excavating Party o th econd Part (Contractor) By: / Y1/�� Title: /1/2-7 Date: 51.71q'? Approved: CITY OF ELGIN Par?—lof:the first Part (Owner) By: 1 Title: 4.h, LA6hY( Date: Z 1 2.1 I q'1 (/`�.�OF p40 .ti ° City of Elgin Agenda Item No. February 7, 1997 TO: Mayor and Members of the City Council FROM: Robert O. Malm, Interim City Manager SUBJECT: Change Order No. 1 and Final Payout for IEPA-Required Site Improvement Work at the Elgin Sports Complex PURPOSE The purpose of this memorandum is to provide information to the Mayor and members of the City Council to consider Change Order No. 1 and Final Payment for the removal and disposal of unsuitable materials from the Elgin Sports Complex as directed by the IEPA. BACKGROUND In January 1995, the City was cited by the Illinois Environmental Protection Agency ( IEPA) for maintaining "unsuitable materials" at the Elgin Sports Complex. These materials included brush, junk and debris which was removed by Chellberg Excavating from the Chicago and Northwestern Railroad (C&NW) right-of-way between Lake Street and National Street. The IEPA estimated the amount of the unsuitable materials comprised approximately 2,000 cubic yards . Eleven bids were received for the removal of the materials, and on August 17 , 1995, the City Council received a memorandum recommending that the contract be awarded to Ken Chellberg Excavating, Inc . The memorandum noted that the final contract price may vary depending upon the actual number of cubic yards of unsuitable materials required to be removed by the IEPA. Once the contractor began uncovering the unsuitable material at the Elgin Sports Complex during the fall of 1995 , the IEPA discovered the presence of an additional 2 , 000 cubic yards of unsuitable material underneath the surface. The IEPA required the removal, hauling and disposal of this additional material . In November, 1995, the IEPA scheduled a pre-enforcement conference with Chellberg Excavating, Inc . , the Art Lootens & Sons landfill and the City because of its concerns that fek Chellberg Excavating, Inc. may have dumped non-clean fill from the Elgin Sports Complex at the Lootens landfill, a clean fill site. The IEPA investigated the Lootens landfill and did not discover any evidence that Chellberg improperly dumped non-clean fill from the Elgin Sports Complex at the Lootens landfill . IEPA-required Site Improvement Work February 7 , 1997 Page 2 For the past year, the City has directed the contractor to work with IEPA to secure formal closure to the matter. However, the IEPA' s staff attorney for this region, Paul Jegilo has stated that the IEPA does not issue written determinations or findings in response to its pre-enforcement conference investigations . He also indicated that because one year had passed since the pre-enforcement conference letter was issued, it is extremely unlikely that IEPA would be forwarding a complaint to the state' s attorney. The City has prepared, and Chellberg Excavating, Inc. has executed, an indemnification agreement that will protect the City in the event any action is taken by the IEPA within the next year. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT Expenses related to the original estimated bid amount were charged to the Public Works Refuse Services under the general classification "Refuse Services/Disposal" Account No. 010-3331-754-3302 . Sufficient funds exist in this account to cover this IEPA-directed removal . This change order is for $22 ,005 . 00 . The original contract was for $27 , 000 . The low total contract amount, inclusive of this change order, is $49, 005 . 00 . LEGAL IMPACT None. ALTERNATIVES None. IEPA-required Site Improvement Work February 7 , 1997 Page 3 RECOMMENDATION The recommendation is to approve this Change Order No. 1 and Final Payout to Ken Chellberg Excavating for $22 , 005 . 00 . Respectfully submitted, Monica Bates Parks and Recreation Director Michael A. Sarro Purchasing D' r�ctor 4rtu( d (&�7v David L. Lawry, P.E .�` ' Iprrec .r of Public Works : .9'Of CUL----. Rob-rt S . alm Interim City Manager r r