97-58 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
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° 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
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