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99-150 Resolution No. 99-150 RESOLUTION APPROVING CHANGE ORDER NO. 5 IN THE CONTRACT WITH R.W. DUNTEMAN CO. FOR THE KIMBALL STREET IMPROVEMENTS PROJECT WHEREAS, the City of Elgin has heretofore entered into a contract with R.W. Dunteman Co. for the Kimball Street improvements project; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 5, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute Change Order No. 5, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: May 26, 1999 Adopted: May 26, 1999 Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ELGIN,ILLINOIS PROJECT No, 339553 CHANGE ORDER No. 5 SCOPE: This Change Order No. 5 will provide additional items necessary to complete the Kimball Street Improvements Project in an acceptable manner. The general contractor for this project is R.W. Dunteman Co. of Addison, IL. A LSONS FOR CHANGE: The circumstances necessitating the change in performance were not reasonably foreseeable at the time the contract was signed. SUMMARY OF CHANGES IN CONTRACT AMOUNT: The amount the contract will be revised is as follows: SEE ATTACHMENT A The original contract with R.W. Dunteman Co. is $5,422,038.75. By reason of Change Order No. 1, the contract for the Kimball Street Improvements Project increased in the amount of two hundred fifty-four thousand five and 07/100 dollars ($254,005.07). By reason of Change Order No. 2, the contract for the Kimball Street Improvements increased in the amount of twenty-one thousand ninety-nine and 90/100 dollars ($21,099.90). By reason of Change order No. 3, the contract for the Kimball Street Improvements increased in the amount of thirty-seven thousand one hundred fifty-two and 96/100 dollars($37,152.96). By reason of Change Order No. 4, the contract for the Kimball Street Improvements increased in the amount of four hundred thirty and 89/100 dollars ($430.89). By reason of Change Order No. 5, the contract for the Kimball Street Improvements will be increased in the amount of one hundred five-thousand six-hundred six and 82/100 dollars($105,606.82). The new contract amount, inclusive of Change Orders No. 1,No. 2,No. 3,No. 4 and No. 5 is five million eight hundred forty thousand three hundred thirty-four and 42/100 dollars ($5,840,334.42). CHANGE ORDER No.5 May 6, 1999 Page 2 OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. Agreed to this day of , 1999. Recommended: ENGINEERING DIVISION By: iA --e-- Title: Date: S=6- 'P Accepted: R.W. Dunteman CO. Party of th Second Part "o t : or) By: di .LI Title: Date: ■ /9/ Approved: CITY OF ELGIN Party o he First Part (Own By: _ �ti�G . Title: C 1 / 1.4i442/o i.. Date: � ll�� ATTACHMENT A Change Order No. 5 12/31/98 KIMBALL STREET/STATE STREET IMPROVEMENTS CHANGE ORDER#5 ITEM# DESCRIPTION QUANTITY UNIT $\UNIT TOTALS 317 RWD O.T. CLAIM FOR UTILITY CONFLICTS 1 LS $18,772.53 $18,772.53 318 VIRGIL COOK-MAINTENANCE OF TEMPS. 1 LS $5,411.23 $5,411.23 319 CAMPOBASSO-CONC. @ MH FRAMES 1 LS $450.93 $450.93 320 CAMPOBASSO-WINTER PROTECTION 1 LS $4,840.93 $4,840.93 321 CAMPOBASSO-EXTRA CONC. IN MEDIANS 1 LS $5,044.56 $5,044.56 322 CAMPOBASSO-EXTRA CONC. FOR CURB 1 LS $5,814.31 $5,814.31 323 CAMPOBASSO-LABOR/MATRL. INCREASE 1 LS $2,315.49 $2,315.49 - 324 V. &R. -4"TOPSOIL INCREASE 5530 SY $0.10 $553.00 325 V. &R. - 12"TOPSOIL INCREASE 4000 SY $0.30 $1,200.00 326 V. &R. -SOIL FOR TREE PITS INCREASE 587 CY $2.00 $1,174.00 327 V. &R.-SODDING INCREASE 5530 SY $0.12 $663.60 328 V. &R.-HONEY LOCUST INCREASE 96 EA $12.00 $1,152.00 329 V. &R.-METAL EDGING INCREASE 2500 LF $0.25 $625.00 330 V. &R.-LABOR INCREASE 1 LS $2,974.00 $2,974.00 . 331 W.L.I. -TRAFFIC CONTROL CLAIM 1 LS $13,114.91 $13,114.91 332 R.W.D. -DELAY COSTS FOR 1998 1 LS $9,971.48 $9,971.48 333 R.W.D. -BIT. COLD PATCH 152.5 TON $140.00 $21,350.00 334 R.W.D. -CONCRETE STEPS 1 LS $12,625.00 $12,625.00 335 R.W.D. -IRRIGATION REPAIR 1 LS $14,455.00 $14,455.00 336 R.W.D. -RAILROAD TRACK SALVAGE 1 LS $1,800.00 $1,800.00 337 R.W.D. -TEMP. RAMPS ON ROUTE 31 1 LS $1,961.94 $1,961.94 338 R.W.D. -REMOVE TEMP. RAMPS KIMBALL 1 LS $4,689.10 $4,689.10 339 R.W.D.-SWEEPING OF LAWRENCE AVE. 1 LS $617.02 $617.02 340 R.W.D. -R&R GRAVEL MULCH w/WOOD 1 LS $1,466.00 $1,466.00 341 R.W.D. -BIT. DRIVE @ 217 LAWRENCE 1 LS $2,742.64 $2,742.64 342 R.W.D. - REMOVE TEMP. RAMPS KIMBALL 1 LS $1,822.15 $1,822.15 343 R.W.D. -LIQUIDATED DAMAGES 1 LS ($32,000.00) ($32,000.00) $105,606.82 TOTAL C C O#5 • 12/31/98 KIMBALL STREET/STATE STREET IMPROVEMENTS-ELGIN,ILLINOIS CHANGE ORDER #5 SUMMARY ITEM# DESCRIPTION EXPLANATION 317 RWD OT CLAIM FOR UTILITY CONFLICTS -CHARGES FOR RE-MOBILIZATIONS DUE TO COMED UTILITY CONFLICTS AND FUEL TANK CONFLICTS @ DUNDEE AVE. 318 VIRGIL COOK(ELECTRICAL SUB.) -MAINTENANCE OF TEMPORARY SIGNALS 319 CAMPOBASSO(CONCRETE SUB.) -ADDITIONAL CONCRETE AROUND MANHOLE FRAMES 320 CAMPOBASSO -WINTER PROTECTION FOR CURB ON KIMBALL ST. 321 CAMPOBASSO -ADDITIONAL CONCRETE USED IN STATE ST.MEDIANS 322 CAMPOBASSO -ADDITIONAL CONCRETE USED TO BUILD UP CURB ON LAWRENCE AVE. 323 CAMPOBASSO -LABOR AND MATERIAL INCREASES(FOR JUNE 98-AUG.98) 324 V&R(LANDSCAPING SUB.) -4"TOPSOIL MATERIAL INCREASE 325 V&R -12"TOPSOIL MATERIAL INCREASE 326 V&R -TOPSOIL FOR TREE PITS MATERIAL INCREASE 327 V&R -SODDING MATERIAL INCREASE 328 V&R -HONEY LOCUST MATERIAL INCREASE 329 V&R -METAL EDGING MATERIAL INCREASE 330 V&R -LABOR AND MATERIAL INCREASES(JUNE 98-AUG.98) 331 WLI(TRAFFIC CONTROL SUB.) -ADDITIONAL TRAFFIC CONTROL USED DURING WINTER SUSPENSION AND DELAY OF BRIDGE OPENING BY METRA 332 R.W.DUNTEMAN -INCREASED LABOR AND MATERIAL COSTS FOR 1998 333 R.W.DUNTEMAN(COLD PATCH) -USED AT TEMPORARY X-INGS ON KIMBALL AND ON STATE ST. 334 R.W.DUNTEMAN(CONCRETE STEPS) -DESIGN CHANGE IN PROFILE OF LAWRENCE AVE. REQUIRED STEPS. 335 R.W.DUNTEMAN(IRRIGATION REPAIRS) -REPAIR OF IRRIGATION SYSTEMS AT FOUNDRY AND NEWSOME PARKS DO TO PROPOSED ROADWAY WIDENING OF ROUTE 31 AND KIMBALL ST.AND DUNDEE AVE.AND KIMBALL ST. 336 R.W.DUNTEMAN -REIMBURSEMENT OF RAILROAD TRACK SALVAGE VALUE TO R.W.D. 337 R.W.DUNTEMAN - PLACEMENT OF TEMPORARY ASPHALT RAMPS ON ROUTE 31 FOR NORTHBOUND TRAFFIC. 338 R.W. DUNTEMAN - REMOVAL OF TEMPORARY ASPHALT RAMPS ON WESTBOUND KIMBALL ST. 339 R.W.DUNTEMAN - SWEEPING TEMPORARY RAMP AREAS FOR DRIVEWAYS ON LAWRENCE AVE. 340 V&R - REMOVAL OF GRAVEL MULCH FROM TREE PITS AND REPLACE WITH WOOD MULCH. 341 R.W.DUNTEMAN - PLACEMENT OF BITUMINOUS DRIVEWAY @ 217 LAWRENCE AVE. (DENNIS CURTIS BOILER CO.) 342 R.W.DUNTEMAN - REMOVAL OF ASPHALT RAMPS AROUND MANHOLES ON KIMBALL ST. 343 R.W.DUNTEMAN -DAMAGES ASSESSED BEYOND FINAL COMPLETION DATE • r (A) nw�' `6" City of Elgin I g i n Agenda Item No. May 14 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Authorization of Change Order No. 5, Final Payment and Acceptance of the Kimball Street and State Street Improvements Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider acceptance of the subject improvements and the authorization of Change Order No. 5 and final payment . BACKGROUND The City Council awarded the contract for the Kimball Street Improvements construction project to R.W. Dunteman Co. on February 26, 1997 . Change Order No. ' s 1, 2 , 3 and 4 adding additional contract items were approved at previous Council meetings in 1997 . These Change Orders can be summarized as follows : Change Order Item Cost 1 Bridge Handrail and Parapet Wall Enhancements " $ 254 , 005 . 06 2 24" Storm/Sanitary Sewer Repair on Brook Street 21, 099 . 90 3 42" Storm Sewer Repair on State Street 37, 152 . 96 4 Temporary Traffic Controller Modifications at State Street 430 . 89 Construction began on April 4 , 1997 and was completed on September 4 , 1998 . The project reconstructed Kimball Street from State Street (IL Route 31) to Dundee Avenue. The project included widening Kimball Street to four lanes with dedicated turn lanes, new signals at six intersections, major intersec- tion widening at State Street and Dundee Avenue, the widening of the Kimball Street bridge and new decorative parapet walls, the addition of a landscaped median, decorative street lighting and new storm sewer. ' Accpt/Fnl Pymnt Kimball/State St . May 14 , 1999 Page 2 R.W. Dunteman Co. has completed the project in compliance rift. with the plans and specifications, as verified by Earth Tech, Inc. (formerly RUST E&I) , the engineering firm hired to oversee the project . Change Order No. 5 ($105, 606 . 82) is for additional costs incurred during construction. Of this amount, $53 , 085 . 62 is for labor and material cost increases for work not completed at the end of 1997 as originally scheduled. Because the permit to widen the street at the METRA crossing was not received as originally anticipated, much of the work was delayed for several months. This delay did not allow the contractor to complete concrete, landscaping and paving operations as originally scheduled. Because these operations carried over into 1998, there were labor and material cost increases . The remaining items in the change order ($52, 521 . 20) are for irrigation system repairs at Foundry Park, contractor over time to resolve utility conflicts, additional concrete items and temporary pavement cold patch- ing to maintain intersection crossings and utility trenches . A letter of recommendation for approval of final payment and authorization of Change Order No. 5 from Earth Tech, Inc. is attached as Exhibit A. A copy of Change Order No. 5 is attached as Exhibit B. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. 7 /LF.INANCIAL IMPACT The final construction contract amount with R.W. Dunteman Co. is as follows : .Original Contract Amount $5, 422, 038 . 75 .Quantity Adjustments 61, 206 . 16 .Change Order No. 1, 2, 3 , 4 312, 688 . 81 .Change Order No. 5 105, 606 . 82 .Final Contract $5, 901, 540 . 54 Payments made to date total $5, 676, 292 . 66 Leaving a final payment of $ 225, 247 . 88 Funds for Change Order No. 5 and final payment ($225, 247 . 88) are available in the balance of account numbers 275-0000-791 . 93-80, 276-0000-791 . 93-80, 376-1000-795 . 93-80 and 396-1000-795 . 93-80, project number 339553 in the amount of $219, 938 . 83 . The remainder of the final payment ($5, 309 . 05) can be made from account number eft 275-0000-791 . 93-80, 1997 Neighborhood Street Rehabilitation projects savings . The amount available in this account is ' Accpt/Fnl Pymnt Kimball/State St . May 14 , 1999 Page 3 t $300, 000, which had been designated as a project contingency for the Kimball corridor project . A copy of the final payment estimate is attached as Exhibit C. The project was accounted for as follows: Account No. 275-0000-791 . 93-80 Budget : $ 530, 000 . R.W. Dunteman $ 257, 583 . 85 . METRA 188, 598 . 86 Total $ 446, 182 . 71 276-0000-791 . 93-80 Budget : $ 53 , 447 . R.W. Dunteman $ 34, 005 . 07 . Testing Service Corp: 15,402 . 70 . Miscellaneous 3 , 083 . 66 Total $ 52,491 .43 376-1000-795 . 93-80 Budget : $5, 080, 000 .R.W. Dunteman $5, 066, 895 . 23 .Testing Service Corp : 7, 369 . 54 (Material Testing) .Miscellaneous 1, 091 . 11 Total $5, 075, 355 . 88 396-1000-795 . 93-80 Budget : $1, 050, 000 .R.W. Dunteman $ 355, 143 . 52 .Earth Tech 564, 334 . 63* Total $ 919,478 . 15 Total Budget $6,713,447 .00 Expenditures 6,493,508.17 Balance $ 219,938 .83 * An amendment to the contract with Earth Tech will be pre- sented to City Council at a future date . This amendment will be for additional costs incurred due to design changes required by the Illinois Commerce Commission at the METRA tracks and the additional construction inspec- tion required due to contract delays as a result of the METRA crossing. Staff is in the process of negotiating the additional engineering costs, which are estimated to be $140, 000 . Accpt/Fnl Pymnt Kimball/State St . May 14 , 1999 Page 4 r‘ oilVf LEGAL IMPACT A lien has been filed against R.W. Dunteman by subcontractor Virgil Cook & Sons on this project . Final payment will not be made until the lien is removed. ALTERNATIVES None . RECOMMENDATION It is recommended that City Council authorize execution of Change Order No. 5, accept the completed project and author- ize final payment in the amount of $ 225, 247 . 88 to R. W. Dunteman Co. R= •ectfully sub ' tted, „ir ai GZA.4..._,./ J.yce C . Parker City Manager SP/do Attachment eft yizn U,IIie.rIVIll $.U111, ()Pk 13f1111k, fII137A1+ 6n521 May 5, 1999 City of Elgin 150 Dexter Court Elgin, IL 60120 Re: Kimball/State Street Improvements Change Order#5&Final Pay Estimate Dear Steve, •1'c lCCbonc Earth Tech, formally Rust Envituturient l &Infrastructure,recommends approval of change order number five and final payment for the above referenced project. 5 •s?a All terms and conditions have been met to allow for thc closing of thc project. Tf you have any questions or fiirther explanation is required,please do not hesitate 6.1.0.574.2007 to call. Sincerely, Brian Parks - Earth Tech(formally Rust E. &I.) cc: Dave Talbott Earth Tech • E A R • T H *1•+� T E C H