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00-206 Resolution No . 00-206 RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH WHITTAKER EXCAVATING FOR THE WING PARK FAMILY AQUATIC CENTER WHEREAS, the City of Elgin has heretofore entered into a contract with Whittaker Excavating for the Wing Park Family Aquatic Center; and WHEREAS, it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 3 , 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. 3 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: September 13 , 2000 Adopted: September 13 , 2000 Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Change Order No. 3 ORIGINAL CONTRACT: The original contract with Whittaker Excavating dated August, 1999 for the construction of the Wing Park Family Aquatic Center totaled $4,653,170. SCOPE: This Change Order#3 will compensate Whittaker Excavating for work related to performance improvements and City Code requirements unforeseen at the time of the original bid. REASONS FOR CHANGE: The circumstances necessitating the change were not reasonably foreseeable at the time the contract was signed. The additional issues are as follows: $25,973.76 Fire Sprinkler System- Requested by Fire Department following contract award and final plan review. $11,169.84 Plumbing Changes- Requested by Code Department following contract award and on-site inspections. $54,759.18 Performance Improvements- These entail safety improvements (fencing under water slide and add retaining wall), issues for expediting opening in July (sod in lieu of seed and contractor overtime), and general design improvements noted during pre-opening walk-through (add landscaping, add computer cables and add countertops). ($ 2,050) Credit- Stationary lifeguard chairs changed for portable chairs to improve safety coverage of lifeguards. $89,852.78 Total Change Order#3 SUMMARY OF CHANGES AND CONTRACT AMOUNT: The Whittaker Contract will be revised as follows: Original Contract: $4,653,170.00 Change Order#1* 0 Change Order#2 87,998.02 Change Order#3 89,852.78 New Total Contract $4,831,020.80 * Change Order#1 was to extend the completion date by 30 days and was approved at the time of contract. OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. AGREED TO THIS 5TH DAY OF SEPTEMBER, 2000. WHITTAKER EXCAVATING CITY OF ELGIN By B /2L_ Cit Manager OF City of Elgin Agenda Item No. p„.044 eisk E L September 7, 2000 G —3r4 N TO: Mayor and Members of the City Council 11E( Olt AT 1“NAI t I I.1..Rt i. 14 ALL 4- FROM: Joyce A. Parker, City Manager SUBJECT: Change Order No. 3 with Whittaker Excavating for the Wing Park Family Aquatic Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Change Order No. 3 to the Whittaker Excavating contract for the Wing Park Family Aquatic Center. rBACKGROUND In August 1999 the City Council awarded a contract with Whittaker Excavating for the construction of the Wing Park Family Aquatic Center in the amount of $4, 653, 170 . Included within the project funding was $50, 000 for utility work and $144, 000 in contingency. Change Order No. 1 was approved at the time the contract was approved and provided for an extension to the project completion date due to the floodway mapping and permit approval processing. Change Order No. 3 involves capital improvements and City code requirements . The change order cost breakdown is as follows : Fire Sprinkler System $25, 973. 76 City Code Requirements $11, 169. 84 add piping add bathhouse plumbing Performance Improvements $54, 759. 18 sod in lieu of seed add landscaping add retaining wall add computer cables contractor overtime add waterslide fence add counter tops t Change Order No. 3/Wing Park September 7, 2000 Page 2 Subtotal Change Order No. 3 $91, 902 . 78 Lifeguard Chair Deduct ($ 2, 050 . 00) Total Change Order No. 3 $89, 852 . 78 It is anticipated that a final change order will be processed for approximately $15, 000, to bring the project total over the initial budget by approximately $20, 500 . Hey and Associates was contracted after the initial budget was established, and prior to the bidding phase, for a cost of $21, 500 to acquire permits due to the floodway issues of the site. The additional Illinois Department of Health requirements, contractor premium costs to fast track work on evenings and weekends for a July opening, and performance improvements were elements of the contract where contingency funds were used. Since the grand opening of the Wing Park Family Aquatic Center on July 3rd, Whittaker Excavating continues to complete minor punch list items at the facility that do not affect operations . Final (ow completion is scheduled by the end of October. Additionally, the mechanical contractor will train staff on proper winterization procedures and will again perform and provide training on the start-up and winterization procedures for the 2001 season. Following the closure of the pool after Labor Day, a full report of this first season' s attendance and revenue will be compiled. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. D4KFINANCIAL IMPACT The budget for the Wing Park Family Aquatic Center, project number 509538, totaled $5. 538 million. Expenditures and encumbrances to date, including Change Order No. 3 for $89, 852 . 78, total $5, 543, 415 . The difference of $5, 415 can be funded from monies remaining in the Wing Park Pool repair project that were initially set aside to make repairs to the pool prior to the construction of the current aquatic center. A final accounting of the entire project will be presented along with the final change order and A�` close-out of the project . E Change Order No. 3/Wing Park September 7 , 2000 Page 3 LEGAL IMPACT None. ALTERNATIVES Option 1- Utilize the savings in the Public Works resurfacing account to fund the Whittaker Change Order No. 3 . Option 2- Determine another funding source other than the Public Works resurfacing account . RECOMMENDATION The recommendation is to approve Change Order No. 3 to the Whittaker Excavating contract for the Wing Park Family Aquatic Center construction in the amount of $89, 852 . 78 and to utilize the savings from the Public Works street resurfacing account . (11164 ctfully submitted, 4a - • Joy e A. Parker City Manager BURBACH AQUATICS, LLC 5974 HIGHWAY 80 SOUTH* P.O. BOX 721* PLA1TEVILLE,WI 53818 608-348-3262 FA/C:608-348-4970 5505 NORTH BERKELEY BLVD* WHITEFISH BAY,WI 53217 414-967-7005 FAX:414-967-7006 July 28, 2000 To: Monica Myers, Director Park & Recreation, City of Elgin Fax: 847-931-6144 From: Duane C. Wepking, Project Engineer Re: "Proposed Construction of the City of Elgin, Wing Park Family Aquatic Center, Change Order #3(revised#3). This memo is a summarization of the proposals presented by the contractor since Change Order #2. These proposals are first listed according to the contractors submittal sequence. This listing provides a brief description of the work, cost and status. The summary categorizes the proposals according the purpose of the work. The work categories are unforeseen work(UW), performance improvements(PI) and city code requirements(CC). The following list constitutes the change orders presented by the contractor to date: Contract CO#, Description Cost/Work Catagory Status 23. Add, additional cost over the $5,381.25 PI Recommend to allowance provided in the base bid Owner the landscape plan approved for the project. 24. Add, additional cost over the $24,535.68 CC Recommend to allowance provided in the base bid for Owner the bathhouse dry fire sprinkler system. 25. Add surveillance camera at second $ 318.26 PI Recommend to ticket booth. Owner 27. Add two sections of retaining wall $7,565.32 PI Recommend to including deduct for deck drain Owner collection pipe deletion. 26. Add sod in lieu of seed and mulch. 13,722.19 PI Recommend to Owner 28. Add upsizing of groundwater pumps. $ 779.45 PI Recommend to Owner 29. Deduct, exchange four permanent life guard chairs for four portable. $2,050.00 PI Recommend to Owner 30. Add, Electric space heater for $1,438.08 CC Recommend to dry fire sprinkler control room Owner 31. Add Cat 5 computer cable to 6 jack $4,880.03 PI Recommend to locations and 10 yard hydrants PA speakers Owner and cabling. 32. Add, General Contractor's mark-up for$3,334.58 PI Recommend to previouly approved work for the surveilance Owner and intercom improvments which was inadvertently omitted from Change Order #2. 35. Add additional rules for pool $ 117.88 PI Recommend to rule signage. Owner 36. Add water service pipe change $1,093.88 CC Recommend to per water utility request for water Owner testing. 37. Add premium time concrete deck $2,799.28 PI Recommend to construction and finish grading, Owner June 3, 2000. 39. Add premium time for concrete deck, $5,754.09 PI Recommend to pool painting and site finish grading Owner for period June 6-June 10, 2000 40. Add enlarged pump enclosure for $ 337.85 PI Recommend to second water slide pump. Owner 41. Add countertop for ticket booth. $1,181.11 PI Recommend to Owner 43. Add two emergency lights in $ 990.15 PI Recommend to bathhouse per building inspection Owner request. 45. Add premium time concrete deck $4,050.16 PI Recommend to construction, finish grading and Owner pool deck finish work June 14-17, 2000. 46. Add premium Saturday concrete $ 275.37 PI Recommend to charge for June 19, 2000. Owner 47. Add toilet accessories for DOH $1,297.80 PI Recommend to and ADA requirements. Owner 48. Add water closet exchange for $ 749.69 PI Recommend to women's ambulatory stall. Owner 49. Add hand sink and mop sink $4,898.89 PI Recommend to required by code for concession area. Owner 50. Add two hose bibs in bathhouse $ 364.23 PI Recommend to for wash down and cleaning. Owner 51. Add two 2" RPZ valves for $1,775.20 PI Recommend to plumbing code. Owner 52. Add waterslide 42" chain link $4,262.36 PI Recommend to patron barrier fence. Owner Summary Project Change Order Purpose/Work Category Value Status #1 Time Extension -0- Approved #2 ILDOH requirements $19,214.44 Approved Unforeseen Conditions 31,271.89 Tree preservation 2,915.90 Performance additions 15,038.03 Utility Improvements 19,557.76 Total Change Order #2 87,998.02 #3 Performance additions $62,785.14 City Code requirements 27,067.64 Total Change Order #3 $89,852.78 Under review Change Order #3 will not extend the substantial completion date. The contract substantial completion date is July 22, 2000. Any questions or comments regarding this memo should be directed to BA's Whitefish Bay office. Duane Wepking's mobil telephone number is 815-238-2581. fc: David F. Burbach, P.E. Change Order No. 3 ORIGINAL CONTRACT: The original contract with Whittaker Excavating dated August, 1999 for the construction of the Wing Park Family Aquatic Center totaled $4,653,170. SCOPE: This Change Order #3 will compensate Whittaker Excavating for work related to performance improvements and City Code requirements unforeseen at the time of the original bid. REASONS FOR CHANGE: The circumstances necessitating the change were not reasonably foreseeable at the time the contract was signed. The additional issues are as follows: $25,973.73 Fire Sprinkler System- Requested by Fire Department following contract award and final plan review. $11,169.84 Plumbing Changes- Requested by Code Department following contract award and on-site inspections. $54,759.18 Performance Improvements- These entail safety improvements (fencing under water slide and add retaining wall), issues for expediting opening in July(sod in lieu of seed and contractor overtime), and general design improvements noted during pre-opening walk-through(add landscaping, add computer cables and add countertops). ($ 2,050) Credit- Stationary lifeguard chairs changed for portable chairs to improve safety coverage of lifeguards. rb. $89,852.78 Total Change Order#3 • SUMMARY OF CHANGES AND CONTRACT AMOUNT: The Whittaker Contract will be revised as follows: Original Contract: $4,653,170 Change Order #1* 0 Change Order#2 84,437.98 Change Order#3 89,852.78 New Total Contract $4,827,460.76 * Change Order#1 was to extend the completion date by 30 days and was approved at the time of contract. OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. AGREED TO THIS DAY OF AUGUST, 2000. WHITTAKER EXCAVATING CITY OF ELGIN r By By City Manager BURBACH AQUATICS, LLC 5974 HIGHWAY 80 SOUTH* P.O. BOX 721* PLATTEVILLE,WI 53818 --" 608-348-3262 FAX:608-348-4970 5505 NORTH BERKELEY BLVD*WHITEFISH BAY,WI 53217 414-967-7005 FAX:414-967-7006 CHANGE ORDER Project Wing Park Family Aquatic Center Date July 28, 2000 Owner City of Elgin Change Order Number 03 Contractor Whittaker Excavating Changes Ordered: Add work for performance performance improvements, add $62,785.14. Add work for City Code requirements, add $27,067.64 Reason for Change Order: Performance improvements are for additions and clarifications for operational functions. The City Code additions were determined as a part of plan review by the code offical. CONTRACT PRICE: CONTRACT TIME: _ Not Changed xx Not Changed xx Increased by $ 89,852.78 Increased by Days Decreased by $ Decreased by Days ORIGINAL CONTRACT AMOUNT: $ 4,653,170.00 PREVIOUS CHANGES: $ 87,998.02 eisb. THIS CHANGE ORDER: $ 89,852.78 CONTRACT TOTAL: $ 4,831,020.80 The foregoing change, work affected thereby, is subject to all contract stipulations and covenants. ENGINEER Approval Recommended:A. Date: July 28, 2000 CONTRACTOR Accepted by: -v+ Date: 2 --/— 11-1-1 Title: OWNER Approved by: Date: Title: t BURBACH AQUATICS, LLC 5974 HIGHWAY 80 SOUTH* P.O. BOX 721* PLATTEVILLE,WI 53818 608-348-3262 FAX:608-348-4970 5505 NORTH BERKELEY BLVD* WHITEFISH BAY,WI 53217 414-967-7005 FAX:414-967-7006 July 28, 2000 To: Monica Myers, Director Park & Recreation, City of Elgin Fax: 847-931-6144 From: Duane C. Wepking, Project Engineer Re: "Proposed Construction of the City of Elgin, Wing Park Family Aquatic Center, Change Order #3(revised#3). This memo is a summarization of the proposals presented by the contractor since Change Order #2. These proposals are first listed according to the contractors submittal sequence. This listing provides a brief description of the work, cost and status. The summary categorizes the proposals according the purpose of the work. The work categories are unforeseen work(UW), performance improvements(PI) and city code requirements(CC). The following list constitutes the change orders presented by the contractor to date: Contract CO#, Description Cost/Work Catagory Status rum'. 23. Add, additional cost over the $5,381.25 PI Recommend to allowance provided in the base bid Owner the landscape plan approved for the project. 24. Add, additional cost over the $24,535.68 CC Recommend to allowance provided in the base bid for Owner the bathhouse dry fire sprinkler system. 25. Add surveillance camera at second $ 318.26 PI Recommend to ticket booth. Owner 27. Add two sections of retaining wall $7,565.32 PI Recommend to including deduct for deck drain Owner collection pipe deletion. 26. Add sod in lieu of seed and mulch. 13,722.19 PI Recommend to Owner 28. Add upsizing of groundwater pumps. $ 779.45 PI Recommend to Owner 29. Deduct, exchange four permanent life guard chairs for four portable. $2,050.00 PI Recommend to Owner 30. Add, Electric space heater for $1,438.08 CC Recommend to dry fire sprinkler control room Owner 31. Add Cat 5 computer cable to 6 jack $4,880.03 PI Recommend to locations and 10 yard hydrants PA speakers Owner and cabling. 32. Add, General Contractor's mark-up for$3,334.58 PI Recommend to previouly approved work for the surveilance Owner and intercom improvments which was inadvertently omitted from Change Order #2. 35. Add additional rules for pool $ 117.88 PI Recommend to rule signage. Owner 36. Add water service pipe change $1,093.88 CC Recommend to per water utility request for water Owner testing. 37. Add premium time concrete deck $2,799.28 PI Recommend to construction and finish grading, Owner June 3, 2000. 39. Add premium time for concrete deck, $5,754.09 PI Recommend to pool painting and site finish grading Owner for period June 6-June 10, 2000 40. Add enlarged pump enclosure for $ 337.85 PI Recommend to second water slide pump. Owner 41. Add countertop for ticket booth. $1,181.11 PI Recommend to Owner 43. Add two emergency lights in $ 990.15 PI Recommend to bathhouse per building inspection Owner request. 45. Add premium time concrete deck $4,050.16 PI Recommend to construction, finish grading and Owner pool deck finish work June 14-17, 2000. 46. Add premium Saturday concrete $ 275.37 PI Recommend to charge for June 19, 2000. Owner 47. Add toilet accessories for DOH $1,297.80 PI Recommend to and ADA requirements. Owner 48. Add water closet exchange for $ 749.69 PI Recommend to women's ambulatory stall. Owner 49. Add hand sink and mop sink $4,898.89 PI Recommend to required by code for concession area. Owner 50. Add two hose bibs in bathhouse $ 364.23 PI Recommend to for wash down and cleaning. Owner 51. Add two 2" RPZ valves for $1,775.20 PI Recommend to plumbing code. Owner 4. rik 52. Add waterslide 42" chain link $4,262.36 PI Recommend to patron barrier fence. Owner Summary Project Change Order Purpose/Work Category Value Status #1 Time Extension -0- Approved #2 ILDOH requirements $19,214.44 Approved Unforeseen Conditions 31,271.89 Tree preservation 2,915.90 Performance additions 15,038.03 Utility Improvements 19,557.76 Total Change Order #2 87,998.02 #3 Performance additions $62,785.14 City Code requirements 27,067.64 Total Change Order #3 $89,852.78 Under review Change Order #3 will not extend the substantial completion date. The contract substantial completion date is July 22, 2000. eirnk Any questions or comments regarding this memo should be directed to BA's Whitefish Bay • office. Duane Wepking's mobil telephone number is 815-238-2581. fc: David F. Burbach, P.E.