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00-29 Resolution No. 00-29 RESOLUTION APPROVING CHANGE ORDER NO. 3 IN THE CONTRACT WITH ATC ASSOCIATES, INC . FOR REMEDIATION EXPENSES AT 206-280 S . GROVE AVENUE WHEREAS, the City of Elgin has heretofore entered into a contract with ATC Associates, Inc . for remediation expenses at 206-280 S . Grove Avenue; 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: February 9, 2000 Adopted: February 9, 2000 Omnibus Vote : Yeas 5 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk ftb-Ub-UU Wt 1L: 1J VrI 1111Y Ut tLU1N/UlIY nuK. HiA NU, 1b40JJ1bb1U F. UL. ..f ELGIN, ILLINOIS ADDITIONAL SERVICES FOR 206 - 280 SOUTH GROVE AVENUE CHANGE ORDER NO. 3 AND FINAL SCOPE : This Change Order No. 3 covers additional services related to the installation of a groundwater remediation system at the City of Elgin properties located at 206260 South Grove Avenue under a contract awarded on February 10, 1994 . The Contractor for this project is ATC Associates, Inc . Downers Grove, Illinois , REASONS FOR CHANGE: This Change Order is required for the additional costs associated with the purchase of an electrical control panel , which was part of the initial installation process but not billed to the City. The cost of the electrical panel is $21 , 424 . 00 . The circumstances requiring the change in performance were not recently foreseeable at the time the contract was signed, the change is germane to the original contract, as signed, and is in the best interests of the City and authorized by law. SUMMARY OF CHANGES IN CONTRACT AMOUNT: Item Cost Change Electrical Control. Panel $21 , 424 . 00 Total Add $21 , 424 . 00 The present contract with ATC is for $464, 022 . 10 . By reason of Change Order No . 3 the contract for the control panel will be increased in the amount of Twenty-One Thousand Four Hundred Twenty-four and 00/100 Dollars ($2]., 424 . 00) . The new revised contract total will be an amount of Four- Hundred Eighty Five Thousand Four Hundred and Forty-Six and 10/100 Dollars ( 485, 446 . 10) . OTHER CONTRACT PROVISIONS : All other contract provisions of the original contract agreement of February 9, 1994 , shall remain the same and in full force and effect . ! � & da Gf 2000 . Agreed to this y ate; Recommended: City of Elgin •rEb-M-UU TUK 12: 14 M U1TY Uh hLUINA;11Y MUK. MA NU, 164[yJlbblU Y. U� ELGIN, ILLINOIS ADDITIONAL SERVICES FOR 206 - 290 SOUTH GROVE AVENUE CHANGE ORD O. 3 AND FINAL PAGE. 2 By: Date -- Accepted: ATC Associates, Inc . Party of the Second Part (Contractor) By: — Titles Date . a `0 V. Approved: City of Elgin Party of t First Part (Ow e ) $y Title : Date - . B # City Of Elgin Agenda Item No. January 20, 2000 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Change Order No. 3 - Remediation Expenses 206-280 South Grove Avenue PURPOSE The purpose of this memorandum is to present a request from ATC Associates Inc. , for reimbursement of expenses related to the installation of an electrical control panel for the ground water remediation system ($21, 424 . 00) at the South Grove Avenue riverboat redevelopment site. BACKGROUND The installation of the groundwater remediation system at the South Grove Avenue riverboat redevelopment site was completed in October of 1994 . The City approved a change order on January 25, 1995 for the installation of the system. The total cost of the remediation system was $464, 022 . 10 . After the change order was approved, ATC received an invoice totaling $21, 424 (net of sales tax) for an electrical control panel installed as part of the project . Since the January 25, 1995 change order was a final change order for this project, staff was reluctant to seek approval for an added expense that had not been included in the final change order and that was not an omission on the part of the City. Staff advised ATC to seek reimbursement for the electrical panel as a part of the City' s larger reimbursement request to IEPA for the remediation efforts in the South Grove area. If this reimbursement was received, staff agreed to bring the issue of payment to ATC for the electrical control panel before the City Council for consideration. To date, the City has received a total of $1, 172 , 410 . 77 in reimbursements from the IEPA for costs incurred in the clean-up of the South Grove site. The expense for the electrical control panel was submitted to the IEPA and the City has received reimbursement payments for the electrical control panel . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Control Panel Reimbursement for South Grove Avenue January 20, 2000 Page 2 FINANCIAL IMPACT The change order from ATC will amount to $21, 424 . 00 . Adequate funds are available in the South Grove Tax Increment Financing Fund. Account number 260-0000-791 . 30-99 will be charged. OV LEGAL IMPACT None . ALTERNATIVES 1 . Reimburse the cost of the control panel . 2 . Choose not to make the payment . RECOMMENDATION Staff recommends that a payment of $21, 424 . 00 be made to ATC to reimburse the cost of an electrical control panel installed as part of the South Grove groundwater remediation project . qRes tful ly submitted, 9J'_' A Parker City Manager Attachments SLP Chicago Area Uttices 2777 Finley Road, Unit 4 9839 Industrial Court, Suite B Downers Grove, Illinois Highland, Indian2 60515 46322 630.916.7272 219.922.723E Fax 630.916.7013 Fax 219.922.7242 ASSOCIATES INC . May 3, 1999 ` Mr.Raymond Moller Director of Business Services City of Elgin 150 Dexter Court Elgin,IL 60120-5555 RE: Invoice for$22,828.54 control panel and status of reimbursements. 206—280 South Grove Avenue Dear Mr. Moller: Per your request of April 28, 1999 during a meeting with Jim Tate, ATC Associates Inc. (ATC)is providing the following information. $22,828.54 invoice for control panel A control panel for the groundwater remediation system was provided by Diversified Remediation Controls in late October or early November, 1994. Installation of the groundwater remediation system except for"debugging" and "startup" was completed in 1994. The City of Elgin (COE) approved a change order on January 25, 1995 for installation of remediation system. The revised contract total was$463,022.10. After the change order was approved, an invoice for the control panel for $21,424 plus taxes of$1,404.54 was received from DRC (see attached). The March 13, 1995 letter from Ray Moller of COE to Kurt Winters of ATC (see attached) states that when City of Elgin is reimbursed from the IEPA Leaking Underground Storage Tank(LUST) Fund,COE will pay ATC. The DRC invoice was included in 4 separate reimbursement packages (one each for 206, 210, 240, and 280 South Grove). COE received payment for 206, 210, and 240 South Grove in 1997 and 1998. Final payment for 280 S. Grove was received in early April 1999. In summary COE has been reimbursed $22,828.54 from the LUST Fund for a control panel for the groundwater remediation system. Pursuant to the March 13, 1995 letter, ATC submitted the February 2, 1999 invoice(see attached). Summary of Reimbursement Pursuant to your request ATC is submitting the following summary of reimbursement requests. Amount Amount Requested $1,039,751.95 Amount Approved $912,635.38 Amount IEPA is requesting additional information. ATC was $78,518.07 verbally approved' on 4/28/99 to provide the additional information. Written authorization is pending. Deductions for deductibles $36,738.85 Miscellaneous deductions -Deductions are largely due to work $11,859.65 that was necessary to not impede construction of the casino and are not reimbursable such as rush charges for analyses. A more detailed table is attached. If you have any questions or require further information please call me at(630) 916-7272. Sincerely, ATC Associates Inc. James M. Tate fogerMasson, Senior Project Manager Chicago Chem Consultants Corp Enclosures n:l 1\5000 1\0000\panel ltr.doc rl OIVERSIFIEO A,!p INVOICE NO. 712 7 REMEOIATION CONTROLS INCORPORATED /� F'L`�L-✓'C Lt�J� //'����. 7904 73RD AVENUE NORTH BROOKLYN PARK.MN 55428 TELEPHONE:(612)424-2421 ILL TO: / LTEC Associates, Inc.. :055 ARMY TRAIL RD UITE,DISSON 14 IL 60101 'elephone: 708-916-7272 m SHIP VIA X 10 NE 30 PURCHASE ORDER NUMBER ORDER DATE SALESPERSON RESALE NUMBER OUR ORDER NUMBER -07-58742 109/23/941 TDG 1906 •OUANTITY ITEM NUMBER EERED SHIPPED ITEM DESCRIPTION UNIT PRICE EXTENDED PRICE 4.00 DRC ML -TEFZAL * 234.00 936.00 DRC ML30-TEFZAL-30'•12GA. MOTOR LEAD 1 .00 DRC ML30-TEFZAL 10 * 365.00 365.00 DRC ML30-TEFZAL-30' 10GA. MOTOR LEAD .00 5.00 DRC WP30 * . 96:00 480.00 DRC WP30 - 30ft.. WATER PROBE SET .00 1 .00 DRC CONTROLLER 1906 * 7811 .00 7811 .00 DRC MODEL ELGIN RIVERBOAT CONTROLLER CUSTOMER IS SENDING CONTROL BOXES, FLOWMETEZ MODULES. .00 1 .00 S1 .5000-08 * 3714.00 3714.00 SIERRA SENTRY 8 CHANNEL CONTROLLER .00 1 .00 SI 5392-00 * 420.00 420.00 SIERRA INDIVIDUAL RELAY PANEL ( 16) .00 1 .00 SI 5381-00 * 192.00 192.00 SIERRA PANEL MOUNT HARDWARE .00 -8.00 SI 5100-02 * 732:00 5856.00 SIERRA COMBINATION NEMA 7 GAS SENSOR MODULE - CUSTOMER NEEDS BY 10-3-94 1 .00 SI 5358-00 * 51 . 60 51 . 60 SIERRA CALBRATION ADAPTOR- MAGNETIC NON TAXABLE •TAXABLE SALES TAX FREIGHT INVOICE TOTAL E 1 APPLIED CREDIT TOTAL PAID DIVIERSIFIE13 "INVOICE NO. 7127 REMEOIATION CONTROLS CUSTOMER NO. INCORPORAT1=0 0120I L 7904 73RD AVENUE NORTH INVOICE BROOKLYN PARK,MN 55428 TELEPHONE:(612)424-2421 BILL TO: SHIP TO: ATEC Associates, Inc. ATEC Associates, Inc. 2055 ARMY TRAIL RD 2055 ARMY TRAIL RD SUITE 114 SUITE 114 ADISSON, IL 60101 ADISSON, IL 60101 Telephone: 708-916-7272 Warehouse # DATE SHIP VIA F.O.B. TERMS PUR64ASE ORDER NUMBER ORDER DATE SALESPERSON RESALE NUMBER OUR ORDER NUMBER OUANi11Y- _ r• 1_:i,# . n3, �TEMNUMQER _;.,. IDEREd' SHIPPED ITEM DESCRIPTION UNIT PRICE , EXTENDED PRICE 1 .00 `-1 .00 SI 5358-01 * 32.40 32.40 SIERRA CALIBRATION ADAPTOR- STD. 1 .00 "_ 1 .00 AC RAIN DETECTOR * 600.00 600.00 AEROCHEM METRICS 115VAC RAIN DETECTOR WITH 1 .00 1 .00 SI 1200-26 * 350.00 350.00 SIERRA- CALIBRATION KIT 1200-26 1 :00 1 .00 FREIGHT 616 .00 616.00 SHIPPING & HAN.DLING r ACCOUNTS PAYABLE APPROVAL FORM SUB ACTIVITY RECEIPT/OR LOC DIV ACCT ACCT AMOUNT PROJECT NUMBER. TSK CODE APPR VAL V, N2 JJQJ7 b i i LKS 11JUS I / / (10-OCTOBER) / 47`�Z7 41" 10 11 12 1 2 3 4 5 6 7 8 9 NON TAXABLE *TAXABLE SALES TAX FREIGHT INVOICE TOIAL e 2 APPLIED CREDIT TOTAL PAID TELEPHONE 7081931-6100 FAX 7081931-5610 FOR HEARING VAPAMED TOO 7081931-5616 CITY OF ELGIN 150 DEXTER COURT ELGIN, ILLINOIS 60120-5555 March 13, 1995 Mr. Kurt Winters Environmental Group Leader ATEC & Associates 2777 Finley Road, Unit 6 Downers Grove, IL 60515 Dear Kurt: It is my understanding,. based on our conversation of February 23, 1995, that the invoice from Diversified Remediation Con- trols in the amount of $22,828.54 will be submitted* to the Illinois Environmental Protection Agency (IEPA) for payment ppkom the IEPA Leaking Underground Storarom the IEPA .forUpon he City of Elgin's receipt of payment Tank Elgin - control panel expensseburse I will submit a ATEC Associates, eq t Inc. forthecost City Council to rei of the control panel. Please call me if you require additional information regard- ing this matter. Si ely, Raymond H. Moller Director of Business Services and Properties amp clod papor Memorandum City of Elgin March 29, 1999 TO: Joyce A. Parker, City Manager FROM: Raymond H. Moller, Director of Business Services and Properties SUBJECT: South Grove Avenue Environmental Clean-up Reimbursement Payment On March 24, 1999, the City received a check in the amount of $54 , 057 . 75 from the State of Illinois Leaking Underground Storage Tank (LUST) Fund. To date, the City has received the following payments from the LUST Fund. 1 . October 29, 1993 $ 41, 251 . 05 2 . April 22, 1994 129, 632 . 52 3 . June 20, 1994 7, 064 . 88 4 . December 30, 1994 87, 720 . 49 5 . April 24, 1997 108 , 466 . 17 6 . May 28, 1997 193 , 364 . 16 7 . June 30, 1997 328, 216 . 89 8 . July 29, 1997 19, 694 .27 9 . August 8, 1997 21, 108 . 25 10 . December 19, 1997 49, 993 . 34 11 . November 23, 1998 131, 842 . 00 12 . March 24, 1999 54 057 . 75 Total $1, 172, 410 . 77 Staff will continue to submit reimbursement requests to the IEPA as expenses related to the South Grove Avenue clean-up are accumulated. Ray VhdH MolleDire Business Services and ties amp