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08-119 Resolution No. 08-119 RESOLUTION APPROVING CHANGE ORDER NO. 1 IN THE CONTRACT WITH CB&I CONSTRUCTORS, INC. FOR THE HIGHLAND AVENUE OVERHEAD TANK (T-11) WHEREAS,the City of Elgin has heretofore entered into a contract with CB&I Constructors, Inc., for the construction of the Highland Avenue Overhead Tank (T-11); 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 Olufemi Folarin,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/Ed Schock Ed Schock, Mayor Presented: May 14, 2008 Adopted: May 14, 2008 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk C'\ OF E4 Ci `'- Change Order City of Elgin ELGIN, ILLINOIS PROJECT 409651 CHANGE ORDER NO. 1 AND FINAL CONTRACT: Highland Avenue Tank T-11 (Bid No. 06-052) SCOPE: This change order will provide for: 1. Change of Tank Logo and Incorrect Logo Color The Contract documents called for the use of the same tank lettering/logo that has been used on all City of Elgin elevated tanks in the recent past. During construction of the tank, the City adopted a new script logo that requires a new pattern and is more difficult for the painters to install. However, this additional work was offset by the fact that the final tank logo color was not the color that was selected by the City. The net effect of these two items is a $2,100 deduct to the contract price. 2. Liquidated Damages The contract requires CB&I to pay the City$500/day for each day beyond the time speci- fied for substantial completion. The actual substantial completion date was 30 days be- yond the adjusted contract substantial completion date. REASONS FOR CHANGE: Change Order No. 1 and Final is in the best interest of the City and is authorized by law. The necessity for the change was unforeseen at the time the contract was originally executed. The changes contemplated in Change Order No. 1 and Final are germane to the original agreement. SUMMARY OF CHANGES IN CONTRACT AMOUNT: The original contract will be amended as to scope and costs to reflect the change of tank logo and incorrect logo color, and liquidated damages. ORIGINAL CONTRACT AMOUNT: $1,923,050.00 CHANGE ORDER NO. 1 AND FINAL Change of tank logo and incorrect logo color ($2,100.00) Liquidated damages ($15,000.00) TOTAL FOR CHANGE ORDER NO. 1 AND FINAL DEDUCT $17,100.00 PREVIOUS CHANGE ORDER(S): N/A TOTAL OF PREVIOUS CHANGE ORDERS: $0.00 TOTAL REVISED CONTRACT AMOUNT: $1,905,950.00 The original amount of the contract with CB&I Constructors, Inc. is $1,923,050.00. Change Order No. 1 and Final totaling ($17,100.00) will decrease the original contract amount by a total of$17,100.00, that sum representing 0.89% of the original contract amount. The new contract amount, inclusive of all change orders is $1,905,950.00. • CHANGE IN CONTRACT TIME: The following adjustments to the Contract Times shall be given for Work completed under this change order: Original Adjusted Completion Date Completion Date Substantial Completion June 30, 2007 August 10, 2007 Final Completion July 31, 2007 May 31, 2008 OTHER CONTRACT PROVISIONS: All other contract provisions remain the same. CHANGE ORDER No. 1 AND FINAL March 17,2008 Agreed to this day of , 2008. Recommended by: WATER DEPARTMENT By: Title: Date: Signature: Accepted by: CB&I Constructors, Inc. Party of the Second Part (Contractor) By: c� a tile: ?`CC)._.\ CC4- V A-Nr P►G-e-i Date: '/ 26 `© -$ Signature: A -3 A . 'ELSMAtu J Approved by: CITY OF ELGIN Party of the First Part(Owner) By: Olufemi Folarin Title: City Manager Date: Signature: CU 411111114h_ ■ 4 { April 18, 2008 TO: Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Kyla Jacobsen, Water System Superintendent SUBJECT: Change Order No. 1 with CB&I Contractors for the Highland Avenue Overhead Tank(T-11) PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider authorization of Change Order No. 1 with CB&I Contractors for the Highland Avenue Overhead Tank(T-11) project. RECOMMENDATION It is recommended that the City Council authorize the execution of Change Order No. 1 with CB&I Contractors for the Highland Avenue Overhead Tank (T-11) project for a deduct of $17,100. BACKGROUND On March 22, 2006, the City Council awarded an engineering contract to Rezek, Henry, Meisenheimer, and Gende (RHMG) for bidding and construction services for Highland Water Tank(T11). Bid specifications were prepared by RHMG. On July 12, 2006, the City Council awarded the construction of the Highland Water Tank (T11) to CBI Contractors of Plainfield, Illinois (CBI). The construction of the Highland Tank is substantially complete and the water tank is in service, as of August 10, 2007. City staff along with RHMG, developed a punch list and the contractor CB&I is working to complete the punch list items. The anticipated final completion date is May 31, 2008. The original substantial and final completion dates were June 30, 2007 and July 31, 2007. Due to inclement weather and contractor delays, the project was not completed on time. Change Order No. 1 (Final) includes two items, the change of tank logo and incorrect logo color, and liquidated damages due to 30 days delays beyond the adjusted contract substantial completion date. The net contract price change is a deduct in the amount of$17,100. A copy of the change order is attached, for your convenience. Change Order No. 1 with CB&I for Highland Avenue Overhead Tank(T-11) April 18, 2008 Page 2 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total budget for this project is $3,445,474. The amount spent or encumbered to date is $3,192,947. Change Order No. 1 with CB&I Contractors will result in a deduction of$17,100 in the contract and a corresponding reduction in the Water Development Fund, account number 420-0000-771.92-41, "Capital Additions-Distribution Systems,"project number 409651. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to authorize Change Order No. 1 as recommended. 2. The City Council may choose not to authorize Change Order No. 1 at this time. Respectfully submitted for Council consideration. KBJ Attachment