17-120 Resolution No. 17-120
RESOLUTION
APPROVING CHANGE ORDER NO. 1 FOR THE CONTRACT WITH
BOLLER CONSTRUCTION COMPANY, INC. FOR
CARBON DIOXIDE AND CHLORINE UPDATES PROJECT
(Leo Nelson Riverside and Airlite Water Treatment Plants)
WHEREAS,the City of Elgin has heretofore entered into a contract with Boller Construction
Company, Inc. for carbon dioxide and chlorine updates project at the Leo Nelson Riverside and
Airlite Water Treatment Plants; 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 Richard G. Kozal,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/David J. Kaptain
David J. Kaptain, Mayor
Presented: September 13, 2017
Adopted: September 13, 2017
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
. ' change Order
City of Elgin -
ELGIN, ILLINOIS
PROJECT 16-054 Carbon Dioxide and Chlorine Facilities Upgrade
CHANGE ORDER NO. 1
CONTRACT: The proposed Work is generally described follows: Removing and replacing the existing
Carbon Dioxide tank, appurtenances, and piping at the Airlite Water Treatment Plant located at 74 N.
Airlite St, Elgin, IL 60123. There were also three bid alternatives selected: 1) Furnishing and installing a
chlorine evaporator, chlorine piping and appurtenances at the Airlite Water Treatment plant, 2) Perform-
ing chlorine system piping and appurtenances alterations at the Leo Nelson Riverside Water Treatment
Plant located at 375 W. River Road, Elgin IL 60123. 3)Removing and replacing the carbon dioxide
feeders at the Airlite Water Treatment Plant located at 74 N. Airlite St, Elgin, IL 60123 (Bid No. 16-
0554)
SCOPE: The Change Order accounts for the Contractor not using two allowances in the contract, and
for costs incurred by the City due to the Contractor missing two substantial completion dates. The allow-
ances were items included in the contract in the event that unsuitable foundation materials were encoun-
tered, or fill disposal was required. In the event that either of these items were encountered during con-
struction,the allowances would have allowed payment on a unit price basis. However, neither issue was
found during construction, so payment was not made on either allowance. The Contractor did not meet
the amended substantial completion date of June 9th for the Lump Sum Base Bid, Bid Alternative No. 2
and Bid Alternative No. 3 due to delays in receiving correctly ordered per specs but improperly shipped
and faulty equipment as well as subcontractor and supplier submittal delays. The Lump Sum Base Bid
and Bid Alternative No. 3 were substantially complete on June 15, 2017 (6 calendar days behind sched-
ule). This delay led to the City to incur costs in terms of increased electricity use to provide water, and
labor burdens imposed by the delay and faulty equipment. Per the Contract, missing the Substantial
Completion Date by six calendar days results in $9,000.00 in costs.
The Contractor has also not completed Bid Alternative No. 2 due to subcontractor submittal delays
which due to overall project scheduling and water demand conditions at the Riverside Water Treatment
Plant necessitated the work involved to be delayed. City Staff do not believe that applying damages to
the Contractor for its failure to meet the Substantial Completion deadline for this item is desirable. Bid
Alternative No. 2 will require the Riverside Water Treatment Plant (WTP) to shut down for up to 8
hours, and was originally intended to occur in March. City staff believe it is in the City's interest to de-
lay this work until October to allow water demands to lessen, therefore, staff does not intend to pursue
damages for this delay. The Project schedule is extended to November 15, 2017 to allow for this work to
occur.
REASONS FOR CHANGE: The Change Order proposes to amend the contract as to cost and to pro-
ject schedule. The contractor did not use two allowances relating to foundation materials. The Contrac-
tor did not meet the amended substantial completion date of June 9th for the Lump Sum Base Bid and
Bid Alternative No. 3 due to subcontractor and supplier coordination issues on its part. The Lump Sum
Base Bid and Bid Alternative No. 3 were substantially complete on June 15, 2017 (6 calendar days be-
hind schedule). This delay led to the City to incur costs in terms of increased electricity use to provide
water, and labor burdens imposed by the delay and faulty equipment. Per the Contract,missing the Sub-
stantial Completion Date by six calendar days results in $9,000.00 in costs.
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The Contractor has also not completed Bid Alternative No. 2 due to subcontractor coordination issues on
its part. Bid Alternative No. 2 will require the Riverside Water Treatment Plant to shut down for up to 8
hours, and was originally intended to occur in March. City staff believe it is the City's interest to delay
this work until October to allow water demands to lessen, and recommend that the Project's schedule be
extended to November 15, 2017 to allow for this work to occur.
• The circumstances said to necessitate the change in performance were not reasonably foreseeable
at the time the contract was signed, and;
• The change is germane to the original contract as signed, and;
• The change order is in the best interests of the City of Elgin and authorized by law.
SUMMARY OF CHANGES IN CONTRACT AMOUNT: The Change Order amends the contract as
to cost and to project schedule. The contractor did not use two allowances relating to foundation materi-
als, so the cost for these is being deducted from the contract amount. The Change Order also extends the
Substantial Completion date for Alternative Bid No. 2 to October 31, 2017, and the Final Completion
Due Date to November 15, 2017 to allow for this work to occur.
ORIGINAL CONTRACT AMOUNT: $640,100.00
CHANGE ORDER NO. 1
Unused Unsuitable Foundation Material
Allowance under Section 02222 (10 to 0 CY) $(500.00)
Unused Removing, Hauling and Disposing
of Excavated Solid Waste Fill Material
Allowance under Section 02222(2 to 0 CY)] $(140.00)
Costs Incurred by Owner of Not Having $(9,000.00)
Carbon Dioxide Facility Ready to Operate
Until June 15,2017 and Cost Incurred by
Owner of Not Having Separated Riverside
Chlorine Piping Performed
TOTAL FOR CHANGE ORDER NO. 1: DEDUCT $9,640.00
PREVIOUS CHANGE ORDER(S):
NONE $NONE
TOTAL OF PREVIOUS CHANGE ORDERS: DEDUCT $9,640.00
TOTAL REVISED CONTRACT AMOUNT: $630,460
The original amount of the contract with Boller Construction Company, Inc. is $640,100.00. Change Or-
der No. 1 will decrease the original contract amount by a total of$9,640.00 that sum representing one
and five-tenths percent (1.5%) of the original contract amount. The new contract amount, inclusive of all
change orders is $630,460
OTHER CONTRACT PROVISIONS:
Amend Substantial Completion for all work associated with Bid Alternative No. 2 to October 31, 2017.
Amend Final Completion for all work associated with Bid Alternative No. 2 to November 15, 2017.
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IL Agreed to this day o ' l- e,-►�c,, 2017.
Recommended by:
WATER DEPARTMENT
By:
Title: 1 ttk,r;yl„ QaJr-- bl ecda, —
Date: of Z11b
Signature: 4-'
Accepted by:
BOLLER CONSTRUCTION COMPANY, INC.
Party of the Second Part (Contractor)
By: c /"I,-
Title: r0 e
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Date:
Signature:
Approved by:
CITY OF ELGIN
Party of the First Part (Owner)
By: Richard G. Kozal
Title: City Manager
Date: Septem 3 2017
Signature:
F:TLegal Dept\forms\Change Order Form.doc
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