08/14/06 Board of Public Works Minutes

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~t~ REGULAR MEETING AUGUST 14, 2006 contract have spent a total of $509,167.00 as of August 1, 2006. The Change Order does not change any of the unit costs as set in the original bid by Walsh & Kelly. Walsh and Kelly has agreed to hold their unit prices for the duration of the project extension. Attorney Tom Bodnar has been consulted and stated this extension can be granted since the original contract amount plus 20% has not been exceeded and since there are no changes to the unit prices. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carved, the Change Order was approved. APPROVE CHANGE ORDER -DEMOLITION OF FORMER SEARS CENTER - RITSCHARD BROTHERS - PROJECT NO. 10-025 (COIT) Mr. Littrell advised that Mr. Rob Nichols, Engineering, has submitted Change Order No. 1 on behalf of Ritschard Brothers, 1204 West Sample, South Bend, Indiana, indicating that the Contract amount be increased $35,320.00 for a new Contract sum including this Change Order in the amount of $74,239.95. Attorney Bodnar stated on June 12, 2006 the Board of Public Works opened quotations and awarded a project to remove unsuitable fill materials beneath the new LaSalle Council Boy Scout Center at the Fredrickson Park site. The original scope of the project was to remove unsuitable landfill materials beneath the site. The original scope of work included in the original specifications relied on soil boring investigations completed by environmental consulting firms hired by the City and by the Boy Scouts. These investigations indicated an initial quantity of approximately 1,500 cubic yards of landfill material. In order to excavate the unsuitable material approximately 1,000 cubic yards of clean fill material was to be excavated and stockpiled on-site. The landfill material was then to be removed and stockpiled on the Fredrickson Park site (south of the proposed Boy Count Center property) and replaced with clean fill material from anoff--site source. Then the stockpiled clean fill material was to be reused to finish backfilling the rest of the excavation and conclude the project. After the excavation had begun on the area identified in the initial soil investigations, Ritschard Brothers encountered additional landfill material than needed to be removed. After an assessment by the environmental consultant hired by the Boy Scouts (Alt and Witzig Engineering, Inc.) they concluded that there was more fill than was unforeseen in their original investigations. This additional material was removed and stockpiled with the rest of the unsuitable material on the property owned by the City. After the excavation of the unsuitable material, the Boy Scouts, through their authorized consultant, agreed that all of the unsuitable material had been removed. Since the Boy Scouts had not officially divided their property from the Fredrickson Park property, these excavations fell under the IDEM permit already established for that project. Had the additional unsuitable fill material not been removed under this contract by Ritschard Brothers the property would have been divided and work would have had to cease since the new property would not fall under the existing IDEM permit for Fredrickson Park. 'This additional work increased the excavation by two times and extended the project time nearly two weeks, but without this additional work, obligations of the City of South Bend to the Boy Scouts would not have been fulfilled and construction of the new Boy Scout Center would have been delayed for months. This project is now complete and the Boy Scouts are ready to begin construction on their new facility. Due to the change in the scope of the contract, the cost of the project increased from $35,320.00 to $74,239.95, which is a 110.19% increase. Per state statute I.C. 36-2-23-28 (d) the limit should be 20%. There were no other changes to the contact. Since there was neither actual nor constructive notice of the necessity for this additional work, this Change Order can be, and is well below and in compliance with the 20% rule when the unforeseen circumstance is taken into account. Upon a motion made by Mr. Limell, seconded by Mr. Gilot, and carried, the Change Order was approved. APPROVE CERTIFICATE OF FINAL COMPLETION -CHLORINE BUILDING IMPROVEMENTS -ENVIRONMENTAL SERVICES -PROJECT NO. 105-083 (SEWAGE WORKS CAPITAL) Mr. Inks advised that Mr. Patrick Henthorn, Environmental Services, has submitted the Certificate of Final Completion on behalf of Herrman & Goetz, Inc., 225 South Lafayette, South Bend, Indiana, for the above referred to project, indicating a final cost of 1 1 1