TRANSMITTAL LETTER FOR BOARD MEETING OF DECEMBER 1, 2022
COMMITTEE ON PROCUREMENT
Mr. Brian A. Perkovich, Executive Director
Title
Authority to increase Contract 13-106-4F McCook Reservoir Des Plaines Inflow Tunnel, SSA, to Walsh Construction Company II, LLC in an amount of $1,833,233.62, from an amount of $108,072,664.84, to an amount not to exceed $109,905,898.46, Account 401-50000-645630, Purchase Order 4000037
Body
Dear Sir:
On June 16, 2016, the Board of Commissioners authorized the Director of Procurement and Materials Management to award Contract 13-106-4F McCook Reservoir, Des Plaines Inflow Tunnel, SSA, to Walsh Construction Company II, LLC, in an amount not to exceed $107,770,362.00, plus a five (5) percent allowance for change orders in an amount of $5,388,518.10 for a total amount not to exceed $113,158,880.10. The original scheduled contract completion date was January 23, 2020; substantial completion was achieved on February 17, 2022.
As of November 18, 2022, the attached list of change orders has been approved.
Original Contract Amount $107,770,362.00
Date of Board Approval 6/16/2016
Cumulative Change Order $302,302.84
% Change of Original Contract Value 0.28%
Current Contract Value $108,072,664.84
Requested Increase $1,833,233.62
New Contract Value $109,905,898.46
% Change of Current Contract Value 1.70%
Total % Change of Original Contract Value 1.98%
This request is for additional compensation related to a reported change in conditions of the rock that was required to be excavated for the tunnel. The contractor, per the plans and specifications, was required to excavate the Des Plaines Inflow Tunnel at certain elevations. Representative boring logs of the surrounding geology were provided in the contract to assist the contractor in assessing the overall quality of the rock that was to be excavated. Throughout the excavation, the contractor experienced significant over-excavation of the tunnel which required additional spoils removal, additional rock support, additional concrete lining, and labor associated with these activities and overall shaft support. The contractor has reported that the changed rock condition resulted in the over-excavation and associated extra costs, which the contractor estimated to be in an amount of $5,799,621.22.
While the District maintains that the quality of rock observed was adequately represented in the contract documents, the District does acknowledge that the presence of an unidentified rock seam located immediately above the crown of the tunnel posed a challenge to the contractor and likely contributed to a lack of stability and the documented over-excavation. As a result, and subsequent to negotiations with the contractor, the engineer proposed a negotiated extra in an amount of $1,833,233.62 and stated, via correspondence 1683, that upon acceptance of the proposal by the contractor, the Engineering Department would recommend its approval to the Board of Commissioners. The contractor formally accepted the proposal via correspondence 1688.
This change order is in compliance with the Illinois Criminal Code since the change is due to circumstances not reasonably foreseeable at the time the contract was signed and is in the best interest of the District.
It is hereby recommended that the Board of Commissioners authorize the Director of Procurement and Materials Management to execute a change order to increase Contract 13-106-4F in an amount of $1,833,233.62 (1.7% of the current contract value), from an amount of $108,072,664.84, to an amount not to exceed $109,905,898.46.
Funds are available in Account 401-50000-645630.
Requested, Catherine A. O’Connor, Director of Engineering, GR:CS
Recommended, Darlene A. LoCascio, Director of Procurement and Materials Management
Respectfully Submitted, Barbara J. McGowan, Chairman Committee on Procurement
Disposition of this agenda item will be documented in the official Regular Board Meeting Minutes of the Board of Commissioners for December 1, 2022
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