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Minutes - 03/05/2003 - Board of TrusteesMINUTES OF THE MARCH 5, 2003 SPECIAL MEETING OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK APPROVED AS WRITTEN ON MARCH 25, 2003. 1. CALL TO ORDER: CALL TO ORDER The Special Meeting of the Village Board of Trustees was called to order by President Bushy in the Samuel E. Dean Board Room of the Village Commons at 8:33 a.m. The Pledge of Allegiance was given. 2. ROLL CALL: ROLL CALL Village Clerk Linda Gonnella called the roll with the following persons PRESENT: President Karen M. Bushy, Trustees Stelios Aktipis, George T. Caleel, John W. Craig, Susan Chase Korin, Elaine Miologos and Alfred P. Savino. ABSENT: None IN ATTENDANCE: Michael A. Crotty, Acting Village Manager; Bruce F. Kapff, Director of Information Services & Purchasing; Robert L. Kallien, Jr., Director of Community Development; Darrell J. Langlois, Finance Director; Richard A. Martens, Village Attorney; Deputy Police Chief, William Haas; Communications Supervisor, Gail Peterka and Police Sergeant, Alan Borkovec. Also in attendance were Thomas Jacobs, Vice President of Earth Tech, Inc.; Naras Statkus, Project Supervisor of Earth Tech, Inc.; Project Manager, Michael Rinehart of Harbour Contractors, Inc. and Project Superintendent, James Dixon of Harbour Contractors, Inc. 3. REMOVE FROM THE TABLE AWARD OF INDEPENDENCE DAY INDEPDNCE DAY CELEB FRWKS FIREWORKS AND RATIFICATION OF THE APPROVAL OF THE INDEPENDENCE DAY FIREWORKS Motion by Trustee Aktipis, seconded by Trustee Savino, to remove from the table the award of independence day fireworks. VOICE VOTE: Motion carried. The 2003 Independence Day Celebration is scheduled for Thursday, July 3, with a rain date of Friday, July 4th For the past eight years, Melrose Pyrotechnics has produced our fireworks display very successfully, providing a wonderful show of fireworks accompanied by music. Melrose has worked well with all of the Village staff in producing a high quality show and is able to meet the safety and insurance requirements the Village has set. VILLAGE OF OAK BROOK Minutes Page I of 4 March 5, 2003 3. Melrose has a long list of clients including the City of Chicago, Navy Pier, the Chicago Bulls, White Sox, and Indiana Pacers. R.B. Enterprises provides personnel and equipment necessary for parking, lighting, signage, and concessions for the event. For the past 15 years, R.B. Enterprises has worked successfully with our Police, Fire and Public Works Departments, as well as with the entire Sports Core staff, in undertaking the traffic and parking associated with a number of events in the village, including the Independence Day celebration. This year's proposal allows the Village to stay within an overall event budget of $75,000.00. The proposed concession prices and the accompanying rebate percentages were provided to the Board. Funds for the Independence Day Celebration are budgeted in Program 181. President Bushy explained that as a result of the timelines related to the contract for the fireworks display at the 2003 Independence Day Celebration, she telephone polled the Board of Trustees related to this topic and the Board unanimously approved the fireworks contract. Motion by Trustee Aktipis, seconded by Trustee Craig, that the Village Board ratify their approval to waive competitive bidding due to the unique nature of the services to be rendered, and award a contract subject to staff review to Melrose Pyrotechnics, P.O. Box 302, Kingsbury, IN 46345 to perform the annual fireworks display at a lump sum price of $33,000. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino . Nays: 0 - None. Absent: 0 - None. Motion carried. 4. REMOVE FROM THE TABLE CHANGE ORDER # 3- MUNICIPAL CHNC oRDR 03 - COMPLEX PROJECT - $35,000.00 - EARTH TECH, INC. — REVISED EARTH TECH, INC. TOTAL CONTRACT AMOUNT - $686,549.45 Motion by Trustee Caleel, seconded by Trustee Craig, to Remove From the Table Change Order # 3- Municipal Complex Project - $35,000.00 - Earth Tech, Inc. — Revised Total Contract Amount - $686,549.45 and Earth Tech, Inc. — Payout #28 And 29 — Municipal Complex Project - $8,567.56. VOICE VOTE: Motion carried. The Village Board, at its November 26, 2002 meeting, tabled Earth Tech's original request so that staff and Earth Tech could attend the meeting and respond to Board questions. Since that meeting, Earth Tech has revised their original request (asking for an additional $35,000 instead of the original request of $24,000) based on a revised estimated completion date of May 23, 2003. VILLAGE OF OAK BROOK Minutes Page 2 of 4 March 5, 2003 4. Letters that address various concerns expressed by the Village Board at past meetings were provided to Board members. In addition an analysis of the change orders on this job, and review of specific change orders that Earth Tech and/or Harbour are willing to pay for have also been provided. Representatives from Earth Tech and Harbour were in attendance of the Board meeting. The current contract with Earth Tech provides compensation in the not -to- exceed amount of $651,549.45 for final design and construction services (includes original contract amount of $549,345, CO #1 for $91,527.99 approved 9/12/00, and CO #2 for $10,676.46 approved 7/23/02). Change Orders 41 and #2 were for additional work that was not part of the original scope of services. Change Order #3 is caused by a longer than anticipated construction schedule. The Village's contract with Earth Tech called for a 23 -month schedule for construction. Harbour's most recent estimate is for construction to be complete in May (for a 29 -month construction period). Earth Tech's request is a not -to- exceed amount of $35,000 for the 6 -month period (through 5/12/03), based on their actual costs for the first 2 months (December 2002 and January 2003) plus an estimate of their monthly expenses for the remaining 4 months. The Village will be billed the actual time and material costs, and the $35,000 serves as a cap on the total additional costs for the requested time extension. If the project were to extend beyond 5/12/03, the Village could anticipate a future request for additional services. Trustee Caleel indicated that questions had arisen relative to change orders and completion dates. He specified questions that the Board requested a written response from Harbour Contractors, Inc. and Earth Tech, Inc. which would be reviewed before any payments were made. Motion by Trustee Caleel, seconded by Trustee Korin, to again table Change Order # 3- Municipal Complex Project - $35,000.00 - Earth Tech, Inc. — Revised Total Contract Amount - $686,549.45 and Earth Tech, Inc. — Payout #28 And 29 — Municipal Complex Project - $8,567.56 to the Regular Board of Trustees meeting of March 25, 2003. VOICE VOTE: Motion carried. 5. REMOVE FROM THE TABLE - EARTH TECH, INC. — PAYOUT 428 AND EARTH TECH, fNC. - PAYOUTS #28 & 29 29 — MUNICIPAL COMPLEX PROJECT - $8,567.56 The Board previously removed this agenda item from the table along with agenda item # 4 and the Board again tabled this item along with item #4 to the Regular Board of Trustees meeting of March 25, 2003. VILLAGE OF OAK BROOK Minutes Page 3 of 4 March 5, 2003 6. ADJOURN TO CLOSED MEETING: To consider the appointment, ADJRN To cLSD MTG employment, compensation, discipline, performance, or dismissal of specific employees of the public body at 8:48 a.m. Motion by Trustee Korin, seconded by Trustee Caleel, to adjourn to Closed Meeting to consider the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body. ROLL CALL VOTE: Ayes: 6 - Trustees Aktipis, Caleel, Craig, Korin, Miologos and Savino. Nays: 0 - None. Absent: 0 - None. Motion carried. 7. ADJOURNMENT: Motion by Trustee Craig, seconded by Trustee Caleel, to adjourn the meeting at 8:58 a.m. VOICE VOTE: Motion carried. ATTEST: 460A 40 inda K. Gonnella, CMC , Village Clerk �� y;•�Q VILLAGE OF OAK BROOK Minutes Page 4 of 4 March 5, 2003 ADJRN