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Home My WebLink About01-252 • , • • Resolution No. 01-252 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH M. I .C. INC. FOR THE ELGIN RIVERFRONT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amendment Agreement on behalf of the City of Elgin with M. I .C. Inc . for the Elgin Riverfront Project, a copy of which is attached hereto and made a part hereof by reference . s; Ed Schock Ed Schock, Mayor Presented: September 12 , 2001 Adopted: September 12 , 2001 Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT made and entered into this 7th day of September 2001, by and between the CITY OF ELGIN, Illinois, an Illinois municipal corporation(hereinafter referred to as the"City"), and M.I.C. Inc., a Illinois corporation, (hereinafter referred to as "Construction Manager".) WHEREAS, the City and Construction Manager hav4 previously entered into an agreement dated April 18, 2001, relating to the Construction Manager providing certain professional services for the City's Phase I Riverfront/Centeir City Project(hereinafter referred to as the"Project"); and WHEREAS,the Agreement further provides that upon receipt of all subcontract and supplier bids for the Project,the Construction Manager shall propose a Guaranteed Maximum Price which shall be the sum of the estimated Cost of Work for the Project and which shall also include the Construction Manager's Contingency, the Construction Manager's Fee and the Owner's Allowance, if any; and WHEREAS, The Agreement further provides that upon acceptance by the City the Guaranteed Maximum proposal for the Project and its basis $hall be set forth in amendments to the Agreement: and WHEREAS, The Construction Manager has received all subcontract and supplier bids for the Project and has proposed to the City a Guaranteed Maximum Price for the Project. NOW, THEREFORE, for and in consideration of the mutual undertaking contained herein, and the mutual undertakings as contained in the Agreement between the City and the Construction Manager of April 18, 2001, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, they parties hereto agree as follows: 1. That the Agreement between the City and the Construction Manager dated April 18, 2001 is amended as follows: A. The Guaranteed Maximum Price for thO Project is $5, 775,673.00 which includes all of the cost of the Work, Tho Construction Manager's Contingency, the Owner's Allowance add the Construction Manager's Construction Phase Fee for the Project. A cost summary providing for a Guaranteed Maximum Price for the attached hereto and made a part hereof as EXHIBIT A. B. The Guaranteed Maximum Price of $5, 775,673.00 for the Project is for the performance and completion of the project in accordance with the documents listed and attached to this First Amendment Agreement as Exhibits A through D as Follows: (1) Exhibit A—Cost Summary providing for cost items of the Guaranteed Maximum Price' (2) Exhibit B—Drawings, Specific tions, addenda and General, Supplemental and Oth r Conditions of the Contract upon which the Guaranteed Ma imum Price for the Project (3) Exhibit C —Assumptions andClarifications made in preparing the Guaranteed Maximum Price. (4) Exhibit D—Completion Schedule. 2. That the reasons for the changes to the Agreement as provided for in this First Amendment Agreement are germane to the original contract as signed 3. That except as amended herein the terms and provisions of the Agreement between the City and the Construction Manager dated April 18, 2001 shall remain in full force and effect. 4. That in the event of any conflict between the prov sions of this First Amendment Agreement and The Agreement dated April 18, 2 01 the terms of this First Amendment Agreement shall control. IN WITNESS WHEREOF, the parties have Caused this First Amendment Agreement to be executed on the date and year first written above. CITY OF ELGIN, a municipal M.I.C. Inc. Corporation A Illinois Company B ,i , 'ity `l.nager P dent Attest: By BY �� e / as City Clerk ecretary EXHIBIT A August 15, 2001 Recommended & Agreed Contract Awards 2001 2002 B.P.#1 Tree Removal Herbo Tree Services Contract for 2001 Awarded $ 8,975.00 Contract for 2002 $ 0.00 B.P. #2 Excavation Tri City Exca ation Contract for 2001 Awarded $486,103.00 Contract for 2002 $27,777.00 B.P. #3 Asphalt H.B. Blacktop Contract for 2001 Recommended 0.00 Contract for 2002 $ 7,946.00 B.P. #4/5 Cofferdam/Dewater M.I.C., Inc. Contract for 2001 Awarded $1,122.043.00 Contract for 2002 $ 0.00 B.P #6 Storm Sewer Tri City Excavation Contract for 2001 Awarded $ 46,587.00 Contract for 2002 $ 0.00 B.P. #7 Unit Paving LPS Paving Contract for 2001 Recommended $ 107,960.00 Contract for 2002 $122,000.00 B.P. #8 Concrete Elliot Constriliction Contract for 2001 Awarded $1,187,717.00 Contract for 2002 $303,920.00 B.P.#9 Masonry M.I.C., Inc. Contract for 2001 Recommended $ 177,790.00 Contract for 2002 $230,653.00 B.P. #10 Steel Complete Fnce Contract for 2001 Recommended $ 50,000.00 Contract for 2002 $ 42,050.00 Additional Steel for Alternates R&R Ironwoi-ks Contract for 2001 Recommended $ 42,165.00 Contract for 2002 0.00 B.P. #11 Irrigation Illinois Irrigation Contract for 2001 Recommended $ 99,450.00 Contract for 2002 $ 28,050.00 B.P. #12 Landscape Sebert Lancscape Contract for 2001 Recommended $247,657.00 Contract for 2002 $ 98,800.00 • . . B.P. #13 Graffiti Resistant/Painting Bob's Painting Contract for 2001 Recommended $ 29,000.00 Contract for 2002 $ 29,803.00 B.P#14 Electrical Parr Electric Contract for 2001 Recommended $187,000.00 Contract for 2002 $217,120.00 Work performed by M.I.C., Inc. Contract for 2001 Recommended $126,201.00 Contract for 2002 $ 60,000.00 General Condition Allowance Contract for 2001 Recommended $ 50,000.00 Contract for 2002 $ 50,000.00 Survey Allowance Contract for 2001 Recommended $ 35,000.00 Contract for 2002 $ 15,000.00 Sub total for 2001 $4,003,648.00 Sub total for 2002 $1,233,119.00 3% Construction Contingency For 2001 $ 120,109.00 For 2002 $36,993.00 2% Owner Contingency For 2001 $ 80,073.00 For 2002 $24,662.00 M.I.C., Inc. Construction & post construction services Awarded For 2001 $211,819.00 For 2002 $65,250.00 Total for 2001 $4,415,649.00 Total for 2002 $1,360,024.00 Guaranteed Maximum Price $5,775,673.00 Table of Contents DIVISION 0-BIDDING REQUIREMENTS 00003 Table of Contents 00004 List of Drawings PRE-BID INFORMATION 00010 Invitation to Bid 00030 Advertisement for Bids INSTRUCTIONS TO BIDDERS 00100 Instructions to Bidders 00130 Pre-Bid Meeting INFORMATION AVAILABLE TO BIDDERS 00210 Preliminary Construction Schedule 00220 Information Available to Bidders(geotech,etc.) • BID FORMS 00300 Bid Form SUPPLEMENTS TO BID FORMS 00410 Bid Security Form 00420 Bidder's Qualification Form 00430 Subcontractor List 00440 Substitution List 00450 Material Suppliers List 00480 Non-Collusion Affidavit 00415 Employee Utilization Form 00490 Sexual Harassment Policy Form AGREEMENT FORMS 00500 Standard Forms 00510 Agreement between Owner and Contractor BONDS AND CERTIFICATES 00610 Performance Bond Form 00620 Payment Bond Form GENERAL CONDITIONS 00700 General Conditions SUPPLEMENTARY CONDITIONS 00800 Supplementary Conditions 00821 Equal Employment Opportunity 00822 Prevailing Wages 00823 Insurance Requirements • • • DIVISION I-GENERAL REQUIREMENTS 01030 Alternate Bids 01200 Project Meetings 01310 Construction Schedule 01340 Shop Drawings,Product Data and Samples 01370 Unit Price Schedule 01410 Testing Laboratory Services 01530 Barriers 01560 Temporary Environmental Controls 01570 Traffic Regulation . 01580 Project Identification&Signs 01591 Field Office 01700 Contract Closeout 01720 Project Record Documents 01730 Operation and Maintenance Data DIVISION 2-SITE WORK 02100 Site Preparation 02110 Site Clearing 02200 Earthwork 02510 Asphalt Concrete Paving 02515 Unit Paving 02520 Concrete Curbs,Walks and Paving 02710 Subdrainage System 02720 Storm Sewerage 02815 Irrigation Sprinkler System 02870 Site and Street Furnishings 02930 Lawns and Grasses 02935 Prairie Establishment 02940 Wetland Establishment 02950 Trees,Shrubs,and Groundcovers DIVISION 3—CONCRETE I 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-place Concrete 03455 Precast Cantilever Panels DIVISION 4-MASONRY 04200 Unit Masonry 04400 Stone Masonry 04450 Cut Stone Veneer DIVISION 5-METALS 05500 Metal Fabrications 1 sMwl adolo1spocAtable of mahpu.doc DIVISION 9-FINISHES 09860 Graffiti Resistant Coatings DIVISION 16- ELECTRICAL 16010 Basic Electrical Requirements 16110 Raceways 16118 Boxes and Handholes 16120 16140 Wire and Cables Wiring Devices 16161 Electrical Enclosures 16195 16450 Electrical Identification Grounding 16463 Power Centers 16470 Panelboards 16475 Overcurrent Protection 16520 Pole Lighting 16550 Lighting and Power Controls APPENDIX Addenda issued Permits Addenda #1 March 19 , 2001 4 Pages Addenda #2 March 20 , 2001 8 Pages Addenda #3 March 23 , 2001 3 Pages 00004 - List of Drawings EX1-EX4 Existing Conditions Plans RI-R6 Removals& Site Preparation Plans IMI-M10 Material Callout Plans LGI-LGI I Layout&Grading Plans Dl-D25 Details AI-A3 Island Pavilion Details 11-15 Irrigation Plans&Details P1-P11 Planting Plans&Details ELO-EL8 Electrical Plans&Details ER1-ER2 Erosion Control Plans CSI Construction Scope Plan tir p r: Cr EXHIBIT C ASSUMPTIONS AND CLARIFICATIONS TO THE GUARANTEED MAXIMUM PRICE FOR TILE ELGIN RIVER FRONT 1. Amendment#1 for the Guaranteed Maximum Price for the Elgin River Front is incorporated here by reference. All assumptions and clarifications include in Amendment#1 remain in effect. 2. The Guaranteed Maximum Price for the Elgin River Front is All work per Exhibit"A". 3. The Guaranteed Maximum Price includes M.LC. {nc. construction phase services fee, Construction Manager's construction contingency, and owner's contingency as shown in Exhibit A. 4. The Guaranteed Maximum Price does not include any costs shown below: a. Building permit fees b. City/County/State fees or costs c. Sales Tax d. Architectural and/or engineering fees and costs e. Construction Testing services f. Utility connection or consumption for water, sewer, steam, natural gas, or electric fees. g. Utility tap-in fees h. Performance Bond for M.I.C. Inc.'s C.M. Services i. Construction security services 5. The following allowances are included in Guaranteed Maximum Price under Amendment#1 GENERAL CONDITION ALLOWANCE Storage Rental $ 2,000.00 Material Allowance $ 10,000.00 Labor Allowance $20,000.00 Trailer/office Rental $ 5,000.00 Mobilization $ 10,000.00 Temporary Telephone $ 6,500.00 Temporary Fencing $ 4,000.00 Temporary Utilities $ 10,000.00 Portolet $ 1,500.00 Dumpsters $ 5,000.00 Testing $ 10,000.00 Construction Photos $ 5,000.00 Office Supplies $ 6,000.00 Survey $ 50,000.00 Job Safety $ 5,000.00 General Condition Allowance Total $150,000.00 6. The schedule is based on the following a. Normal weather for Elgin, Illinois utilizing weather data for the period of 1990 to 2000 b. Review of shop drawings/submittals to lbe within 14 calendar days of receipt by the Architect/Engineer. .• EXHIBIT D COMPLETION SCHEDULE FOR THE ELGIN RIVER FRONT PROJECT 1. The date of Substantial Completion established by this Amendment for all Bid Packages for the Elgin River Front Project is: lune 1, 2002.