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Home My WebLink About02-346 . Resolution No. 02-346 RESOLUTION APPROVING CHANGE ORDER NO. 13 IN 'HE CONTRACT WITH M. I .C. , INC. FOR THE RIVERFRONT/CE TER CITY PROJECT WHEREAS, the City of Elgin has he etofore entered into a contract with M. I .C. , Inc . for construction management services in connection with the construction of Phase I of the Riverfront/Center City Project; and WHEREAS, it is necessary and desirab e to modify the terms of the contract as is described in Change Order No . 13 , attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgi' Municipal Code Section 5 . 02 . 020B (9) the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Iiterim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute Change Order No. 3 , a copy of which is attached hereto and made a part hereof b reference . s Ed Si hock Ed Schoc , Mayor Presented: October 23 , 2002 Adopted: October 23 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk OCT-17-02 THU 01:41 PM CITY OF ELGIN/CITY MGR. FAX NO 18479315610 P. 02 CHANGE ORDER #13 CONTRACT: A contract between the City of ,lgin and M. I .C. , Inc. for construction management services in connection with the construction of Phase I of the Riverfront/center City Project. Ptt9:]ECT: Phase I of the Riverf.r.-ont/Center City Project SCOPE: This 13th Change Order will aut orized M.I .C, , Inc. to enter into change order with the contras ors referenced herein to provide for additional shoreline, boulders, tri-lock repair and pond improvements. CONTRACTS AND AMOUNT OF CHANGES: M. P .C. , Inc. is hereby directed to make the following changes Tri City Shore line improvements (soil) $ 6, 820. 00 Pond Improvements (soil) 13, 200 . 00 $ 20, 020 . 00 Sebert Shore line improvements (boulders) $ 2, 140 .00 M.Y.C. Shore line improvements (Tri-lock rep. irs) $ 5, 000 .00 Naturescape Pond improvements (irrigation line c.nnects) $ 673 .00 TOTAL AMOUNT OF CHANGE ORDER NO. 13 $ 27,833 .00 Summary of changes and contract amounts Revised Total Contract Amount $5, 909, 918 .50 2% Owner Contingency Included in Contract Amount 104, 735 . 00 Less Previously Approved Change Orders: #1 Storm Sewer g Kimball Avenue 30, 350 . 00 #2 Revised Layout g Post Office 33, 763 .00 #3 Tree Protection 0 Walton Island 1, 630 . 00 #4 Added Trees @ Walton Island 5, 626 . 00 ##S Added Benches @ Walton Island 2,460 . 00 i16 Additional Column boat Ramp 5, 244 . 00 001-17-02 THU 0141 PM CITY OF ELGIN/CITY NGR. FAX NO1 18479315610 R 03 Subject Date Page 8 #7 Credit from LPS-Rotary Plaza (5, 245 . 00) 48 Added Guardrail & Posts 7, 515 . 00 #9 Added Recycles Blanket not accepted 410 Revised Electric Plans 4, 270 . 00 #11. Added Engraved Pavers 2, 702 . 00 #12 Hemmens Stairway 150f.665 .57 Remaining Balance of Owner Contingency $ (134, 245.57) Amount of Change Order No. 13 $ 27, 833 , 00 New Total Contract Amount $5 , 937, 751.50 REASON FOR CHANGE: The change order is germane to the original contract as signed and the circumstances necessitating this change in performance were not reasonably foreseeable at the time the contract was signed. The change order is in the best interests of the City and authorized by larw. OTHER CONTRACT PROVISIONS: All other contract provisions remain unchanged. AGREED TO THIS a DAY OF OCTOBER, 2002 . CITY OF ELGIN M. I .C. , INC. , and ILLINOIS Corporation . • , Y_____ By By 1101Wk City $riager President Attest : By ' / tiOrY Ardwgi..dw, Secretary 4.14-wuv City Clerk Citof E I I n Agenda Item No. T�I) E L - October 4 , 2002 G TO: Mayor and Members of the City •ouncil RIVER ASA RESOURCE FROM: Olufemi Folarin, Interim City tanager SUBJECT: Change Order No. 13 with M. I .C. , Inc . For Phase I Riverfront/Center City Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with inform.tion to consider Change Order No. 13 with M. I .C. , Inc. or Phase I of the Riverfront/Center City Project . BACKGROUND On September 12 , 2001, the City Counc ' 1 awarded a guaranteed maximum construction management contract to M. I .C. , Inc. for the construction of Phase I of the Riverfroni /Center City Project in the amount of $5, 775, 673 . 00 . The project is 99% complete. Change Order No. 13 involves the p acement of additional boulders along the east shore of th- river north of the pedestrian bridge leading to Walton Isla d, repairs to the Tri- lock erosion control system for Walton I-.land, installation of a 12 inch clay liner and refill irrigation line to the pond on the south island. Explanations of Change Order • Addition of boulders along shore at orth bridge The addition of boulders at the nor h pedestrian bridge is required to protect two areas against erosion caused by the excessive wave action and eddying (whirl pooling) of water as it comes down off the dam. One area is at the new boat ramp, the other just south of the north bridge at the east bank. These two areas have water action duri g floods that is Change Order #13 MIC October 4, 2002 Page 2 stronger than the planted slopes alo e can handle, even with the Recyclex blanket . The impact of the high water velocity was not anticipated during the design .rocess . • Tri-lock Repair Before the project design developme t began last year, the Engineering Department noted that ar-as of Tri-lock erosion control system were beginning to fail . Additional flooding and the required removal of a fish unker by the IDNR have accelerated areas of tri-lock failire, especially in the channel between the north and south island. This change order item includes the import of gravel, topsoil, Tri-lock modules and the repair of the tri-lock bet een the islands and in other minor areas . • Pond Improvements With the completion of the pond improvements, the removal of �^ one outflow pipe and the installation of a control stand pipe it is apparent that the bottom of the pond on the south island is not able to sustain a consistent water level . This was not anticipated when the changes to the pond were made. Preliminary investigation did not loc-te a single source for the leak, but an overall porous botuom surface, due to the man-made nature of the island and the use of building rubble, etc. to form the islands. The solution is the import of clay to provide the pond with a 12" thi k clay liner, and the addition of a refill line of the irr gation system to offset evaporation and other minor losses of ater to the pond. Tri City Shore line improvements (soil) $ 6, 820 . 00 Pond Improvements (soil) 13, 200 . 00 $ 20, 020 . 00 Sebert Shore line improvements (boulders) $ 2 , 140 . 00 M.I.C. Shore line improvements (Tri-lock r-pairs) $ 5, 000 . 00 Naturescape Pond improvements (irrigation line connects) $ 673 . 00 Total $ 27, 833 .00 Change Order #313 MIC October 4, 2002 Page 3 Prior Change Orders are listed below. t should be noted that Change orders No. 1, No. 2 and No. 12 ere formally authorized and approved by the Mayor and City Counc ' l . Change Orders No. 3 through No. 11 were approved administratively because they were under the $10, 000 approval threshold authorized in the Construction Management Contract between the City and M. I .C. , Inc. The totals for Change Order No. 1 through No. 11 were within the Owner' s Contingency Allowanc: of $104, 735 . 00, which was included within the $5, 775, 673 . 00 G aranteed Maximum Price for the contract with M. I .C. It was only with the inclusion of Change Order No. 12 that the Guaran eed Maximum Price is exceeded by $134, 245 . 57 . Change Order No. 13 will add an additional $27, 833 . 00 to the Guaranteed Maximum Contract amount . Summary of changes and contract amounts Revised Total Contract Amount $5, 909, 918 . 50 2% Owner Contingency Included in Contract Amount 104 , 735 . 00 Less Previously Approved Change Orders : #1 Storm Sewer @ Kimball Avenue 30, 350 . 00 #2 Revised Layout @ Post Office 33 , 763 . 00 #3 Tree Protection @ Walton Island 1, 630 . 00 #4 Added Trees @ Walton Island 5, 626 . 00 #5 Added Benches @ Walton Island 2, 460 . 00 #6 Additional Column @ Boat Ramp 5, 244 . 00 #7 Credit from LPS-Rotary Plaza (5, 245 . 00) #8 Added Guardrail & Posts 7, 515 . 00 #9 Added Recycles Blanket not accepted #10 Revised Electric Plans 4, 270 . 00 #11 Added Engraved Pavers 2, 702 . 00 #12 Hemmens Stairway 150, 665 . 57 Remaining Balance of Owner Contingency $ (134, 245 . 57) Amount of Change Order #13 $ 27, 833 . 00 New Total Contract Amount $5, 937, 751, 50 , . . . , Change Order #13 MIC October 4, 2002 Page 4 COMMUNITY GROUPS/INTERESTED PERSONS CONT•CTED None. P,. FINANCIAL IMPACT 411 The City budget for the Phase I relat=d Riverfront Project is $6, 560, 000 . Grants and donations received for this project total $1, 062, 800 . Thus, the total funding available is $7, 622, 800 . Further anticipated donations total $349, 381 . To date, $7, 973 , 605 has been spent and/o • encumbered, leaving a budget deficit of $350, 805 . This defici plus Change Order #13 , in the amount of $27, 833 , will result i. a total budget deficit of $378, 638 . The total budget for Festival Park is $ P .47 million, with $2 . 18 million remaining available . It is re•ommended that, in order r to correct the budget deficit, the neces ary funds ($378, 638) be transferred from Festival Park (proje, t number 039518) from account number 275-0000-791 . 92-35 . The majority of these funds can be replaced in Festival Park ($ ;49, 381) as anticipated donations are received. GAL IMPACT None. ALTERNATIVES 1 . Choose not to proceed with the projoct . 2 . Proceed with the change order and fund the project with a transfer from the Festival Park Project . r . . . Change Order #13 MIC October 4, 2002 Page 5 RECOMMENDATION It is recommended that the City Council .approve Change Order No. 13 with M. I .C. , Inc . for the Phase I Riverfront/Center City Project in the amount of $27, 833 . 00, aid $29, 257 . 00 be funded through a transfer from the Festival Park Project . Respectful', submitted, lir "4414 Olufemi F9: Inte im Ci , ,� - • , •er RHM:cm Attachments