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HomeMy WebLinkAbout03-268 Resolution No. 03-268 RESOLUTION AUTHORIZING M. I .C. , INC . TO ENTER INTO A CONTRACT FOR EXCAVATION AND SOIL REMEDIATION SERVICES FOR THE ELGIN RIVERFRONT FESTIVAL PARK PROJECT PHASE ONE WHEREAS, the City of Elgin has heretofore entered into a contract with M. I .C. , Inc . to provide construction management services for the Elgin Riverfront Festival Park Project Phase One; and WHEREAS, it is necessary and desirable to authorize M. I .C. , Inc . to enter into a contract for excavation and soil remediation services for such project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that M. I .C. , Inc . be and is hereby authorized to enter into a contract with Onyx Industrial Services, Inc . , for excavation and soil remediation services in the amount of $940, 928 for the Elgin Riverfront Festival Park Project Phase One . s/ Ed Schock Ed Schock, Mayor Presented: October 8, 2003 Adopted: October 8 , 2003 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk H Memorandum %~# City of Elgin September 19, 2003 t � TO: Mayor and Members of the City Council 1 -- ECONOMIC GROWTH FROM: David M. Dorgan, City Manager Raymond Moller, Director of Economic Development and Business Services SUBJECT: Proposal to Award a Contract Quote to Onyx Industrial Services, Inc . for Festival Park/PAR Townhome Site Earthwork and Excavation Services (Exception to the Procurement Ordinance - 2/3 Majority Required) PURPOSE The pose of this memorandum is to provide the Mayor and members of the City Council with information to consider an award of a contract quote to Onyx Industrial Services, Inc . for the Festival Park site environmental earthwork and excavation services and environmental excavation at the townhome site . BACKGROUND Before the townhomes on South Grove Avenue can be constructed by PAR Development, the site must be removed from the flood plain. A significant amount of earth work is required because a provision for some level of compensatory storage must be provided for on Festival Park. In addition, the enhancement of the bike path and river bank between Lake Street and Prairie Street calls for the removal of soils . Because a portion of the soils that must be handled are contaminated (petroleum product) , it is necessary to contract with a licensed "special waste" excavator. In July, 2003 , it was estimated that approximately 85, 447 cubic yards of earth must be managed at the site . Of that amount, approximately 35, 822 cubic yards of soil were estimated to be contaminated and need to be excavated and disposed of offsite in a licensed land fill . Since this process is very costly, the City' s construction manager, M. I .C. Inc . , investigated potential contractors for work in order to determine how this portion of rthis project fits into the overall available budget . M. I .C. solicited two quotes from experienced excavators : Plote Construction Inc . and Onyx Industrial Services, Inc. Plote ors. Proposal to Award a Contract Quote to Onyx Industrial Services September 19, 2003 Page 2 submitted a combined quote that included both the general excavation of the site and the excavation and removal of contaminated soil as well as importing and distributing structural fill . The Plote quote for the combined work was $2, 388, 982 .25 . Of that amount, $2 , 099, 995 . 75 was for the removal and disposal of the contaminated soil . Onyx submitted a quote for just the excavation and disposal of the contaminated soil as well as importing and distributing structural fill . The Onyx quote was $1, 470, 957 . 80 . In comparing just the excavation and disposal portions of the quotes, the Onyx quote is $1, 470, 957 . 80 and the Plote quote is $2, 099 . 995 . 75 . This is a difference of $629, 401 . 95 . On July 18, 2003 , staff and the City' s environmental consultant met with a representative of the Illinois Environmental Protection Agency to review the site remediation plan for the townhome site and future park. Based upon information received from the IEPA, the consultant revised the earthwork requirements for site remediation at the townhome and Festival Park sites . As a result of the IEPA review, the quantity of soil to be managed has changed from 85, 447 cubic yards to 56, 473 cubic yards . In addition, the quantity of contaminated soil required to be removed from Festival Park and the Townhome site has been reduced from 35, 822 cubic yards to 14 , 289 cubic yards . Based upon the changed earthwork requirements, revised quotes were solicited from Onyx and Plote Construction. Currently Plote' s quote is $1, 404 , 317 . The Onyx quote is $1, 150, 328 . The Onyx quote is $253 , 989 less than Plote' s . Following a thorough review of the quote and discussion between staff, our consultant, PAR/Plote and Onyx, staff is recommending that the portions of the earth work on the project be awarded to both Onyx and Plote Construction. Onyx' s expertise lies in the area of managing contaminated soil . Their bid numbers reflect this fact . Staff is recommending that all the earth work on Festival Park be awarded to Onyx ($870, 326) . In addition, Onyx will be responsible for removing Proposal to Award a Contract Quote to Onyx Industrial Services September 19, 2003 Page 3 1, 556 cubic yards of contaminated material from the townhome site ($70, 602) . The award to Onyx would be $940, 928 . While Onyx did submit a lower quote for the earth work on the townhome site, both City staff and the construction manager feel that in the best interest of achieving a successful building construction project that Plote Construction should be awarded the earth work contract for the townhome site, less the removal of contaminated soil . The award amount to Plote Construction would be $264 , 828 for Phase A of the Townhome Development Project . The site work to be performed by Polte Construction will be in phases . Staff is in the process of finalizing a number of housekeeping revisions to the development agreement with PAR Development . The provision for designating Plote Construction as the entity responsible for the townhome site earth work will be incorporated within the revised development agreement . Site work on the southern portion of the townhome parcel should begin this year. An allowance for sharing the cost for spread footings has been requested by the developer due to the load bearing capacity of the soils at the site . Provision for this request along with the authorization for Plote Construction to perform the earth work on the townhome site will be included in a proposed amendment to the development agreement . The City share of the spread footing allowance is estimated at $300, 000 . M. I .C. Inc . is the construction manager for the Festival Park project, thus the earthwork contract with Onyx, Inc . would be between M. I .C. Inc . and Onyx, Inc . The city would adjust its contract with M. I .C. Inc . in order to provide for the award of the environmental soil earthwork contract . The cubic yard quantities identified for soil excavation are based upon engineer estimates . A contingency allowance of 10% has been added to the excavation cost estimates in order to allow for a variance in actual quantities excavated. If soil excavation is less than the estimated quantities, the cost will be reduced. If excavation exceeds the estimated costs, the amount paid to the contractor will need to be increased. Proposal to Award a Contract Quote to Onyx Industrial Services September 19, 2003 Page 4 The base construction management contract with M. I .0 is currently for $393 , 135 . A change order to the M. I .C. contract will be required if the earth work quote is approved. The contract with M. I .C. will increase by $940, 928 plus 3% for the contractor' s contingency ($28, 227 . 84) and a 2% owners contingency ($18, 818 . 56) . M. I .C. is not authorized to spend either the contractor contingency or the owner' s contingency without the authorization of the City. The change order with M. I .C. will total $987, 974 .40 . In addition to the earth work and environmental costs, there will be other construction related costs for Festival Park that will be presented in the future to the City Council . In order to complete the base bid elements for Festival Park, a ten foot wide concrete pathway will be constructed. Also, electrical, storm sewer, landscaping, and environmental services will be required. It is estimated that these costs should not exceed $750, 000 . The cost of acquiring 122 South Grove Avenue will also be allocated to the Festival Park budget . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT The total budget for this project is $3 . 64 million and includes $2, 570, 000 from the Riverboat Fund, $570, 000 from the South Grove TIF Fund and a $1 million State of Illinois DCCA grant (of which $500, 000 has been received) . The project budget currently has $2, 325, 112 available . The cost of this contract with M. I .C. /Onyx, Inc . will be $940, 928 plus $47, 046 .40 for the contractor and owner contingencies, for a total of $987, 974 .40 . This contract will be charged to Riverboat Fund account number 275-0000-791 . 92-35, project number 039520 (Budget $2 , 518, 952 , Available $1, 755, 112) . In addition to the $1 . 0 Million DCCA Grant (of which $500, 000 has been received) , a $250, 000 contribution is anticipated for riverfront projects in 2004 under the Ameren Peaker Plant folk Proposal to Award a Contract Quote to Onyx Industrial Services September 19, 2003 Page 5 Development Agreement . Staff is also finalizing a HUD Grant, secured through the assistance of Speaker Hastert for $402 , 367 . This grant is also designated for riverfront improvements . LEGAL IMPACT �r A change order with M. I .C. , Inc. would require an exception to the procurement ordinance. Such an exception would require a two-thirds vote by the City Council . ALTERNATIVES 1 . Authorize a change order to the contract with M. I .C. Inc . for the sites' excavation . and disposal services in an amount of $987, 974 .40 . 2 . Do not authorize the change order and proceed with the competitive bid process for the excavation and disposal services . RECOMMENDATION It is recommended to make an exception to the procurement ordinance and authorize a change order with M. I .C. Inc . in the amount of $987, 974 .40 . Respectfully submitted for Council consideration. RM/dr Attachments FESTIVAL PARK - PART A, BASE BID (with 33%soil compaction/expansion factor) September 17,2003 023001 ARTHWORK t?wnees Siddees Plote Plote Onyx On,Yx t,` uani li t. rltt t"l-'extenovokoUL k Area A;Non-impacted Area stockpile topsoil +/-9" 3,270 3,270 CY $ 2.00 $6,540 $ 2.90 $9,483 redistribuetopsoil 3,270 3,270 CY $ 3.50 $11,445 $ 3.25 $10,628 excavate&dispose off-site(unsuitable fill material) 3,176 4,235 CY $ 15.00 1 $63,518 $ 14.25 $60,342 excavate&distribute on-site 3,176 3,176 CY $ 9.00 1 $ 10.75 $34,142 Area'A'Subtotal: 13,951 CY $110,087 $114,595 Area 'B,Environentall Impacted N stockpile topsoil +/-9" 1,995 1,995 CY $ 2.00 $3,990 $ 2.90 $5,786 redistribute to soil 1,995 1,995 CY $ 3.50 $6,983 $ 3.25 $6,484 CL excavate&dispose off-site(environmental areas) 1,520 2,027 CY $ 56.00 $113,490 $ 41.25 $83,598 excavate&distribute on-site 1,520 1,520 CY $ 9.00 $13,680 $ 10.75 $16,340 >_ import&distribute structural fill (clay) 2,978 2,978 CY $ 16.00 $47,648 $ 12.25 $36,481 N Area'B'Subtotal: 10,515 CY $185,791 $148,688 Li Area'C,Environmental Remediation excavate&dispose off-site(environmental areas) 8,030 10,706 CY $ 56.00 $599,558 $ 41.25 $441,639 import&distribute structural fill(clay) 3,3331 3,333 CY $ 16.00 $53,3281_$ 12.25 $40,829 Area'C'Subtotal: 14,039 CY $652,886 $482,468 Bond Cost Included $50,000 Contingency/Allowance 10% $94,876 10% $74,575 Total-Festival Park 38,505 CY $1,043,641 $870,326 Townhouse, Non-Im acted Area import&distribute structural fill(clay) 7,626 7,626 CY $ 16.00 $122,016 $ 12.25 $93,419 m import&distribute fill 4,582 4,582 1 CY 1 $ 16.001 $73,3121 $ 12.25 $56,130 N import&distribute topsoil 650 650 CY $ 25.00 $16,250 $ 21.50 $13,975 m Townhouse, Non-impacted Subtotal: 12,858 CY $211,578 $163,523 fA Townhouse, Environmental Remediation M excavate&dispose off-site(environmental areas) 1,167 1,556 CY $ 56.00 $87,134 $ 41.25 $64,183 C excavate&distribute on-site 1,167 1,167 CY $ 9.00 1 $10,503 $ 10.75 $12,545 F import&distribute structural fill(clay) 1,167 1,167 CY 1 $ 16.00 1 $18,672 $ 12.25 $14,296 Townhouse,Environmental Subtotal: 3,890 CY $116,309 $91,024 Bond Cost Included See Above Contin enc /Allowance 10% $32,789 10% $25,455 Total-Townhome Site 16,748 CY $360,676 $280,002 Total: 55,253 CY Plote: $1,404,317 Onyx: $1,150,328 Onyx Recommended Total All of Festival Park Site earthwork plus Townhouse Site environmental areas w/10%cont. : $940,928 Plote Recommended Total(Townhouse earthwork excluding environmental areas w/10%cunt.): $264,828 Total O pinion of Project Cost $1,205,756 =!T!7 LDING 6 BUILDING 112 TOWNHOME REDEVELOPMENT SITE 'T BUILDING 2 i (CITY OF ELGIN) BUILDING 8 0 z U.1 _�J'- ----- Z BUILDING 5 y- BUILDING 111 114G --BUI `v Li Li ING 4 BUILDING 4 BUILDING 110 -- --: Z---- --- -- .............. ... ............ SOUTH GROVE AVENUE — SHOP CONFIRMATION SAMPLING PLAN SOURCE:PAR DEVELOPMENT TOWNHOME REDEVELOPMENT SITE LEGEND .11- - EPM ELG N lLL S SUBJECT SITE BOUNDARY • -w JMN PmNa Na 44037034 CONFIRMATION SAMPLE-PRAs - 0 $o 6;—..,CONFIRMATION SAMPLE -PNA.&LEAD y l6wralmn AS SHOV%N NlRsiiiiKJR 'W&17034-TM FIGG App'"(F=)Scale c—By ININ AUG 2003 �4 f' INN Figure No, 9 Rev.2 / o � o � o I ♦ o o TOWNHOME I° REDEVELOPMENT a SITE I o ° /4 , —..-�-- -°. a "B" SOUTH GROVE AVENUE O , FP6-t3 1 W _ FPB-.1tl T86-01 , COIN FESTIVAL e I srloP *FPS-1 Ba o1 PARK SITE•FPB-zG N CROCKER FPBS THEATER ```"` 1-0FPB-4 B- FPB-,7 -3 g ♦ FPB-3 O SITE / 6� ♦ GP 1 •FPB-22 F FPO-T4 I • ; Q FPB-23 ° NON-IMPACTED AREA +-0'F z1 P -1 3 3 -7 • 3 FP / � ♦ l ♦ FPB-21 SRZ 2 8 M -7 FPB- iF -7 _ — F _I �MW6 4 8 K - _ K -' -2 � ° 0 SRZ 1_.__._....._.. ° _-_ ° W K B-7 B- � FOX RIVER —t "g" A LEGEND -- SUBJECT SITE BOUNDARY NOTES ———PROPERTY LINE 1)NON-IMPACTED AREA MEETS TIER I RESIDENTIAL MONITORING WELL LOCATION RISK BASED SOIL OBJECTIVES AND IS UNRESTRICTED ❑O BORING LOCATION(WARD ENVIRONMENTAL) FOR OFF-SITE DISPOSAL BORING LOCATION(ENSR) SOIL REMEDIATION PLAN PREVIOUS BORING LOCATION(PATRICK ENGINEERING) FESTIVAL PARK REDEVELOPMENT SITE 2)CONTRACTOR TO REGRADE SOILS FROM RESTRICTED FlELD SCREENING LOCATION Cm Or ELGIN SOIL ZONE TO THE SOIL PLACEMENT AREA.REFER TO ELGIN.I—CAS CONTRACTDRAMNGS FOR FINAL SITE GRADES ® RESTRICTED SOIL ZONE— mesa N.°r PmMa No. 44037074 SOIL MAY BE RELOCATED O JMN SITE BUT MUST BE DISPOSED Ir®rnacon s O BO OF AS SPECIAL WASTE IF REMOVED AS SHOVVN OVED FROM SITE u••,yiiO er JMN ® 3)SEE FIGURE 7 FOR SECTIONS A-A AND B-B ® SOIL REMOVAL ZONE o. e, F 1 KJR »s..c.,.w.,o,... 4?37034-FP-FIG5 (FBBI) OB APPROXIMATE DEPTH OF EXCAVATION(FEET)BELOW EXISTING GRADE cN.o.a by JMN .�r-.cos.° D.. AUG 2003 O SOIL PLACEMENT AREA Appro..0 III JMN figure No. 5-ReV.2