The URL can be used to link to this page

Home My WebLink About04-252 • r i Resolution No. 04-252 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH M.I.C. INC. FOR THE FESTIVAL PARK PHASE I RIVERFRONT PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,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 Festival Park Phase I Riverfront Project, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: September 22, 2004 Adopted: September 22, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk . f FIRST AMENDMENT AGREEMENT THIS FIRST AMENDMENT AGREEMENT made and entered into this day of September 2004, by and between the CITY OF ELGIN, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City"), and M.I.C. Inc., an Illinois corporation, (hereinafter referred to as "Construction Manager".) WHEREAS, the City and Construction Manager have previously entered into an agreement dated October 23, 2003, relating to the Construction Manager providing certain professional services for the City's Phase I Festival Park Project (hereinafter referred to as the "Prof ect"); 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 Price for the Project and its basis shall 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 a contained in the Agreement between the City and the Construction Manager of October 23, 2002, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1) The that Agreement between the City and the Construction Manager dated October 23, 2002 is amended as follows: A. The Guaranteed Maximum Price for the Project is $2,825,825, which includes all of the cost of the Work, the Construction Manager's Contingency, the Owner's Allowance and 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 of EXHIBIT A. B. The Guaranteed Maximum Price of$2,825,825 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 C as Follows: (1) Exhibit A— Cost Summary providing for cost items of the Guaranteed Maximum Price. C:\Documents and Settings\betsy\Local Settings\Temporary Internet Files\OLK108\M I C Festival Park First Amend Agree 09-04.doc 1 (2) Exhibit B — Drawings, Specifications, addenda and General, Supplemental and Other Conditions of the Contract upon which the Guaranteed Maximum Price for the Project. (3) Exhibit C — Assumptions and Clarifications 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 October 23, 2003 shall remain in full force and effect. 4) That in the event of any conflict between the provisions of this First Amendment Agreement and The Agreement dated October 23, 2002, 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 An Illinois Company J B � � BY City Manager President Attest: By City Clerk Secreta C:\Documents and Settings\betsy\Local Settings\Temporary Internet Files\OLK108\M I C Festival Park First Amend Agree 09-04.doc (00010)TABLE OF CONTENTS INTRODUCTORY INFORMATION / 00010 Table of Contents / 00015 List of Drawings BIDDING REQUIREMENTS 00100 Invitation to Bid 00200 Information for and Instructions to Bidders 00300 Information Available to Bidders 00405 Bid Submittal Checklist 00410 Bid Form 00415 Schedule of Values 00420 Substitution Form 00435 Bid Security 00440 Material Sources and Subcontracted Work Form 00447 Wage Rates 00448 HUD Labor Standards and Requirements(only applicable to sections and divisions identified on the cover) 00450 Certification Requirements 00455 Contractor's Qualifications Form 00460 Equal Employment Written Commitment Guideline 00465 Bidder's Employee Utilization Form 00470 Tax/Collusion/Debarment/Prevailing Wage Affidavit 00480 Sexual Harassment—Policies and Programs CONTRACTING R_E_OUIREMENTS 00520 Construction Manager and Contractor Agreement 00525 Owner and Construction Manager Agreement 00530 Forms Required.with Construction Manager Contractor Agreement 00610 Performance Bond 00615 Payment Bond 00700 General Conditions 00800 Supplementary Conditions DIVISION 1 -GENERAL REOUIREMENTS 01100 Summary 01125 Summary of Multiple Contracts 01140 Work Restrictions 01230 Alternates 01250 Contract Modification Procedures 01290 Payment Procedures 01310 Project Management and Coordination 01320 Construction Progress Documentation 01330 Submittal Procedures 01400 Quality Requirements 01420 References 01530 Barriers 01560 Temporary Environmental Controls 01570 Traffic Regulation 01580 Project Identification 01591 Field Office 01700 Execution Requirements 01731 Cutting and Patching 01770 Closeout Procedures 01781 Project Record Documents 01782 Operation and Maintenance Data i 1 DIVISION 2—SITE CONSTRUCTION 02230 Site Clearing 02231 Tree Protection and Trimming 02300 Earthwork 02310 Environmental Remediation 02620 Subdrainage System 02630 Storm Sewerage 02740 Asphalt Concrete Paving 02751 Concrete Curbs,Walks and Paving 02780 Unit Paving 02810 Irrigation Sprinkler System 02870 Site&Street Furnishings 02920 Lawns&Grasses 02924 Riparian Vegetation 02930 Trees,Shrubs&Groundcovers 02935 Landscape Maintenance DIVISION 3—CONCRETE 03300 Cast-in-place Concrete DIVISION 5—METALS 05500 Metal Fabrications DIVISION 9—FINISHES 09860 Graffiti Resistant Coatings DIVISION 16—ELECTRICAL 16050 Basic Electrical Requirements 16110 Raceways 16118 Boxes and Handholes 16120 Wire and Cables 16140 Wiring Devices 16160 Electrical Enclosures 16195 Electrical Identification 16420 Utility Entrance 16450 Grounding 16550 Exterior Lighting REMEDIATION OBJECTIVES REPORTS AND REMEDIAL ACTION PLANS Festival Park Site admin 1:adminlspecAtabk of contents.doc (00015) LIST OF DRAWINGS PART l —GENERAL 1.1 DESCRIPTION A. Graphic documents bound seperately from the project manual entitled Elgin Riverfront, Segment 2 Festival Park—Part A,Site Improvement Plans, dated March 8,2004 are hereby made a part of the Contract Documents. The drawings include: Sheet Number Sheet Name EX1 -EX2 Existing Conditions Plans ER1 —ER4 Erosion Control Plans&Details RI —R3 Removals&Site Preparation Plans MLI —ML6 Material Callout&Layout Grading Plans D1 —DI 1 Details 11-13 Irrigation Plans &Details P1-P4 Planting Plans&Details EL001 Electrical Symbols&Abbreviations EL101-EL104 Electrical Plans E501-E504 EIectrical Details END OF SECTION City of Elgin Section 00015 list of drawings.doe EXHIBIT C ASSUMPTIONS AND CLARIFICATIONS TO THE GUARANTEED MAXIMUM PRICE FOR FESTIVAL PARK PART A 1. Amendment #1 for the Guaranteed Maximum Price for Festival Park Part A is incorporated here by reference. All assumptions and clarifications included in Amendment#1 remain in effect. 2. The Guaranteed Maximum Price for Festival Park Part A is all work per Exhibit A. 3. The Guaranteed Maximum Price includes M.I.C. Inc. 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 the Guaranteed Maximum Price under Amendment#1: General Condition Allowance SERVICES PROVIDED BY M.I.C., INC. Personnel on-site 1800 hours x$50.00 X $ 80,000 Mobilization $ 10,000 Jobsite Trailer X $ 5,000 Jobsite Communication/E ui ment X $ 10,000 Storage Box $ 2,000 Temporary Toilets X $ 3,060 Temporary Water X $ 1,500 Temporary Electric X $ 5,000 Temporary Telephone X $ 3,000 Fencing X $ 7,500 Protection/Safe X $ 10,000 T3um sters X $ 5,000 General Clean Up X $ 5,000 Final Cleaning X $ 3,500 Street Cleaning X $ 5,000 Job Sign X $ 500 Progress Photo X - $ 2,500 Survey and Layout X $ 20,000 Reproduction Costs X $ 3,500 Material Allowance X $ 10,000 Labor allowance X $ 20,000 TOTAL $ 212,060 F:\City_Manager_OfficeNollerWoller 04N.I.C.Festival Park First Amend Agree 09-04.doc 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 be within 14 calendar days of receipt by the Architect/Engineer F:\City_Manager_OfficeNollerNoller 04\M.I.C.Festival Park First Amend Agree 09-04.doc 1 EXHIBIT D COMPLETION SCHEDULE FOR FESTIVAL PARK PART A 1. The date of Substantial Completion established by this Amendment for all Bid Packages for Festival Park Part A is , 2004. F:\City_Manager_Office\Moller\Moller 04\M.I.C.Festival Park First Amend Agree 09-04.doc t C Its/ Of Elgin Agenda Item No. V: . , Nal September 3, 2004 TO: Mayor and Members of the City Council RECREATIONAL LEISURE ANU C:IJLTUI3AL UVPV l UNITIES FUN ALL LITIL ENf FROM: David M. Dorgan, City Manager Raymond H. Moller, Director of Ec nomic Development SUBJECT: Establishing the Guaranteed Maximum Price for the Construction Management Contract with M.I.C., Inc. for the Festival Park Phase I Riverfront Project PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to approve and establish the Guaranteed Maximum Price for the Construction Management contract with M.I.C., Inc. for the Festival Park Phase I Riverfront Project and to correct a typographical error relating to the award of the Concrete Bid to Eagle Company. RECOMMENDATION It is recommended that the City Council set the Guaranteed Maximum Price for the Construction Management Contract with M.I.C., Inc. for the Festival Park Phase I Riverfront Project at $2,825,825 and to amend the concrete bid award to Eagle Company from $227,800 to $277,800. BACKGROUND The City Council approved an agreement with M.I.C., Inc. for the Festival Park Phase I Riverfront Project on October 23, 2001. The initial contract amount was $393,135. This amount covers three phases of the construction management contract services: Bidding/Contract Award (pre-construction); Construction Phase; and Post Construction Phase. When all bids have been awarded, an amendment to the initial contract is prepared in order to establish the Guaranteed Maximum Price (GMP) for the project. The GMP consists of the total of all low bids for the particular phase, a three percent (3%) constructor's contingency and a two percent (2%) owner's contingency. The constructor's three percent (3%) contingency covers their risk in guaranteeing the price. This contingency will be used to cover those cost items which may have inadvertently been left out of the bid documents. The contingency will not be used to cover changes in scope (i.e. change orders). Use of the constructor's contingency must be reported to the City's project manager prior to use. The two percent (2%) owner's contingency is intended to cover change order issues less than $10,000. The contract establishes authority for the City Manager to approve change orders less than $10,000 to help expedite the construction process. Any use of this contingency by the City Manager will be reported to the City Council. Any change order exceeding $10,000 or when the Y , 4 CMO-MIC GMP for Festival Parks Phase I September 3, 2004 Page 2 two percent (2%) contingency is exceeded must adhere to the City's established change order procedure. By adding the 2% and 3% contingencies, which total $115,842, to the previously approved contract award adjustments to the MIC Construction Management Contract, the Guaranteed Maximum Price is established at $2,825,825. An incentive clause is also included within the subject contract. MIC shares 25 percent(25%) of all remaining dollars below the GMP. The elements of the proposed GMP with M.I.C., Inc. for Phase I of Festival Park are as follows: Recommended and Agreed Contract Awards 2004 Contaminated Soil Excavation Onyx $ 940,928 B.P. # 1 Dewatering DJI $ 254,000 B.P. # 2 Storm Sewer DJI $ 86,620 B.P. # 3 Excavation DJI $ 195,460 B.P. # 4 Asphalt Paving No Award B.P. # 5 Concrete Eagle $ 277,800 B.P. # 6 Irrigation JM Irrigation $ 63,258 B.P. # 7 Fence Complete Fence $ 15,200 B.P. # 8 Unite Paving LPS $ 118,200 B.P. # 9 Graffiti Coating DES Painting $ 9,900 B.P. #10 Landscape - Ornamental Pedersen $ 149,932 B.P. #11 Landscape - Reparation Fritz $ 41,550 B.P. #12 Electrical Parr $ 164,000 SUBTOTAL $2,316,848 3% Construction Contingency $ 69,505 2% Owner contingency $ 46,337 Pre-Construction Services $ 41,250 General Conditions $ 212,060 rk Home Office/OH&P $ 139,825 GUARANTEED MAXIMUM PRICE $ 2,825,825 CMO-MIC GMP for Festival Parks Phase I September 3, 2004 Page 3 On May 9, 2004, the City Council approved ten (10) bid awards for the Festival Park Phase I Project. Bid Package # 5 Concrete, was awarded to Eagle Company in the amount of$227,800. A transcription error occurred at this time. The bid from Eagle was actually $277,800. Eagle is still the low bidder at the adjusted amount of$277,800. The second low bid was $351,330.75. The corrected low bid by Eagle should be accepted and acknowledged with the setting of the GMP for MIC. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost associated with the amendment for M.I.C., Inc. is $115,842. The total budget for Festival Park (project number 039520) is $4,954,582 and includes $2,732,215 from the Riverboat Fund (275-0000-791.92-32), a $1.0 million State of Illinois DCCA grant, $570,000 from the South Grove Tax Increment Financing (TIF) Fund, $250,000 from Ameren Energy Corporation and $402,367 from a HUD grant. To date, $4.322 million has been spent. Following an approval of this amendment approximately $517,000 will be available for other Festival Park improvements. 0�3� AL IMPACT A First Amendment Agreement to the Festival Park Phase I Construction Management contract with M.I.C., Inc. will need to be prepared. ALTERNATIVES 1. Authorize the proposed contract amendment. 2. Choose not to authorize the proposed contract amendment. Respectfully submitted for Council consideration. RHM:cf Attachments