02-226 Resolution No. 02-226
RESOLUTION
APPROVING CHANGE ORDER NO. 12 IN THE CONTRACT WITH
M. I .C. , INC. FOR THE RIVERFRONT/CENTER CITY PROJECT
WHEREAS, the City of Elgin has heretofore 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 desirable to modify the terms of
the contract as is described in Change Order No. 12 , attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section
5 . 02 . 0208 (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, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute Change Order No. 12 , a copy of which is
attached hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 12, 2002
Adopted: June 12, 2002
Omnibus Vote: Yeas: 5 Nays : 0
Attest :
SI Dolonna Mecum
Dolonna Mecum, City Clerk
CHANGE ORDER NO. 12
CONTRACT : A contract between the City of Elgin and M. I .C . , Inc.
for construction management services in connection with the
construction of Phase I of the Riverfront/Center City Project .
PROJECT: Phase I of the Riverfront/Center City Project
SCOPE: This 12th change order will authorize M. I .C. , Inc . to
enter into change orders with the contractors referenced herein
to provide for the construction of a stairway from the riverwalk
to the Hemmens Cultural Center.
CONTRACTS AND AMOUNT OF CHANGES : M. I .C. , Inc . is hereby directed
to make the following changes in the following contracts related
to the construction of a stairway from the riverwalk to the
Hemmens Cultural Center:
1 . Tri City Contract :
BALANCE EARTHWORK $ 15, 455 . 00
UNDERDRAIN PERFORATED 375 . 00
15, 830 . 00
2 . LPS Contract :
UNIT PAVING 'a' $ 3 , 900 . 00
3 , 900 . 00
3 . Elliot Contract :
BARRIER CURB $ 1, 058 . 96
CONCRETE PAVING 5" 4 , 151 . 45
CHEEK WALL 4 , 600 . 00
RETAINING WALL (VENEER) $ 21, 450 . 00
CONCRETE STAIRS 17, 000 . 00
$ 48, 260 . 41
4 . Sebert Contract :
LANDSCAPE $ 5, 034 . 23
MULCH 144 . 00
$ 5, 178 . 23
•
5 . Complete Fence Contract :
HANDRAIL $ 3 , 952 . 00
$ 3 , 952 . 00
6 . Bob' s Painting Contract :
GRAFFITI RESISTANT COATING $ 2, 150 . 00
$ 2, 150 . 00
7 . Parr Electric Contract :
LINE ITEMS FROM PATRICK $ 13 , 350 . 00
$ 13, 350 . 00
8 . M. I .C. , Inc. (to be performed by subcontracts with others) :
BENCHES $ 4, 928 . 00
RETAINING WALL STONE VENEER 14, 382 . 92
CHEEK WALL COPING 8, 239 . 18
RETAINING WALL COPING 8, 044 . 92
SIGN PANEL 2 , 492 . 05
$ 38, 087 . 07
9. M. I . C. , Inc. General Conditions and Construction Management
Services :
TEMPORARY FENCING & GATES $ 2, 050 . 00
SURVEY 3, 000 . 00
TREE 465 . 00
DUMPSTER/PORTO LET 630 . 86
OVERHEAD & PROFIT 13 , 812 . 00
$ 19, 957 . 86
TOTAL AMOUNT OF CHANGE ORDER NO. 12 $150, 665 . 57
SUMMARY OF CHANGES AND CONTRACT AMOUNTS :
Original Total Contract Amount $5, 775, 673 . 00
2% Owner Contingency Included in Contract Amount 104, 735 . 00
Less Previously Approved Change Orders :
#1 Storm Sewer @ Kimball Ave. 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
Remaining Balance of Owner Contingency $ 16, 420 . 00
Amount of Change Order #12
(without 5% contingency) $ 150 , 665 . 57
Net Increase in Original Contract Amount $ 134 , 245 . 57
New Total Contract Amount $5, 909, 918.50
REASON FOR CHANGE : The change order is germane to the original
contract as signed. The change order is in the best interests of
the city and authorized by law.
OTHER CONTRACT PROVISIONS : All other contract provisions
remained unchanged.
CITY OF ELGIN M. I .C. , INC. , an Illinois
corporation
AIL
-,
BY _
cL
Ci y Man:ger By Presi ent
- —
Attest : By 1?1•1//h
Secretary
fitzdte.s.--
City Clerk
F:\Legal Dept\Agreement\ChangeOrderMIC-RiverfrontMasterPlanProject-WAC.wpd
•
y OF E(C/
a� City Agenda Item No.
City of Elgin
E >>JM.
L -r;
June 7, 2002 G .« 4
TO: Mayor and Members of the City Council
RIVER ASA RESOURCE
FROM: Olufemi Folarin, Interim City Manager
SUBJECT: Change Order No. 12 with M. I .C. , Inc.
for Phase I Riverfront/Center City Project .
PURPOSE
The purpose of the memorandum is to provide the Mayor and members
of City Council with information to consider Change Order No. 12
with M. I .C. , Inc . for Phase I of the Riverfront/Center City
Project .
BACKGROUND
On September 12 , 2001, the City Council awarded a guaranteed
maximum construction management contract to M. I . C. , Inc . for the
construction of Phase I of the Riverfront/Center City Project in
the amount of $5, 775, 673 . 00 . The project is 98% complete. Change
Order No. 12 involves the construction of a stairway from the
riverwalk to the Hemmens Cultural Center. This item was bid as an
alternate when the original bids were taken. The item was not
included in the original award for budgeting purposes. As
construction on Phase I of the Riverfront nears completion,
additional funding has become available and the Construction
Manager was able to secure quotes from the sub-contractors in order
to determine if this element of the project could proceed. The
contractors, scope of work and pricing are as follows :
TRI CITY
BALANCE EARTHWORK $ 15, 455 . 00
UNDERDRAIN PERFORATED 375 . 00
15, 830 . 00
LPS
UNIT PAVING 'a' $ 3 , 900 . 00
3 , 900 . 00
M. I . C. Change Order No. 12
June 7, 2002
Page 2
ELLIOT
BARRIER CURB $ 1, 058 . 96
CONCRETE PAVING 5" 4 , 151 . 45
CHEEK WALL 4 , 600 . 00
RETAINING WALL (VENEER) $ 21, 450 . 00
CONCRETE STAIRS 17 , 000 . 00
$ 48 , 260 .41
SEBERT
LANDSCAPE $ 5, 034 . 23
MULCH 144 . 00
$ 5, 178 .23
COMPLETE FENCE
HANDRAIL $ 3 , 952 . 00
$ 3 , 952 . 00
BOB'S PAINTING
GRAFFITI RESISTANT COATING $ 2 , 150 . 00
$ 2 , 150 . 00
PARR ELECTRIC
LINE ITEMS FROM PATRICK $ 13 , 350 . 00
$ 13 , 350 . 00
M.I .C. , INC.
(to be performed by subcontracts with others)
BENCHES $ 4 , 928 . 00
RETAINING WALL STONE VENEER 14 , 382 . 92
CHEEK WALL COPING 8 , 239 . 18
RETAINING WALL COPING 8, 044 . 92
SIGN PANEL 2 , 492 . 05
$ 38 , 087 . 07
M.I.C. , INC.
General Conditions and Construction Management Services
TEMPORARY FENCING & GATES $ 2 , 050 . 00
SURVEY 3 , 000 . 00
TREE 465 . 00
DUMPSTER/PORTO LET 630 . 86
OVERHEAD & PROFIT 13 , 812 . 00
$ 19 , 957 . 86
TOTAL $ 150, 665.57
M. I . C. Change Order No. 12
June 7, 2002
Page 3
The pricing submitted by the sub-contractors is consistent with
their original bids for the specified stairway work. There is an
overall increase of approximately $19, 000, due to additional costs
for the Construction Manager.
Prior Change Orders are listed below. It should be noted that
Change Orders No. 1 and No. 2 were formally authorized and approved
by the Mayor and City Council . 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
Orders No. 1 through No. 11 were within the Owner' s Contingency
Allowance of $104 , 735 . 00, which was included within the
$5, 775, 673 . 00 Guaranteed Maximum Price for the contract with M. I .C.
It is only with the inclusion of Change Order No. 12 that the
Guaranteed Maximum Price is exceeded by $134 , 245 . 57 .
SUMMARY OF CHANGES AND CONTRACT AMOUNTS :
Original Total Contract Amount $5, 775, 673 . 00
2% Owner Contingency Included in Contract Amount 104 , 735 . 00
Less Previously Approved Change Orders :
#1 Storm Sewer @ Kimball Ave . 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
Remaining Balance of Owner Contingency $ 16 ,420 . 00
Amount of Change Order #12
(without 5% contingency) $ 150 , 665 . 57
Net Increase in Original Contract Amount $ 134 , 245 . 57
New Total Contract Amount $5, 909, 918.50
•
. . .
M. I .C. Change Order No. 12
June 7, 2002 .
Page 4
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
The Design Review Committee for the Riverfront Master Plan had
previously approved the design and inclusion of the Hemmens
Stairway in the bid documents .
0 FINANCIAL IMPACT
The budget for this project is $6, 560, 000 . Grants and donations
received and/or anticipated for this year total $1, 222 , 800 . The
total funding available is $7, 782, 800 . To date, $7 , 875, 337 has
been spent or encumbered, leaving a deficit of $92 , 537 . This
deficit plus the change orders would require additional funding of
$226, 783 .
The Festival Park project has a remaining budget of $1 . 7 million.
It is recommended that the necessary funds be transferred from
Festival Park (project number 039520) to the Riverfront/Center City
(project 039518) within the Riverboat Fund, account number 275-
0000-791 . 92-35 . These monies for Festival Park can be re-budgeted
in 2003 , per City Council direction.
LEGAL IMPACT
\100/ The proposed change order requires an exception to the procurement
ordinance.
ALTERNATIVES
1 . Choose not to proceed with the project .
2 . Proceed with the change order and fund the project with
proceeds from the sale of land and Riverfront Action Committee
Revenue .
3 . Proceed with the change order and fund the project with
greater than anticipated Riverboat Revenue .
M. I .C. Change Order No. 12
June 7, 2002
Page 5
RECOMMENDATION
The recommendation is to approve Change Order No. 12 with M. I .C. ,
Inc . for the Phase I Riverfront/Center City Project in the amount
of $150, 665 . 57 and that the net increase in the contract in the
amount of $134 , 245 . 57 be funded through a transfer from the
Festival Park project .
.+ pectf submitted,
Tea
Olufemi F in
Inte 'm C ' y Manager
RHM/sp
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Resolution No. 02-226
RESOLUTION
APPROVING CHANGE ORDER NO. 12 IN THE CONTRACT WITH
M. I .C. , INC. FOR THE RIVERFRONT/CENTER CITY PROJECT
WHEREAS, the City of Elgin has heretofore 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 desirable to modify the terms of
the contract as is described in Change Order No. 12 , attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS, that pursuant to Elgin 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, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute Change Order No. 12 , a copy of which is
attached hereto and made a part hereof by reference .
Ed Schock, Mayor
Presented: June 12 , 2002
Adopted:
Vote : Yeas Nays :
Recorded:
Attest :
Dolonna Mecum, City Clerk
CHANGE ORDER NO. 12
CONTRACT: A contract between the City of Elgin and M. I . C. , Inc .
for construction management services in connection with the
construction of Phase I of the Riverfront/Center City Project .
PROJECT: Phase I of the Riverfront/Center City Project
SCOPE: This 12th change order will authorize M. I .C. , Inc . to
enter into change orders with the contractors referenced herein
to provide for the construction of a stairway from the riverwalk
to the Hemmens Cultural Center.
CONTRACTS AND AMOUNT OF CHANGES : M. I .C. , Inc. is hereby directed
to make the following changes in the following contracts related
to the construction of a stairway from the riverwalk to the
Hemmens Cultural Center:
1 . Tri City Contract :
BALANCE EARTHWORK $ 15, 455 . 00
UNDERDRAIN PERFORATED 375 . 00
15, 830 . 00
2 . LPS Contract :
UNIT PAVING 'a' $ 3 , 900 . 00
3 , 900 . 00
3 . Elliot Contract :
BARRIER CURB $ 1, 058 . 96
CONCRETE PAVING 5" 4, 151 .45
CHEEK WALL 4 , 600 . 00
RETAINING WALL (VENEER) $ 21, 450 . 00
CONCRETE STAIRS 17, 000 . 00
$ 48 , 260 . 41
4 . Sebert Contract :
LANDSCAPE $ 5, 034 . 23
MULCH 144 . 00
$ 5, 178 . 23
5 . Complete Fence Contract :
HANDRAIL $ 3 , 952 . 00
$ 3 , 952 . 00
6 . Bob' s Painting Contract :
GRAFFITI RESISTANT COATING $ 2 , 150 . 00
$ 2 , 150 . 00
7 . Parr Electric Contract :
LINE ITEMS FROM PATRICK $ 13 , 350 . 00
$ 13 , 350 . 00
8 . M. I . C. , Inc . (to be performed by subcontracts with others) :
BENCHES $ 4 , 928 . 00
RETAINING WALL STONE VENEER 14, 382 . 92
CHEEK WALL COPING 8 , 239 . 18
RETAINING WALL COPING 8, 044 . 92
SIGN PANEL 2 , 492 . 05
$ 38, 087 . 07
9 . M. I .C. , Inc . General Conditions and Construction Management
Services :
TEMPORARY FENCING & GATES $ 2, 050 . 00
SURVEY 3 , 000 . 00
TREE 465 . 00
DUMPSTER/PORTO LET 630 . 86
OVERHEAD & PROFIT 13 , 812 . 00
$ 19, 957 . 86
TOTAL AMOUNT OF CHANGE ORDER NO. 12 $150, 665 . 57
SUMMARY OF CHANGES AND CONTRACT AMOUNTS :
Original Total Contract Amount $5, 775, 673 . 00
2% Owner Contingency Included in Contract Amount 104 , 735 . 00
Less Previously Approved Change Orders :
#1 Storm Sewer @ Kimball Ave . 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
Remaining Balance of Owner Contingency $ 16, 420 . 00
Amount of Change Order #12
(without 5% contingency) $ 150 , 665 . 57
Net Increase in Original Contract Amount $ 134 , 245 . 57
New Total Contract Amount $5, 909, 918. 50
REASON FOR CHANGE: The change order is germane to the original
contract as signed. The change order is in the best interests of
the city and authorized by law.
OTHER CONTRACT PROVISIONS : All other contract provisions
remained unchanged.
CITY OF ELGIN M. I . C . , INC. , an Illinois
corporation
By
City Manager By President
Attest : By
Secretary
City Clerk
F:\Legal Dept\Agreement\ChangeOrderMIC-RiverfrontMasterTlanProject-WAC:wpd