02-346 .
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