04-252 • 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
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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.
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(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
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(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
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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
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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
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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.
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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