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05-231 Resolution No.05-231 RESOLUTION APPROVING CHANGE ORDER NO. 1 AND FINAL IN THE CONTRACT WITH M.I.C., INC. FOR ELGIN FESTIVAL PARK-PHASE A(RIVERWALK) WHEREAS, the City of Elgin has heretofore entered into a contract with M.I.C., Inc. for construction management services for Elgin Festival Park-Phase A(Riverwalk); and WHEREAS,it is necessary and desirable to modify the terms of the contract as is described in Change Order No. 1 and Final, attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,be and is hereby authorized and directed to execute Change Order No. 1 and Final, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 27, 2005 Adopted: July 27, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk ELGIN, ILLINOIS ELGIN FESTIVAL PARK, PHASE A (RIVERWALK) CHANGE ORDER No. 1 and Final CONTRACT: Festival Park, Phase A (Riverwalk) SCOPE: Change Orders No. 1, 2, 3, 4, 5 and 6 will increase the quantities of some items as set forth in Attachment A hereto. The Construction Manager for this project is M.I.C., Inc. of Batavia, Illinois. REASON FOR CHANGE: Change Orders No. 1, 2, 3, 4, 5 and 6 is in the best interests of the City of Elgin and are authorized by law; the changes necessitating these change orders were unforeseeable at the time of the original agreement; and the changes provided for by these change orders are germane to the original agreement. SUMMARY OF CHANGES IN CONTRACT AMOUNT: SEE ATTACHMENT A The original maximum contract amount with M.I.C., Inc. is $2,825,825. By reason of Change Order No. 1, 2, 3, 4, 5 and 6, the contract for the Construction Management Service for Elgin Festival Park Phase A (Riverwalk) will not increase the maximum potential amount of the original contract. The contract amount, inclusive of Change Orders No. 1, 2, 3, 4, 5 and 6 remains two million eight hundred and twenty five thousand eight hundred and twenty five and 00/100 ($2,825,825). The total amount of the increase of the amounts originally scheduled to be paid resulting from the Change Order is $37,452. CHANGE ORDERS No. 1 and Final July 14, 2005 PAGE 2OF2 OTHER CONTRACT PROVISIONS: All other contract provisions shall remain the same. Agreed to this Zat day of 3 U L y 2005. Recommended: Economic Development By: Title: C ?c,e? d t� FC-c,-ve"t', I-c Date: Accepted: M.I.C., Inc Party of the Second Part (Construction Manager) Title: 7' Date: 7/i�f 45 Approved: CITY OF ELGIN Party of the F'rst Part wner) By: Title: Date: QS " J City of Elgin Agenda Item No. IN June 17, 2005 TO: Mayor and Members of the City Council ` . RIVER AS A RESOURCE FROM: Olufemi Folarin, City Manager Raymond H. Moller, Director Economic Development SUBJECT: Change Order No. 1 through 6 with M.I.C., Inc. for Festival Park Phase I PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider Change Order No. 1 through 6 with M.I.C., Inc. for Phase I of the Festival Park Project. RECOMMENDATION It is recommended that the City Council authorize Change Orders 1 through 6 with M.I.C. Inc. to the amount of$37,452. BACKGROUND On September 22, 2004, the City Council awarded a guaranteed maximum construction management contract to M.I.C., Inc, for the construction of Phase I of the Festival Park Project in the amount of$2,825,825. The project is 95% complete. Change Orders No. 1 through 6 involve the following elements of the project scope of work: CHANGE ORDER# ELEMENT VALUE REASON 1 Heavy Doly Ballards $2,475 Limited quantity. Purchased by City Manager 2 Banner Arms for Light Poles $4,158 Arms not originally specified 4 Water Tap $5,505 Upgrade from 2"to 4"to 3 Benches& Trash Receptacles $15,936 Limited quantity purchased by Ci Manager Installation $4,620 By M.I.C. 4 Fence& Erosion Control Blanket Credit ($9,040) in Excavation Bid 5 As halt $2,650 Limited quantity. Purchased by City Manager 6 Decorative Ballards $11,148 Limited quantity. Purchased by City Mana er Total $37,452 Change Order No. 1 through 6 with M.I.C., Inc. for Festival Park Phase I June 17, 2005 Page 2 Costs related to the identified change orders will be funded from the Owner's Contingency Fund. The budget for this line item totals $46,337. Following the approval of the change orders a balance of$8,885 will remain in the line item. SUMMARY OF CHANGES & CONTRACT AMOUNTS BID CONTRACT TOTAL PACKAGE CONTRACT CONTRACTOR VALUE COMPLETE BALANCE Contaminated Soil Excavation On $940,928 $928,784 $12,144 BP#1 Dewatering DJI $254,000 $254,000 $0 BP#2 Storm Sewer DR $86,620 $86,620 $0 BP#3 Excavation DJI $195,460 $186,600 $8,860 BP#4 Asphalt Pavin NO AWARD BP#5 Concrete Ea le $277,800 $277,800 $0 BP#6 Irrigation JM Irrigation $63,258 $58,758 $4,500 BP#7 Fence Complete Fence $15,200 $15,020 $180 BP#8 Unit Paving LPS $118,200 $118,200 $0 BP#9 Graffiti Coatings DES Painting $9,900 $0 $9,900 BP#10 Landscape-Ornamental Pedersen $149,932 $149,932 $0 BP#11 Landscape-Riparian Fritz $41,550 $36,550 $5,000 13P#12 Electrical Par $164,000 $164,000 $0 Subtotal: $2,316,848 $2,276,264 $40,584 3%Construction Contingency $69,505.00 $62,932.00 $6,573 2%Owner Contingency $46,337.00 $37,452.00 $8,885 Pre-Construction Services $41,250.00 $41,250.00 $0 General Conditions $212,060.00 $191,001.00 $21,059 Home Office/OH&P $139,825.00 $128,639.00 $11,186 Total: $2 825,825.00 $2,737,538.00 $88,287.00 COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None �*_LINANCIAL IMPACT The total budget for Festival Park (project number 039520) is $5,412,682, To date $5,237,191.21 has been spent. Included within the budget is a Construction Management Contract with M.I.C., Inc. for$2,825,825. The requested change orders totaling $37,452 will be funded from the Owner (City) 2% Contingency portion of the previously approved M.I.C. Guaranteed Maximum Contract. Change Order No. 1 through 6 with M.I.C., Inc. for Festival Park Phase I June 17, 2005 Page 3 L + ALIMPACT None ALTERNATIVES 1. Authorize the proposed Change Orders. 2. Choose not to authorize the proposed Change Orders. Respectfully submitted for Council consideration. RHM:am Attachments Hitchcock Design Group Silver Anniversary Creating Better Places' 1980-2005 May 18,'2005 Mr.Ray Moller City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request#1—Heavy Duty Bollards Project#: 03-0524002-X03-06-08 Dear Ray: Upon reviewing the proposed costs,it is our recommendation that the City accept the cost to purchase and install the heavy-duty bollards for$2,475.00. To help save money on the Civic Riverfront project,the site furnishings(benches,trash receptacles, and bollards)were purchased and installed by M.I.C. Construction. By doing so,the City saved money by only paying for material and labor costs to install the site furniture. The site furniture for Festival Park was to be dealt with similarly, but apparently the allowance for site fumishings was overlooked and not included in M.I.C.'s contract. Accordingly, the cost for completing the work should be taken from the 2%Owner Contingency. The amount remaining in the owner contingency is as follows: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: SUBTOTAL: $000 Less Previously Applied for Change Orders: Less Current Change Orders: #1 -Added Heavy Duty Bollards f$ M CONTINGENCY REMAINING: $43,862.00 Ray,if you agree,please sign the enclosed change order request and forward to M.I.C. J:\Pr0jects\500's\0524-City of Elgin\002-Elgin Riverfront\X03-Festival Park\CPS-riverwalk\E bollards.doc Change Orderslchg ord#1042005 hvy dty 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ wvwv.hitchcockdesigngroup.com Hitchcock Design Group Silver Anniversary Creating Better Places 1980-2005 May 18,2005 Mr. Ray Moller City of Elgin 150 Dexter Court Elgin,11.60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request#2—Banner Arms&4"Irrigation Tap Project#: 03-0524002-X03-06-08 Dear Ray: Upon reviewing the proposed costs, it is our recommendation that the City accept the following: A. Banner arms for the light poles. The plans and specifications did not clearly specify banner arms for the light poles,thus the cost for the banner arms was not included in the original bid by Parr. To maintain consistency throughout the downtown and the riverfront,we recommend that the City accept the cost of $4,158.00 to install the banner arms for light poles(see attached MIC Request for Change Order#2 and Par Electric letter). B. JM Irrigation 4"tap. The plans and specifications called for a 3"water tap,while the City of Elgin only provides a 2"or 4"water tap. The larger 4"water tap is required to allow for future improvements in Festival Park. JM Irrigation's original bid for a 3"tap was$13,275. The invoice from the City to tap a 4"service line to the property line was$12,526.21,including the$2,271.51 cost to repair the street and sidewalk. JM Irrigation's cost to run piping from the property line to the RPZ/meter was$6,254.00 making the total cost for the 4"tap$18,780.21. We recommend that the City accept the cost difference between the original bid and the final cost for the 4"tap of$5,505.21 (see the attached MIC Request for Change Order#2,JM Irrigation letter,and City of Elgin letter). The cost for Change Order Request#2 should be taken from the 2%owner contingency. The following is a summary of change orders and amount remaining in the owner's contingency: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: 000 SUBTOTAL: $000 J:\Projectsl500's\0524-City of Elgin\002-Elgin Riverfront\X03-Festival Park\CPS-riverwalk\E Change Orders\chg ord#2 042005 banner arms irrigation.doc 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 • www.hitchcockdesigngroup.com Hitchcock Design Group . Silver Anniversary Creating Better Places' 1980-2005 May 18,2005 Mr.Ray Moller City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request#3—Benches&Trash Receptacles Project#: 03-0524002-X03-06-08 Dear Ray: Upon reviewing the proposed costs,it is our recommendation that the City accept the cost of $20,566.00 for the purchase and installation of the benches and trash receptacles for the site. As with the Change Order Request#1 for the heavy-duty bollards,the benches and trash receptacles were not included in M.I.C.'s general conditions allowance and there were no bids for this work. We recommend that the cost for the purchase and installation of the site furniture be taken from the 2% owner contingency. The amount remaining in the owner contingency is as follows: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: 000. SUBTOTAL: $0.00 Less Previously Applied for Change Orders: #1 -Added Heavy Duty Bollards ($2,475.00) #2-Added Banner Arms ($4,158.00) #2-Revised 4"Irrigation Tap ($5,505.21) Less Current Change Orders: #3-Added Site Furnishings ($15,936.00) #3 -MIC labor to install $4.620.00) CONTINGENCY REMAINING: $13,642.79 Ray,if you agree,please sign the enclosed change order request and forward to M.T.C. l:\Projects\500's\0524-City of Elgin\002-E1 in Riverfront\W-F ' trash.doc g esuval Park\CPS riverwalk\E Change Orders\chg ord#3 042005 benches& 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ www.hitchcockdesigngroup.com Less Previously Applied for Change Orders: #1 -Added Heavy Duty Bollards ($2,475.00) ) Less Current Change Orders: #2-Added Banner Arms ($4,158.00) #2—Revised 4"Irrigation Tap ($5.50 . 1) CONTINGENCY REMAINING: $34,198.79 Ray,if you agree,please sign the enclosed change order request and forward to M.I.C. Sincerely, Hitchcock Design Group 110/ 4; Mark Underwood Principal cc: Sue Doornbosch&Travis Wood,M.I.C.,Inc. Rick Hitchcock,Hitchcock Design Group Hitchcock Design Group Silver Anniversary Creating Better Places' 1980—2005 May 18,'2005 Mr.Ray Moller City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request#4—Fence and Erosion Control Blanket Credits Project#: 03-0524002-X03-06-08 Dear Ray: Upon reviewing the proposed costs,it is our recommendation that the City accept the total credit of $9,040.00. The credit is composed of a clerical error for$180.00 on the fence contract with Complete Fence and a credit of$8,860.00 from the contract with DJI for erosion control blanket. Both the earthwork and landscape contractors bid on the erosion control blanket,which due to the sequence of seeding and plugging should have been included in the landscape contractors contract only. We recommend that the credit for the fence contract and the erosion control blanket be added to the 2%owner contingency. The amount remaining in the owner contingency is as follows: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: $0.00 SUBTOTAL: $0.00 Less Previously Applied for Change Orders: #1 -Added Heavy Duty Bollards ($2,475.00) #2-Added Banner Arms ($4,158.00) #2-Revised 4"Irrigation Tap ($5,505.21) #3 -Added Site Furnishings ($15,936.00) #3-MIC labor to install ($4.620.00) Less Current Change Orders: #4-Fence Contract Credit $180.00 #4-Erosion Control Blanket Credit $8,860, CONTINGENCY REMAINING: $22,682.79 Ray,if you agree,please sign the enclosed change order request and forward to M.I.C. I:\Projects\500's\0524-City of Elgin\002-Elgin Riverfront1X03-Festival Park\CPS-riverwalk\E Change Orders\chg ord'#4 042005 credits.doc 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ www.hitcheockdesigngroup.com Hitchcock Design Group Silver Anniversary Creating Better Places- 1980-2005 May 18,2005 Mr.Ray Moller City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request#5—Asphalt Project#: 03-0524002-X0346-08 Dear Ray: Upon reviewing the proposed costs,it is our recommendation that the City accept the cost of$2,650.00 for asphalt work at Festival Park. The asphalt was necessary to patch Lake Street adjacent to the new improvements in this area. Similar to Change Order Requests#1 and#3,asphalt was not included in M.I.C.'s contract and no bids were submitted to complete this work. We recommend that the cost for the asphalt be taken from the 2%owner contingency. The amount t remaining in the owner contingency is as follows: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: $0-00 SUBTOTAL: $000 Less Previously Applied for Change Orders: #1 -Added heavy duty bollards ($2,475.00) #2-Added banner arms ($4,158.00) #2-Revised 4"irrigation tap ($5,505.21) #3-Added Site Furnishings ($15,936.00) #3-MIC labor to install ($4.620.00) #4-Fence contract clerical error $180.00 #4-Erosion control blanket credit $8,860.00 Less Current Change Orders: #5 -Added asphalt f$2•G5�0 00) CONTINGENCY REMAINING: $20,032.79 Ray,if you agree,please sign the enclosed change order request and forward to M.I.C. J:1Projects\500's\0524-City of Elgin\002-Elgin Riverfront\X03-Festival Park\CPS-riverwaIME Change Orders\chg ord#5 042005 asphalt.doc 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ www.hitchcockdesigngroup.com Hitchcock Design Group Silver Anniversary Creating Better Places- 1980-2005 May 18,2005 Mr.Ray Moller City of Elgin 150 Dexter Court Elgin,IL 60120 RE: Elgin Riverfront—Festival Park,Part A(Riverwalk) Change Order Request 6 —Decorative Bollards Project#: 03-0524002-X03-06-08 Dear Ray: Upon reviewing the proposed costs,it is our recommendation that the City accept the cost of $11,148.00 for the purchase and installation of the decorative bollards for the site. As with the Change Order Request#1,#3,and#5 the bollards were not included in M.I.C.'s general conditions allowance and there were no bids for this work. We recommend that the cost for the purchase and installation of the site furniture be taken from the 2% owner contingency. The amount remaining in the owner contingency is as follows: 2%Owner Contingency: $46,337.00 Less Approved Change Orders: X00 SUBTOTAL: $0,00 Less Previously Applied for Change Orders: #1 -Added heavy duty bollards ($2,475.00) #2-Added banner arms ($4,158.00) #2-Revised 4"irrigation tap ($5,505.21) #3 -Added benches&trash recpt. ($15,936.00) #3-MIC labor to install ($4.620.00) #4-Fence contract clerical error $180.00 #4-Erosion control blanket credit $8,860.00 #5 -Added asphalt ($2,650.00) Less Current Change Orders: #' -Added decorative bollards ( 11,148.001 CONTINGENCY REMAINING: $8,885.29 Ray,if you agree,please sign the enclosed change order request and forward to M.I.C. J:\Projectsl500's\0524-City of Elgin\002-Elgin Riverfront\X03-Festival Park\CPS-riverwalk\E Change Orders\chg ord#7 042005 decorative bollards.doc 221 West Jefferson Avenue ■ Naperville, Illinois 60540 ■ Phone 630.961.1787 ■ www.hitcheockciesigngroup.com