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HomeMy WebLinkAbout00-157 • Resolution No. 00-157 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT AGREEMENT WITH WILLIAM ASSOCIATES ARCHITECTS, LTD. FOR THE FAMILY RECREATION CENTER BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, 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 William Associates Architects, Ltd. for design and construction services for the development of the Family Recreation Center, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 14 , 2000 Adopted: June 14 , 2000 Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk DRAFT 6/6/00 RAGREE/WILLIAM.ASS FIRST AMENDMENT AGREEMENT This First Amendment Agreement is made and entered into this I4.7 day of J LoH , 2000 , by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and WILLIAM ASSOCIATES ARCHITECTS, LTD. , an Illinois corporation, hereinafter referred to as "Architect" ) . WHEREAS, the City and Architect have previously entered into an agreement dated November 17, 1999, relating to the Architect providing certain professional services for the City' s proposed new recreation center (hereinafter referred to as the "Agreement" ) ; and WHEREAS, the City currently intends to enter into a construction management agreement with Gilbane Building Company to provide construction management services for the City' s recreation center; and WHEREAS, in order to provide consistent terms between the City' s existing Agreement with the Architect and the City' s proposed agreement with Gilbane Building Company it is necessary to make certain amendments to the City' s Agreement with the Architect . NOW, THEREFORE, for and in consideration of the mutual undertakings as contained herein, and the mutual undertakings as contained in the Agreement between the City and the Architect of November 17 , 1999, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this First Amendment Agreement in their entirety. 2 . That the Agreement between the City and the Architect dated November 17 , 1999 , is hereby amended as follows : A. That Section IIIA is hereby amended in its entirety to read as follows : "A. The City' s agreement with a Construction Manager for the Project shall provide that the Construction Manager shall name the Architect, its agents, employees and consultants as additional insureds on its liability insurance for bodily injury, sickness, disease, or death arising out of any negligent act or omission of the Construction Manager, its agents or others for whom the Construction Manager is legally responsible . The obligations of the construction Manager shall not extend to the liability of the Architect, the Architect ' s consultants and agents and employees of any of them arising out of (1) the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or instructions by the architect, the Architect ' s consultants and agents and employees of any of them provided such giving or failure to give is the primary cause of the injury or damage . Such insurance to be provided on a primary non-contributory basis . Such insurance shall require that the insurance carrier shall notify the Architect if such insurance is to be cancelled or terminated at least thirty (30) days in advance of any such cancellation or termination. The City' s Agreement with a Construction Manager for the Project shall also provide in the General Conditions as amended by the Supplementary General Conditions that the Construction Manager shall include language in all subcontracts and purchase orders for the Architect and Owner to be named as ' additional insured' on all liability insurance of not less than the types and amounts of insurance as set forth on the exhibit hereto entitled "Insurance Requirements for Subcontracts and Purchase Orders--June 6, 2000" attached hereto . " 3 . That Section IIIK is hereby amended in its entirety to read as follows : "The City' s agreement with a Construction Manager for the Project shall provide an indemnify provision in the General Conditions as amended by the Supplementary General Conditions as follows : Tb the fullest extent permitted by law, the Construction Manager waives any right of contribution against and shall indemnify and hold harmless the Owner, Owner' s Representative, Architect, Architect ' s consultants, and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney' s fees, arising out of ' or resulting from or in connection with the performance of the Work, provided that any such claim, damage, loss, or expense (these are collectively referred to as "claims" ) is attributable to bodily injury, sickness, disease or death or to injury to or destruction of tangible property (other than the Work itself) including loss of use resulting -2- whole or inpart byany and is caused in negligent act or omission of Contractor, any Subcontractor, anyone whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Contract . " 4 . That Section IIIL entitled "Construction General Conditions" is hereby deleted in its entirety. 5 . That except as amended herein the terms and provisions of the Agreement between the City and the Architect of November 17 , 1999 shall remain in full force and effect . 6 . That in the event of any conflict between the provisions- of this First Amendment Agreement and the Agreement of November 17 , 1999, the terms of this First Amendment Agreement shall control . IN WITNESS WHEREOF the parties have entered into and executed this First Amendment Agreement on the date and year first written above . CITY OF ELGIN WILLIAM ASSOCIATES ., ARCHITECTS, LTD. H00•641,r�aa, ..„... „, ,. By By `ice! 3®:d C ' M ager b72y/Ot� ��� t � �' / ''' 6 Attest : Attest : o • '�: r, 2116169-1 — fik-52CA'41---- ..1)t '",, f t 3e 7;‘e .41.t',„., City Clerk OFFICIAL SEAL CATHRYN M SCHLEPER NOTARY PUBLIC,STATE Of ILLINOIS MY COMMISSION EXPIRES:08/01103 -3- F INSURANCE REQUIREMENTS FOR SUBCONTRACTS AND PURCHASE ORDERS--JUNE 6, 2000 STATUTORY WORKERS' COMPENSATION EMPLOYERS' LIABILITY (not less than$100,000) and coverage under the United States Longshoremen's and _- Harbor Workers' Compensation Act, and Broad Form All States Coverage. • COKMERCIAL GENERAL LIABILITY To be provided on an`occurrence" basis, with coverage to include explosion,collapse and underground hazards (XCU),Blanket Contractual,Products,•Independent Contractors, Completed Operations,Personal Injury, and Employees as additional insured. BODILY INTURY LIMITS PROPERTY DAMAGE LIMITS —$1,000,000 each occurrence $1,000,000 each occurrence $2,000,000 aggregate * $2,000,000 aggregate * PERSONAL INTURY LIMITS $1,000,000 each occurrence $1,000,000 aggregate * *Agrezate shall apply to this project only(aggregate not to include other projects) and must be identified as such on the certificate of insurance. AUTOMOBILE LIABILITY, including owned,non-owned, and hired automobiles. Automobiles of subcontractors and material suppliers must meet the same insurance requirements. BODILY ThffURY LIMITS PROPERTY DAMAGE LI IITS $1,000,000 Each Person $1,000,000 Each Occurrence $1,000,000 Each Occurrence EXCESS UMBRELLA LIABILITY,to provide insurance in excess of Employer's Liability, Commercial General Liability, and Automobile Liability policies required hereunder. $5,000,000 each occurrence and$5,000,000 general policy aggregate."