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HomeMy WebLinkAbout00-254 Resolution No. 00-254 RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENT AGREEMENT WITH WILLIAMS 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 Second Amendment Agreement on behalf of the City of Elgin with Williams Associates Architects, Ltd. for design services for 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: November 15, 2000 Adopted: November 15, 2000 Vote : Yeas 6 Nays 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • • SECOND AMENDMENT AGREEMENT THIS SECOND AMENDMENT AGREEMENT is made and entered into this 25th day of October 2000, by and between the CITY OF ELGIN, and Illinois municipal corporation (hereinafter referred to as the "City") and WILLIAMS 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 and Architect have also previously entered into a First Amendment Agreement on 14 June, 2000, providing for certain amendments to the Agreement; and WHEREAS, the City has requested and the Architect has agreed to provide additional services; and WHEREAS, Section IIA of the Agreement provides that additional services by the Architect beyond the scope of work of the Agreement requires prior written approval of the City Council. WHEREAS, in order to provide consistent terms between the City's existing Agreement with the Architect and the City's existing 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, as amended by the First Amendment Agreement dated June 14, 2000, 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 Second Amendment Agreement in their entirety. 2. That the Agreement between the City and the Architect dated November 17, 1999, as amended by the First Amendment Agreement dated June 14, 2000, is hereby further amended as follows: A. Section IV entitled "Payments to the Architect" is amended by adding the following Subparagraph C thereto: 1) The Architect's Schematic Design Phase incurred facility tours, significant drawing changes and multiple floor plan options / reviews in the course of the Project, which in turn extended the schedule of this phase by four (4) months. . The complexity of changes reviewed and incorporated into the Schematic Design Phase, which included numerous alternates, i.e., gymnasium, stage, expanded programming, and alternatives to the parking structure which were not included in the Project. Therefore, the Architect has no means of compensation for the same. Subsequently, many of the aforementioned items listed above do , Second Amendment Agreement/ Elgin Family Recreation Center and Parking Garage allow for future expansion to the facilities and their respective systems / equipment. However, they will not be carried as alternates due to costing constraints. Pursuant to the enclosed Schematic Design Phase summary of fee spent (Exhibit A), the Architect shall be paid a total lump sum Additional Architectural Fee of Twenty One Thousand Four Hundred Sixty Dollars ($21,460). 2) That in accordance with Section 11.13.9. Zoning: The Owner directed the Architect to prepare all necessary documentation required for the attendance and presentation to the City of Elgin Zoning Board. The Zoning Board and City Council approved a special use and zero lot line setback for the Recreation Center and Parking Garage. Pursuant the enclosed Zoning services summary of fee spent (Exhibit A), the Architect shall be paid a total lump sum Additional Architectural Fee of Four Thousand Seventy Two Dollars ($4,072). 3) That in accordance with Section II.B.10. Fast Track: The Owner and the Construction Manager have set forth and agreed upon a Fast Track Construction Schedule, which deems it necessary for the Architect to prepare multiple Bid Document Packages. Pursuant the enclosed schedule (Exhibit B), the Architect will be required to prepare two (2) additional Bid Document Packages in the amount of Ten Thousand Dollars ($10,000) per package, totaling a lump sum Additional Architectural Fee of Twenty Thousand Dollars ($20,000) to be paid to the Architect. 4) That in accordance with Section 11.13.12. Future Facilities: The Owner has requested that the Architect and all his associated Consultants continue to design and engineer the Future Pedestrian Entry Bridge through the completion of the Design Development Phase only. This will help the Owner obtain better costing data from the Construction Manager and insure a close coordination of the structure for future integration into the Project. Pursuant the Construction Manager's Preliminary Construction Cost, the Architect's Fee is calculated accordingly (Exhibit C). The Architect shall be paid a total lump sum Additional Architectural Fee of Ten Thousand Eight Hundred Dollars ($10,800) for these associated services. 5) That in accordance with Section 11.6.15. Construction Cost Estimates: The Owner through the inability to hire a Construction Manager during the Schematic Design Phase, directed the Architect to provide multiple detailed Construction Cost Estimates through the Schematic Design Phase. The costs incurred for the Architect to provide such estimates, pursuant the enclosed Cost Estimate Summary of fee spent (Exhibit A), totals a lump sum Additional Architectural Fee of Six Thousand Five Hundred Sixty Seven Dollars ($6,567) to be paid to the Architect. 6) The Contract does not call for the assistance of the Architect in the coordination, review and negotiations of the Wellness / Hospital tenant. However, that in accordance with Section 11.13.17. Services for Tenant Rental Spaces: The Owner has directed the Architect to assist the Owner in the negotiations, RFP, review, leasing and coordination of the Wellness / Hospital tenant. The costs incurred for the Architect to provide such services, pursuant the enclosed Wellness / Hospital Summary of fee spent (Exhibit A) totals a lump sum Additional Architectural Fee of Eight 2 • Second Amendment Agreement/ Elgin Family Recreation Center and Parking Garage Thousand Three Hundred Forty Five Dollars ($8,345) to be paid to the Architect. 7) That in accordance with Section 11.6.22. Additional Consultants: The Owner recognizes the need for Additional Consultants than those listed in the Basic Services of the Contract and hereby requests the inclusion and coordination of these consultants by the Architect. The specific Additional Services required and outlined in Exhibit D are as follows: a. Landmark Engineering in the amount of $42,500 for Civil Engineering services required for the Project. b. Smith Group / JJR in the amount of $19,300 for Landscape and Irrigation architecture and engineering services required for the Project. c. Dickerson Engineering, Inc. in the amount of $21,000 for Electrical Specialty Engineering services, i.e., telephone, data, and specialty sound systems in connection with engineering services to various locations within the Project. d. Creative Interior Design Incorporated in the amount of $48,470 for Interior Design, Signage, and Furnishing services for the Project. e. Robert Behrens Associates in the amount of $9,840 for Food Service Equipment Design and Engineering required for various food service- related components of the Project. f. Consultant to be determined in the amount of $8,000 for Health and Fitness Equipment Layout Design associated with the Recreation Center portion of the Project. g. Walker Parking Consultants in the amount of $129,000 for Parking Structure Engineering required for the Parking Structure portion of the Project. The additional consultants shall be contracted directly with the Architect at a direct fee to the Owner without a 15% mark-up. The 15% mark-up in Section IID of the Existing Agreement dated 17 November 1999 is hereby waived for the aforementioned consultants by this Second Amendment. Pursuant to the enclosed listing of additional consultants and their respective fees (Exhibit D), the Architect shall be paid for such consultant services a total lump sum additional fee of Two Hundred Seventy-Eight Thousand One Hundred Ten Dollars ($278,110). 3. As a result of the Owner's request and approval for expanded surveys and soil borings at the City Hall site for the relocated Parking Deck (Exhibit E), the Architect has exceeded the Contractual lump sum fee by Three Thousand Three Hundred Dollars ($3,300). Therefore, Section VI.B.4 of the Agreement should be revised by amending the figure of"$25,850." in the second to last sentence thereof to read "$29,150." 4. The reasons for the changes as outlined by this Amendment Number 2 are germane to the original contract as signed. 3 Second Amendment Agreement/ Elgin Family Recreation Center and Parking Garage 5. That except as amended herein the terms and provisions of the Agreement between the City and the Architect of November 17, 1999, as amended by the First Amendment Agreement dated June 14, 2000, shall remain in full force and effect. 6. That in the event of any conflict between the provisions of this Second Amendment Agreement and the Agreement of November 17, 1999, as amended by the First Amendment Agreement dated June 14, 2000, the terms of this Second Agreement shall control. IN WITNESS WHEREOF the parties have entered into and executed this Second Amendment Agreement on the date and year first written above. CITY OF ELGIN WILLIAMS ASSOCIATES ARCHITECTS, LTD. /a).41L l By ‘ �t--�_ , i (-,\. , By /1„..ii ,...ed ty Ilanager✓6i Attest: Attest: Witht---4 //Le-GUI,- eibtkhe ir)// • S'I-41-1A-f-)2A__ City Clerk \\serverl\data11999\99036\owner contracts\2nd amend agr_ii.doc : ()FACIAL L SEA L CATHRYN M SCMLEPER 4. NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:06001KM 4 !`.�OF•• 6. . `' �" / ` Agenda Item No. � .., ,,, - City of Elgin L ' r '''; , (II October 19, 2000 G ' 1. . I _,.,; ir: 4.1; TO: Mayor and Member of the City Council RFC„E ATIO NAI L119 L11t 15 "NI,CULTLII.AL C11'1`17141 UNIT II S FOCI All I.C:MIENS. FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 2 to the Williams Associates Architects Contract for Design Services Associated with the Family Recreation Center PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information necessary to consider approval of the subject contract amendment. BACKGROUND On November 17, 1999, the City Council authorized a contract with Williams Associates Architects for design and construction-related services associated with the Family Recreation Center. Amendment No. 1 was approved by the City Council on June 14, 2000 . Amendment No. 1 resolved contractual conflicts between the architectural and construction management contracts. The above contract references additional consultant services that will be incorporated into the contract at a later date . These additional services were recognized as needed, however, costs were not known at that time. The additional professional services include site civil engineering, landscape architecture, electrical design, interior design, food service, health fitness and structural engineering for the parking structure. Contracts with the additional consultants will be with Williams Associates Architects. The contract for the Health Fitness has not yet been finalized but a not-to-exceed value of $8, 000 has been included. Attached for your information is a packet which summarizes the costs of the various consultant services, consultant qualifications and a summary of the selection process, including all firms considered. The total cost of all additional professional service contracts is $278, 110. Williams Associates requested proposals and I Family Recreation Center October 19, 2000 Page 2 met with several firms before negotiating the final contracts with those firms identified in the packet. It should be noted that two of the firms, Landmark Engineering - Site Civil Engineering, and Walker Parking Consultants are local Elgin-based firms . This Amendment No. 2 also adjusts the original contract to add the following services to be performed by Williams Associates : 1 . Increase in project scope and cost Williams' $21, 460 fee based on percentage of final project costs . (Project cost increased from $29, 049, 180 to $31, 393, 650 . ) 2 . Preparation of documents and hearing attendance 4, 072 to change site zoning. 3 . Fast track schedule to bid parking deck in 20, 000 advance of the main building. 4 . Preliminary design of the pedestrian bridge 10, 800 sufficient to allow construction at a later date. 5 . Preliminary cost estimates prepared by Williams 6, 567 prior to Gilbane' s involvement. 6. Involvement with the wellness agreement 8, 345 negotiations . 7 . Additional soil investigation due to modified 3, 300 building scope. The total of all additional costs for this Amendment No. 2 is $352, 654 . A copy of the Amendment No. 2 is attached for your consideration. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Recreation Center Advisory Team. FINANCIAL IMPACT (f...., The additional costs ($352, 654) associated with the additional professional services were anticipated in the project budget . Sufficient funds remain in account number 270-0000-791 . 92-36, project number 509560, to fund this amendment . Family Recreation Center October 19, 2000 Page 3 4116 EGAL IMPACT V\146li None. ALTERNATIVES None. RECOMMENDATION It is recommended that the City Council approve Amendment No. 2 with Williams Associates Architects in the amount of $352, 654 . R- _ •ectfully submitt d, 41111 . a . 1..., J•"ce A. Parker City Manager DLL: amp Attachments