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Home My WebLink About01-38 Resolution No. 01-38 RESOLUTION AUTHORIZING EXECUTION OF A THIRD 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 Third Amendment Agreement on behalf of the City of Elgin with Williams 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: February 14, 2001 Adopted: February 14, 2001 Vote : Yeas : 6 Nays : 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • THIRD AMENDMENT AGREEMENT THIS THIRD AMENDMENT AGREEMENT is made and entered into this ,?„2,2day of 2001, by and between the CITY OF ELGIN, and Illinois municipal co poration (hereinafter ref rred 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, and Second Amendment Agreement dated 25 October 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 Second Amendment Agreement dated 25 October 2000, along with all 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 Third 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, and Second Amendment Agreement dated 25 October 2000, is hereby further amended as follows: A. Section VI entitled "Payments to the Architect" is amended by adding the following Subparagraph D thereto as follows: 1) That in accordance with Section 1113.22. 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 is as follows: a. That in accordance with Section 11.1112. Future Facilities: The Owner has requested that the Architect and his associated Additional Service Consultant, Walker Parking, alter the scope of their Work and prepare documents during the Construction Documents Phase, to allow for the bidding of an additional future upper level floor to the Parking Structure. The amount of $129,000, per the Second Amendment Agreement dated 25 October 2000 for Parking Structure Engineering required on the Parking Structure portion of the Project shall be increased in the amount of $28,000 for a revised lump sum total of$157,000. 1 hird Amendment Agreement/ Elgin Family Recreation Center and Parking Garage The additional consultant shall be contracted directly with the Architect at a direct fee to the Owner without 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 Third Amendment. The Architect shall be paid for such consultant services an additional lump sum fee of Twenty Eight Thousand Dollars ($28,000) for a revised lump sum total of One Hundred Fifty Seven Thousand Dollars ($157,000). 3. That portion (paragraph 2) of the Second Amendment Agreement which purports to amend Section IV of the agreement shall amend Section VI of the Agreement as provided by the terms of the Second Amendment Agreement. 4. The reasons for the changes as outlined by this Amendment Number 3 are germane to the original contract as signed. 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, and Second Amendment Agreement dated 25 October 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, and Second Amendment Agreement dated 25 October 2000, the terms of this Third 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. By L._ , _ Byeat ity nager Principal Attest: Attest: & -(41-1/t-L.%-C . &011014........City Clerk Notary u blic 2 �{aF I ¢ � City of Elgin , Agenda Item No. A A 7. - � 17 0A4TCDCF.Ol" r+ a .- E `c '>r `,-- L • ,s. -: +: , January 17, 2001 5`( N .- y TO: Mayor and Member of the City Council ltl, ,t,,,,,l,N,, 1,,,.,lllt, AN[l._lll</lL CIVV.ItlllNllll, I.11</.I I . II- , FROM: Joyce A. Parker, City Manager SUBJECT: Amendment No. 3 with Williams Associates Architects for Additional Parking Structure Design Activities PURPOSE The purpose of this memorandum is to provide the Mayor and members of City Council with information to consider Amendment No. 3 with Williams Associates Architects to provide additional design services to bid as an alternate for an additional level of parking for the parking deck associated with the construction of the Family Recreation Center. BACKGROUND On November 17, 1999 and on October 25, 2000, the City Council approved the original contract with Williams Associates and the latest contract amendment, respectively. The latest contract amendment added consultant services associated with various specialty activities within the Family Recreation Center. One of those activities is the design of the parking deck structure which was granted under the Williams contract to Walker Parking Consultants . The subject Amendment No. 3 increases the compensation to Walker Parking Consultants to design an additional top level to the parking facility. The design of the additional level will be bid only as an alternative and the construction cost at which can be any consideration for future award can be discussed at the time the bids are known. If the alternative is not awarded with the base bid of the structure, an additional cost of approximately $50, 000 would be due to Williams covering their additional coordination and associated design and bid document preparation. If the alternative is awarded with the base bid, the cost to the City would be equal to five and one-half percent of the low bid cost of that alternative . The City' s current contract with Williams obligates a fee to Williams equal to five and one-half percent of the construction cost and is therefore covered under the current contract with the City and is J a Amendment No . 3 Parking Deck January 17, 2001 Page 2 not subject to a future amendment . The current estimate of the additional level is $1 . 7 million. Based on previous staff reports, it has already been mentioned that the parking structure, as currently being designed, will be built to accommodate up to two additional levels . The expenditure and exposure to the City financially is $78, 000 and would provide a set of plans and bid documents necessary to utilize at a later date if it is decided not to award the contract at this time . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . OZIkFINANCIAL IMPACT Sufficient funds exist within the Family Recreation Center original budget to fund the amendment . At the time construction bids are awarded, an additional $28, 000 may have to be identified to replace those funds used for the subject design activity. LEGAL IMPACT None . ALTERNATIVES Alternatives include leaving the bid as is, excluding design services for an additional level of parking on the parking deck. RECOMMENDATION It is recommended that the City Council approve Amendment No . 3 and direct staff to execute the necessary documents . Res ectfully submitted, 44? 7Q-Z-N-____. J ce A. Parker City Manager DLL: dw