HomeMy WebLinkAbout05-64 Resolution No. 05-64
RESOLUTION
AUTHORIZING EXECUTION OF A FIFTH AMENDMENT AGREEMENT
WITH WILLIAMS ASSOCIATES ARCHITECTS, LTD. FOR
THE CENTRE DESIGN AND CONSTRUCTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager, and Dolonna Mecum,City Clerk,be and are hereby authorized and
directed to execute a Fifth Amendment Agreement on behalf of the City of Elgin with Williams
Associates Architects, Ltd. for design and construction services for The Centre, a copy of which is
attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 9, 2005
Adopted: March 9, 2005
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
FIFTH AMENDMENT AGREEMENT
THIS FIFTH AMENDMENT AGREEMENT is made and entered into this /Yid% day of
/M A c H , 2005, by and between the CITY OF ELGIN, an 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 dated June 14, 2000, a Second Amendment Agreement dated October 25, 2000, a
Third Amendment Agreement dated February 22, 2001, and a Fourth Amendment Agreement
dated July 24, 2002, 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, Second Amendment Agreement dated October 25, 2000, Third Amendment
Agreement dated February 22, 2001, and a Fourth Amendment dated July 10, 2002, 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 Fifth 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, Second
Amendment Agreement dated October 25, 2000, Third Amendment Agreement dated
February 22, 2001, and a Fourth Amendment dated July 10, 2002, is hereby further
amended as follows:
A. Section VI.B entitled "Percentage of Construction Cost Method" should be
revised by amending the additional paragraph at the end of Subparagraph 4
thereof to read as follows:
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Fifth Amendment Agreement/ Elgin Family Recreation Center and Parking Garage
1) That in accordance with Section VI.B.1. Fee Basis of 5.5%: The
Owner has approved a construction budget through the Construction
Phase to include the Base Bid. All Accepted Alternates and all Change
Orders establishing the Architects and Engineers' Base Fee accordingly
are as follows:
a. Final Construction Cost $33,168,911 x 5.5% = $1,824,290
b. FF&E $ 778,197 x 5.5% = $ 42,801
c. Subtotal Project Cost/Fee $33,947,100 x 5.5% = $1,867,091
Therefore, the Project value noted in the last sentence of the
second paragraph in the Agreement, which reads "PROJECT
budget of $29,049,180", assumed a Construction budget which
established the Architects Base Fee and shall be revised
accordingly. Pursuant to the enclosed cost summary, and as
previously noted herein, the Project Construction Costs (Exhibits A,
B and C), establishes the revised total Base Fee of One Million
Eight Hundred Sixty-Seven Thousand Ninety-One Dollars
($1,867,091).
B. Section VI. entitled "Payments to the Architect" is amended by adding the
following Subparagraph F thereto:
1) That in accordance with Section II.B.1. and Section II.C.
respectively Additional Site Visits: The Owner has directed the Architect
to provide additional Site Visits beyond the time allotted in the Base
Agreement. The enclosed summary of Architect's Additional Services
Costs (Exhibit E), establishes an Additional Fee increase in the amount of
Five Thousand Six Hundred Ninety-One Dollars ($5,691).
2) That in accordance with Section II.B.3. Scope Changes: The
Owner has directed the Architect and their Consultants to provide
significant design and scope changes during the Construction Phase.
The enclosed summary of the Architect's Interior Design Consultant
incurred Additional Service Costs (Exhibit F), establishes an Additional
Fee increase in the amount of Three Thousand Four Hundred Forty
Three Dollars ($3,443). Therefore, the revised total Fee for Creative
Interior Design (CID - Interior Design Consultant) shall be revised to Fifty-
one Thousand Nine Hundred Thirteen Dollars ($51,913). Such additional
Consultant shall be contracted directly by the Architect at a direct fee to
the Owner without the 15% markup. The 15% mark-up provision in
Section II.D of the Agreement dated November 17, 1999 is hereby waived
for the aforementioned Consultant services by this Fifth Amendment.
3) That in accordance with Section 11.6.3. Scope Changes: The
Owner has directed the Architect and their Consultants to provide
significant design and scope changes during the Construction Phase.
The enclosed summary of the Architect's Interior Banners Specialty
Professional Consultant incurred Additional Service Costs (Exhibit G),
establishes an Additional Fee increase in the amount of Five Thousand
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Fifth Amendment Agreement I Elgin Family Recreation Center and Parking Garage
Four Hundred Ninety-Seven Dollars ($5,497). Therefore, the revised total
Fee for Judy Disozegi (Interior Banners Specialty Professional
Consultant) shall be revised to Sixty-One Thousand Eight Hundred
Fourteen Dollars ($61,814). Such additional Consultant shall be
contracted directly by the Architect at a direct fee to the Owner without
the 15% mark-up. The 15% mark-up provision in Section 11.D of the
Agreement dated November 17, 1999 is hereby waived for the
aforementioned Consultant services by this Fifth Amendment
4) That in accordance with Section III.H "Alternates": The Owner has
approved the Architect to provide an Architectural Engineered Project
Alternate for the Preschool Playgrounds which has been designed,
engineered, bid, accepted, and subsequently constructed by the Owner's
Forces; therefore, it has been contractually termed as an "Accepted
Alternate." In addition, the enclosed cost summary of the Project's
Accepted Alternate Bid Results (Exhibit D) establishes the total original
value of this Alternate ($33,986 x 5.5% = $1,869) for an Additional Fee
increase in the amount of One Thousand Eight Hundred Sixty-Nine
Dollars ($1,869).
C. Section VI,. entitled "Payments to the Architect" is amended by revising
Subparagraph E thereto to read as follows:
The total compensation to the Architect in accordance with the original
Agreement and the inclusion of Amendments One, Two, Three, Four and
Five as summarized in Exhibit A is at a Fee of Two Million Six Hundred
Ninety-One Thousand Four Hundred Sixty-One Dollars ($2,691,461).
3. The reasons for the changes, as outlined by this Amendment Number Five, are
germane to the original contract as signed.
4. 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, the Second Amendment Agreement dated
25 October 2000, the Third Amendment Agreement dated 22 February 2001, and the
Fourth Amendment Agreement dated July 10, 2002, shall remain in full force and effect.
5. That in the event of any conflict between the provisions of this Fifth Amendment
Agreement and the Agreement of November 17, 1999, as amended by the First
Amendment Agreement dated June 14, 2000, the Second Amendment Agreement dated
October 25, 2000, the Third Amendment Agreement dated February 22, 2001, and the
Fourth Amendment Agreement dated July 10, 2002, the terms of this Fifth Amendment
Agreement shall control.
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Fifth Amendment Agreement/ Elgin Family Recreation Center and Parking Garage
IN WITNESS WHEREOF the parties have entered into and executed this Fifth Amendment
Agreement on the date and year first written above.
CITY OF ELGIN WILLIAMS ASSOCIATES
ARCHITECTS, LTD.
By .,.,._� � a•��.. By / _�i'
o ufe i ola in • om C. os, Principal
City�Ibaer
Attest: Attest:
A-4/14,4_ Ate-e.-4/4--- •
Dolonna Mecur Notary blic
City Clerk
(SEAL)
G:\1999\99036\Owner Contracts\5th and FINAL Amend Agr.doc
OFFICIAL SEAL CIASOWER
NOmr PUSLIC•STAIE OF
COIAIMSSION EXPIRES:0510.07
4
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' I City of Elgin Agenda Item No.
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February 18, 2005 G100
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TO: Mayor and Members of the City Council
I a,
FINANCIALLY STABLE CITY GOVERNME NT
EFFICIENT SERVICES,
AND OU4UTY INFRASTRUCTURE
FROM: Olufemi Folarin, Acting City Manager
David L. Lawry, General Services Gro p Director
SUBJECT: Amendment Number 5 to the Contract with Williams Architects for
The Centre Design and Construction
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to consider approval of Amendment #5 to the City's agreement with Williams
Architects for The Centre design and construction.
RECOMMENDATION
It is recommended that the City Council approve Amendment#5 to the agreement with Williams
Architects for The Centre design and construction in a amount equal to $99,214.50 and direct
staff to execute the necessary documents.
BACKGROUND
Since completion of The Centre, staff has been working with the construction company, Gilbane,
to determine the final cost of the project. Many of the subcontractors felt that extra costs were
due to work items not included in their scope. The contract with Williams Architects determines
their compensation based upon a percentage of final cost. This memorandum provides
information relative to the Williams final contract cost. The Gilbane contract final amendment is
covered under a separate agenda item and will further detail the final construction cost of the
project.
On November 17, 1999, the City Council authorized a contract with Williams Architects for
design and construction related services associated with The Centre. Amendment #1 was
approved on June 14, 2000, and resolved architectural language conflicts between the
architectural and construction management contracts.
Amendment #2 was approved on November 1, 2000, and incorporated several subconsultant
costs into the subject contract such as Walker for the parking deck, Landmark for the civil site
work, and CID for interior design. Amendment #3 was approved on February 22, 2001, and
incorporated the design cost of the additional parking deck level into the subject contract.
Amendment#5 with Williams Architects for The Centre Design & Construction
February 18, 2005
Page 2
Amendment #4 was approved on June 26, 2002, and updated the approved value of Williams
Contract with respect to the construction costs of The Centre at that time. The Williams contract
compensates the consultant at a rate of 5.5% of the construction value. Other elements of
Amendment #4 include an adjustment for the additional inspection of the parking deck, a fast
track allowance to keep bidding on schedule, an allowances for Sherman Hospital interior office
design, the cost of banner design, and payment for design services associated with unaccepted
alternatives.
Amendment #5 again reconciles the fee paid to Williams Architects with respect to the final
construction cost of The Centre. The construction cost known at the time of Amendment#4 was
$32,443,200. The final construction cost is $33,947,100. This value is $82,714.50
Other cost elements included in the subject amendment#5:
1) Additional site visits beyond the completion date at the project ($5,691).
2) Additional interior design services ($3,443).
3) Modifications to the banner designs and layout ($5,497).
4) Architectural fee (5.5%) associated with the Preschool playground equipment constructed
by City Staff and not included in The Centre construction contract($1,869).
The total value of amendment #5 will then be $99,214.50. A copy of Amendment#5 is attached
for your consideration.
Costs previously encumbered on behalf of Williams Architects for The Centre design and
construction include:
Initial Contract $1,738,814
Amendment# 1 0
Amendment# 2 352,654
Amendment# 3 28,000
Amendment#4 $ 472,778
TOTAL $2,592,246
Amendment# 5 increases The City's total obligation to Williams Architects to $2,691,460.50.
Amendment#5 with Williams Architects for TheCentre Design & Construction
February 18, 2005
Page 3
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
ykFINANCIAL IMPACT
_.
The cost associated with Amendment 5 with Williams Architects totals $99,214.50. The budget
for The Centre and Parking Structure, project number 509560, totaled $41,138,640. A summary
of the project accounting is found below.
Account Number Fund Name Amount
270-0000-791.92-36 Fox Bluff Development $ 2,000,000
275-0000-791.92-32 Riverboat Operating 48,000
275-0000-791.92-35 Riverboat Operating 2,597,100
275-0000-791.92-36 Riverboat Operating 16,459,812
296-5051-792.92-46 Parks &Recreation 276,153
340-0000-795.92-36 Park Development 300,000
380-0000-795.92-36 2003 G.O. Bond Projects 17,297,575
382-0000.795.92-36 2002 G.O. Bond Projects $ 2,160,000
$41,138,640
To date, encumbrances against this budget are:
1) Gilbane GMP #1 $ 6,217,945
2) Gilbane GMP # 2 6,087,650
3) Gilbane GMP #3 19,953,489
4) Gilbane GMP #4 3,927,077
5) Gilbane GMP #5 and Final 443,431
(This item also appears on this agenda for approval)
6) Williams Contract 1,738,814
7) Williams Contract, Amendment#2 352,654
8) Williams Contract, Amendment#3 28,000
9) Williams Contract, Amendment#4 472,778
10) Williams Contract, Amendment#5 and Final 99,215
(This item also appears on this agenda for approval)
11) Furniture, Bid #02-058 376,476
12) Fitness Equipment, Bid#02-067 44,735
13) Washer & Dryer, Bid #02-081 11,988
14) Resistance Equipment, Bid#02-084 22,891
15) PC's, Bid #02-86 27,158
16) Scoreboards, Bid #02-096 48,950
Amendment#5 with Williams Architects for The Centre Design & Construction
February 18, 2005
Page 4
17) Window Treatments, Bid #02-104 16,530
18) Cardio Equipment, Bid #02-106 160,752
19) Signage, Bid#02-107 28,155
20) Waste Receptacles, Bid#02-109 18,251
21) Floor Equipment, Bid#02-115 32,964
22) Landmark Engineering 183,570
23) Capitalized Start Up Expenses 699,200
24) Misc. Expense $ 82,652
TOTAL $41,075,325
Funds Remaining $ 63,315
Avi• EGAL IMPACT
None.
ALTERNATIVES
1. Approve Amendment#5 as outlined above.
2. Do not approve Amendment # 5. The City is however contractually obligated to cover
the cost as outlined above.
Respectfully submitted for Council consideration.
(do)
Attachment