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HomeMy WebLinkAbout24-69 Resolution No. 24-69 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT NO. 1 WITH FGM ARCHITECTS, INC. FOR PROFESSIONAL SERVICES IN CONNECTION WITH THE ARCHITECTURAL SERVICES FOR SCHEMATIC DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR AN ADDITION TO THE WING PARK CLUBHOUSE (1000 WING STREET) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that pursuant to Elgin Municipal Code Section 5.02.020B(9)the City Council hereby finds that an exception to the requirements of the procurement ordinance is necessary and in the best interest of the city; and BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard G. Kozal, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement No. 1 on behalf of the City of Elgin with FGM Architects, Inc., for professional services in connection with the architectural services for schematic design and construction administration services for an addition to the Wing Park clubhouse located at 1000 Wing Street, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: March 6, 2024 Adopted: March 6, 2024 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 1 THIS AMENDMENT AGREEMENT NO. 1 ("Amendment Agreement No. 1") is made and entered into this 6th day of March , 2024, by and between the City of Elgin, an Illinois municipal corporation(hereinafter referred to as the"City"), and FGM Architects, Inc., a Delaware corporation authorized to do business in the State of Illinois (hereinafter referred to as "Consultant"). WHEREAS, the City and the Consultant have previously entered into an agreement dated March 30,2022,wherein the City engaged the Consultant to furnish certain architectural services for schematic design and other services for an addition to the City's Wing Park Clubhouse at 1000 Wing Street,Elgin, IL(hereinafter referred to as the"Original Agreement"and the"Project");and WHEREAS, the City and the Consultant wish to enter into this Amendment Agreement No. 1 to clarify the original scope of services under the Original Agreement and the additional services to be provided by the Consultant for the Project pursuant to this Amendment Agreement No. 1; and WHEREAS, this Amendment Agreement No. 1 is germane to the Original Agreement as signed,and this Amendment Agreement No. 1 is in the best interest of the City and authorized by law. NOW, THEREFORE, for and in consideration of the mutual undertakings as set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows: 1. The foregoing recitals are incorporated into this Amendment Agreement No. 1 in their entirety. 2. Section 1 B of the Original Agreement is hereby amended to read as follows: "B. The CONSULTANT shall provide the architectural services for the PROJECT relating to the development of a preliminary program and conceptual site design; design services;construction documentation; and bidding,negotiations,permitting and construction phase services as outlined in the CONSULTANT's proposal dated January 10,2024,attached hereto and made a part hereof as Attachment A-1. In the event of any conflict between the terms of this Agreement and the terms of Attachment A-1, the terms of this Agreement shall supersede and control. For the purposes of clarification, CONSULTANT has completed the schematic design/preliminary program conceptual site plan in conjunction with the Original Agreement." 3. Section 2B of the Original Agreement is hereby amended by adding the following text to the end thereof: "A project schedule will be developed as part of the design phase for the design services; construction document phase; and bidding, negotiations, permitting and construction phase. Such schedule is subject to the approval of the City." 4. Section 4 of the Original Agreement is hereby amended to read as follows: "PAYMENTS TO THE CONSULTANT A. For services provided the CONSULTANT shall be paid as follows: 1. For schematic design services and for a traffic study the CITY shall pay to the CONSULTANT a total amount not to exceed $15,000. For the purposes of clarification, the CITY has paid the CONSULTANT $14,943.84 for such services in connection with the Original Agreement. 2. For design phase services the CITY shall pay to the CONSULTANT a lump sum fee of$35,000 for architecture. In connection with the design phase the CITY shall also pay to the CONSULTANT an amount not to exceed $21,000 for basic service consultant services(allowance), and an amount not to exceed $12,000 for specialty consultants services(allowance). 3. For construction document phase services the CITY shall pay the CONSULTANT the amount of 3% of the assigned construction value for the PROJECT, said assigned construction value being $1,100,000, with the total fee to be paid to the CONSULTANT for construction document phase not to exceed$33,000. 4. For the bidding, negotiations, permitting and construction phases the CITY shall pay the CONSULTANT the amount of 1.5%of the assigned construction value for the PROJECT, said assigned construction value being $1,100,000, with the total fee to be paid to the CONSULTANT for the bidding,negotiations, permitting and construction phases the total amount not to exceed$16,500. B. For outside services provided by the other firms or subconsultants, including but not limited to services relating to soil borings; traffic studies; basic service consultants including structural, mechanical, electrical, plumbing (MEP) and fire protection; and specialty consultant services including civil, landscape, food service and interiors, the CITY shall pay the CONSULTANT the invoiced fee to the CONSULTANT in the amounts not to exceed the amounts set forth in Section 4A above. C. The CITY shall also reimburse the CONSULTANT for other additional out of pocket expenses incurred by the CONSULTANT in connection with the PROJECT in the total amount not to exceed$2,500. • 2 D. The CITY shall make periodic payments to the CONSULTANT based upon actual progress within 30 days after receipt and approval of an invoice. Such said periodic payments for each task shall not exceed the amounts contained herein and shall not be made until the task is completed and accepted by the DIRECTOR." 5. That in the event of any conflict between the terms of this Amendment Agreement No. 1, and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment Agreement No. 1 shall supersede and control. 6. That except as amended in this Amendment Agreement No. 1, the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement No. 1 as of the date and year first written above. CITY OF ELGIN CONSULTANT II BY: By. l ; City Manager Principal Attest: Attest: d.riffity,40- City Clerk Chief Executive Officer 3