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HomeMy WebLinkAbout25-117 Resolution No. 25-117 RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 3 WITH FGM ARCHITECTS, INC. FOR ARCHITECTURAL DESIGN PLANS AND CONSTRUCTION ADMINISTRATION IN CONNECTION WITH THE WING PARK CLUBHOUSE PROJECT (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 Amendment Agreement No. 3 on behalf of the City of Elgin with FGM Architects, Inc., for architectural design plans and construction administration in connection with the Wing Park clubhouse project 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: June 25, 2025 Adopted: June 25, 2025 Omnibus Vote: Yeas: 8 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT AGREEMENT NO. 3 THIS AMENDMENT AGREEMENT NO. 3 ("Amendment Agreement No. 3") is made and entered into this 25th day of June , 2025, 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 further entered into Amendment Agreement No. 1, dated March 6, 2024, wherein the parties clarified the original scope of services under the Original Agreement and the additional services to be provided by the Consultant for the Project, and adjusted payment amounts accordingly; and WHEREAS,the City and the Consultant further entered into Amendment Agreement No. 2, dated April 23, 2025, wherein the parties agreed that the Consultant would provide additional design services related to the implementation of a geothermal system as part of the Project;and WHEREAS,on May 22,2025,bids for the construction of the Project were opened,which resulted in a total assigned construction value for the Project in the amount of$4,319,192.50;and WHEREAS, the City and the Consultant wish to enter into this Amendment Agreement No. 3 to adjust payment amounts to the Consultant to reflect the total assigned construction value for the Project;and WHEREAS,this Amendment Agreement No. 3 is germane to the Original Agreement as signed,and this Amendment Agreement No. 3 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. 3 in their entirety. 2. Section 4 of the Original Agreement, as amended by Amendment Agreement No. 1 and Amendment Agreement No.2,is hereby further amended to read as follows: "4. 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 $4,319,192.50,said amount being$129,575.00,plus a fee in the amount of $17,500.00 for services relating to the implementation of a geothermal system, with the total fee to be paid to the CONSULTANT for the construction document phase not to exceed$147,075.00. 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$4,319,192.50,with the total fee to be paid to the CONSULTANT for the bidding, negotiations, permitting and construction phases the total amount not to exceed $64,800.00. 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. 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." 2 3. That in the event of any conflict between the terms of this Amendment Agreement No. 3, and the terms and provisions of the Original Agreement,Amendment Agreement No. 1,or Amendment Agreement No. 2, the terms and provisions of this Amendment Agreement No. 3 shall supersede and control. 4 That except as amended in this Amendment Agreement No. 3, the Original Agreement as amended by Amendment Agreement No. 1 and Amendment Agreement No.2 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement No. 3 as of the date and year first written above. CITY OF ELGIN CONSULTANT : e,e. / By: City Manager Andrew J Jasek, E e ive Vice President Attest: Attest: afeA City Clerk Legal Dept\Agrecment\FGM Architects Amend Agr 3-Wing Park Clubhouse-6-10-25.docx 3