HomeMy WebLinkAbout25-83 Resolution No. 25-83
RESOLUTION
AUTHORIZING EXECUTION OF AMENDMENT AGREEMENT NO. 2 WITH FGM
ARCHITECTS, INC. FOR DESIGN SERVICES RELATED TO THE IMPLEMENTATION
OF A GEOTHERMAL SYSTEM FOR THE WING PARK CLUBHOUSE PROJECT
(1000 WING STREET)
BE IT 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. 2 on behalf of the City of Elgin
with FGM Architects, Inc., for design services related to the implementation of a geothermal
system for 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: April 23, 2025
Adopted: April 23, 2025
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
AMENDMENT AGREEMENT NO. 2
THIS AMENDMENT AGREEMENT NO. 2 ("Amendment Agreement No. 2") is made
and entered into this 23 day of April , 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 have previously entered into an Amendment
Agreement No. 1 to the Original Agreement dated March 6,2024,wherein the parties clarified the
scope of services under the Original Agreement, agreed that the Consultant would provide
additional services and adjusted payment amounts accordingly; and
WHEREAS, the City and the Consultant wish to enter into this Amendment Agreement
No. 2 in order that the Consultant may provide design services related to the implementation of a
geothermal system as part of the Project, as outlined in the CONSULTANT'S proposal dated
March 5,2025,which is attached hereto as Attachment C and incorporated herein by this reference;
and
WHEREAS, this Amendment Agreement No. 2 is germane to the Original Agreement as
signed,and this Amendment Agreement No. 2 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. 2 in their
entirety.
2. Section 1C shall be added to the Original Agreement and shall read as follows:
"C. The CONSULTANT shall provide design services related to the implementation of
a geothermal system as part of the Project. The scope of these services is described
in the CONSULTANT'S proposal dated March 5, 2025, which is attached hereto
and incorporated herein by reference as Attachment C. In the event of any conflict
between the terms of this Agreement and the terms of Attachment C, the terms of
this Agreement shall supersede and control."
3. Section 4A3 of the Original Agreement is hereby amended to read as follows:
"3. For construction document phase services the CITY shall pay the CONSULTANT
a total amount not to exceed $100,000."
4. That in the event of any conflict between the terms of this Amendment Agreement No. 2
and the Original Agreement,as previously amended by Amendment Agreement No. 1,the
provisions of this Amendment Agreement No. 2 shall supersede and control.
5. That except as amended in this Amendment Agreement No. 2., and previously by
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. 2 as of the date and year first written above.
CITY OF ELGIN CONSULTANT
By: 6 /BY: 6L
City Manager Title Andrew J Jase -Executive Vice President
Attest: Attest:
City Clerk Title
2