07-221 Resolution No. 07-221
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO AGREEMENT
WITH FGM ARCHITECTS ENGINEERS, INC.
FOR DESIGN SERVICES FOR FIRE STATION 7
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin, City Manager and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute an Amendment to Agreement with FGM Architects Engineers, Inc. for design
services for Fire Station 7, a copy of which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: September 12, 2007
Adopted: September 12, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
AMENDMENT TO AGREEMENT FOR DESIGN SERVICES
BETWEEN THE CITY OF ELGIN AND THE ARCHITECT FGM ARCHITECTS
ENGINEERS INC. FOR DESIGN SERVICES FOR FIRE STATION 7
THIS AMENDMENT AGREEMENT is made and entered into this W day of
ct , 2007, by and between the CITY OF ELGIN, an Illinois municipal corporation
(herei fter referred to as the "City") and FGM Architects Engineers, Inc., an Illinois corporation
(hereinafter referred to as "Architect").
WHEREAS, the City and the Architect have previously entered into an Agreement dated
March 8, 2006 for design services for the Fire Station 7 (hereinafter referred to as the "Subject
Agreement"); and
WHEREAS,the design services under the Subject Agreement are a three phase program with
the compensation to the Architect therefore being based on the initial estimated square footage and
the initial estimated construction cost for Fire Station 7; and
WHEREAS,at the time of the entry into the Subject Agreement the estimated square footage
for Fire Station 7 was 16,000 square feet with an estimated construction cost of$3,200,000; and
WHEREAS,the final design of Fire Station provides for increased square footage to a total
amount of 20,878 square feet with a resulting increase in construction costs estimated in the amount
of$928,150 for a total estimated construction cost of$4,128,150; and
WHEREAS, Architect has requested that the City agree to enter into this Amendment
Agreement to compensate the Architect for the additional design services being provided for the
larger design of Fire Station 7; and
WHEREAS, the Architect's request for additional compensation for the additional design
services would result in an increase to the Phase II design fee in the amount not to exceed$52,208
and an increase in the Phase III design fee in the amount not to exceed$17,403 with a requested total
increased fee of not to exceed $69,612.
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth in the
Subject Agreement,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.
2. APPENDIX E to the Subject Agreement which provides for the compensation for
Basic Services is hereby amended by amending the Phase II and Phase III sections under the Part 13-
Fee section to read as follows:
Phase II: 7.5% of final construction cost x .75% or$232,008 (whichever is less)
Phase 111: 7.5% of final construction cost x .25% or $77,403 (whichever is less).
3. The changes provided for in this Amendment Agreement are germane to the original
contract as signed and this Amendment Agreement is in the best interests of the City of Elgin and is
authorized by law.
4. That except as expressly amended in this Amendment Agreement the Subject
Agreement shall remain in full force and effect.
5. In the event of any conflict between the terms of this Amendment Agreement and the
terms of the Subject Agreement, the terms of this Amendment Agreement shall control.
IN WITNESS WHEREOF the parties have entered into and executed this Amendment
Agreement as of the date and year first written above.
CITY OF ELGIN FGM ARCHITECTS ENGINEERS
By By l
City ana er Its V;w
Attest:
City Clerk
FALegal Dept\Agreement\FGM Architects-Amend-Fire Stn Tdoc
2