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HomeMy WebLinkAboutResolution No. 08-042 CITY OF THE COLONY, TEXAS RESOLUTION NO. 08-042 A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN AMENDMENT TO THE ARCHITECHTURAL AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY AND WIGINTON HOOKER AND JEFFRY FOR ARCHITECTURAL SERVICES RELATED TO THE DESIGN AND CONSTRUCTION OF THE POLICE AND COURTS BUILDING WHICH WAS PREVIOUSLY APPROVED BY THE CITY COUNCIL ON OCTOBER 1, 2007, AND WHICH IS ATTACHED HERETO AS "EXHIBIT A"; AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT; PROVIDING AN EFFECTIVE DATE WHEREAS, the City and Consultant entered into a contract on October 1, 2007 for Consultant to provide architectural services related to the design and construction of the Police and Courts building; and, WHEREAS, on March 3, 2008 the City Council provided direction such that the scope of the said architectural services contract shall include all phases of proposed renovation and expansion of said building; and WHEREAS, the City Council hereby agrees to amend said contract Section 11.2.1 Basic Compensation to authorize an amount not to exceed $691,900.00 (six- hundred-ninety-one-thousand and nine-hundred dollars) to broaden the scope of the contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council of the City of The Colony, Texas hereby approves the amendment to the architectural agreement by and between the City of The Colony and Wiginton Hooke and Jeffry for services related to the design and construction of the Police and Courts Building which was previously approved by the City Council on October 1, 2007. Section 2. That the amendment is attached hereto as Exhibit A. Section 3. behalf of the City. That the City Manager is authorized to execute the amendment on Section 4. passage. That this resolution shall take effect immediately from and after its PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 7th day of April. 2008. Jon Dillard, Mayor y of The Colony, Texas ~ ATTEST: /' ~~~ ,(~ ~'l OF ~" .'y' C\ ,....... 1/.-,....--- ;: J, <i(._ \. .; ~ " "', "'"'\ :[ -l:: . . " "6 . 'J j..:. n " -" \ ~ .",h. -'I' \ > ~,; '~1' ; 0 l ~ \.>00-..,.... ,.I " ,_. . -:.r ~~ :, . ,x ~ J....:, . <C" I. ~\c ,'. .......)..... ,<t ;?~.;t~ APPROVED AS TO FORM: ST ATE OF TEXAS ~ ~ ~ COUNTY OF DENTON ~ FIRST AMENDMENT TO THE ARCHITECTURAL AGREEMENT BETWEEN THE CITY OF THE COLONY AND WIGINTON HOOKER AND JEFFRY This First Amendment ("AMENDMENT") is made to the Architectural Agreement ("AGREEMENT") entered into by and between the City of The Colony, Texas ("CITY") and Wiginton Hooker and Jeffry (collectively "ARCHITECT") acting by and through their authorized representatives. RECITALS: WHEREAS, the CITY and ARCHITECT entered into a Architectural Agreement on or about the 1 sl day of October 2007 ("Original Agreement") concerning the design and construction of the Police and Courts building; and WHEREAS, on or about March 3, 2008, the City Council provided direction for the scope of services contained in the Original Agreement to be expanded to include all phases of proposed renovations and expansion of said building; and WHEREAS, the parties desire to amend the Original Agreement by amending Section 11.2.1 to provide for the appropriate compensation for the broadening of the scope of the Original Agreement. NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein and other valuable consideration the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows: Section 1. That the Original Agreement is hereby amended by amending Section 11.2.1, to provide appropriate compensation for the expanding of the scope of services to include all phases of proposed renovations and expansion of the Police and Courts building, which shall read as follows: "R. 11.2.1 F B S }I or asic ervices,..... On the basis of nine percent (9.0%) of Construction Cost for Additions to the Existing Building (New Construction) and ten percent (10.0%) of Construction Cost for areas within the Existing Building (Renovation and Remodel). Construction Cost shall be as defined in Article 5. Until a design and budget are approved, the construction cost shall be assumed to be $7,530,000 with $6,110,000 allocated for new construction and $1,420,000 for renovation. The fee for Basic Services under this assumption would be $691,900. The fee will be adjusted based upon construction cost." Page 1 TM 26763,76.000 Section 2. That except as amended herein, the terms and conditions of the Original Agreement shall remain in full force and effect. SIGNED AND EFFECTIVE on the date last set forth below. WIGINTON HOOKER AND JEFFRY By: Its: Date: CITY OF THE COLONY, TEXAS By: Q~ ~ Dale Cheatham, City Manager Date: ~ '( o.p;J ~ By: Christie Wilson, TRMC, City Secretary By: Page 2 TM 26763.76,000