HomeMy WebLinkAbout#13 - Amendment #1 to Leo Daly ContractDATE: November 3, 2021
REGULAR
AGENDA ITEM: Leo A Daly Contract Amendment
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND: The city approved the contract with Leo A Daly at their December 15, 2020 meeting. As the project
has progressed the scope of the project changed resulting in additional fees. ISSUE BEFORE COUNCIL: Should the council approve the contract amendment with Leo A Daly?
PROPOSAL: A copy of the proposed contract amendment is included in your packet. There were 4 changes from the original contract. Change 1 was the city staff requesting the training room be placed on the first floor after conducting site visits ($9,500). Keeping it on the second floor also would have
resulted in a room with low ceilings and limited AV capabilities. Change 2 was the exploration of
the sheriff’s bay which was later dropped ($4,500). Change 3 relates to the use of precast instead of steel joists ($4,000). Change 4 is related to the poor soils discovered at the site after the geo technical investigation ($2,500).
FISCAL IMPACT: Increases the contract cost by $20,500. This has been included in the project cost estimates for the previous agenda item on the city hall and in the bonding amounts to follow. OPTIONS: 1) Approve Contract Modification No 001 with Leo A Daly 2) Amend and then Approve Contract Modification No 001 with Leo A Daly 3) Do not approve a contract modification RECOMMENDATION: “Motion to approve Contract Modification No 001 with Leo a Daly.”
ATTACHMENTS:
• Leo A Daly Contract Amendment
October 15, 2021
Contract Modification Number 001
Lake Elmo City Center
Date of the “Original Agreement”: December 15, 2020.
This contract modification (“Contract Modification”) is made by and between LEO A DALY Company
(“Consultant”) and City of Lake Elmo (“Client”)(together the “Parties”). The purpose of this Contract
Modification is to alter the scope or fee as provided herein. Capitalized terms not otherwise defined
herein shall have the meanings contained in the Original Agreement.
1. SCOPE OF SERVICES
• The Consultant performed the following additional services or scope of work in reference to
Article 4.2.1.1. 1 “Services necessitated by a change in the Initial Information … or a material
change in the Project size, quality, complexity, the Owner’s schedule or budget for the Cost of
the Work.”
o Change in Scope No. 1:
Training/Community Room: The 1,106 square foot space according to the
Initial Information was part of the Brookfield building footprint. Per the City
design team, we moved to the adjacent addition after touring other facilities
and seeing the impact of having the room adjacent to and part of the lobby
and the ability to have taller ceilings proportionate to the size of the space.
o Change in Scope No. 2:
The 746-sf addition was not part of the original Initial Information. It was
designed and developed at the direction of the City’s design team. It was
carried as a bid alternate, through Design Development and then dropped
from the project.
• The Consultant performed the following additional services or scope of work in reference to
Article 3.1.3.1 “The Owner agrees that the Architect is not responsible for damages arising
from any circumstances beyond the Architect’s reasonable control…. or discovery of any
hazardous substances or differing and unforeseeable site conditions.”
o Change in Scope No. 3:
At the direction of the CM, the project design needed to investigate
alternative options to steel bar joist due to market based lead time issues.
Our investigations decreased the lead time of critical structural components
by several months.
o Change in Scope No. 4:
Due to the findings from the Geotechnical Report, our civil and structural
engineers reviewed several alternatives to standard drainage design and soil
preparation to arrive at the most economical and structurally appropriate
solution.
2. COMPENSATION
For services performed under this Contract Modification, the Consultant’s compensation will be:
܈ Lump Sum: $20,500
In addition, reimbursable expenses will be paid per terms of the Original Agreement.
As a result of this Contract Modification, Consultant’s total compensation, if applicable, is now
$583,220.
Consultant shall be paid consistent with the terms and conditions of the Original Agreement.
3. CONTRACT MODIFICATION TERMS & CONDITIONS
A. This Contract Modification shall become effective on the date of the last undersigned party.
B. All other terms under the Original Agreement not modified or contradicted herein shall
remain in full force and effect.
C. The Parties represent and warrant that the undersigned individuals have the authority to
execute this Contract Modification.
D. The execution, delivery and effectiveness of this Contract Modification shall not, except as
expressly provided herein, operate as a waiver of any provision of the Original Agreement.
In Witness Whereof, the Parties have caused this Contract Modification to be executed:
CONSULTANT: LEO A DALY COMPANY
By:
Its:
Name:
Date:
CLIENT: CITY OF LAKE ELMO
By:
Its:
Name:
Date: