Loading...
HomeMy WebLinkAbout92-0513 Gardner Roach Welch Architects qa-oS13 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GARDNER, ROACH & WELCH, ARCHITECTS, LTD. BE IT RESOLVED BY THE CITY COUNCIL, OF THE CITY OF ELGIN, ILLINOIS, that Larry L. Rice, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Gardner, Roach & Welch, Architects, Ltd. for architectural services for the rehabilitation and relocation of residences located at 31and 355 Seneca Street to 425-427 and 434 Fremont Street, a cpy of which is attached hereto and made a part hereof by referece. s/ Gedrge VanDeVoorde George VanDeVoorde, Mayor Presented: May 13, 1992 Adopted: May 13, 1992 Omnibus Vote: Yeas 6 Nays 0 Recorded: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk T H E , AMERICAN INSTITUTE OF ARCHITECTS ``sl 1% • AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limitjed Scope 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AGREEMENT made as of the Thirteenth (13) day of April - in the year of Nineteen Hundred and Ninety-Two (92) BETWEEN the Owner: City of Elgin (Name and address) 150 Dexter Court Elgin, Illinois 60120-555 (Contact: Ray Moller 7108/931-6749) and the Architect: Gardner, Roach & Welch, Architects, Ltd. (Name and address) 114 Garfield Street Barrington, Illinois 60010 (Contact: Bill Gardner 708/304-1899) For the following Project: (Include detailed description of Project, location, address and scope.) Development of specifications and necessary plans for rehabilitation of residences currently located at 317 and 55 Seneca Street in Elgin once they have been relocated to new founda ions at 425-427 and 434 Fremont Street per GRW, Ltd. letter proposes dated March 17, 1992 . The Owner and Architect agree as set forth below. Copyright 1974,19'8,C 198'by The American Institute of Architects,1735 New York Avenue,NAV.,Washington,D.C.20006. . Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 0151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•MA* •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,NM.,WASHINGTON,D.C.20006 • B151-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws end is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT r ARTICLE 1 2.4 CONSTRUCTION PHASE—ADMINISTRATION ARCHITECT'S RESPONSIBILITIES OF THE CONSTRUCTION CONTRACT 2.4.1 The Architect's responsibility to provide Basic Services 1.1 ARCHITECT'S SERVICES for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates 1.1.1 The Architect's services consist of those services per- at the earlier of issuance to the Owner of the final Certificate for formed by the Architect.Architect's employees and Architect's Payment dr 60 days after the date of Substantial Completion of consultants as enumerated in Articles 2 and 3 of this Agreement the Work. and any other services included in Article 12. 2.4.2 The Architect shall provide administration of the Con- 1.1.2 The Architect's services shall be performed as expedi- tract for Construction as set forth below and in the edition of tiously as is consistent with professional skill and care and the AIA Document A201, General Conditions of the Contract for orderly progress of the Work. Construction, current as of the date of this Agreement. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. 2.4.3 Duties,responsibilities and limitations of authority of the Architect Shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent shall not he unreasonably withheld. 2.4.4 The Architect shall be a representative of and shall advise and consult with the Owner(1) during construction until final 2 payment to the Contractor is due and (2)as an Additional Ser- ARTICLEvice at the Owner's direction from time to time during the cor- SCOPE OF ARCHITECT'S BASIC SERVICES rection period described in the Contract for Construction. 2.4.5 The Architect shall visit the site at intervals appropriate 2.1 DEFINITION to the stage of construction or as otherwise agreed by the 2.1,1. The Architect's Basic Services consist of those described Owner a d Architect in writing to become generally familiar with the progress and quality of the Work completed and to under the three phases identified below, any other services de[ermin in general if the Work is being performed in a man identified in Article 12.and include normal structural,mechani- cal and electrical engineering services. nee indica ting that the Work when completed will be in accor- dance with the Contract Documents. However, the Architect 2.2 DESIGN PHASE shall not be required to make exhaustive or continuous on-site inspectiofls to check the quality or quantity of the Work. On 2.2.1 The Architect shall review with the Owner alternative the basis'of on-site observations as an architect, the Architect approaches to design and construction of the Project. shall keej the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against 2.2.2 Based on the mutually agreed-upon program. schedule defects and deficiencies in the Work. (More exIeruire silo • and construction budget requirements, the Architect shall representation may be agreed to as an Additional Service. a< prepare, for approval by the Owner, Design Documents con- described in Paragraph 3.2.) sisting of drawings and other documents appropriate for the Project.and shall submit to the Owner a preliminary estimate of 2.4.6 The Architect shall not have control over or charge of Construction Cost. and shall not be responsible for construction means,methods. techniqs, sequences or procedures,or for safety precautions 2.3 CONSTRUCTION DOCUMENTS PHASE and pro rams in connection with the Work. since these arc solely t e Contractor's responsibility under the Contract for 2.3.1 Based on the approved Design Documents,the Architect , Constru4tion. The Architect shall not be responsible for the shall prepare, for approval by the Owner, Construction Docu- Contract ir's schedules or failure to carry out the Work in ments consisting of Drawings and Specifications setting forth in accordance with the Contract Documents. The Architect shall detail the requirements for the construction of the Project and not have control over or charge of acts or omissions of the shall advise the Owner of any adjustments to previous Contractor,Subcontractors,or their agents or employees.or of preliminary estimates of Construction Cost. any other persons performing portions of the Work. 2.3.2 The Architect shall assist the Owner in connection with 2.4.7 Tie Architect shall at all times have access to the Work the Owner's responsibility for filing documents required for wherever it is in preparation or progress. the approval of governmental authorities having jurisdiction �'�' over the Project. 1 r. ed he A hest' sen ns a eva t<>r ().1- e ,f e on r or's licat' s for .�me . the c 9se t small 2.3.3 Unless provided in Article 12, the Architect, following r view nd ce y th iou due Con ractdr. the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost,shall assist 2. T re ct's ce ' tcatio r pad nt shy nnsti c the Owner in obtaining bids or negotiated proposals and assist re s nt ' n tot Own aced the neer in awarding and preparing contracts for construction. v ions he site pros' d in Su aragra 2.4 5 d the AIA DOCUMENT 0151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION AIA •©I9M- THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE.N W.,WASHINGTON,D C.20006 B151-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright Iav o and is subject to legal prosecution. data cu rising r Conte ur's Ap icatioVor Pav enc,th. they shall be paid for by the Owner as provided in this Agree- the "ork, to a best the Ar Meet's know•le e• info• .- mens. Such Additional Services shall include, in addition to n and ief, h. rogress to thnt i cater .•• that those described in Paragraphs 3.2 and 3.3, budget analysis. quality the "•rk is in cordar�ce with a Cont t Ducu- financial feasibility studies, planning surveys, environmental me . The ' ance 0 . Certif ate for P .-ment 5.. I not .: a studies, measured drawings of existing conditions, coordina- r resent 'on that e Architect has ) made •xhausti• or tion of separate contractors or independent consultants, coor- contin .us on-si inspections to ch k the ••ality or • tity dination of construction or project managers. detailed Com- . oft 'ork, revievyfd const ion mi, s. met• . , t-• - struction Cost estimates,quantity surveys,interior design.plan- ni•• es.se .ences or'procedur ,(3)re owed c•.ies of qui- ning of tenant or rental spaces, inventories of materials or itiuns r= eived f�Subcon actors • d mate sup. ers an equipment, preparation of record drawings. and any other ser- oche .ata requested by the w n to subst . tiate t Con c vices not otherwise included in this Agreement under Basic Ser- to f'. right tppavment9r'(4) ertained -ow or "or w• pur- vices or not customarily furnished in accordance with generally pose the:-ContractoVhaas ed mon:: prey'•usly aid on accepted architectural practice. account of the Contract S I 3.2 If more j extensive representation at the site than is 2.4.10 The Arctfitect shall have authority to reject Work which described in 'Subparagraph 2.-.5 is required, such additional does not conform to the Contract Documents and will have project repre ntation shall be provided and paid for as set authority to require additional inspection or testing of the forth in Articels 11 and 12. Work whenever, in the Architect's reasonable opinion, it is 3.3 M an Additional Service in connection with Change the C necessary or advisable for the implementation of the intent of Orders and C nstruction Change Directives, the Architect shall the Contract Documents. prepare Drawings,Specifications and other documentation and 2.4.11 The Architect shall review and approve or take other data, evaluate Contractor's proposals, and provide any other appropriate action upon Contractor's submittals such as Shop services made necessary by such Change Orders and Construe• Drawings. Product Data and Samples, but only for the limited tion Change Directives. purpose of checking for conformance with information given and the design concept expressed in. the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component.When professional certification j of performance characteristics of materials, systems or equip- IARTICLE 4 ment is required by the Contract Documents, the Architect shall be entitled to rely upon such certification to establish that iOWNER'S RESPONSIBILITIES the materials,systems or equipment will meet the performance j criteria required by the Contract Documents. 4.1 The Owner shall provide full information,including a pro- gram which shall set forth the Owner's objectives, schedule, 2.4.12 a Ar ect sh rep. han•- •rders d Con- constraints, budget with reasonable contingencies,and criteria. stru on C ge D. fives, •Ith su•.••rting d•- mens n I d dat autho ' ed or • firme• writin: :• the ter as 4.2 The Os-ner shall furnish surveys describing physical char- prov• ed in ragra.• 3.1 an. .3, for • Owne ' appr acteristics, legal limitations and utility locations for the site of exe ion i ccor.. • - with t. Contra Docu encs, the Project,Ia written legal description of the site and the ser- and y auth• e min• changes' the Wor of inv vine vices of geotechnical engineers or other consultants when such a ustmc n the C• tract Su •r an extc on of a Co act services are IIrequested by the Architect. Time •• ich are not incons'. -nt with t intent the ntract Documents. 4.3 The Owner shall furnish structural, mechanical,chemical, air and water pollution tests, tests for hazardous materials, and 2.4.13 The Architect shall conduct inspections to determine other laboratory and environmental tests, inspections and the dates of Substantial Completion and final completion awl reports req sired by law or the Contract Documents. 4.4 The Otvner shall furnish all legal,accounting and insurance 2.4.14 The Architect "shall interpret and decide matters con- counseling I services as may be necessary at any time for the cerning performance of the Owner and Contractor under the Project, including auditing services the Owner may require to requirements of the Contract Documents on written request of verify the Contractor's Applications for Payment or to ascertain either the Owner or Contractor. The Architect's response to how or for what purposes the Contractor has used the money such requests shall be made with reasonable promptness and paid by the Owner. within any time limits agreed upon. When making such inter- pretations and initial decisions, the Architect shall endeavor to 4.5 The foregoing services, information, surveys and reports secure faithful performance by both Owner and Contractor, shall be furnished at the Owner's expense, and the Architect shall not show partiality to either, and shall not be liable for shall be entitled to rely upon the accuracy and completeness results of interpretations or decisions so rendered in good faith. thereof. 4.5 Prompt written notice shall be given by the Owner to the ' Architect if the Owner becomes aware of any fault or defect in ARTICLE 3 the Project or nonconformance with the Contract Documents. ADDITIONAL SERVICES 4.7 The broposed language of certificates or certifications requested I of the Architect or Architect's consultants shall be 3.1 Additional Services shall be provided if authorized or con- submittedi to the Architect for review and approval at least 14 firmed in writing by the Owner or if included in Article 12,and days prior to execution. . AIA DOCUMENT 1151•ABBREVIATED OWNER•ARCHITECT AGREEMENT•THIRD EDITION•AIA •C.198" A mini-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NW..WASHINGTON,D.C. 20006 ARTICLE 5 ARTICLE 6 CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS, SPE¢IFICATIONS AND OTHER DOCUMENTS 5.1 DEFINITION I pre- 5.1.1 The Construction Cost shall be the total cost or esti 6.1 The prawings, Specifications and other documents pared by the Architect for this Project are instruments of the mated cost to the Owner of all elements of the Project designed Architect's service for use solely with respect to this Project. or specified by the Architect. and the Architect shall be deemed the author of these docu- 5.1.2 The Construction Cost shall include the cost at current ments and shall retain all common law, statutory and other market rates of labor and materials furnished by the Owner and reserved rights, including the copyright. The Owner shall be equipment designed, specified, selected or specially provided permitte to retain copies, including reproducible copies, of for by the Architect, plus a reasonable allowance for the Con- the Archi ect's Drawings, Specifications and other documents tractor's overhead and profit. In addition, a reasonable allow- for infor ation and reference in connection with the Owners ance for contingencies shall be included for market conditions use and Occupancy of the Project. The Architect's Drawings. at the time of bidding and for changes in the Work during Specifications or other documents shall not be used by the construction. Owner or others on other projects, t evillemeeiviramiciromert-breilipies,unless the Architect 5.1.3 Construction Cost does not include the compensation of is adjudged to be in default under this Agreement. except by the Architect and Architect's consultants, the costs of the land, agreeme t in writing and with appropriate compensation to the rights-of-way, financing or other costs which are the respon- Architect! sibility of the Owner as provided in Article 4. 6.2 Submission or distribution of documents to meet official 5.2 RESPONSIBILITY FOR CONSTRUCTION COST regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in deroga- 5.2.1 It is recognized that neither the Architect nor the Owner tion of the Architect's reserved rights. has control over the cost of labor,materials or equipment,over the Contractor's methods of determining bid prices, or over competitive bidding.market or negotiating conditions.Accord- ingly. the Architect cannot and does not warrant or represent ARTICLE 7 that bids or negotiated prices will not vary from any estimate of ARBITRATION Construction Cost or evaluation prepared or agreed to by the Architect. 7.1 Cla• , disput r othe otters in • .estion be ••ern the 5.2.2 No fixed limit of Construction Cost shall be established par to this eemen ising out • r relatin• I this A• - as a condition of this Agreement by the furnishing. proposal or ens or ch the >. shall be .•ject to .•• decide - arbi- establishment of a Project budget.unless a fixed limit has been trati n acc •- ce wit e Const ion Ind ry Arhitra- agreed upon in writing and signed by the parties hereto. Fixed • Rule. the Ame ' .n Arhitr. '•n Asso on current in limits. if any.shall be increased in the amount of an increase in effec •n ess the •. ies mu . y agree erwise. N .rhitra- the Contract Sum occurring after execution of the Contract for arisi g• of or rel. ' g to this - •reement s include.h Construction. consoli.. eon, join• or in -• other m.• -r. an add nal 5.2.3 Any Project budget or fixed limit of Construction Cost e .•n or enti ot a p. to this A•r- lent,ext-• writ- • may be adjusted to reflect changes in the general level of prices en cans• contain'•: a specific erence to is Agreem in the construction industry between the date of submission of sign • ., the O• er,Archil-- ,and any r person • ntin- the Construction Documents to the Owner and the date on % rght t� •� joined.. C • ens notorb ti •toon inyo)! • Kana - w•hich proposals are sought. tional : son or e. " y shall nstitute sent to trio of any . i, disput- •r other •. ter in ..-soon 5.2.4 If a fixed limit of Construction Cost is exceeded by the describe• • the wrist - consent. e fore. • g agre rat I() lowest bona fide bid or negotiated proposal. the Owner shall: arbi e . d ot .greeme o arbi . e with - additio -rson ore • duly co.:-rated t( the p•. es to thi •rir- .1 give written approval of an increase in such fixed ment sr •e speci -.t y en( - hie i : cordan --Ith appli limit; c.• an in court ng jut' : ction th of. .2 authorize rebidding or renegotiating of the Project 7.2 1 even all the • and fo itratiu• mad'• er within a reasonable time: t• date •-- -n inst' on of -•al or - . able • eedrn .3 if the Project is abandoned. terminate in accordance base. 1 such c ' ,dis or orb- atter in .estion 1d with Paragraph 8.3: or •• •arre• • the a.• ' able Sr. . es of Iii tions .4 cooperate in revising the Project scope and quality as - required to reduce the Construction Cost. 7 e aw- • rende • y the . rator rhitrator all he trial. :•• judgm-- may be - tired n it in a anee with 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, a.. scab e I in any -•n hay' jurisdi• thereof the Architect,without additional charge.shall modify the Con- tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement. The modification ARTICLE 8 of Contract Documents shall be the limit of the Architect's responsibility arising out of the establishment of a fixed limit. TERMINATION, SUSPENSION OR ABANDONMENT The Architect shall be entitled to compensation in accordance with this Agreement for ail services performed whether or not 6.1 Thi. Agreement may be terminated by either party upon the Construction Phase is commenced, not less han seven days'written notice should the other party AIA DOCUMENT 8151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION1 AIA. •S I98- THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEVI'YORK AVENUE.N.W.,WASHINGTON,D C. Z0000 B151-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. fail substantially to perform in accordance with the terms of this ditio of C ct r C frac ' n, rent of t Agreement through no fault of the party initiating the ter- of is ee nt. c O er Arc ect s re e minacion. war rs fr th con ctor , co tants d ents. 8.2 If the Project is suspended by the Owner for more than 30 9.5 The Owner and Architect, respectively, bind themselves, consecutive days, the Architect shall be compensated for ser- their partners, successors, assigns and legal representatives to vices performed prior to notice of such suspension.When the the other party to this Agreement and to the partners, suc- Project is resumed,the Architect's compensation shall be equit- cessors, assigns an legal representatives of such other party ably adjusted to provide for expenses incurred in the interrup- with respect to all covenants of this Agreement.Neither Owner tion and resumption of the Architect's services. nor Architect shall assign this Agreement without the written 8.3 This Agreement may be terminated by the Owner upon consent of the othr. not less than seven days' written notice to the Architect in the 9.6 This Agreement represents the entire and integrated agree- event that the Project is permanently abandoned. If the Project merit between the Owner and Architect and supersedes all is abandoned by the Owner for more than 90 consecutive days, prior negotiations, representations or agreements, either writ- the Architect may terminate this Agreement by giving written ten or oral. This Agreement may be amended only by written notice. instrument signed hy both Owner and Architect. 8.4 Failure of the Owner to make payments to the Architect in 9.7 Nothing contained in this Agreement shall create a contrac- accordance with this Agreement shall be considered substantial tual relationship with or a cause of action in favor of a third nonperformance and cause for termination. party against either the Owner or Architect. 8.5 If the Owner fails to make payment when due the Archi- 9.8 The Architect and Architect's consultants shall have no tett for services and expenses, the Architect may, upon seven responsibility fort a discovery,presence,handling,removal or days'written notice to the Owner,suspend performance of ser- disposal of or ex sure of persons to hazardous materials in vices under this Agreement. Unless payment in full is received any form at the project site, including but not limited to by the Architect within seven days of the date of the notice,the asbestos,asbestosroducts, polychlorinated biphenyl(PCB)or suspension shall take effect without further notice. In the event other toxic substances. of a suspension of services, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 8.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior ARTICLE 10 to termination, together with Reimbursable Expenses then due PAYMENTS TO THE ARCHITECT and all Termination Expenses. 8.7 Termination Expenses are in addition to compensation for 10.1 DIRECT PERSONNEL EXPENSE Basic and Additional Services, and include expenses which are directly attributable to termination. 10.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary con- tributions and benefits related thereto. such as employment taxes and other statutory employee benefits, insurance, sick ARTICLE 9 leave, holidays, vocations, pensions and similar contributions MISCELLANEOUS PROVISIONS and benefits. 10.2 REIMBURSABLE EXPENSES 9.1 Unless ochem ise provided, this Agreement shall be gov- erned by the .. 10.2.1 Reimburs ble Expenses include expenses incurred by .mac niter laws of the State of Illinois. the Architect in the interest of the Project'for: 9.2 arms ' thi gree rats have e s e gas .1 expense of transportation and living expenses in con- ose ' t A2 , Gen Co � ions th n rection with out-of-town travel authorized by the tr for nst ion, rrent of th too is ement. Owner; .2 long-distance communications; 9.3 C of a bet' ,n the Pies o this A reem •t .3 fees paid for securing approval of authorities having pe ntng to is or :lures t ct sh dee ed t. ave jurisdiction over the Project; cooed d the :•licab statute f limit ' ns s..rl co - men to run •. later an eith the date Subs . tial m •4 reproductions; ion fo is or ares t ct occur ' g prio o S cant .5 postage and handling of Drawings and Specifications, Comp , on, or a date issuanc f the f al C ific for .6 expensd of overtime work requiring higher than regu Pa• ent fu cts or ilures to occurr'•g of r Su scanttal lar rates, if authorized by the Owner; omplet' . .7 renderings and models requested by the Owner; i 70w anchile waive •• rights ••••Inst h .8 expens of additional insurance coverage or limits, gainco ractors, nsultan ., age s an includi g professional liability insurance, requested he or dams s, but . y to e e rat by the wrier in excess of that normally carried by cov ed bypers insuran during •.nstru on, cep the Arc iter[ and Architect's consultants; and s ch rieer as the• ay hav o the pr. eeds o uch ' sur a .9 expo of computer-aided design and drafting equip- as setin t edition AIA 9. •ment, 01, ne on- ment t' e when used in connection with the Project. AIA DOCUMENT 6151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA. •.l 1987 5 8151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, I'35NEW YORK AVENUE,NW.,WASHINGTON,D.0 2(s'X16 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal,or(2)if no such bid or proposal is 10.3.1 An initial payment as set forth in Paragraph 11.1 is the received,t1?e most recent preliminary estimate of Construction minimum payment under this Agreement. Cost or detailed estimate of Construction Cost for such por- 10.3.2 Subsequent payments for Basic Services shall be made tions of theProject. monthly and, where applicable, shall be in proportion to ser 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL vices performed within each phase of service. SE-VICES AND REIMBURSABLE EXPENSES 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this Agreement is exceeded or ex- 10.4.1 Payments on account of the Architect's Additional Ser- tended through no fault of the Architect,compensation for any vices and for Reimbursable Expenses shall be made monthly services rendered during the additional period of time shall be upon presentation of the Architect's statement of services computed in the manner set forth in Subparagraph 11.3.2. rendered Or expenses incurred. 10.3.4 When compensation is based on a percentage of Con- 10.5 PAYMENTS WITHHELD struction Cost and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of 10.5.1 No deductions shall be made from the Architect's corn- the Project shall be payable to the extent services are per- pensation on account of sums withheld from payments to formed on those portions, in accordance with the schedule set contractor. ARTICLE 11 . BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Dollars(S shall be made upon execution of this Agreement and credited to the Owners account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2,and any other services included in Article 12 as part of Basic Services, Basic Compensation shall he computed as follows: /Insert basis of compensation including stipulated sums multiples or perseruages and identity p/Yzs cru which particular metix)ds ojcompensation apph.rJ rte essan) 317 Seneca House $ 2,500.00 • 355 Seneca House $I 3,300.00 TOTAL $ 5,800.00 Construction Observation: Six site visits during anticipated three—month construction period .seccind final, punch list $ 450.00 a1v0( 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert addrnunat phases as appropriate) Design Phase: percent( %) Construction Documents Phase: percent( %) Construction Phase: percent( %) Total Basic Compensation: one hundred percent(100%) AIA DOCUMENT 8151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION 1 AIA •C)198' THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D C.20u116 81551-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subiect to legal prosecution. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROTECT REPRESENTATION BEYOND BASIC SERVICES. as described in Paragraph 3.2. compensation shall be computed as follows: Per Architect's standard hourly rates. • • Draftsman — $30/hour Principal — $45/hour 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12.compensation shall be computed as follows: (Insert hirers of compensation uicluding rales archer multiple. of Direct Pyrsonnel 1..\7nmse for Principals and employees and Omni) Prot.'pals and emplo Pees. if required Identify specific Seri nes to a/nc/r nretlrr,Li of rrm/ss/urbane arrl'll.Irl nes SUar•l Per Architect's standard hourly rates. Same as 11.3. 1 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS,including additional structural.mechanical and electrical engineering ser- vices and those provided under Article 3 or identified in Article 12 as pan of AdditiOnal Services,a multiple of one point one ( 1. 1 )times the amounts billed to the Architect for such services. llderuifi specific types of consultants in Article 12. if regiared 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2.and ary other items included in Article 12 as Reimbursable Expenses, a multiple of one point one ( 1. 1 11.)times the expenses incurred by the Architect. the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been con leted within twelve ( 12 )months of the date hereof,through no fault of the Architect,exten ion.of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 3011 ) days from the date of the Architect's invoice. Amounts unpaid ( )days after the invoice date shall bear interest at the rate entered below.or in the absence thereof at the legal rate prevailing from time to time at the prinCipal place of business of the Architect. (Insert rate of interest agreed upon Il"sun-laws and requirements under the Federal Truth in Lending Ail similar state lard I,c al co issuer credit laws and other regulatum:at the t ni MT•and A tact s principal filmes of business. the hn atrun of the Prr sect and elsewhere ma).afln7 the rule tIt r f lhl,'mit-Isnot .spyei n /egad'tart's',slit cud he„bailors((a rth res(e•ct to deletions or nitshficauuns. and also rtgarr/nrg requirements such as umber di.stI'su'es or limier,/ 11.5.3 The rates and multiples set forth for Additional Services shall be anntally adjusted in accordance with normal salary review • practices of the Architect. AIA DOCUMENT 0151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THiRD EDITION r AIA' • 1914- THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE. N W.,WASHINGTON, D C.2tNNK's 8151-1987 7 WARNING;Unlicensed photocopying violates U.S.copyright law.end is subject to legal prosecution. 11 .5.4 Any compensation for additional services must be approved, in writing, by the owner prior to perfor- mance of services . ARTICLE 12 OTHER CONDITIONS OR SERVICES 1 . Construction observation services will not include re- view of payment requests, Contractor' s sworn statements, change order requests . 2 . Reimbursable expenses for printing bidding documents will be billed directly to the OWner according to the number of copies required to send to bidders requesting same with Owner' s prior approval . 3. The scope of review for each structure is identified in Attachments I and II . 4 . Construction Documents to be as per Architect's proposal dated 3-17-92 and Attachment III . 5. City shall review construction documents prior to said documents being finalized. This Agreement entered into as of the day and year first written above. OWNER CITY OF ELGIN ARCHITECT GARDNER, ROACH & WELCH, LTD. 114 .4141 1' ifA A.A.41..01 // ( "gnature (Signature Al• 614400E12 L4w eICE, y OPILI4P4-1 (Printed name and title') (Printed name and Title) William N. Gardner, Principal ti ATTACHMENT I ANALYSIS OF 355 SENECA ,STREET RESIDENTIAL REHABILITATION Location Action Required I. Exterior Existinlq Replacement Rehab A. Walls * Clean & remove paint X from brick surface - (soft chemical cleaning no sandblasting) * Scrape, prime & paint X all trim surfaces * Tuck pointing (motar to match existing) As Required B. Doors X As Required C. Windows X As Required D. Storm Windows (enameled to match trim) X E. Roof Evaluate F. Gutters & Down Spouts X G. Chimney (mortar to match existing/check flus) X H. Upgrade Insulation Walls Bid As Alternate Attic X I . Porches X II. Interior A. Floor Covering 1. Hardwood As Required As Required 2 . Tile/Vinyl Tile X B. Walls/Ceilings Patch, Paint C. Doors X Where Req. D. Stairs X As Required As Required E. Moldings & Baseboards X As Required As Required F. Cabinets X As Required ANALYSIS OF 355 SENECA STREET RESIDENTIAL REHABILITATION PAGE 2 Location Action Required Existing Replacement . Rehab III . Equipment & Mechanical A. Plumbing System 1. Piping X As Required 2. Fixtures Bathroom Toilet Tub/Shower Sink Cabinet & Mirror Kitchen Fixtures & Faucets Double Sink Counter Top Cabinets As Alternate; Dishwasher Garbage Disposal B. Hot Water Heater (If Possble) 40 Gal . Gas C. Heating System Duct Work Gas Forced Air D. Electrical System Conduit here 100 Amp (Must Meet City Code) Possib a Service Light Fixtures Switches/Outlets E. Air Conditioning Bid As Alternate IV. Moving Drainage Provide for An Allowance to Repair ATTACHMENT II ANALYSIS OF 317 SENECA STREET RESIDENTIAL REHABILITATIQN Location ction Required I. Exterior ExistinReplacement Rehab A. Walls * Remove Alum. Siding, including nails, screws X & attachments * Scrape, prime & paint all exterior surfaces X * Wood siding As Required B. Doors X As Required C. Windows X As Required D. Storm Windows (enameled to match trim) X E. Roof Evaluate F. Gutters & Down Spouts X G. Chimney X H. Upgrade Insulation Walls Bid As Alternate Attic X I . Porches Where Possible X II. Interior A. Floor Covering 1 . Hardwood As Required 2 . Carpet X 3. Tile/Vinyl Tile X B. Walls/Ceilings Patch, Paint C. Doors X As Required D. Stairs X As Required As Required E. Moldings & Baseboards X As Required As Required F. Cabinets X As Required ANALYSIS OF 317 SENECA STREET RESIDENTIAL REHABILITATION PAGE 2 LocationAction Required Existing Replacement Rehab III. Equipment & Mechanical A. Plumbing System 1 . Piping X As Required 2. Fixtures Bathroom Toilet Tub/Shower Sink Cabinet Mirror Kitchen Fixtures & Faucets Double Sink Counter Tops Cabinets As Alternate: Dishwasher Garbage Disposal B. Hot Water Heater 40 Gal. Gas C. Heating System Duct Work Gas Forced Air D. Electrical System Conduit here 100 Amp (Must Meet City Code) Possib a Service Light Fixtures Switches/Outlets E. Air Conditioning Bid As Alternate IV. Moving Drainage Provide for An Allowance to Repair ATTACHMENT ILI Gardner Roach & Welch Architects Ltd. 114 Garfield Street Barrington, Illinois 60010 708/304-1899 March 17, 1992 Mr. Raymond H. Moller Director of City Properties City of Elgin 150 Dexter Court Elgin, IL 60120-5555 Dear Mr. Moller: We are pleased to submit this proposal for architectural services to develop plans and specifications detailing the rehabilitation of the two residential properties currently located at 317 and 355 Seneca Street, once they are moved onto new foundations at 425-427 and 434 Fremont Street. The services we would provide for each house are as follows: I. Preliminary & Design Development We will measure and thoroughly document existing conditions at each property. Once we prepare simple floor plans, we will prepare an outline specification of the scope and quality of rehabilitation work we anticipate and present these materials/systems for your review. The development of the rehabilitation plans will include estimates of costs of the work that is proposed to endeavor to comply with your overall budget requirements. II. Construction Contract Documentation Once you have approved a budget and the scope of the rehabilitation work, we will prepare the following documents for building permit and competitive bidding purposes: 1. Floor plans 1/4" = 1'-0" 2. Room finish, door, window, plumbing fixtuie and lighting fixture schedules 3. Exterior elevations (photographically reproduced and noted to indicate the scope of work) 4. Interior elevations if necessary to describe) new kitchen cabinets, and/or bathroom vanities/fixturei and accessories 5. Project Manual including specifications, bid form (per City of Elgin Purchasing Department Guidelines), special and general conditions, insurance requirements, etc. Mr. Raymond H. Moller March 17, 1992 . Page Two HI. Bidding Negotiation We wilt provide you with prints of bid documents and assist you with the compilation and analysis of bids and negotiation of a contract with the bidder(s) you select. IV. Construction Observation During construction, we will be available on an as-needed basis to review shop drawings, resolve field conditions, attend regularly scheduled job meetings and prepare a final punch list. We understand we will not review payment requests, sworn statements or change orders. Our fees for the work described above will be billed to you at our standard hourly rates (averaging $45/hour) not to exceed $2,500 for the 355 Se eca property, and $3,300 for the 317 Seneca house. Reimbursable expenses for printing w II not exceed $200. At your request, we will make site visits during construction. We w uid anticipate a total of approximately six visits during a three-month construction schedule for a total of $450. Based on our cursory inspection of the properties on Mar 10, 1992, and your tabulations of the scope of work required for each house, we have pr pared the following preliminary budget estimates: 1. 355 Seneca (1,389 s f) Total$41,300 2. 317 Seneca (1,676 s f) 1 Total$46,100 Both figures include 10% contingency and 15% for contractor's General Conditions overhead and profit. They do not include insulation, new roofing or air conditioning upgrades. The 317 Seneca property has greater floor area and will require extensive rehabilitation of the exterior siding and trim. It may be wise to carry a contingency to both houses for repairs that may be necessary as a result of the moving process. Based on our recent experience with projects of similar scope and discussions with several contractors who have seen the two buildings, we feel these estimates could be accurate within 15% of the final cost. The upgrades for new roofing and insulation would add approximately $4,500. Existing duct work must be checked for proper sizing before the air conditioning upgrade can be realisti- cally priced. Other costs that you may want to anticipate include some asbestos removal in 317 Seneca; drafting and design of the new foundations; subsoil investigation on the Fremont Street lots; a budget for landscaping, driveways and walks; and the cost of utility hookups. Mr. Raymond H. Moller March 17, 1992 Page Three For your information, we have Included a brochure listing our firm's current projects, credentials, and references. We would be glad to tailor this proposal further to suit your needs. We hope we will have a chance to work with you. Sincerely. Gardner Roach & Welch Architects, Ltd. William N. Gardner Principal WNG:ep End. ATTACHMENT IV Gardner Roach & Welch, Architects, Ltd. ertifies That: 1. The undersigned firm certifies thatit is not delinquent in the payment of any tax administered by the Department of Revenue except for tax it is contesting in accordance with the procedures establishing by the appropriate revenue act. 2 . The undersigned firm certifies that the firm is not barred from making an offer to contract as a result of a violation of either Section 33E-3, or 33E-4 of Chapter 38 of the Illinois Revised Statutes . 3. The undersigned firm certifies that the firm shall com- ply, when applicable, with the Wages of Employees on Public Works Act ( Illinois Revised Statutes, Chapter 48, Section 39s, et. seq. ) . 4 . The undersigned firm certifies tht the firm shall com- ply with the City of Elgin' s conixact compliance ordi- nance relating to Affirmative ActiOn. GARDNER, ROACH & WELCH ARCHITECTS, LTD. By: 41 Date: CITY OF ELGIN CONTRACT COMPLIANCE AFFIRMATIVE ACTION INFOIMATION To assure compliance with the City of Elgin's contract compliance ordinance, all contractors and vendors ' herein referred to as "bidders", are requested to submit the following Affirmative Action information: 1. Work Force Analysis using the enclosed bidder's employee utilization form. 2 . Provide the information required by item #3 on the employee utilization form if the answer to question 2 on the form is 'yes ' . 3. Provide a written commitment outlining the steps that the bidder plans to take in the area of recruitment and promotion of minorities and female to assure equal employment opportunity. (A copy of the bidder's affirmative action plan may be submitted in lieu of this requirement. ) BIDDER'S E_UIPLOYEE L ILIZATIO\ FO_ This report is required by the City of Elgin and shall be submitted before the contract can b awarded. Chapter 3.12.1000 Affirmative Action r City Contracts 1. Name and Address of Bidder Description of Project iil4-00N , &fell tGJl ff Ll-4' /fid/G/ri 1/otJ OF ' ,Daires 3/7 "4-555 S i4 517.4a5 TOTAL JOB CATEGORIES alum MACISmcs OMR DOM M F M F M F M F X Vs7pi �a0 TOTALS Signature 0/ a mpany Official and Title Telephone I o. Date Signed Page 2. Have you ever been awarded a id by e City of Elgin? YES O 3. If the answer to #2 is yes, pleabe subrn t a copy of the Employee Utilization Form that Was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows under— utilization of minority and/or female, please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. NOTE: In the event that a contractor or vendor. etc. fails to comply with the fair employent and affirmative action provisions of the City of Elgin. the City amongst other actions may cancel. terminate or suspend the contract in whole or in part. Rev. 4/15/92 CITY OF ELGIN EQUAL EMPLOYMENT WRITTEN COMMITMENT GUIDELINE The written commitment required in item #4 of the "Bidder's Employee Utilization Form" shall: 1. Set out the name and phone number of the bidder's Affirmative Action Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minority and female in the area's population and labor force. 3. Set out what the bidder has done nd has set as goal to be done to recruit minority and femiale employees. 4. Set out the bidder's specific goals to recruit minority and female for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin upon request, statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 6. Show bidder's consent to distributje copies of the written commitment to all persons who participate in recruitment, screening, referral, selection and hiring of job applicants for the bidder. 7. Clearly show that the biddei shall require all subcontractors, if any, to submit a written commitment meeting the above requirements or their affirmative action plan to the City of Elgin. S. Clearly state that the bidder agrees that: "Bidder (company name) shall not discriminate against any employee, or applicant for employment because of race, color, religion, sex, ancestry, na;tional origin, place of birth, age or physical handicap which will not interfere with the performance of the job in question."