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HomeMy WebLinkAbout94-268 Resolution No. 94-268 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WfTH BURNIDGE CASSELL AND ASSOCIATES FOR THE ELGIN SPORTS COMPLEX BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Burnidge Cassell and Associates for the design of the soccer fields at the Elgin Sports Complex, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: September 28, 1994 Adopted: September 28, 1994 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk in Agenda Item No . r • ,`�I�' V I September 9, 1994 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Agreement with Burnidge Cassell Associates PURPOSE The purpose of this memorandum is to forward to the Mayor and the City Council an agreement with Burnidge Cassell Associ- ates to finalize all necessary working drawings for the con- struction of the soccer complex. BACKGROUND The initial design for grading of the limestone overburden into eight soccer fields at the Elgin Sports Complex was awarded to Burnidge Cassell Associates on May 10, 1993 . The initial design, paid from limestone mining royalties at the Sports Complex, was for $13,000 . Subsequent refinements to the initial design to meet the State of Illinois Department of Conservation grant applica- tion has resulted in an additional $13,600 in final grading plans for the soccer fields . Three more essential design elements are necessary to com- plete all working drawings for the construction of the soccer complex: ( 1) Architecture: restroom/concession building location and hookup. (2) Civil Engineering: paving, watershed study, storm drainage, utilities and road profiles . (3) Landscape Architecture: roads and parking lots, paths and trails, restroom/concession area, playfields, lighting and gates . The Parks Department in-house design capability will pro- vide: tot lot design, initial design of the restroom/concession building, irrigation plans and turf speci- • Agreement with Burnidge and Cassell Page 2 fications . The Parks Department will also be responsible for the bidding and construction inspection of this project. FINANCIAL IMPACT The grant application proposal indicated a budget of $60,210 for design and engineering. Burnidge Cassell Associates proposal of $51, 000 ( includes the $13,600 in extra design completed to-date) represents 3% of the totalcost which is an acceptable rate. The City' s share of the costs ( 80% ) will be funded from the 1990 Bond Fund ( 390-0000-795 . 92-32 ) with the balance 20% reimbursed from the State of Illinois Depart- ment of Conservation grant, already awarded. LEGAL IMPACT None. RECOMMENDATION It is recommended that the Mayor and Council authorize the City Manager to execute an agreement with Burnidge Cassell Associates in the amount of $51 , 000 for the final working r drawings and engineering for the soccer complex at the Elgin Sports Complex. Res ectfully submitted, ` r Gregory A. Bayo‘ Parks and Recreation Director t3 Richard B. Helwig City Manager GB/kb Attachment r . T H •E AMERICAN INSTITUTE O F ARCHITECTS 24^ ,y- AIA Document B151 Abbreviated Form of Agreement Between Owner and Architect for Construction Projects of Limited 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 day of July in the year of Nineteen Hundred and Ninety Four BETWEEN the Owner: City of Elgin, Illinois, a municipal corporation (Name and address) 150 Dexter Court Elgin, IL 60120 and the Architect: Burnidge, Cassell and Associates, and Illinois corporation (Name and address) 2425 Royal Boulevard Elgin, IL 60123 For the following Project: (Include detailed description of Project, location, address and scope.) Construction Documents for the design of the soccer fields at the Elgin Sports Complex. The tasks are further listed in Appendix A as part of this Contract. The Sports Complex is located on the southeast corner of the US Route 20 By-pass and McLean Blvd. , in Elgin, Illinois The Owner and Architect agree as set forth below. Copyright 1974,1978,©1987 by The American Institute of Architects, 1735 New York Avenue,N.W.,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 8151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B151-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 2.4 CONSTRUCTION PHASE—ADMINISTRATION ARCHITECT'S RESPONSIBILITIES OF THE CONSTRUCTION CONTRACT by O MSR - 4.1 The Architect's responsibility to provide Basic Serv. es 1.1 ARCHITECT'S SERVICES fc the Construction Phase under this Agreement comm: ces wig the award of the Contract for Construction and tern ates 1.1.1 The Architect's services consist of those services per- at t earlier of issuance to the Owner of the final Certifi, to for formed by the Architect, Architect's employees and Architect's Pay ent or 60 days after the date of Substantial Comp •tion of consultants as enumerated in Articles 2 and 3 of this Agreement the )rk. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi 2.4.2 e Architect shall provide administration ( the Con- tract for onstruction as set forth below and in tl - edition of tiously as is consistent with professional skill and care and the AIA Doc Hent A201, General Conditions of the .ontrart for orderly progress of the Work. Constructi'n, current as of the date of this Agre ment. 1.1.3 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. 2.4.3 Dune; responsibilities and limitations of,uthority of the Architect Sha not be restricted, modified or e tended without written agree[ -nt of the Owner and Archite- with consent of the Contracto which consent shall not he unreasonably withheld. 2.4.4 The Archite t shall he a representat' 'e of and shall advise and consult with t Owner(1)during • nstruction until final 2 payment to the Cot ractor is due and )as an Additional Ser- ARTICLEvice at the Owner's - ection from tint, to time during the cor- SCOPE OF ARCHITECT'S BASIC SERVICES rection period describ d in the Contr,ct for Construction. Completed 2.4.5 The Architect sh'.1 visit the s' e at intervals appropriate 2.1 DEFINITIONto the stage of constru ion or ' otherwise agreed by the 2.1. The Architect's Basic Services consist of those desert. Owner and Architect in citing t become generally familiar the progress and qua.'ty of he Work completed and to under C: three phases identified below, any other 'ices determine in general if the 'or is being performed in a man- identified in icle 12,and include normal sttuctur. ,mechani- Her indicating that the Work en completed will he in accor- cal and electrica 7 gineering services. dance with the Contract Doc, rents. However, the Architect 2.2 DESIGN PHA shall not he required to make - •haustive or continuous on-site inspections to check the qu it), or quantity of the \\'ork. On 2.2.1 The Architect shall revs - with the Owner alternative the basis of on-site ohserv. ions .s an architect, the Architect approaches to design and struc ' n of the Project. shall keep the Owner info red o the progress and quality of the Work, and shall en -avor to uard the Owner against 2.2.2 Based on the utually agreed-upo rogram, schedule defects and deficiencie. in the \X,'rk. (,Dore extensive site and constructio budget requirements, th rchitect shall representation may be •'greed to as t Additional Service. as prepare, for ..proval by the Owner, Design Do . -tents con- described itr Paragrap)3 2) sisting . drawings and other documents appropria or the Pro'= t,and shall submit to the Owner a preliminary estim. . of 2.4.6 The Architect hall not have cot rol over or charge of nstruction Cost. and shall not be responsible for construe ion means, methods, techniques, sequel es or procedures,or ' r safety precautions 2.3 CONSTRUCTION DOCUMENTS PHASE and programs in onnection with the W rk, since these are solely the Contr ctor's responsibility uncle the Contract for 2.3.1 Based on the approved Design Documents,the Architect Construction. T e Architect shall not be re:ponsible for the shall prepare, for approval by the Owner, Construction Docu- Contractor's s 'tedules or failure to carry c it the Work in ments consisting of Drawings and Specifications setting forth in accordance w' h the Contract Documents. -1'h. Architect shall detail the requirements for the construction of the Project and not have co trol over or charge of acts or of issions of the shall advise the Owner of any adjustments to previous Contractor, ubcontractors,or their agents or cm loyees,or of preliminary estimates of Construction Cost. any other ersons performing portions of the \\'c k. 2.3.2 The Architect shall assist the Owner in connection with 2.4.7 TIP Architect shall at all times have access tc the \\'ork the Owner's responsibility for filing documents required for whereye it is in preparation or progress. the approval of governmental authorities having jurisdiction over the Project. 2.4.8 '.aseel on the Architect's observations and evalu, ions of the C ntractor's Applications for Payment, the Archite't shall 'nless provided in Article 12, the Architect, full revie and certify the amounts due the Contractor. the Owners . - of the Constructio I -lents and of the latest preliminary estim: nstruction Cost,shall assist 2.4 2 The Architect's certification for payment shall cons lute the Owner in • .' -g bids or negotiate• sals and assist a r•presentation to the Owner, based on the Architect's oh,er- •• ._ . trig and preparing contracts for construction. v ions at the site as provided in Subparagraph 2.4.5 and on t AIA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA' •: 19i-r THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE,NW,WASHINGTON, D.C; 20(06 B151-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. • • ••ta comprising the Contractor's Application for Payment,tha they shall be paid for by the Owner as provided in this Agree- th. Work, to the best of the Architect's knowledge, inforn .- ment. Such Additional Services shall include, in addition to tiol and belief, has progressed to the point indicated and t'at those described in Paragraphs 3.2 and 3.3, budget analysis, qual y of the Work is in accordance with the Contract D cu- financial feasibility studies, planning surveys, environmental ment: The issuance of a Certificate for Payment shall no •e a studies, measured drawings of existing conditions, coordina- repres: tation that the Architect has (1) made exhaust' e or tion of separate contractors or independent consultants, coor- continu us on-site inspections to check the quality or • amity dination of construction or project managers, detailed Con- of the •rk, (2)reviewed construction means, metho'Js,tech- struction Cost estimates,quantity surveys,interior design,plan- niques,s-i uences or procedures, (3)reviewed copie of requi- ning of tenant or rental spaces, inventories of materials or sitions rec-'ved from Subcontractors and material su:,pliers and equipment,preparation of record drawings, and any other ser- other data r:quested by the Owner to substantiate t e Contrac- vices not otherwise included in this Agreement under Basic Ser- tor's right to •ayment or(4)ascertained how or f'r what pur- vices or not customarily furnished in accordance with generally pose the Co'tractor has used money previo sly paid on accepted architectural practice. account of the Contract Sum. 3.2 If more extensive representation at the site than is 2.4.10 The Arc .tect shall have authority to r ect Work which described in Subparagraph 2.4.5 is required, such additional does not confor • to the Contract Docume is and will have project representation shall be provided and paid for as set authority to requ e additional inspection or testing of the forth in Articles 11 and 12. Work whenever, i the Architect's reaso able opinion, it is necessary or advisab - for the implement-tion of the intent of 3.3 As an Additional Service in connection with Change the Contract Documeits Orders and Construction Change Directives,the Architect shall prepare Drawings,Specifications and other documentation and 2.4.11 The Architect : all review an approve or take other data, evaluate Contractor's proposals, and provide any other appropriate action upo Contractor' submittals such as Shop services made necessary by such Change Orders and Construc- Drawings, Product Data . d Sample , but only for the limited tion Change Directives. purpose of checking for nforma'cc with information given and the design concept ex essed n the Contract Documents. The Architect's action shal he aken with such reasonable promptness as to cause no d-ay. The Architect's approval of a specific item shall not indica • approval of an assembly of which the item is a componen'.When professional certification of performance characteristi c materials, systems or equip- ARTICLE 4 ment is required by the C antra,t Documents, the Architect shall be entitled to rely up( such ertification to establish that OWNER'S RESPONSIBILITIES the materials,systems or -•uipmen will meet the performance criteria required by the Iontract Do uments. 4.1 The Owner shall provide full information,including a pro- gram which shall set forth the Owner's objectives, schedule, 2.4.12 The Architect • all prepare C range Orders and Con- constraints,budget with reasonable contingencies,and criteria. struction Change Dir: tives, with supporting documentation and data if authorize• or confirmed in w 'ting by the Owner as 4.2 The Owner shall furnish surveys describing physical char- provided in Paragra hs 3.1 and 3.3, for t.ie Owner's approval acteristics, legal limitations and utility locations for the site of and execution in 'ccordance with the CL ntract Documents, the Project, a written legal description of the site and may authoriz.minor changes in the Wo k not involving anwhen such adjustment in the Contract Sum or an extension of the Contract services are requested by the Architect. Time which are of inconsistent with the inte t of the Contract Documents. • •wner shall furnish structural, mechan' - real, air and water po u • _ -st - -. ar ous materials, and 2.4.13 The rchitect shall conduct inspections to determine other laborator' -•. - vironmenta - , • •-ctions and the dates o Substantial Completion and final co pletion and -• , -quired bylaw or the Contract Documents. shall issue final Certificate for Payment. • Owner shall furnish all legal,accounting and ins 2.4.14 T e Architect shall interpret and decide in tters con- counseling se - _ : may be necessary at • • me for the cerning •erformance of the Owner and Contractor der the Project, including auditing s- • _ -- •wner may require to require lents of the Contract Documents on written r ,uest of verify the Contractor'- - ications for •a • to ascertain either he Owner or Contractor. The Architect's resptnse to how or f •• . purposes the Contractor has used the .- such equests shall be made with reasonable promptne:s and •••• y the Owner. wit r in any time limits agreed upon. When making such ter- r ations and initial decisions, the Architect shall endeav to 4.5 The foregoing services, information, surveys and reports p • shall be furnished at the Owner's expense, and the Architect s. ure faithful performance by both Owner and Contrac r, all not show partiality to either, and shall not he liable r shall be entitled to rely upon the accuracy and completeness esults of interpretations or decisions so rendered in good faith thereof. 4.6 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 proposed language of certificates or certifications requested of the Architect or Architect's consultants shall be 3.1 Additional Services shall be provided if authorized or con- submitted 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 B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA'`- •©1987 3 B151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1 735 NEW YORK AVENUE,N.W., WASHINGTON, D.0 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 ARTICLE 6 CONSTRUCTION COST USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS 5.1 DEFINITION 6.1 The Drawings, Specifications and other documents pre- 5.1.1 The Construction Cost shall be the total cost or esti- 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 permitted to retain copies, including reproducible copies, of for by the Architect, plus a reasonable allowance for the Con- the Architect's Drawings, Specifications and other documents tractor's overhead and profit. In addition, a reasonable allow- ance information and reference in connection with the Owner's 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,for additions to this Project or for completion of this Project by others,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, agreement 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. .1 Claims, disputes or other matters in question between t. ▪ No fixed limit of Construction Cost shall be esti. - p ies to this Agreement arising out of or relating to this Ay -e- as a const .• • this Agreement by the furnish'•., .roposal or men or breach thereof shall be subject to and decided b• arbi- establishment of a 'r '-_ .udget, un ixed limit has been tration ' accordance with the Construction Indust • 'rbitra- agreed upon in writing and '• -; - 'the parties hereto. Fixed tion Rule: of the American Arbitration Association rrently in limits, if any,shall s ' creased in the amo• • . increase in effect unless the parties mutually agree otherwise. No arbitra- the Contr. m occurring after execution of the o - fc , tion arising ou >f or relating to this Agreement all include,by • ruction. consolidation, j( ' der or in any other man. r, an additional person or entity no a party to this Agreen nt, except by writ- 5.2.3 Any Project budget or fixed limit of Construction Cost ten consent containi • a specific referee e to this Agreement may be adjusted to reflect changes in the general level of prices signed by the Owner,A itect,and a. other person or entity in the construction industry between the date of submission of sought to be joined. Cons. t to aro ration involving an addi- the Construction Documents to the Owner and the date on tional person or entity shall • t • nstitute consent to arbitra- which proposals are sought. tion of any claim, dispute or •ther matter in question not ▪ 4 If a fixed limit of Construction Cost is exceeded by •- described in the written con -nt. ' he foregoing agreement to lowes na fide bid or negotiated proposal, the Ow . all: arbitrate and other agree nts to a citrate with an additional person or entity duly co•,ented to by •e parties to this Agree- .1 give • ' ten approval of an incre• • in such fixed ment shall he specific. 'enforceable in a 'ordance with appli- limit; cable law in any co t having jurisdiction t -reof. .2 authorize rebiddin• r egotiating of the Project within a reasonabl e; 7.2 In no even all the demand for arbitratio e made after the date wh institution of legal or equitable oceedings .3 if the Proje ' abandoned, ter 'sate in accordance based on s claim,dispute or other matter in quests• would with P. .graph 8.3; or he barre y the applicable statutes of limitations. .4 :operate in revising the Project scope and •. sty as required to reduce the Construction Cost. 7.3 e award rendered by the arbitrator or arbitrators sha •e fin'. ,and judgment may be entered upon it in accordance wit ▪ If the Owner chooses to proceed under Clause 5 .-.•+, :'plicable law in any court having jurisdiction thereof. the Arc ' - t without additional charge,shall moo the Con- tract Documen, , necessary to comply w' - e fixed limit, if established as a condi • •f this A• : ent. The modification ARTICLE 8 of Contract Documents sha i•-:- the limit of the Architect's responsibility arising • •f the estai ' • ent of a fixed limit. TERMINATION, SUSPENSION OR ABANDONMENT The Architect s.. .e entitled to compensa • ' accordance with this • • eement for all services performed whe - or not 8.1 This Agreement may be terminated by either party upon th- 'onstruction Phase is commenced. not less than seven days' written notice should the other party AIA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA1' •©198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1'35 NEW YORK AVENUE, N.W.,WASHINGTON, D C 20006 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 ditions of - -•ntract for Con •-- '•n, current as of the date Agreement through no fault of the party initiating the ter- of this Agreement. i•—t •er and Architect each shall require mination. similar waive - rom their contra : , •nsultants and agents. 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 and 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 other. 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 ment 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 by 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 tect for services and expenses, the Architect may, upon seven responsibility for the discovery,presence,handling,removal or days'written notice to the Owner,suspend performance of ser- disposal of or exposure 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,asbestos products,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 .r .n Tc,4444.,,....,,, 4,ftw. e••••• PAYMENTS TO THE ARCHITECT - ••'.. 'in Ex senses are in addition to corn.-• -- - 10.1 DIRECT PERSONNEL EXPENSE Basic and Additional Se j •- • _ --- --• - .. •' h are •• - .0 a•e to termination. • .1 Direct Personnel Expense is defined as th- s -ct salaries o -: :rchitect's personnel engaged•• - •roject and the portion of the c• • their mans . and customary con- tributions and benefits r- -• - -to, such as employment taxes and othe : • ory employee be - . 'nsurance, sick ARTICLE 9 leave •- '.ays, vacations, pensions and similar co •: ons MISCELLANEOUS PROVISIONS • benefits. 10.2 REIMBURSABLE EXPENSES 9.1 Unless otherwise provided, this Agreement shall be gov- erned by the law Ngtxtcuooaxgxsxxxxxxnxsxoeax 10.2.1 Reimbursable Expenses include expenses incurred by -X1561 K of the State of Illinois the Architect in the interest of the Project for: 9.2 Terms in this Agreement shall have the same meaning as .1 expense of transportation and living expenses in con those in AIA Document A201, General Conditions of the Con- nection with out-of-town travel authorized by the tract for Construction,current as of the date of this Agreement. Owner; .2 long-distance communications; 9.3 Causes of action between the parties to this Agreement .3 fees paid for securing approval of authorities having pertaining to acts or failures to act shall be deemed to have jurisdiction over the Project; accrued and the applicable statutes of limitations shall com- mence to run not later than either the date of Substantial Com 4 reproductions; pletion for acts or failures to act occurring prior to Substantial .5 postage and handling of Drawings and Specifications; Completion, or the date of issuance of the final Certificate for .6 expense of overtime work requiring higher than regu- Payment for acts or failures to act occurring after Substantial lar rates, if authorized by the Owner; Completion. .7 renderings and models requested by the Owner; 9.4 The Owner and Architect waive all rights ..Inst each .8 expense of additional insurance coverage or limits, other and against the contractors, cons . ts, agents and including professional liability insurance, requested employees of the other for damages • t only to the extent by the Owner in excess of that normally carried by covered by property insurance : ring construction, except the Architect and Architect's consultants; and such rights as they may hav- • the proceeds of such insurance .9 -.. . - •`- -•• . . as set forth in the editio. of AIA Document A201,General Con- AIA on AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA° •©1987 5 B151-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C. 20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES • ' Subparagraph 11.2.2,based on(1)the lowest bona fie- bid or neg. '. _• •roposal, or(2)if no such b'• : . oposal is 3.1 An initial payment as set forth in Paragraph 11.1 is •- received,the most rece . _ 'u'• - imate of Construction min •um payment under this Agreement. Cost or detailed - . . • of Constru • ost for such por- 10.3.2 Su. equent payments for Basic Services s .s be made tion e e •roject. monthly and, • here applicable, shall be in pr..ortion to ser- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL vices performed thin each phase of serv'• SERVICES AND REIMBURSABLE EXPENSES 10.3.3 If and to the ex : t that the t'• e initially established in Subparagraph 11.5.1 of t A_• -ement is exceeded or ex- 10. . •ayments on account of the Architect's Addition. :-r- tended through no fault of th- chitect,compensation for any vices and • Reimbursable Expenses shall be m.•- monthly services rendered during •e addi' * al period of time shall be upon presentati•- of the Architect's sta -- -nt of services computed in the man.-r set forth in bparagraph 11.3.2. rendered or expenses I - rred. 10.3.4 When c. pensation is based on a .-rcentage of Con- 10.5 PAYMENTS W - LD struction C.: and any portions of the Projec e deleted or otherwi - not constructed,compensation for thos- •ortions of 10.5.1 No •-suctions shall be made from the hitect's corn- the t oject shall be payable to the extent services ._e per- pens. '•n on account of sums withheld from p.•••ents to e med on those portions, in accordance with the schedu. -t •ntractors. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT OF Dollars($ 0.00 shall be made upon execution of this Agreement and credited to the Owner's 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 be computed as follows: (Insert basis c f compensation,including stipulated sums,multiples or percentages,ard identify phases to which particular methods of compensation apply,if necessary) Stipulated sum of $51,000.00 for full services including those of the Civil Engineer 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 additional phases as appropriate) percent( %) Construction Documents Phase: one hundred percent(100/0) QUatXXXXDO i XX percent( %) Total Basic Compensation: one hundred percent(100%) AIA DOCUMENT B151 •ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W.,WASHINGTON, D.C. 20006 B151-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be computed as follows: Not Applicable 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT provided under Article 3 or identified in Article 12,compensation shall he computed as follows: (Insert heists of compensation. including rates and:'ur ndttp/es of Direct Personnel 1,1\/rt'rtst'for Principals and employees. and identify Principals and class+/t' employees. if required Identify specific sen'ices to which particular methods of compensation apply if r+ectasury) Hourly rates as included in Appendix B 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 part of Additional Services,a multiple of One ( 1 ) times the amounts billed to the Architect for such services. (Ialentyy specific types of consultants in Article 12. if required/ 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses, a multiple of One ( 1 ) 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 completed within N/A ( )months of the date hereof,through no fault of the Architect,extension 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 ( 30 ) days from the date of the Architect's invoice. Amounts unpaid Sixty ( 60 )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) 12% annually /ants and requirements under the Federal 7 r'uth in 1 ending Act.similar stale and local t onsu m'r credit lairs and n/her regulation.,at the I nailer s and are hl- tet('s principal places of hltsntt'ss, the location o/the Prolyl(and elsewhere mart'ailed the validity o/this prig won Spelt/rt /et;ar/(tame short/ti ht'ohlatned u nth respect(o deletions or nodi/}cations, and also roweling requirements such as written dratharara ur limen n 11.5.3 The rates and multiples set forth for Additional Services shall he annually adjusted in accordance with normal salary review practices of the Architect. AIA DOCUMENT B151 •ABBREVIATED OWNER-AR(.}II"I ECF AGREEMENT•THIRD EDITION•AL4'"' • 198- THE AMERICAN INSTITUTE OF ARCHITECTS, l-3S NEW'YORK AVENUE,N.Vi,',WASHINGTON, D.e. Lutsin B151-1987 7 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services, identify Additional Services included within Basic Compensation and modifications to the payment and compensation terms included in this Agreement) 1. Work within the contract to be completed by October 31, 1994. 2. Article 10.2 Reimbursable Expenses not to exceed $1,000 and to be billed at actual expense not to exceed $1,000. 3. Payment for services to the Architect will be made on a monthly basis upon receipt of a monthly statement. 4. Payment for reimbursables to the Architect will be made on a monthly basis upon receipt of a monthly statement. This Agreement entered into as of the day and year first written above. OWNER ARCCHITECT HI (Signature) (Signature) ek T' t. n(Ar aC,f , 1 Richard B. Helwig, City Manager ��fARi-E5 ��"'DURK)tDOE (Printed name and title) (Printed name and title) AIACAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT B151•ABBREVIATED OWNER-ARCHITECT AGREEMENT•THIRD EDITION•AIA® •©198' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON, D C 20006 B151-1987 8 • APPENDIX A ELGIN PARKS AND RECREATION SOCCER COMPLEX 3/3/94 DESIGN ITEMS TO ADDRESS Bumidge, Cassell and Associates responsibilities: 1. Site Planning; grading, dimensioning. 2. Architecture; restroom/concession building. (involves minor revisions only to the plans supplied by the Parks Department) • 3. Civil Engineering; paving, watershed study, storm drainage, utilities, road profiles, pedestrian underpass. 4. Landscape Architecture; site amenity program A. Roads and parking lots 1. Striping 2. Wheelstop (possible) 3. H/C curb ramp 4. Signage 5. Bollards 6. Gates 7. Guardrails • 8. Pedestrian crosswalk - B. Paths and trails 1. H/C curb ramp 2. Paving detail 3. Signage • 4. Bike path layout to McLean 5. Guardrails 6. Pedestrian underpass tunnel Burnidge Cassell Associates C. Restrooms/Concessions Area (Specifications for all of the items below will be selected by the Parks Department. BCA will be responsible to include the selected items on their drawings) 1. Patio paving 2. Benches 3. Waste containers • 4. Drinking fountain 5. Furniture, umbrellas 6. Lighting 7. Bicycle racks 8. Fencing 9. Shade structure 10. Flagpoles D. Playfields (8 Soccer) (BCA will be responsible for completing all plans that include the items below. The Parks Department will determine the specifications for each item and pass the information onto BCA) 1. Corner stakes, survey 2. Line and striping detail 3. Equipment; goals and flags 4. Lighting 5. Bleachers 6. Scoreboard • 7. Drinking fountain E. Miscellaneous 1. Permanent swale check-dam details 2. Security lighting 3. Headwall details 4. Pedestrian bridges • 5. Emergency gate (at east property tine) F. Cost estimates for all components Burnidge Cassell Associates • • The Elgin Parks Department will be responsible for the following: 1. Landscape Architecture; site amenity program: A. Tot Lot B. Landscaping: All plans, including reforestoration, wild flower, natural areas, slope erosion control, planting details, tree spading, seasonal flowers, etc. C. Irrigation D. Sports Turf Consultant 2. Construction bidding and supervision 93055/X0111941 • • • Burnidge Cassell • Associates • Civil Engineering Responsibilities include: Watershed analysis Drainage system analysis Design calcs. & design of on-site drainage system • • Refinement of grading to accommodate, drainage if required Extension of water and sewer to concession building, including IEPA permits Prepare roadway plan and profiles Prepare cost estimates Engineer pedestrian underpass Burnidge Cassell A s s O C i a 1 e s • • APPENDIX B HOURLY RATES-EFFECTIVE JANUARY 1, 1994 • Land Planning Architecture Land Planning Presentation Principal: C.H.Burnidge $100.00 $115.00 $160.00 C.W.Cassell Senior Associate: G.K.Bunting $85.00 J.A.Enck R.D.Siegler H.F.Pittner D.RAtilano R.C.McCarthy W.J.Magdziarz $85.00 $110.00 Associate: A.L.Leonardo $80.00 T.O.Mahaffey P.V.Bednar $75.00 $95.00 Construction Administrator:, L.B.Allen $65.00 Registered Architect: C.L.Santos $65.00 S.M.Vacherlon P.J.Bussard • Senior Computer Technician: J.P.Dahlhauser $60.00 Computer Technician A.C.Hupe $50.00 J.S.Romaine Senior Draftsman: M.G.Mackey $60.00 Computer Time: Add$20.00 per hour to operators time Land Planning presentation rates are applied for any presentation or participation before a government board,commission or committee,at a public hearing or other public meeting. The presentation rate is applied to time and tray-1 to and from the site of the presentation as well as time expended at the public hearing/meeting. Burnidge Cassell Associates