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HomeMy WebLinkAbout97-101 Resolution No . 97-101 RESOLUTION APPROVING PHASE II AND PHASE III OF AN AGREEMENT WITH BURBACH MUNICIPAL AND CIVIL ENGINEERS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it approves proceeding with Phase II and Phase III of an agreement with Burbach Municipal and Civil Engineers dated March 8 , 1995 for the renovation of Wing Park nue ' . s/ Kevin Kelly Kevin Kelly, Mayor Presented : April 9 , 1997 Adopted : April 9 , 1997 Omnibus Vote : Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk 11' AMERICANINSTITUTE (I F ARCHITECT • AIA Document B141 Standard Form of Agreement Between Owner and Architect 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 ****Eighth ************** day of ****March ************** in the year of le` Nineteen Hundred and Ninety Five*******(1995) BETWEEN the Owner: (Name and address) • City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "owner") Elgin Parks and Recreation Department X�31 Fountain��� Square at �il e Ar�1.lipeci: 60120 (Name and address) David F. Burbach, dba Burbach Municipal and Civil Engineers 5974 State HIghway 80 South, P.O. Box 721 , Platteville, WI 53818 For the following Project: (Include detailed description of Project, location, address and scope.) Renovation and/or replacement of the Owner's municipal swimming pools and bathhouses at Lords and Wings Park in the City of Elgin, County of Kane, State of Illinois. Now, therefore, for and in consideration of the mutual, promises and covenants contained herein, the sufficiency of which is hereby acknowledged, The Owner and Architect agree as set forth below. • Copyright 1917, 1926, 1948, 1951, 1953. 1958, 1961, 1963, 1966, 1967. 1970, 1974. 1977.©1987 by The American Institute of Architects, I735 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 mA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER•ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA' • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N W. WASHINGTON,D.C.2:CL'G 8141-1987 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT • ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, strut. rural, mechanics and dcctrical systems, materials and such 1.1.1 The Architect's services consist of those services per. other elements as may be appropriate, formed by thc Architect, Architect's employees and Architect's 2.3.2 Thc Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 Thc Architect's services shall be performed as capedi• 2 4 CONSTRUCTION DOCUMENTS PI-LASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for merits and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or In the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Spccifica- approval of submissions by authorities having jurisdiction over tions setting forth In detail the requirements for the construe- the Project.Time limits established by this schedule approved tion of the Project. by the Own:a-shall not,except for reasonable cause,be exceeded • by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the neo-csary bidding Information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tons of thc Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. • 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost lndi- SCOPE OF ARCHITECT'S BASIC SERVICES ated by changes In requirements or general market conditions. 2.4.4 The Architect shall assist the Owner In connection with 2.1 DEFINITION the Owner's responsibility for Cling documents required for 2.1.1 The Architect's Basic Services consist of those described the approval of governmental authorities having Jurisdiction In Paragraphs 2.2 through 2.6 and any other services Identified over the Project. in Article 12 as part of R1tic Services,and Include normal struc- tural, mechanical and electrical engineering scrvias.• 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the 2.2.1 The Architect shall review the furnished bythe Construction Documents and of the latest preliminary estimate Owner to ascertain the requirementsof theProjectand shall orof Construction Cash shall assist the Owner In obtaining bids arrive at a mutual understanding of such requirements with the contracts negotiatedoproand assist in awarding and preparing for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth In Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services 2.2.3 The Architect shall review with the Owner alternative with the Construction Phase under this Agreement commences with the award of the Contract for Construction and tcrmi• approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the date of Substan and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2.6.2 The Architect shall provide administration of the Con- merits consisting of drawings and other documents illustrating tract for Construction as set forth below belowxgqg in theAVXDOLK the scale and relationship of Project components. x2Y6(YDefda#I{ XGeneral Conditions of the Context for r2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted, modified or extended without written agreement of the Owner and Architect gte}{toc04 2.3.1 Based on the approved Schematic Design Documents x3GibitarfIRRRih*PFVCORRiirig53Fxr1@iXtEtGtr?1 X and any adjustments authorized by the Owner in the program, ;}Iy¢. AIA DOCUMENT 6141 • OWNER•ARCHITECT AGREEMENT • FOURTEENTH EDITION • AIA• • 01987 2 run.ueoir�rt INSTITUTE OF ARCHITECTS.1735 NEW YORK AVENUE.N VI7..WASHINGTON,D.C.20006 B141-1987 1an124-97 19 : 38 Burbach Engineers 1 608 348 4970 P _ O1 r 4.6.4 The Architect, shall ad'tic quantity of the Work.(2) mewed construction means, meth• and consult with the Owner(I)during construction until final rads, techniques, sequences or procedures,(3) reviewed copies '•111111/ payment to the Contractor is due, and (2)is an Additional Sc, of requisitions received from Subcontractors and mate sup• o I' vicee at the Owncr's•dtrection from time to time during the con pliers and other data requested by the Owner to substantiate rection period described ,n the Contract for Construction. The the Contractor's right to payment or(4)a-scerta rued how or(d, cat; Architect shat have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid 0 only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. _ ; lit modified lbay written irist%Te�wUg Architect is not - ;'an employee o e 2.6.11 The Architect shall lave authority to reject-wtie which 2.6.5 The Architect shall visit the site at intervals appropriate docs not conform to the Contract Documents Whenever,t c o to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for.irnplemcr u• o Owner and Architect to writing to become generally familiar tion of the Intent of the Contract Documents,the Architect will o with the progress and quality of the Work completed and to have authority to require additional Inspection or testing of the determine in general if the Work is being performed i11 a man Work in accordance with the provisions of the Contract Docu• o� ncr indicating that the Work when completed will be in actor- menus, whether or not such Work is fabricated. Installed or 0 dance with the Contract Documents. However, the Architect completed. However,neither this authority of the Architect noriu shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exec- ol >, inspections to check the quality or quantity of the Work. On else such authority shall give rise to a duty or responsibility of g the basis of on-site observations as an architect, the Architect the Architect to the Contractor; Subcontractors, material and w equipment suppliers, their agents or employees or other per- o shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against sorts performing portions of the Work, defects and deficiencies in the Work. (More eatenslue site w 61 i c representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other .,., d described In Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop -, Drawings,-Product Data and Samples, but only for the limited .-,•.+ 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with Information given. u and shall not be responsible for construction mc2rLs, methods, and the design concept expressed in the Contract Documents. o techniques,sequences or procedures,or for safety precautions The Architect's action shall be taken with such reasonable Oro-c Sirom tness as to cause no delayIn the Work or in the con. . to 4) and programs in connection with the Work. since these arc P P struction of the Owner or ofseparate contractors,while allow- O° -"solely the Contractor's responsibility under the Contract for ,,1 e truNon. The Architect shall not be responsible for chi ung sufficient time in the Architect's professional judgment to -•-i ;tractor's schedules or failure to carry out the Work in actor- permit adequate review. Review of such submittals Is not con- .tet.1 etar'tc,with the Contract Documents. The Architect shall not ducted for the purpose.of determining the accuracy and corn- 211; . g have control over or charge of acts or omissions of the Contrac- pletentss of other details such as dimensions and quantities or y -. tor, Subcontractors, or their agents or employees, or of any for substantiating instr ctions for instailatlon or performance of v u -other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which A • remain the responsibility- of the Contractor to the extern ,,2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. - shall not constitute approval of safety precautions or, unless v otherwise specifically stated by the Architect, of construction ;2.6.8 C..eept •2-...a,'eth,_t+•ar b.. pt-r•ided ft. the Cor:tract means, methods, techniques, sequences or procedures. The o Architect's approval of a specific item shall not indicate 0 '• -- - -- -, ... - -: ' - .-. - - • _ - ,"i approval of an assembly of which the kern Is a component. ar •When professional certification of performance characteristics °• of materials, systems or equipment is required by the Contract Documents, the Architect shall be entitled to rely upon such he 2.6.9 Bas doctor's tha Arc ttect sloobservations n he Architect n V tf'a tand evaluations of '1 certification to establish that the materials, systems or equip- review and certify the amounts due the Contractor. o merit will mmeet the performance criteria required by the Con- DI tract Documents. co 2.6,10 The Architect's certification for payment shall consti- aa) 2.6.13 The Architect shall prepare Change Orders and Con• tote a representation to the Owner, based on the Architect'sv scruetion Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 9.3.3, for the Owner's approval and mens, that the Work has progressed to the point indicated and execution in accordance with the Contract Documents, and that,to the best of the Architect's knowledge, information and may authorize minor changes in the Work not involving an belief, quality of the Work is in accordance with the Contract adjustment In the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation'of the Work for conformance with the Contract Documents Documents upon Substantial Completion, to results of subse- quent tats and inspections,to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the ifcatc for Payment shall further constitute a representation Owner's review and records written warranties and related the Contractor Is entitled to payment in the amount ccrli• documents required by the Contract Documents and assent- Tied. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay. . not be a representation that the Architect has(I)made exhaus• meat upon compliance with the requirements of the Contract live or continuous onsite inspections to check the quality or Documents. Ata,DOCUMENT e141 • OWNELAtcCNITECT AGREEMENT • FOURTEENTH EOITION • •IA• • 01957 3 B141-1987 THE AMr.NICAN INSTITUTE OF••CNITtCTS,1735 NEW YORK•vENt1E,N W•WASHINGTON.D C.ltoos • rilk .6.15 The Architect shill interpret and decide matters co•• 3.2.3 Through the observations by such Project Rcpresen• c• ing performance of the Owner and Contractor under c natives, the Architect shall endeavor to provide further protee • req.'rernents of the Contact Documents on written req t of tion for the Owner against defects and deficiencies in the Work, cithe the Owner or Contactor. The Architect's res•.nse to but the furnishing of such project representation shall not such re•uests shall be made with reasonable prom. ness and modify the rights,responsibilities or obligations of the Architect within an time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 lute • etations and decisions of the iteet shall be consistent with c intent of and reasonably ' fcrablc from the 3.3 CONTINGENT ADDITIONAL SERVICES Contract Docurn is and shall be in wri ' ; or in the form of 3.3.1 Making revisions In Drawings, Specifications or other drawings. When m• ing such interprc ohs and initial dcci- documents when such revisions arc: cions, the Architect • endeavor t• secure faithful perfor- mance by both Owner •d Contract. shall not show partiality .1 inconsistent with approvals or lnstructioru previously to either, and shall not be • blc fo•results of interpretations or given by the Owner, including revisions made neces- decisions so rendered in g.•. •th. sary by adjustments In the Owner's program or Proj- 2.6.17 The Architect's dcc' on matters relating to aesthe- cat budget; tic effect shall bc.final if c. istcnt • ith the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documen or regulations subsequent to the preparation of such 2.6.18 The Archit • shall render wri .- decisions within a docvmenis; or reasonable time o all claims,disputa or• cr matters in quos- .3 due to changes required as a result of the Owner's fail- Lion between Owner and Contractor r t• ' g to the cxecu• ure to render decisions in a timely manner. Lion or p • of the Work as provided ' the Contract Documents 3.3.2 Providing services required because of significant 26.19 • e Architect's decisions on claims, disput.. or other changes In the Project Including, but not limited to,size,qual- matt-••, Including those in question bcween the O••• - and icy, complexity, the Owner's schedule, or the method of bid- Co • ctor,accept for those"relating to aesthetic effect • pro- ding or negotiating and contracting for construction,except for v'•ed in Subparagraph 2.6.17,shall be subject to arbitratio• as ser" required under Subparagraph 5.2.5. •rovided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Spaafit tions and otha documen- tation and supporting data, evaluating Contractor's proposals, and providing other services In connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES - 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 • GENERAL revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Article 3 arc not included in Basic Services unless so Identified in Article 12,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required In connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner.If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circ instances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to coin- Contractor under the Contract for Construction. mencing such set-vices. If the Owner deems that such services described under Paragraph 3.3 are not'required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give pmrmx written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates In writing that all or part of such Contingent Addi- with the Work. clonal Services are not rcquircd,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,ncgotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construe provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES• isk 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AlA Document 8352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed. parativc studies of prospective sites. ALA DOCUMEHT 8141 • OWNER•ARCHUTECT ACRE HENT• FOURTEENTH EDITION • MA• • ®I987 4 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW EN YORK AVUE,N.W.,WASHINGTON.D.C.20x06 B141-1987 Jan-24-97 19 : 38 Burbach Engineers 1 608 348 4970 P . 02 3,4,4 Providing special surveys. cnvimnincntal studies and 1.2 The Owner shall esuDhsh 5215 f2tan overall budge) for submissions required for approvals of governmental authorities the Project,including the Construction Cast;the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. ill., 3.4.5 Providing services relative to future facilities, systems 4.3 1 :14/SesrAllay4t 24?44 ?f eaf 1t/iMaR{f and equipment. XkIitspcdssAtfYssttdat enseCax satsO >4t eR 3.4.6 Providing services to investigate existing conditions or ' es�' 1( . facilities or ttomake measured drawings thereof, 4.4 The Owner shall designate a reprentative s.,eh,.a,,,d:.r with respect to'thrPr'o7eZt,-Thc 3.4,7 Providing services to verify the accuracy of drawings or Owner or such authorized representative shall render decisions other information furnished by the Owner, in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect In order to avoid unreasonable delay in the orderly • separate contractors or by the Owner's own ford and coordi• and sequential progress of the Architect's services. nation of services required in connection with construction Architect performed and equipment supplied by the Owner. 4.5 The shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing services in connection with the work of a con• of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as appUeable. Owner. grades and lines of streets, alleys. pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. Property and strucrures; adjacent drainage; rights-of-way, resuictions,'casements, encroachments, zoning, deed resuic- 3.4.11 Providing detailed quantity surveys or Inventories of eons, boundaries and contours of the site; locations, dirnen- material, equipment and labor. sions and necessary data pertaining to existing buildings,ocher 3,4.12 Providing analyses of owning and operating casts, improvements and trees;and Information concerning available utility services and lines, both public and private, above and 3.4.13 Providing Interior design and other similar services below grade, including Inverts and depths.All the Information required for or in connection with the selection, procurement on the survey shall be referenced to a project benchmark. or Installation of furniture, furnishings'and related equipment. ], 4.6 Thc Owner `urnish the services of geote:d'tnleal engl- 4,14 Providing services for planning tenant or rental spaces. neers when such services arc requested by the Architect. Such J.4.15 Making Inveszlgadons, Inventories of materials or equip- services may include but are not limited to test borings, test , meant,or valuations and dctalled appraisals of existing ioduria. pits( determinations of toll bearing values. percolation tests, . evaluations of hazardous materials,ground corrosion and rests. 3.4.16 Prepartng a set of reprodudble record drawings show- tivity tests,including necessary operations for anticipating sub- _ trig significant changes in the work made during construction soil conditions, with reports and appropriate professional based on marked•up prints,drawings and other data furnished cocoa:unco tints Writpten�yapproval b Owner shall be by the Contractor to the Architect, 4.6.1uT'he Ownprior hrnisrt the ucservkeh. a of�o her consul- 3.4.17 Providing assistance In the utilization of equipment or tants when such sefictaes are reasonably required by the scope systerns such as testing,adjusting and bouncing,preparation of of the Prolect and are seauested.bv the Architect .. Writ ten approve operation and maintenance manuals, training personnel for by Owner shall be required prior to any such wort, operation and maintenance,and consultation during operation. 4 The Owner shall furnish sttuucrural, rrmedhanleal,chemical, mial, air and water pollution teats,tests for hazardous materials, and 3.4.18 Providing scrvkzs-after-Issuance to the Owner of the other laboratory and environmental tests, Inspections and Mal Ccrtlflcate for Payment, or In the absence of 2 feral Cer reports required by law or the Contract Doeumerits, dote for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The 0v nASR mash all legal,sero ]tt8lt le 3.4.19 Providing services of consultants for other than arch) counseling services as may ben at any time for the tectural, structural, mechanical and electrical engineering por verify t, including auditing services the Owneremay require to verify the Cantractor's Applications for Payment or to asrYruln tions of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished In accordance with generally accepted architectural practice. 4.9 The services,information,surveys and repots required by Paragraphs 4.6 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect In OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. x"4.1 The Owner shall provide full Information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, Including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule,constraints and cri• submitted to the Architect for review and approval at lent 14 tcria, Including space requirements and relationships. neat• days prior to execution. The Owner shall nor request cerci(ica• bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scootof thisAgreement_Arich tett: s all of unreasonabl reuse o execute sada cerci..scat..ons. AIA DOCUYENT 3141 • Ow$ER•ARCMITECr AGREEMENT • FOURTEENTH EDITION•AIA • 01997 5 8141-1967 TME AMERICAN INSTITUTE OF ARCHITECTS,17))NEW YORE AVENUE.N W.,WASHINGTON,D C.20036 ARTICLE 5 .3 if the Project is abandoned. terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITIONrequired to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or est,. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, mated cost to the Owner of all elements of the Project designed the Architect, without additional charge,shall modify the Con- or specified by the Architect. tract Documents asnecr-scary to comply with the fuzed limit, if established as a condition of this Agreement. Thc modification to 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's u market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a ftxcd limit.-4 equipment designed, specified, selected or specially provided Thc Architect shall be entitled to compensation in accordance tin for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all scrvi performed whether or not y tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commcnccd. previously -. ance for contingencies shall be included for market conditions to at the time of bidding and for changes in the Work during z construction. ARTICLE 6 U 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS x rights-of-way, financing or other costs which are the respon- sibiliry of the Owner as provided In Article 4. 6.1 Thc Drawings, Specifications and other documents pre- to . 5.2 RESPONSIBILITY FOR CONSTRUCTION COST F'r'ed by the Architect for this Project arc Instruments of the o Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and,unless otherwise provided, the Architect shall be deemed y`�. estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, ,� struction Cost, If any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. > Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- o the construction industry. It Is recognized, however, that net- duabk copies, of the Architect's Drawings, Specifications and p„ rhes the Architect nor the Owner has control over the cost of other documents for Information and reference in connection ►, r, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.Thc Arc hl- o f determining bid prices,or over competitive bidding,market toot's Drawings,Specifications or other documents shall not be i err negotiating,conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or-for completion of this Project by ethe{s,unless will not vary from the Owner's Project budget or from any the Architect Is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 62 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in ticoga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,com- ponent systems and types of construction arc to be included in ' the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed ARBITRATION limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims, •' puna or other matters in qucstio• • twcen the increase in the Contract Sum omrn-Ing after eeccc„tion of the parties to this : cement arising out of or rcla '. g to this Agree- Contract for Coruwction. mist or breach roof shall be subject to •d decided by arbi• 5.2.3 If the Bidding or Negotiation Phase has not commenced tration In accordan with the Constru don Industry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the Am .. Arbitratlo• Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties wally . cc otherwise. Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration be filed in writing with the general level of prices in the construction industry between the other parry to this Agr - nt an• with the American Arbitra- date of submission of the Construction Documents to the Owner and the date on which proposals are sought. tion Association.A d- • d for arbit ion shall be made within a reasonable time • the claim, dis•-ter or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has -•. In no event shall the d • and for arbitration ejii.vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after • c date when institution of -ry or equitable :de bid or negotiated proposal, the Owner shall: proceedings eased on such claim, dispute or • her matter in .1 give written approval of an increase in such fixed question •uld be barred by the applicable statutes • limiutions limit; 7.3 • • arbitration arising out of or relating to this Ag mem .2 authorize rebidding or renegotiating of the Project s .1 include, by consolidation, joinder or in any other m cr, within a reasonable time; additional person or entity not a party to this Agreeme ALA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDMON•ALA• • 4D1987 - . 6 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE,N.W.,WASHINGTON,O.C.20006 8141-1987 P - 03 tan-24-97 19 : 39 Burbach Engineers 1 608 348 4970 �� < s G� J o G ar aJ X b • .0 u eilikO. rcpt by 'rtncn consent containing 2 specific rcfcrcnc , G o .2 Tcn frctccnt of the total compensation for Uurc and this •reemcnt signed by the Owner, Architect, and •dicr m 6 -I-• Additional Services earned to date if tcmminatirz;, percon - entity sought to be joined. Consent I. bitratron a occurs during the Ocsign Dc4Jelppmeni Phase, or involving dditionAl person or entity sh of constitute a .3 Dive percent of the total compensation for Basic and consent.to arblt 'on of any claim, disp or other matter in d p Additional Services canned to date if ncrrnlnailon clucstion not deseri in the written -merit or with 2 person u a �, occurs during any subsequent phase. , or entity not named or •-. ribed crein.The foregoing agree- iro aur merit to arbitrate and other --rccmcnu to arbitrate with an y.., .,., _ i additional person or ent duly •• need to by the parties to ,i o N ARTICLE 9 -- - this Agreement shal - specifically e -reable In accordance a i A. with applicable • in any court having I iction thereof g • to MISCELLANEOUS PROVISIONS x r✓ 7.4 Th • and rendered by the arbitrator or attic .rs shall be vi 0 u fin d judgment may be entered upon It In actor. : with - r-19.1 Unless otherwise provided, this Agreement shall be goo. .plicable law in any court having jurisdiction thereof. u a5emcd by the law of the anxaIDcLitszeiel�e�tylc 61 �xsexise st State of L linos; i . ▪ 'N9.2 Terms in this Agreement shall have the same meaning as ARTICLE e u oihose in X9XII fIXiebDIXELK General Conditions of the Con- . Ntnct for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT ah 09.3 Causes of action between the parties to this Agreement ruin to 2CLS or failures to act be ed to have ing not less than seven days'8.1 Thls Agreement ywriittenrtnotice should the other ted by either party upon .o ae"Pc and the applicable Statutes�limitatiions shall com- mence to tun not later than either the date of Substantial Com• fail substantially to perform In accordance with the terms of this A ole tion for acts or(allures co act occurring prior to Substantial Aglcrnxnt no fault of the pony hulling the termination. 4 rot caused byy chutectp b eg chi .-t LComplalon,or the date of issuance of the Mal Certificate for 8.2 if the Project is suspender]by t ie 0wnerfotr more than 30 0 o Payment for acts or failures to act occurring after Subsantlal consecutive days, the Architect shall be compensated for ser- eta -t-Completion. vices performed prior to notkx of such suspension.When the d • Project is resumed,the Ardilccct's Compensation shall • Wit, C •wne an• 11-21 toCt re 1 to is rtsir": Zb •the t the contractors, consultants is and ~rifigiSteRSticcit310141R,JikkteXSCRilitcReSseseetocsx . - ploy=of _ •er for damages,but o -- extent coo red by peaprerry - . du ; •n, except such This Agneernrnc may be terminated by the Owner upon , . : tsas may.havc to th of such Insurance as ser nor less'than seven days' written notice to the Architect In the firth In the ...r:..e •-...-••c*! ;:• •,,- i Gcx'eral Condition: ` _ event that the Project is permanently abandoned.If the Project , •(the Con -nstruetion,current as - e date of the ' _ Ls abandoned by the Owner for more than 9t7ctib etvtive days, grecsn•- . e Owner and Architect each shall rt•. • *nal the Architect may terminate this Agreement by giving written ..•.[ . .•.. ,-' •, r. •. a.. II .• notice.. 9.5 The Owner and Architect. respectively, bind themselves, 8.4 Failure of the Owner to make payments to the Architect In their partners, successors, assigns and Legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the panners,•succes- nonperformance and cause for termination. sots,assigns and legal representatives of such other party with respect to all covenants of this Agreennent. Neither Owner nor 8.5 If the Owner falls to make payment when due the Archl- Architect shall assign this Agreement without the written con- nect for services and expenses, the Architect may, upon ltfleAst 30 sent of the other. days'written notice to the Owner,suspend performance of set- vices under this Agre:em Unless payment in full is received 9.6 This Agreement represents the entire and Integrated agree- by the Architect within; ;days of the date of the notice,the merit between the Owner and Architect and supersedes all suspension shall take effect without further notice.In the-event prior negotiations, representations or agreernents, richer writ- of a suspension of services, the Architect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. of such suspension of services. 9.7 Nothing contained In this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect still/be compensated for services performed prior party against either the Owner or Architect. , to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the 8.7 Terrnirutlon Expenses ate in addition to compensation for discovery,presence,handling, removal or disposal of or expo- Basic xpoBasic and Additional Services, and Include expenses which are . sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polydilorinated biphenyl(PCB)or other toxic substances. Basic Services and Additional Services earned to the time of ter- mination, as follows; 9.9 The Architect shall have the right to include rcprescnta- tions of the design of the Proiect,including photographs of the 1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. The Architect's materiais shall not occurs before or during the predesign,site analysis.or include the Owner's confidential or proprietary information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA COMMENT 0(41 - OWNER.ARCHITECT AGREEMENT • FOURTEENTH EDITION• A1A• • 01947 7 8141-1987 TILE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW TOAK AVENUE,N.W.,WASN1NGTON.0 C.20:06 • speafic information considered by the Owner to be confi 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES _ ntial or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro• 10.3.1 An initial payment as set forth in Paragraph I 1.1 is the motional materials for the Project minimum payment under this Agreement 10.3.2pxr,M payments for Banc Services shall be made • monthly and, where applicable. shall be in proportion to scr- ARTICLE 10 vices performed within each phase of service, on the basis set . forth in Subparagraph 11.2.2 PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary Con- tributionscon- and benefits related thereto, such as employment 10.3.4 When compensation is based on a percentage of taxes and other statutory employee benefits, insurance, sick struccion Cost and any portions of the Project arc deleted or leave, holidays, vacations, pensions and similar contributions otherwise not constructed,compensation for those portions of and benefits. the Project shall be payable to the extent services arc per- formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(I)the lowest bona fide • bid or negotiated proposal, or(2) if no such bid or proposal is 10.2.1 Reimbursable Expenses arc in addition to compcnsa- received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such por- tion for Basic and Additional Services and include expenses tions of the Project. incurred by the Architect and Architect's employees and con- sultants in the interest of the Project,u identified in the follow. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly phsiel; long-distance communications upon presentation of the Architect's statement of services ren- •p. . r • p• -._•I v!$.fl- -i:• l••0• •. ..f•i•'.. • de red ore penes Incurred. 10.2.1.2 Expense of reproductions, postage and handling of '10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. If authorized in advance by the Owner, expense of 10.5.1 No deductions shall be made from the Architect's corn- 10.2.1.3pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates.. • sums withheld from payments to contractors,or on account of 10.2.t4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per. Architect's consultants. ming to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of **********zero**************************** Dollars(S 0.00 ;hall be made upon execution of this Agreement and credited to the Owner's account at final payment. 11.2 BASIC COMPENSATION 1 FOR BASIC SERVICES,as described in Article 2,and any other services included in Article 12 u part of Basic Services, Basic tpensation shall be computed as follows: r.a.tri basis Of tomptruariort, including stipulated sums, multiples or percentages. and identify phases to wAith particular mtUrpol of compensation apply. essary) ,EE APPENDIX A 11. 2. 1 • .IA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION • AIA • 01987 8 ../1C VFW vnaK wrunc N m NNt-WA n arwY. R141-1987 an-24-97 19 : 39 Burbach Engineers 1 608 348 4970 P . 04 e'rr ` . • 1',._.4 vvlr"�c._..,, -ytIptrh•co-stenry tea!' - ,rr-ezelrrfrs+rsh..iI 1..t._1 4h. (,Ik, .:..6 ",tom•,.-L�, of .In ,wJ Q<,:,fev,,,j,..„+mon p4roblr• , II r•e.,r-r..a4...••.+ 1. i ;dR, -c ,,.-tie Design fates . percen ( 1 prrolni( °..). ;:eortstfoo•ion-Gbastm:Rusts.k4ase.4---- .. -- _. percent( 44,-; .. este:•-— porcetat( .114.) �o tut lo'L Rh ace r - • .....A.-reel 9G) 'oral Basic Compensation: one hundred percent(100%) 1.3 COMPENSATION FOR ADOIT1ONAL SERVICES 1.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3,2, compensation shall be com• ,utcd as follows: ;EE APPENDIX A 11. 3. 1 2 FOR ADDITIONAL SERVICES OF THE ARCHITECT,2.5 described in Articles 3 and 12,other than(1)Additional Project `scntation, as described In Paragraph 3.2, and(2)service= Included In Article 12 as part of Basle Services, but excluding _es of consultants, compensation shall be computed as follows; •wen flute of amp ototIon, lnda.dnv rakes eowetbr wru/r/pia of Dino Performer Expense/or Princrpalr and e.mployeet and Weevilly Prrvdpatr and clauly •nployeet If ngv/md. Identify epeef(le,r i4ca ro arida parried/ter Methods of ooMpe.uallon apply, (f necessary.) :EE APPENDIX 'A 11'.3.2.. . . . 1.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, Including additional structural. mechankaI and electrical engineering :rvlc s and those provided under Subparagraph. 3.4.19 or identified In Artlde 12 as part of Additional Services, a multiple of .nd ten hundreth ( 1 . 10 )times the amounts baled to the Architect for such services, billed co Owner. Additional se•,tf/ykpee(/rc typo of mrwlta.a/r/n Amide 11, If earthed.) services shall be approved by Owner prior to 1.4 REJMBURSABLE EXPENSES retention. 1.4.1 FOR REIMBURSABLE EXPENSES.as described in Paragraph 10.2,and any other Items included in Article 12 as Reimbursable rperues,a multiple of one and C en hund re th (1 . 10 )times the expenses incurred by the Architect,the Architect's nployce and consultants in the interest of the Project. 1.5 ADDITIONAL PROVISIONS • 1.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within ****twelve************* 12 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be tmpcnsated as provided In Subparagraphs 10.3.3 and 11.3.2. 1.5.2 Payments are due and payable*****20************ ( 20 ) days from the date of the Architect's Invoice. mounts unpaid *******thirty****** ( 30 )days after the Invoice date shall ben interest at the rate entered below,or absence thereof at the legal rate prevailing from time to time 21 the principal place of business of the Architect, arrof/wre•rrrstarred wl,ow.) 1 .5'% per month, 18% per year. No interest shall accrue on payments which re lawifull7 withheld ,....7 Lows a Amp.eew,en4 mese'.th„,,k dress T,•,rb t.,Lest/raj Au,rt.illar+tate 414L4Ioc l eonrvw•e•[craft/lora ant oche+reps/amens of the Owner's acv AreA,• s'r pefra[rpal placer of burl•tey, rat roear/ow of tee PrOjeCi art e[reubere nay ofleer tee validity of kbit provision.Sprcrfrc legal aauree thew el be a brairva with +poor to Ow/,Hone or wro.flflmrlov.awes•era',gore/fag eegvirerwenu:web as w,rlrter,t.;dosvrer or uanarr.J AIA DOCUMENT 9141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION• AIA• • 4131987 8141-1987 THE MIEIlC.AN INSTITUTE OF ARCHITECTS, 1755 NEW TOR*AvfieUt.N.W.,WASMINGTON,D.C.amoG • 1 1.5.3 55c4236:k>i!Rik imtk+!`#i'Kik/4chmIt `xxHmfc5cxxutcntc1424bdxxlmmultixxisilitfin.t4,15tcRitileft5c P: • . • • • "APPENDIX A" ARTICLE 11 11 BASIS OF COMPENSATION 11.1 As noted in the Standard Form "Zero Dollars ($0)". 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: Phase I: Task #1 (Technical Evaluation of both facilities) and Task #2 (Replacement/Enhancement of both facilities) - $ 6,800.00 Reimbursables for Phase I shall not exceed $2,000.00, rift' without written authorization from the Owner. Phase II Compensation for basic services for Phase II (Design Development and Construction Documents Phase)-and for all add alternates shall be 7.75% of the construction costs plus reimbursables. Reimbursables for Phase II shall not exceed $7,000 for repair or $8,000.00 for replacement, per project, without written authorization from the Owner. Phase III Compensation for basic services for Phase III (Bidding or Negotiation Phase and Construction Phase) shall be 4% of the final construction costs plus reimbursable expenses for the scope of services as outlined in our Scope of Services included herein. Reimbursables for Phase III shall not exceed $14,000 for repair or $18,000 for oft. replacement, per project, without written authorization from the Owner. 12 • • Jan-24-97 19: 40 Burbach Engineers 1 608 348 4970 P . 05 . . -4. 411111411114411114111 -141411%::,461 Please note that Phase II and Phase III services performed by the Aic h i t ::: constructiQn -work to be performed by the Owner will be considered Additional --Services, 11.2.2 As noted on the Standard Form. 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 Compensation for additional services shall be based on Expense Schedule for Additional Services and Reimbursables according to ATTACHMENT "A" as amended. 11.3.2 One public bidding is included in Basic Services. Additional services required for additional public bidding shall be based on a Expense Schedule for Additional Services and Reimbursables basis according to ATTACHMENT "A" as amended. 0 • • • • 13 • . 12 ARTICLE 12 - OTHER CONDITIONS OR SERVICES -• 12.1 DEFINITIONS 12.1.1 Wherever the word "Architect" is used in the AIA Document B141, Standard Form of Agreement Between Owner and Architect, Edition 1987, as amended, the word "Engineer" shall be substituted. 12.2 Limitations of Liability 12.2.1. Compensation. Neither the Architect, the Architect's consultants, nor their agents or employees shall be jointly, severally or individually liable to the owner in excess of One million dollars ($1,000,000), by reason of any act or omission, including breach of contract or negligence not amounting to a willful or intentional wrong. 12.3 Changes in Standard Form of Agreement Between Owner and Architect: 12.3.1 Article 1 shall be amended to include the following: The Architect shall furnish and perform professional services as authorized and directed by the Owner's authorized representative. Such authorization and direction shall be confirmed by letter. By giving such authorization or direction, the Owner thereby warrants to the architect that sufficient funds to pay the Architect for their services have been or will be appropriated in a timely manner for that purpose. 12.3.2 Article 2.2 Schematic Design Phase shall be deleted and replace with the following: Scope of Services shall be work included in PHASE I - FEASIBILITY STUDY as listed in "Appendix B" (attached). 12.3.3 Article 2.3 Design Development Phase and Article 2.4 Construction Document Phase shall be amended to included the following: 14 Jan-24-97 19: 40 Burbach Engine¢rs 1 608 348 4970 P . 06 I I . • • Scope .of Services shall be work included in PHASE II - DESIGN AND PLANNING SERVICES as listed in "Appendix B" (attached). • ' 12.3.4 Article 2.5 Bidding and Negotiating Phase and _Article •2.6 Construction Phase-Administration of the Construction Contract, Phase III service shall be amended to included the following Scope of Services shall be work included in PHASE III - CONSTRUCTION RELATED SERVICES as listed in "Appendix B" (attached). 12.3.5 Article 3.4.19 shall be replaced with the following: "Providing services of consultants for other than aquatics, architectural, structural, mechanical and electrical engineering provided as a part of Basic Services. No such services shall be provided without prior written authorization by Owner" ri4 12.3.6 Article 4 shall be amended to include the following: If the Architect is not notified in writing to the contrary . • . within thirty (30) days after completion and delivery of • .1. the services authorized by the owner, they will be considered accepted as delivered. 12.3.7 Article 9 shall be amended to include: The Owner and the Architect shall be bound by the terms of this Agreement for the life of the project which is through completion of construction of the Project. This is an exclusive contract for performance of all the consulting work on this project, including all phases of professional services as specified herein. 12.3.8 Article 9 shall be amended to include: The Architect and the Owner agree that the overall liability for the actual, alleged, or threatened discharge, dispersal, release, or escapement of pollutants, and the responsibility for the ownership and maintenance of any toxic, • hazardous, or asbestos materials relating to the project, 15 . . rh. remain with the Owner. The Architect and the Owner acknowledge that the Architect's professional liability policy does not apply to claims arising out of the actual, alleged, or threatened discharge, dispersal, release, or escapement of pollutants. Therefore, the Owner, agrees • not to bring a claim against the Architect relating to the uninsured liability referenced above. Furthermore, the Owner agrees to indemnify and hold harmless the Architect for claims against the Architect by a third party for the uninsured liability referenced above. Provided however, the Architect agrees to perform the services to the normal accepted standard of care, and to assume the liability resulting from a finding of negligence. • 12.3.9 Article 10.2 shall be amended to include: That the rates set forth in All ACHMENT A hereto are for only the calendar years indicated, and that said rates shall be subject to annual adjustment on submission by the Architect to the Owner of a new ATTACHMENT A, and that upon receipt by the Owner, the rates in the new ATTACHMENT A shall supersede those in all previous • forms of ATTACHMENT A. Provided however, that such new rates shall not result in an increase in excess of 5% of the previous year's rates. 12.3.10 Article 11.4.1 shall be amended to reference "Schedule A" for basis of payment for reimbursable expenses. • 16 • Jan-24-97 19: 40 Burbach Engineers 1 608 348 4970 P. 07 7 • "APPENDIX B" , • ler • PROJECT APPROACH This scope of services is the result of the March 11, 1994 request for qualifications and my meeting of September 29, 1994 with Ms. Bates regarding repair/replacemenI of the City of Elgin Wing Park Pool and Lords Park Pool. It would be our intent to complete the Phase I services during the fall and early winter of 1994. After which time we will work with the Owner to formulate short term repairs to both facilities, The next anticipated step is to prepare plans for more extensive work on both facilities with construction to occur during the fall and winter of 1995/96 with completion scheduled for May 15, 1996. FEASIBILITY STUDY - PHASE I The following Work Tasks are recommended for incorporation as part of the feasibility study: The Tasks are as follows: elibk TASK #1 - Technical Evaluation Of Existing Facilities 1. . Perform- a...detailed,.on-site- engineering review (technical evaluation) of the • . . outdoor existing pools (Wing Park Pool and Lords Park Pool); catalog significant Code defects; and catalog repairs necessary to restore the facility to good repair and Code compliance. 2. Perform a technical evaluation of the existing plant which could be reused or incorporated into a repair, modernization and/or replacement of the facility. 3. Analyze need, provide opinions of probable cost and submit recommendations for the pool shell, surge area, piping systems, filter system, recirculation pump, chemical system, pool heater, deck equipment, sanitary facilities, bathhouse area, bathhouse roofs, ADA review, potable water system, process piping system, addition of site amenities, addition of income generating amenities, etc. Please note that in our evaluation process we will break each facility into 33 different categories, all of which will be responded to in the above manner. 4. Make overall final recommendations outlining any recommended improvements to the facility and provide six copies of the final report. 5. Provide opinions of probable construction cost to complete the recommended 17 •• telk work. 6-: Provide a schedule of implementation of the construction work. 7. A total of two meetings would be provided. TASK #2 - Develop Modernization/Replacement Program If after completion of the above Task I, it becomes apparent that the pool vessels will require replacement and/or major work or if there is a desire to convert the traditional facilities into, recreation type pools, then we recommend completion of Task II of our feasibility study which will take a broader approach to the problem. Work for this Task would include developing two modernization and/or replacement scenarios for each of the outdoor facilities for the purpose of either replacing or modernizing each facility, reducing the operating and maintenance deficit and increasing community acceptance of the facilities. This portion of the study would address such items as location, your total aquatic system programming needs, probable construction costs, probable operating cost, determination of the type and configuration of pool facility to best meet the community's needs, code compliance, type of improvements and establishment of a project concept. The following is a rik detailed description of the work which we would perform for this part of the feasibility study: 1. Perform a technical analysis of each existing outdoor pool site. Our firm has developed rigid technical review requirements in which 17 categories of analyses are provided for each site, including field check of elevations and existing utilities, effect on surrounding neighbors; traffic patterns, accessibility for the users, etc. 2. Review projections of the City's demographic trends and analyze recent swimming pool usage data and advise on the demand for aquatics in the City. 3. Perform a marketing study including evaluation of surrounding aquatic facilities highlighting their relative strengths and programming. We would then perform a detailed aquatic sizing resulting in the necessary water surface area required to meet the communities needs for the next 25 years. 4. Review present programming with staff, determine optimum programming needs and define which facilities can best handle those needs. Develop a system wide approach to meeting the communities aquatic needs. 5. The next step in the development of this project would be to prepare conceptual r•-• drawings of facilities intended to meet the community's demands utilizing as much of the existing plant as practical and possible. Two conceptual layouts of 18 Jan-Z4-97 19 : 41 Burbach Engineers 1 608 348 4970 P . 08 • modernization/replacement (recreational) facilities would be prepared. Site • amenities, new recreation pools and other assets will be addressed. An informative• 1111' process would be undertaken by the consultant which would involve slide . presentations to the appropriate committees illustrating different types of facilities,' and their respective uses. One of the goals of Burbach Municipal and Civil) Engineers is to maintain a close team approach so as to assist our clients as th6 project develops. 6. Individual components of each of the proposed facilities would be analyzed and recommendations would be put forth addressing issues such as maintenance, probable operating costs, and overall impact on the quality of the aquatic environment and impact on the existing facility. Since we specialize in the design of municipal pools, both neighborhood and community, we have an, excellent working knowledge of the equipment and mechanical apparatus and assemblies which should be provided and installed in facilities such as these. 7. Provide opinions of probable construction costs and make recommendations for the pool shells, surge tanks, piping systems, filter systems, recirculation pumps, chemical systems, pool heaters, wading pools, deck equipment, sanitary facilities, site amenities, bathhouses, mechanical buildings, and other items for a total of 33 categories. 8. The probable financial performance of the two alternates will then be prepared. Our firm maintains an extensive database of pool operating costs, revenues, etc. for many different and varied communities in the midwestern United States. From this .. information base, we are able to provide probable operating and maintenance costs and projections. Maintenance and operating costs should be factored into the total cost of enhanced aquatic facilities for the City of Elgin. 9. Make overall final recommendations regarding the type and size facility, extent to which existing facilities can be reused,. site amenities, location, etc, and provide six copies of the report. 10. Present findings to the City and various community groups. A total of three meetings would be included. 19 PHASE H - DESIGN AND PLANNING SERVICES 1. Perform site surveying including elevations and locations for one site for the new facility (THE PROJECT). The site will be selected by the Owner; 2. Prepare site layout for the PROJECT located on a site that has .been selected by the Owner. The primary objective of this task is to prepare one preliminary site layout, and one detailed final site plan on the chosen site, detailing the location of major facilities for the project with the result being a Owner approved site layout. This work will be based on the conceptual site plan developed in Phase I. While performing this task, we will meet with the client to ensure that the final detailed site plan conforms to the intent of the conceptual site plan and the needs of the Owner; 3. Evaluate soil borings excavated by the Owner, and/or coordinate with the Owner's testing consultant, separately contracted for by the Owner, in the event detailed soil borings and testing are necessary; 4. Preparation of preliminary pool plans. The primary objective of this task is to work in concert with the Owner to develop a configuration of the pool, along ell' with the relationship to the selected site amenities, and along the lines of the concept established in the feasibility study, with the result being a Owner approved pool vessel foot print; 5. Preparation of preliminary bathhouse plans. The primary objective of this task is to work in concert with the Owner to develop a configuration of the bathhouse, along the lines of the concept established in the feasibility study, with the result being a Owner approved preliminary bathhouse plan; 6. We will carefully monitor the opinion of probable costs developed during the feasibility study phase to as to maintain help the established budget. of the project; 7. Preparation of final pool plans. The purpose of this task is to design the swimming pool based on the approved preliminary drawing. Structural design and construction details will be prepared at this time; 8. Preparation of final bathhouse renovation plans. The purpose of this task is to produce construction drawings for bidding purposes, including the design and layout of the bathhouse, based on the approved preliminary drawings; 9. Preparation of bathhouse mechanical. Work to be performed under this task includes design of plumbing systems, HVAC, equipment selection, drafting and 20 19 : 41 Burbach Engineers 1 608 348 4970 P . 09 ..• preparation of plans for bidding purposes; . •r•• • 10. Preparation of pool mechanical. The purpose of this task is to design and, draft the complete recirculation system for the all new pool vessel, Complete the' design of the mechanical building and surge tank, along with structural engineerir0 and construction details. Another purpose of this task is to design, specify-trrTcl di Aft the pool mechanical equipment including subsystems supporting site amenities; 11. Preparation of electrical plans. Work to be performed under this task includes electrical layout and design for site improvements, and for the process equipment in the new mechanical room addition, and preparation of plans for bidding purposes; 12. Preparation of plans for site amenities as chosen by the Owner. Work to be performed under this task includes specialized mechanical systems such as rim flow devices, body spray; specialized construction techniques for landscaping relief, specialized landscaping for site amenities; water slide, umbrella fountain, and water play features as may be incorporated by the Owner; 13. Preparation of project specifications, contract and bidding documents. The purpose of this task is to prepare proposal forms, general requirements of the contract, specifications and equipment specifications so as to produce what is commonly referred to as a Project Manual; 14. Print up to a total of three preliminary plan sets and three project manuals for client review -during theplan development process; 15. Review Agency Submittal. Work to be performed under this task includes making application to the Department of Health for the plumbing system, . process piping system, bathhouse and swimming pool. All state and local review • fees_shall be paid directly by the Owner; 16. Owner Approval. The purpose of this task is to summarize the plans and specifications and receive direction from the Owner with regard to specific contract language regarding completion dates, time of completion, etc.; provide presentations and review of the completed documents with the committees and staff and attend up to three meetings for the purpose of plan development and presentation of plans; 17. The Owner shall provide any available original plans, aerial survey maps and plans, and topographic maps. Property surveys and establishment of actual public right-of-ways are not part of the specified work. rbk 21 • . , tek PHASE III - CONSTRUCTION RELATED SERVICES 1. A pre-bid meeting shall be conducted by the ENGINEER and he will conduct a Contractor Awareness Program in the City of Elgin; 2. ENGINEER will answer contractor questions during the bidding stage and issue addendums accordingly; 3. ENGINEER will conduct the public bid opening and shall make a written recommendation regarding the successful contractor; 4. Contracts - the ENGINEER shall prepare contracts in triplicate, have them • executed by the successful bidders and then submit them to the Owner; 5. Preconstruction meeting - the ENGINEER shall arrange and conduct a preconstruction meeting; 6. On-site observation and Progress Meetings a. The ENGINEER will perform on-site observation as the (Pk construction work progresses, review and advise the Owner of test results, reject defective work and advise the Owner of special tests or inspections needed as Additional Service. When concrete is being placed in the pool vessel, the ENGINEER will continuously observe the placement of the concrete and also pre- check the steel placement and observe piping pressure tests for the swimming pool. b. The ENGINEER will conduct and attend construction progress meetings for the purpose of observing the progress of the contractor's work, discuss problems, answer questions and review the contractor's planning of future construction work. c. The ENGINEER will make a total of 14 trips to Elgin for on-site observation and progress meetings. Progress meetings should be scheduled with on- site observations. In addition to the 14 trips are one pre-bid meeting, one public bid opening, one preconstruction meeting, one substantial completion on-site and one • final on-site observation. Any and all other trips will be performed as Additional Service; 7. Notification of Nonconformance - the ENGINEER will notify the Owner of any work which does not conform to the intent of the construction contract as part of the ENGINEER'S basic services. As Additional Service, the ENGINEER will make recommendations to the Owner for the correction of nonconforming work and, at the request of the Owner; direct that these recommendations are 22 . • Oar -24-97 19 : 41 Burbach Engineers 1 608 348 4970 P. 10 • implemented by the contractor. This Additional Service may, at the discretion of -the Owner, be deducted from the responsible contractor's contract amount due; , 8. Shop Drawings - the ENGINEER will review shop drawings to determine any objections; 9. Contractor Payment Requests - the ENGINEER will review the requests of the contractor for monthly progress payments and will recommend to the Owner, based on site observations, whether or not such request is commensurate with the work completed; 10. Change Orders - the ENGINEER will review and recommend written change orders for approval by the Owner; 11. Substantially Complete and Final on-site observation - the ENGINEER will perform one on-site observation to determine if the project is substantially complete . and one final on-site observation to determine if the project is finally complete according to the construction contract and whether final payment should be made. If additional on-site observations are necessary, they will be performed as el".4 Additional Service, This Additional Service may, at the discretion of the Owner, be deducted from the responsible contractor's contract amount due. 23 ATTACHMENT A Expense Schedule for Additional Service and Reimbursables for Calendar Years 1995 and 1996 Civil Engineers: $70.00/hour Engineering Technicians: $35.00/hour Secretarial: $25.00/hour Mileage: each way @ $0.35/mile Computer usage: $10.00/hour Plan copies (24x36 mylar): $8.00 per sheet Plan copies (24x36 bond): $4.00 per sheet Plan copies (24x36 blue line): $1.50 per sheet Standard 8.5x11 Copies: $0.25/sheet Colored 8.5x11 Copies: $4.00/sheet Standard 8.5x11 Overlays: $2.00/sheet Telephone charges: actual Shipping/Postage: actual e". Photo record: $1.00/photograph, $5.00/camcorder session Fax charges: $4.00/first sheet, $2.00/thereafter, $1.00/sheet incoming Meals: $5.00/breakfast, $6.00/lunch, $9.00/dinner Lodging: $50.00/night Subconsultants/testing: actual Other charges as stated in Article 10.2 • State and local plan review fees are not included with any of the above, and shall be paid by the Owner. 24 • oF 0 • 0-16N-c 10 — City of Elgin Agenda Item No. re- 4nDo$ ' March 20, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Maim, Interim City Manager SUBJECT: Wing Park Pool Engineering Contract Status Report PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to provide a report prior to proceeding with Phase II and Phase III of the existing agreement with Burbach Municipal & Civil Engineers to design and manage the Wing Park family aquatic center renovation project. BACKGROUND Burbach Municipal & Civil Engineers was contracted in 1995 to conduct a facility assessment of both Wing Park and Lords Park outdoor pools (Phase I) . Out of seven firms submitting RFP' s for the outdoor family aquatic center facility assessment and renovation project, Burbach Municipal and Civil Engineers was the lowest bidding firm and provided a wider range of services for their fees . Phase I work was completed and preliminary designs presented to the Mayor and members of the City Council in June, 1996 . Funding has been included in the 1997 budget to provide for Phase II (site evaluation, soil borings, design plans, public hearings, and prepare construction bid documents) and Phase III (construction management and continuous site observation) of the existing contract with Burbach Municipal & Civil Engineers . The fees for Phase II and III price breakdown are based on $3,224,650 - in project renovation costs (Attachment A) . The project estimates include the facility costs developed in 1996, plus options, plus a 5 percent per year construction cost infla- tion figure factoring in a 1998 construction schedule. The fees, as determined in the existing agreement are: Construction Costs $3, 224 , 650 Phase II Construction Design • 7. 75% fee $249, 910 Reimbursables 8, 000 Subtotal 257, 910 Wing Park Pool Contract Status Report March 20, 1997 Page 2 Phase III Construction Management 4% fee $128, 986 Reimbursables 18, 000 SubTotal 146086 Grand Total $3, 629,546 Other aquatic facility renovations in. Illinois performed by Burbach Municipal & Civil Engineers at the proposed fee rates include Freeport Park District, Woodhaven Public Association, Marengo Park District, and Belvidere Park District. Phase II work will be performed in 1997, including a public input hearing process, with the recommended Wing Park family aquatic center designs presented to the City Council in the fall . Phase III bidding is scheduled for early 1998 with con- struction expected to begin immediately following the 1998 pool Season. The new facility will open in early June, 1999 . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Parks and Recreation Advisory Board. FINANCIAL IMPACT Burbach Municipal & Civil Engineers ' fee to perform Phase II design work and Phase III construction management of the Wing Park family aquatic center renovation project would equal $378, 896 plus reimbursables at a not-to-exceed amount of $26,000 , for a total contract amount of $404 , 896 . The funding of the family aquatic center is as follows : Account! 1997 1998 Project Number Riverboat Fund 0 $3, 055,270 275-0000-791 . 92-36 Project #509538 ( Includes $275, 270 of savings from 1996-97 projects) Riverboat Lease Fund 50, 000 250,000 276-0000-791 . 92-36 ($50,000 = Savings from Hemmens Project) Project #509538 1996 Bond Fund 469 ,530 0 396-1000-795 . 93-36 (Sayings from Motorola Access Rd. Project) Project #509538 Total $519,530 $3, 305,270 ruk There are sufficient funds available to make these expenditures . LEGAL IMPACT None. Wing Park Pool Contract Status Report March 20, 1997 . Page 3 ALTERNATIVES Option #1 is to approve Phase II and Phase III of the existing contract . Option #2 is to approve Phase II of the existing contract and bring back the option of Phase III of the existing contract at a later date . RECOMMENDATION It is recommended that the Mayor and members of the City Council approve proceeding with Phase II and Phase III of the existing Burbach Municipal & Civil Engineers contract for the renovation of the Wing Park Pool at a cost of $404 , 896 . Respectfully submitted, Monica Bates Bates Director of Parks and Recreation 2g41 6771445P eft. Robert 0. Maim Interim City Manager mb Attachments eft . . 8b. Opinion Of Probable Construction Cost for Wing - Option #1 CATEGORY AMOUNT 1. New Main Pool Tank $750,000 2. New Surge Tank 54,000 3. New Main Pool Piping System 110,000 4. •New Backwash System 40,000 5. New Main Recirculation Pumps -0- 6. New Main Pool Chemical Addition -0- 7.-11. No Wading Pool for this Facility (zero depth main vessel fulfills this activity) 12. Deck Equipment 37,500 13. Deck Drain System 27,000 • 14. Electrical Service (No extra capacity for night lighting) 26,000 15. Water Service -0- 16. Mechanical Room Heat -0- 17. Vacuum System -0- 18. Mechanical Building 5,000 19. Decking 55,000 • 20. Bathhouse Structure 195,000 21. Bathhouse Roof 65,000 22. Bathhouse Doors & Windows 14,000 23. Sanitary Facilities _ 35,000 24. Bathhouse Water Heaters 30,000 25. Pool Enclosure (fence) 28,000 26. Pool Painting 18,000 eft, Demolition, Site Fill, Grading & Underdrains 194,000 100 /41/40 kwrn t • ' • 27. Safety Equipment 2,000 28. Pool Area Lighting System 90,000 29. Chemical Controllers 18,500 30. Pool Cover 18,000 32. Main Pool Heater 21,000 33. Site Amenities a. Sun arbors/shelters 16,000 b. Sand Play Area and Apparatus 70,000 d. Sand Volleyball Area 25,000 e. Large Grass Areas 10,000 f. Sunning Areas and Furniture 50,000 g. Landscaping 15,000 h. Concession Building Update 25,000 j. Water Feature #1 and Pump System 21,000 j. Water Feature #2 25,000 j. Water Feature #3 55,000 k. Single Flume Waterslide 120,000 1. Pool Security System 29,000 m. Irrigation System 21,000 o. Public Address System 6,000 Probable) . Facility Construction Cost $2,321,000 307,500 Contingency fund 75,000 Total Probable Facility Construction Cost $2,703,500 OPTIONS 31. Solar Blanket 12,000 33. Site Amenities c. Veranda 15,000 i. Bicycle Racks and area 8,000 k. Double Flume Waterslide 175,000 p. 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Civrjc6(44 ._ Sun Prairie Family i _ _' . ___...., r • Aquatic Center - ri- 44: �S. .;••••4:.7. _ r , SunPrairie, WE .... .,.,. - , , � a:,,., _ .4,. .....:_, .,o,. .. . _ E Burbach Municipal&Civil Engineers 4t� tai-. ..„ iii Platteville WI _ 1• z Platteville/ • ' Cost:$2.1 million -�:. � Square Feet(Pool).19)587' Large paved and turf areas are provided for sunbathing and passive recreation, and sand-play and volleyball areas have been fully developed with multiple-experience play features. A fir. Oecu June 1992 bathhouse and concession area complete the pleasant aquatic environment: Sun Prairie,Wis., found itself in a post- tion not uncommon among municipal- - • ities in the Midwest. The city had anit, .;:1i f e�dsting 37-year-old, traditional-style con- 'i- �,-- i:f *:•! • • trete-box pool that was in need of repair '..."-.• t -• ' --; and was not heavily used by the communkV 14- ity.in fact,between 1989 and 1991,the old i�= ' *` i' 1 t 1�_) pool averaged less than 18.000 patrons i ' 1 per year. 11 a :x: The engineers were retained to per- 4 :._: _'- - form a feasibility study that would address the aquatic and recreational j The main pool vessel features more than needs of the community. The emphasis ' 17 000 square feet ofwater surface area. was to be on developing a pleasant.user- including 210 feet of zero-depth entry. Community reaction has been friend) environment with strongrecre- more than 100.000patrons of all ages— ouerwhelmin�with first-year y � attendance of more than ational assets built around a family and that in the fourth-coolest summer 100,000 patrons of all ages— theme. ! in the city's history. and that in the fourth-coolest Community reaction has been over- ; In an effort to meet the competitive. summer in the city's history. whelming, with first-year attendance of ' recreational and diving needs of the j community with a single facility, the ' -z"4-0 ; consultant designed a large zero-depth- •b-s •• 1.1..-71..—.......,. entry main pool with more than 17,000 •:'• 31— . r--- . square feet of water surface area. The • .•.-- :1Z-_' ,.; • . -.. =• — ; pool is a multifunction vessel with spe- •••-.4 - •-•• so cific water areas assigned to a water- 7:`,x_ `':;,__—_.4_. . rz-`- ' ' , ,-'= ...f- 1. slide receiving area: an eight-lane. �1 •r• ; .•i; tit ‘. os • •- } _ �:' 25-meter competitive area: 210 feet of •S4,. i..-/-�1;• t ' •• i, •••. _ ti..:-"N'—.. zero-depth entry: active water-feature r,k ' {'.L 1• f'4', •sirito,a a wil : ' - •, areas including sequential fountains and :Yi. �• —Ali it i. '41. . .kit overhead water sprays: and a water- i-. i s sports area.A separate divinghopper is ' ' Imo,:. _ c i -:� P PP t,.: _, •... k served by two diving boards and the "ye-1i.l .7"_ $ 4 jw ,., f. - ! first state-approved drop slide. •1. , . -Q .# - _ . \ im or- ,� _ , —pi Water safety is also of prime p K `'- n t� .:., '; r.. t.•.',- — Lance. with the consultant designing the 4„, ; y.� • - :rr .'.'�� ;. , ] state's first security system that identifies ,:ti•a .�. :.. _ : - • ,,.:,•.•.,,..r, i„, .. pool intruders once they enter the pools.