HomeMy WebLinkAbout97-253 Resolution No. 97-253
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
DAHLQUIST AND LUTZOW ARCHITECTS, LTD.
(Elgin Public Museum)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. Malm, Interim City Manager, be and is
hereby authorized and directed to execute an agreement on
behalf of the City of Elgin with Dahlquist and Lutzow
Architects , Ltd. for remodeling of the Elgin Public Museum, a
copy of which is attached hereto and made a part hereof by
reference .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: October 22 , 1997
Adopted: October 22 , 1997
Omnibus Vote: Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Standard Form of Agreement Between Owner and Architect
AIA Document B141 - Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES: CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS
COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA
DOCUMENT D401.
Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977, 1987 by The American Institute of Architects, 1735 New York Avenue,
N.W.,Washington, D.C.,20006-5292. 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.
AGREEMENT
made as of the Twenty-fifth day of September in the year of Nineteen Hundred and Ninety Seven
BETWEEN the Owner:
(Name and address)
City of Elgin-a Municipal Corporation
150 Dexter Court
Elgin,EL 60120
and the Architect:
(Name and address)
Dahlquist and Lutzow Architects,Ltd. -an Illinois Corporation
462 N. McLean Blvd.
Elkin, IL 60123
For the following Project:
(Include detailed description of Project,location,address and scope.)
Remodeling of the Elgin Public Museum, 225 Grand,Elgin, IL 60120
The Owner and Architect agree as set forth below.
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: CONTRACT.DOC -- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#1
TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT
ARTICLE 1 alternative approaches to design and construction of the
ARCHITECT'S RESPONSIBILITIES Project.
1.1 ARCHITECT'S SERVICES 2.2.4 Based on the mutually agreed-upon program,
1.1.1 The Architect's services consist of those services schedule and construction budget requirements,the Architect
performed by the Architect, Architect's employees and shall prepare, for approval by the Owner, Schematic Design
Architect's consultants as enumerated in Articles 2 and 3 of Documents consisting of drawings and other documents
this Agreement and any other services included in Article illustrating the scale and relationship of Project components.
12.
1.1.2 The Architect's services shall be performed as 2.2.5 The Architect shall submit to the Owner a
preliminary estimate of Construction Cost based on current
expeditiously as is consistent with professional skill and care area,volume or other unit costs.
and the orderly progress of the Work. Upon request of the
Owner, the Architect shall submit for the Owner's approval a 2.3 DESIGN DEVELOPMENT PHASE
schedule for the performance of the Architect's services
which may be adjusted as the Project proceeds, and shall 2.3.1 Based on the approved Schematic Design
include allowances for periods of time required for the Documents and any adjustments authorized by the Owner in
Owner's review and for approval of submissions by the program, schedule or construction budget, the Architect
authorities having jurisdiction over the Project. Time limits shall prepare, for approval by the Owner, Design
established by this schedule approved by the Owner shall not, Development Documents consisting of drawings and other
except for reasonable cause, be exceeded by the Architect or documents to fix and describe the size and character of the
Owner. Project as to architectural, structural, mechanical and
electrical systems, materials and such other elements as may
1.1.3 The services covered by this Agreement are subject be appropriate.
to the time limitations contained in Subparagraph 11.5.1.
2.3.2 The Architect shall advise the Owner of any
ARTICLE 2 adjustments to the preliminary estimate of Construction
SCOPE OF ARCHITECT'S BASIC SERVICES Cost.
2.1 DEFINITION 2.4 CONSTRUCTION DOCUMENTS PHASE
2.1.1 The Architect's Basic Services consist of those 2.4.1 Based on the approved Design Development
described in Paragraphs 2.2 through 2.6 and any other Documents and any further adjustments in the scope or
services identified in Article 12 as part of Basic Services, and quality of the Project or in the construction budget authorized
include normal structural, mechanical and electrical by the Owner, the Architect shall prepare, for approval by
engineering services. the Owner, Construction Documents consisting of Drawings
and Specifications setting forth in detail the requirements for
2.2 SCHEMATIC DESIGN PHASE the construction of the Project.
2.2.1 The Architect shall review the program furnished by 2,4.2 The Architect shall assist the Owner in the
the Owner to ascertain the requirements of the Project and
shall arrive at a mutual understanding of such requirements preparation of the necessary bidding information, bidding
forms, the Conditions of the Contract, and the form of
with the Owner. Agreement between the Owner and Contractor.
2.2.2 The Architect shall provide a preliminary 2,4.3 The Architect shall advise the Owner of any
evaluation of the Owner's program, schedule and adjustments to previous preliminary estimates of
construction budget requirements, each in terms of the other, Construction Cost indicated by changes in requirements or
subject to the limitations set forth in Subparagraph 5.2.1. general market conditions.
2.2.3 The Architect shall review with the Owner
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#2
2.4.4 The Architect shall assist the Owner in connection observations as an architect, the Architect shall keep the
with the Owner's responsibility for filing documents required Owner informed of the progress and quality of the Work,and
for the approval of governmental authorities having shall endeavor to guard the Owner against defects and
jurisdiction over the Project. deficiencies in the Work. gore extensive site representation may be
agreed to as an Additional Service,as described in Paragraph 3.2)
2.5 BIDDING OR.NEGOTIATION PHASE
2.6.6 The Architect shall not have control over or charge
2.5.1 The Architect, following the Owner's approval of of and shall not be responsible for construction means,
the Construction Documents and of the latest preliminary methods, techniques, sequences or procedures, or for safety
estimate.of Construction Cost, shall assist the Owner in precautions and programs in connection with the Work,
obtaining bids or negotiated proposals and assist in awarding since these are solely the Contractor's responsibility under
and preparing contracts for construction. the Contract for Construction. The Architect shall not be
2.6 CONSTRUCTION PHASE-ADMINISTRATION responsible for the Contractor's schedules or failure to carry
OF THE CONSTRUCTION CONTRACT out the Work in accordance with the Contract Documents.
The Architect shall not have control over or charge of acts or
2.6.1 The Architect's responsibility to provide Basic omissions of the Contractor, Subcontractors, or their agents
Services for the Construction Phase under this Agreement or employees, or of any other persons performing portions of
the Work.
commences with the award of the Contract for Construction
and terminates at the earlier of the issuance to the Owner of 2,6.7 The Architect shall at all times have access to the
the final Certificate for Payment or 60 days after the date of Work wherever it is in preparation or progress.
Substantial Completion of the Work.
2.6.8 Except as may otherwise be provided in the
2.6.2 The Architect shall provide administration of the Contract Documents or when direct communications have
Contract for Construction as set forth below and in the been specially authorized, the Owner and Contractor shall
edition of AIA Document A201, General Conditions of the communicate through the Architect. Communications by
Contract for Construction, current as of the date of this and with the Architect's consultants shall be through the
Agreement,unless otherwise provided in this Agreement. Architect.
2.6.3 Duties, responsibilities and limitations of authority 2,6.9 Based on the Architect's observations and
of the Architect shall not be restricted, modified or extended evaluations of the Contractor's Applications for Payment, the
without written agreement of the Owner and Architect with Architect shall review and certify the amounts due the
consent of the Contractor, which consent shall not be
Contractor.
unreasonably withheld.
2.6.4 The Architect shall be a representative of and shall 2.6.10 The Architect's certification for payment shall
constitute a representation to the Owner, based on the
advise and consult with the Owner (1) during construction Architect's observations at the site as provided in
until final payment to the Contractor is due, and (2) as an Subparagraph 2.6.5 and on the data comprising the
Additional Service at the Owner's direction from time to Contractor's Application for Payment, that the Work has
time during the correction period described in the Contract progressed to the point indicated and that, to the best of the
for Construction. The Architect shall have authority to act Architect's knowledge, information and belief, quality of the
on behalf of the Owner only to the extent provided in this Work is in accordance with the Contract Documents. The
Agreement unless otherwise modified by written instrument. foregoing representations are subject to an evaluation of the
Work for conformance with the Contract Documents upon
2.6.5 The Architect shall visit the site at intervals Substantial Completion, to results of subsequent tests and
appropriate to the stage of construction or as otherwise inspections, to minor deviations from the Contract
agreed by the Owner and Architect in writing to become Documents correctable prior to completion and to specific
generally familiar with the progress and quality of the Work qualifications expressed by the Architect. The issuance of a
completed and to determine in general if the Work is being Certificate for Payment shall further constitute a
performed in a manner indicating that the Work when representation that the Contractor is entitled to payment in
completed will be in accordance with the Contract the amount certified. However, the issuance of a Certificate
Documents. However, the Architect shall not be required to for Payment shall not be a representation that the Architect
make exhaustive or continuous on-site inspections to check has (1) made exhaustive or continuous on-site inspections to
the quality or quantity of the Work. On the basis of on-site check the quality or quantity of the Work, (2) reviewed
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC — 9/24/1997. AIA License Number 100941, which expires on 9/30/1997 — Page#3
construction means, methods, techniques, sequences or documentation and data if deemed necessary by the Architect
procedures, (3) reviewed copies of requisitions received from as provided in Subparagraphs 3.1.1 and 3.3.3, for the
Subcontractors and material suppliers and other data Owner's approval and execution in accordance with the
requested by the Owner to substantiate the Contractor's right Contract Documents, and may authorize minor changes in
to payment or (4) ascertained how or for what purpose the the Work not involving an adjustment in the Contract Stun
Contractor has used money previously paid on account of the or an extension of the Contract Time which are not
Contract Sum. inconsistent with the intent of the Contract Documents.
2.6.11 The Architect shall have authority to reject Work 2.6.14 The Architect shall conduct inspections to
which -does not conform to the Contract Documents. determine the date or dates of Substantial Completion and
Whenever the Architect considers it necessary or advisable the date of final completion, shall receive and forward to the
for implementation of the intent of the Contract Documents, Owner for the Owner's review and records written warranties
the Architect will have authority to require additional and related documents required by the Contract Documents
inspection or testing of the Work in accordance with the and assembled by the Contractor, and shall issue a final
provisions of the Contract Documents, whether or not such Certificate for Payment upon compliance with the
Work is fabricated, installed or completed. However, neither requirements of the Contract Documents.
this authority of the Architect nor a decision made in good
faith either to exercise or not to exercise such authority shall 2.6.15 The Architect shall interpret and decide matters
give rise to a duty or responsibility of the Architect to the concerning performance of the Owner and Contractor under
Contractor, Subcontractors, material and equipment the requirements of the Contract Documents on written
suppliers,. their agents or employees or other persons request of either the Owner or Contractor. The Architect's
performing portions of the Work. response to such requests shall be made with reasonable
promptness and within any time limits agreed upon.
2.6.12 The Architect shall review and approve or take
other appropriate action upon Contractor's submittals such as 2.6.16 Interpretations and decisions of the Architect shall
Shop Drawings, Product Data and Samples, but only for the be consistent with the intent of and reasonably inferable from
limited purpose of checking for conformance with the Contract Documents and shall be in writing or in the
information given and the design concept expressed in the form of drawings. When making such interpretations and
Contract Documents. The Architect's action shall be taken initial decisions, the Architect shall endeavor to secure
with such reasonable promptness as to cause no delay in the faithful performance by both Owner and Contractor, shall
Work or in the construction of the Owner or of separate not show partiality to either, and shall not be liable for
contractors, while allowing sufficient time in the Architect's results of interpretations or decisions so rendered in good
professional judgment to permit adequate review. Review of faith
such submittals is not conducted for the purpose of
determining the accuracy and completeness of other details 2.6.17 The Architect's decisions on matters relating to
such as .dimensions and quantities or for substantiating aesthetic effect shall be final if consistent with the intent
instructions for installation or performance of equipment or expressed in the Contract Documents.
systems designed by the Contractor, all of which remain the
responsibility of the Contractor to the extent required by the 2.6.18 The Architect shall render written decisions within
Contract Documents. The Architect's review shall not a reasonable time on all claims, disputes or other matters in
constitute approval of safety precautions or, unless otherwise question between the Owner and Contractor relating to the
specifically stated by the Architect, of construction means, execution or progress of the Work as provided in the
methods, techniques, sequences or procedures. The Contract Documents.
Architect's approval of a specific item shall not indicate
approval of an assembly of which the item is a component. 2.6.19 The -AFGhitect's deeisiens-on Elaims, disputes-or-
When professional certification of performance eihef matteFS, includin g thes 4n question bem,een 4he-
characteristics of materials, systems or equipment is required A,A%ef aEtff, emeep t -these rvlating4e aesthetiE
by the Contract Documents, the Architect shall be entitled to
rely upon such certification to establish that the materials, afbilfatien as PFO-Vided in this AgFeement and in the Cenliaet
systems or equipment will meet the performance criteria Doetiments
required by the Contract Documents.
2.6.13 The Architect shall prepare Change Orders and ARTICLE 3
Construction Change Directives, with supporting ADDITIONAL SERVICES
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS,-1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#4
3.1 GENERAL or regulations subsequent to the preparation of such
documents;or
3.1.1 The services described in this Article 3 are not
included in Basic Services unless so identified in Article 12, .3 due to changes required as a result of the Owner's
and they shall be paid for by the Owner as provided in this failure to render decisions in a timely manner.
Agreement, in addition to the compensation for Basic
Services. The services described under Paragraphs 3.2 and 33,� Providing services required because of significant
3.4 shall only be provided if authorized or confirmed in changes in the Project including, but not limited to, size,
writing by the Owner. If services described under quality, complexity, the Owner's schedule, or the method of
Contingent ,Additional Services in Paragraph 3.3 are bidding or negotiating and contracting for construction,
required due to circumstances beyond the Architect's control, except for services required under Subparagraph 5.2.5.
the Architect shall notify the Owner prior to commencing
such services. If the Owner deems that such services 3.3.3 Preparing Drawings, Specifications and other
described tinder Paragraph 3.3 are not required, the Owner documentation and supporting data, evaluating Contractor's
shall give prompt written notice to the Architect. If the proposals, and providing other services in connection with
Owner indicates in writing that all or part of such Change Orders and Construction Change Directives.
Contingent Additional Services are not required, the
Architect shall have no obligation to provide those services. 3.3.4 Providing services in connection with evaluating
substitutions proposed by the Contractor and making
3.2 PROJECT REPRESENTATION BEYOND subsequent revisions to Drawings, Specifications and other
BASIC SERVICES documentation resulting therefrom.
3.2.1 If more extensive representation at the site than is 3.3.5 Providing consultation concerning replacement of
described in Subparagraph 2.6.5 is required, the Architect Work damaged by fire or other cause during construction,
shall provide one or more Project Representatives to assist in and furnishing services required in connection with the
carrying out such additional on-site responsibilities. replacement of such Work.
3.2.2 Project Representatives shall be selected, employed 3.3.6 Providing services made necessary by the default of
and directed by the Architect, and the Architect shall be the Contractor, by major defects or deficiencies in the Work
compensated therefor as agreed by the Owner and Architect. of the Contractor, or by failure of performance of either the
The duties, responsibilities_and limitations of authority of Owner or Contractor under the Contract for Construction.
Project Representatives shall be as described in the edition of
AIA Document 8352 current as of the date of this 3.3.7 Providing services in evaluating an extensive
Agreement,unless otherwise agreed. number of claims submitted by the Contractor or others in
connection with the Work.
3.2.3 Through the observations by such Project
Representatives, the Architect shall endeavor to provide 3.3.8 Providing services in connection with a public
further protection for the Owner against defects and hearing, arbitration proceeding or legal proceeding except
deficiencies in the Work, but the furnishing of such project where the Architect is party thereto.
representation shall not modify the rights, responsibilities or
obligations of the Architect as described elsewhere in this 3.3.9 Preparing documents for alternate, separate or
Agreement. sequential bids or providing services in connection with
3.3 CONTINGENT ADDITIONAL SERVICES bidding, negotiation or construction prior to the completion
of the Construction Documents Phase.
3.3.1 Making revisions in Drawings, Specifications or
other documents when such revisions are: 3.4 OPTIONAL ADDITIONAL SERVICES
.1 inconsistent with approvals or instructions 3.4.1 Pmvidisg an -o€ 4he �e�s steeds -aid
..the requirements of the DrE:urf
previously given by the Owner, including revisions
made necessary by adjustments in the Owner's 3.4.2 Providing financial feasibility or other special
program or Project budget;
studies.
.2 required by the enactment or revision of codes, laws 3.4.3 Providing planning surveys, site evaluations or
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#5
comparative studies of prospective sites. during operation.
3.4.4 Providing special surveys, environmental studies 3.4.18 Providing services after issuance to the Owner of
and submissions required for approvals of governmental the final Certificate for Payment, or in the absence of a final
authorities or others having jurisdiction over the Project. Certificate for Payment, more than 60 days after the date of
Substantial Completion of the Work.
3.4.5 Providing services relative to future facilities,
systems and equipment. 3.4.19 Providing services of consultants for other than
architectural, structural, mechanical and electrical
3.4.6 -Providing services to investigate existing conditions engineering portions of the Project provided as a part of
or facilities or to make measured drawings thereof Basic Services.
3.4.7 Providing services to verify the accuracy of 3.4.20 Providing any other services not otherwise included
drawings or other information furnished by the Owner. in this Agreement or not customarily furnished in
accordance with generally accepted architectural practice.
3.4.8 Providing coordination of construction performed by
separate. contractors or by the Owner's own forces and
coordination of services required in connection with ARTICLE 4
construction performed and equipment supplied by the OWNER'S RESPONSIBILITIES
Owner. 4.1 The Owner shall provide full information regarding
3.4.9 - Providing services in connection with the work of a requirements for the Project, including a program which
shall set forth the Owners objectives, schedule, constraints
construction manager or separate consultants retained by the and criteria, including space requirements and relationships,
Owner. flexibility,ty, andabili xp ty, special equipment, systems and site
3.4.10 Providing detailed estimates of Construction Cost. requirements.
4.2 The Owner shall establish and update an overall
3.4.11 Providing detailed quantity surveys or inventories-of budget for the Project, including the Construction Cost, the
material,equipment and labor. Owner's other costs and reasonable contingencies related to
all of these costs.
3.4.12 Providing analyses of owning and operating costs.
4.3 If requested by the Architect, the Owner shall
3.4.13 Providing interior design and other similar services furnish evidence that financial arrangements have been made
required for or in connection with the selection, procurement to fulfill the Owner's obligations under this Agreement.
or installation of furniture, furnishings and related
equipment. 4.4 The Owner shall designate a representative
authorized to act on the Owner's behalf with respect to the
3.4.14 Providing services for planning tenant- or rental Project. The Owner or such authorized representative shall
spaces. render decisions in a timely manner pertaining to documents
submitted by the Architect in order to avoid unreasonable
3.4.15 Making investigations, inventories of materials or delay in the orderly and sequential progress of the Architect's
equipment, or valuations and detailed appraisals of.existing services.
facilities.
4.5 The Owner shall furnish surveys describing physical
3.4.16 . Preparing a set of reproducible record drawings characteristics, legal limitations and utility locations for the
showing significant changes in the 'Work made during site of the Project, and a written legal description of the site.
construction based on marked-up prints, drawings and other The surveys and legal information shall include, as
data furnished by the Contractor to the Architect. applicable, grades and lines of streets, alleys, pavements and
adjoining property and structures; adjacent drainage;
3.4.17 Providing assistance in the utilization of equipment rights-of-way, restrictions, easements, encroachments,
or systems such as testing, adjusting and balancing, zoning, deed restrictions,boundaries and contours of the site;
preparation of operation and maintenance manuals, training locations, dimensions and necessary data pertaining to
personnel for operation and maintenance, and consultation existing buildings, other improvements and trees; and
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#6
information concerning available utility services and lines, 5.1.1 The Construction Cost shall be the total cost or
both public and private, above and below grade, including estimated cost to the Owner of all elements of the Project
inverts and depths. All the information on the survey shall designed or specified by the Architect.
be referenced to a project benchmark.
5.1.2 The Construction Cost shall include the cost at
4.6 The Owner shall furnish the services of current market rates of labor and materials furnished by the
geotechnical engineers when such services are requested by Owner and equipment designed, specified, selected or
the Architect. Such services may include but are not limited specially provided for by the Architect, plus a reasonable
to test borings, test pits, determinations of soil bearing allowance for the Contractor's overhead and profit. In
values,.percolation tests, evaluations of hazardous materials, addition, a reasonable allowance for contingencies shall be
ground-corrosion and resistivity tests, including necessary included for market conditions at the time of bidding and for
operations for anticipating subsoil conditions, with reports changes in the Work during construction.
and appropriate professional recommendations.
5.1.3 Construction Cost does not include the
4.6.1 The Owner shall. furnish the services of other compensation of the Architect and Architect's consultants,
consultants when such services are reasonably required by the costs of the land, rights-of-way, financing or other costs
the scope of the Project and are requested by the Architect. which are the responsibility of the Owner as provided in
Article 4.
4.7 The Owner shall furnish structural, mechanical,
chemical, air and water pollution tests, tests for hazardous 5.2 RESPONSIBILITY FOR CONSTRUCTION
materials, and other laboratory and environmental tests, COST
inspections -and reports required by law or the Contract
Documents. 5.2.1 Evaluations of the Owner's Project budget,
preliminary estimates of Construction Cost and detailed
4.8 The Owner shall furnish all legal, accounting and estimates of Construction Cost, if any, prepared by the
insurance counseling services as may be necessary at any Architect, represent the Architect's best judgment as a design
time for the Project, including auditing services the Owner professional familiar with the construction industry. It is
may require to verify the Contractor's Applications for recognized, however, that neither the Architect nor the
Payment or to ascertain how or for what purposes the Owner has control over the cost of labor, materials or
Contractor has used the money paid by or on behalf of the equipment, over the Contractor's methods of determining bid
Owner. prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Architect cannot and does not
4.9 The services, information, surveys and reports warrant or represent that bids or negotiated prices will not
required by Paragraphs 4.5 through 4.8 shall be furnished at vary from the Owner's Project budget or from any estimate of
the Owner's expense, and the Architect shall be entitled to Construction Cost or evaluation prepared or agreed to by the
rely upon the accuracy and completeness thereof. Architect.
4.10 Prompt written notice shall be given by the Owner 5.2.2 No fixed limit of Construction Cost shall be
to the Architect if the Owner becomes aware of any fault or established as a condition of this Agreement by the
defect in the Project or nonconformance with the Contract furnishing, proposal or establishment of a Project budget,
Documents. unless such fixed limit has been agreed upon in writing and
signed by the parties hereto. If such a fixed limit has been
4.11 The proposed language of certificates or established, the Architect shall be permitted to include
certifications requested of the Architect or Architect's contingencies for design, bidding and price escalation, to
consultants shall be submitted to the Architect for review and determine what materials, equipment, component systems
approval at least 14 days prior to execution. The Owner and types of construction are to be included in the Contract
shall not request certifications that would require knowledge Documents, to make reasonable adjustments in the scope of
or services beyond the scope of this Agreement. the Project and to include in the Contract Documents
alternate bids to adjust the Construction Cost to the fixed
ARTICLE 5 limit. Fixed limits, if any, shall be increased in the amount
CONSTRUCTION COST of an increase in the Contract Sum occurring after execution
of the Contract for Construction.
5.1 DEFINITION
5.2.3 If the Bidding or Negotiation Phase has not
ALA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC --9/24/1997. AIA License Number 100941, which expires on 9/30/1997 -- Page#7
commenced within 90 days after the Architect submits the except by agreement in writing and with appropriate
Construction Documents to the Owner, any Project budget or compensation to the Architect.
fixed limit of Construction Cost shall be adjusted to reflect
changes in the general level of prices in the construction 6.2 Submission or distribution of documents to meet
industry between the date of submission of the Construction official regulatory requirements or for similar purposes in
Documents to the Owner and the date on which proposals connection with the Project is not to be construed as
are sought. publication in derogation of the Architect's reserved rights.
5.2.4 If a fixed limit of Construction Cost (adjusted as
provided in Subparagraph 5.2.3) is exceeded by the lowest ARTICLE 7
bona fide bid or negotiated proposal,the Owner shall: ARBITRATION
.1 give written approval of an increase in such fixed 7.1 Claims, disputes -of ethe ~ifs -in question
limit; between 4he pafsies-to 4#is Agrcemen arising Ott-o€-ems
relatin 4e4 hiss eae 4hereef-shall-be subjeet
.2 authorize rebidding or renegotiating of the Project to -and deeid -by afbitfatie -in aeee 4he-
within a reasonable time; Constmetien industiy Afbitiatien des-of 4he AmeFiem
A bitm ien-f4sseeint-na euFFently4n effee tWess a parties
.3 if the Project is abandoned, terminate in accordance
with Paragraph 8.3; or
7.2 Demand feF aibitr-atien shall be filed-in vMting'Aith
.4 cooperate in revising the Project scope and quality the etheF-pafty 4e 4his AgFeement-and-y4th 4he AineFiean
as required to reduce the Construction Cost. Af-bitfatien semen.--A demand-€er arbitration—shal-l-be-
made-within-a reasenable die-after-the eWin, dispute-ef
5.2.5 If the Owner chooses to proceed under Clause edw matteF4n questien4ias --In-aeeven shall-the-
5.2.4.4, the Architect, without additional charge, shall deeman -fef afbitretien -be Made -allef 4-he -date when
modify the Contract Documents as necessary to comply with -e€-leggy pFoeeeding$ -on Sueh
the fixed limit, if established as a condition of this elaim, dispute eF etheF inattei:in question would be baffed by
Agreement. The modification of Contract Documents shall the applieable statutes of limitations.
be the limit of the Architect's responsibility arising out of the
establishment of a fixed limit. The Architect shall be entitled 7.3 lie-a�it>�tiel3 g-ee{�€��elaEing-te�
to compensation in accordance with this Agreement for all �t�hally�enselidatder er to an}�
services performed whether or not the Construction Phase is ethffmanneF,-ae additional n-ef `-net-a -te-
commenced. tvis AgFeement, eNeep -by written eensen t containing -a-
speeifisrvieFe:,ce 4e his Affeemen signe d-by-tile 0,AffieF,-
ARTICLE 6 Eensent 4e arbitFation Ong-an dal peFsen-ef-
USE OF ARCHITECT'S DRAWINGS, entity slm}1 not eenstitute consent to aFbitfatien ef any elaim,
SPECIFICATIONS AND OTHER DOCUMENTS -of othe matte F-in question-net 4n 4he
6.1 The Drawings, Specifications and other documents "tten eensent-of-with-a peFsen-ef -net-named-ef-
prepared by the Architect for this Project are instruments of desefi feFegein g agreenient to ar-bitmte and-
the Architect's service for use solely with respect to this ethff agreemen 4e ar-bitfate -an-additional peFSOn-ef-
Project and,unless otherwise provided, the Architect shall be fit`Attly eensented 4e-by 4he paftie -te
deemed the author of these documents and shall retain all shM -be spec-ifleally eflfffeeable 4n acce
common law, statutory and other reserved rights, including appneablc� �ur-isdaetion-tHeree#
the copyright. The Owner shall be permitted to retain 7.4 The award reed-by4he aFbitfato -er arbitrateEs
copies, including reproducible copies, of the Architect's shall-be -and judginen -may-be enteF -it 4n-
Drawings, Specifications and other documents for
information and reference in connection with the Owner's
b �� la�v rn �surt having
use and occupancy of the Project. The Architect's Drawings,
Specifications or other documents shall not be used by the
Owner or others on other projects, for additions to this ARTICLE 8
Project or for completion of this Project by others, unless the TERMINATION, SUSPENSION OR
Architect is adjudged to be in default under this Agreement, ABANDONMENT
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997 -- Page#8
8.1 This Agreement may be terminated by either party site analysis,or Schematic Design Phases;or
upon not less than seven days'written notice should the other .2 Ten percent of the total compensation for Basic and
party fail substantially to perform in accordance with the Additional Services earned to date if termination
terms of this Agreement through no fault of the party occurs during the Design Development Phase;or
initiating the termination.
.3 Five percent of the total compensation for Basic and
8.2 If the Project is suspended by the Owner for more Additional Services earned to date if termination
than 30 consecutive days, the Architect shall be compensated occurs during any subsequent phase.
for services performed prior to notice of such suspension.
When the Project is resumed, the Architect's compensation
shall be equitably adjusted to provide for expenses incurred ARTICLE 9
in the interruption and resumption of the Architect's MISCELLANEOUS PROVISIONS
services.
9.1 Unless otherwise provided, this Agreement shall be
8.3 This Agreement may be terminated by the Owner governed by the law of the principal place of business of the
upon not less than seven days'written notice to the Architect Architect.
in the event that the Project is permanently abandoned. If
the Project is abandoned by the Owner for more than 90 9.2 Terms in this Agreement shall have the same
consecutive days, the Architect may terminate this meaning as those in AIA Document A201, General
Agreement by giving written notice. Conditions of the Contract for Construction, current as of the
date of this Agreement.
8.4 Failure of the Owner to make payments to the
Architect in accordance with this Agreement shall be 9.3 Causes of action between the parties to this
- considered substantial nonperformance and cause for Agreement pertaining to acts or failures to act shall be
termination. deemed to have accrued and the applicable statutes of
limitations shall commence to run not later than either the
8.5 If the Owner fails to make payment when due the date of Substantial Completion for acts or failures to act
Architect.for services and expenses, the Architect may, upon occurring prior to Substantial Completion, or the date of
seven days' written notice to the Owner, suspend issuance of the final Certificate for Payment for acts or
performance of services under this Agreement. Unless failures to act occurring after Substantial Completion.
payment in full is received by the Architect within seven
days of the date of the notice, the suspension shall take effect 9.4 The Owner and Architect waive all rights against
without further notice. In the event of a suspension of each other and against the contractors, consultants, agents
services-the the Architect shall-have no liability to the Owner and employees of the other for damages, but only to the
for delay or damage caused the Owner because of such extent covered by property insurance during construction,
suspension of services. except such rights as they may have to the proceeds of such
insurance as set forth in the edition of AIA Document A201,
8.6 In the event of termination not the fault of the General Conditions of the Contract for Construction, current
Architect, the Architect shall-be compensated for services as of the date of this Agreement. The Owner and Architect
performed prior to termination, together with Reimbursable each shall require similar waivers from their contractors,
Expenses then due and all Termination Expenses as defined consultants and agents.
in Paragraph 8.7.
9.5 The Owner and Architect, respectively, bind
8.7 Termination Expenses are in addition to themselves, their partners, successors, assigns and legal
compensation for Basic and Additional Services, and include representatives to the other party to this Agreement and to
expenses which are directly attributable to termination. the partners, successors, assigns and legal representatives of
Termination Expenses shall be computed as a percentage of such other party with respect to all covenants of this
the total compensation for Basic Services and Additional Agreement. Neither Owner nor Architect shall assign this
Services earned to the time of termination,as follows: Agreement without the written consent of the other.
.1 Twenty percent of the total compensation for Basic 9.6 This Agreement represents the entire and integrated
and Additional Services earned to date if agreement between the Owner and Architect and supersedes
termination occurs before or during the predesign, all prior negotiations, representations or agreements, either
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
ser Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#9
written or oral. This Agreement may be amended only by 10.2.1.2 Expense of reproductions, postage and handling
written instrument signed by both Owner and Architect. of Drawings, Specifications and other documents.
9.7 Nothing contained in this Agreement shall create a 10.2.1.3 If authorized in advance by the Owner,expense
contractual relationship with or a cause of action in favor of of overtime work requiring higher than regular rates.
a third party against either the Owner or Architect.
10.2.1.4 Expense of renderings, models and mock-ups
9.8 Unless otherwise provided in this Agreement, the requested by the Owner.
Architect and Architect's consultants shall have no
responsibility for the discovery, presence, handling, removal 10.2.1.5 Expense of additional insurance coverage or
or disposal of or-exposure of persons to hazardous materials limits, including professional liability insurance, requested
in any form at the Project-site, including but not limited to by the Owner in excess of that normally carried by the
asbestos, asbestos products, polychlorinated biphenyl (PCB) Architect and Architect's consultants.
or other toxic substances.
10.2.1.6 Expense of eemputer-aid design and dFafting
9.9 The Architect shall have the right to include
representations of the design of the Project, including
photographs of the exterior and interior, among the 10.3 PAYMENTS ON ACCOUNT OF BASIC
Architect's promotional and professional materials. The SERVICES
Architect's materials shall not include the Owner's
confidential or proprietary information if the Owner has 10.3.1 An initial payment as set forth in Paragraph 11.1 is
previously advised the Architect in writing of the specific the minimum payment under this Agreement.
information considered by the Owner to be confidential or
proprietary. The owner shall provide professional credit for 10.3.2 Subsequent payments for Basic Services shall be
the Architect on the construction sign and in the promotional made monthly and, where applicable, shall be in proportion
materials for the Project. to services performed within each phase of service, on the
basis set forth in Subparagraph 11.2.2.
ARTICLE 10 10.3.3 If and to the extent that the time initially established
PAYMENTS TO THE ARCHITECT in Subparagraph 11.5.1 of this Agreement is exceeded or
10.1 DIRECT PERSONNEL EXPENSE extended through no fault of the Architect, compensation for
any services rendered during the additional period of time
10.1.1 Direct Personnel Expense is defined as the direct shall be computed in the manner set forth in Subparagraph
salaries of the Architect's personnel engaged on the Project I L3.2.
and the portion of the cost of their mandatory and customary
contributions and benefits related thereto, such as 10.3.4 When compensation is based on a percentage of
employment taxes and other statutory employee benefits, Construction Cost and any portions of the Project are deleted
insurance, sick leave, holidays, vacations, pensions and or otherwise not constructed, compensation for those
similar contributions and benefits. portions of the Project shall be payable to the extent services
are performed on those portions, in accordance with the
10.2 REIMBURSABLE EXPENSES schedule set forth in Subparagraph 11.2.2, based on (1) the
lowest bona fide bid or negotiated proposal, or (2) if no such
10.2.1 Reimbursable Expenses are in addition to bid or proposal is received, the most recent preliminary
compensation for Basic and Additional Services and include estimate of Construction Cost or detailed estimate of
expenses incurred by the Architect and Architect's employees Construction Cost for such portions of the Project.
and consultants in the interest of the Project, as identified in
the following Clauses. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL
SERVICES
10.2.1.1 Expense of transportation in connection with
the Project; expenses in connection with authorized 10.4.1 Payments on account of the Architect's Additional
out-of--town travel; low -,-and Services and for Reimbursable Expenses shall be made
paid Seetffifig pprevelo€autheFitie -htcin jur-isdietion monthly upon presentation of the Architect's statement of
eveF the PFgje services rendered or expenses incurred.
10.5 PAYMENTS WITHHELD
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
er Document: CONTRACT.DOC -- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997 -- Page#10
}
10.5.1 No deductions shall be made from the Architect's 10.6.1 Records of Reimbursable Expenses and expenses
compensation on account of penalty, liquidated damages or pertaining to Additional Services and services performed on
other sums withheld from payments to contractors, or on the basis of a multiple of Direct Personnel Expense shall be
account of the cost of changes in the Work other than those available to the Owner or the Owner's authorized
for which the Architect has been found to be liable. representative at mutually convenient times.
10.6 ARCHITECT'S ACCOUNTING RECORDS
ARTICLE 11
BASIS OF COMPENSATION
The Owner shall compensate the Architect as follows:
11.1. AN INITIAL PAYMENT of Zero Dollars ($ 0 ) 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 of compensation, including stipulated sums, multiples or
percentages,and identify phases to which particular methods of compensation apply, if necessary.)
9.75%of Construction Cost
1.1.2.2 .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.)
Schematic Design Phase: Twenly percent( 20%)
Design Development Phase: Fifteen percent( 15 %)
Construction Documents Phase: Eprty percent( 40%)
Bidding or Negotiation Phase: Five percent( I%)
Construction-Phase: Tyen_ly percent( 20%)
Total Basic Compensation one hundred percent(100 1/o)
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:
Principal 95/hour
Associate' 90/hour -
Senior Architect_ 801hour
Project Manager_$65/hour
Architect 55/hour
Job Captain 50/hour
Drafter II 40/hour
Drafter I$35/hour
Administrative $32.50/hour
11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than (1) Additional
Project.Representation, as described-in Paragraph 3.2, and (2) services included in Article 12 as part of Basic Services, but
excluding services of consultants, compensation shall be computed as follows:
(Insert basis of compensation,-including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify
employees,ifrequired. Identify specific services to which particular methods of compensation apply,if necessary)
AIA DOCUMENT 8141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: CONTRACT.DOC -- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#11
I
11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical
engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as art of Additional Services, a
>� g P P
multiple of One and One Tenth ( 1_1 )times the amounts billed to the Architect for such services.
(Identify specific types ofconsultants in Article 12,ifrequired.)
11.4 REIMBURSABLE EXPENSES
11.4.1 FOR RERABURSABLE EXPENSES, as described in Paragraph 10.2, and any other items included in Article .12 as
Reimbursable Expenses, a multiple of One and One Tenth ( 1_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 1F THE BASIC SERVICES covered by this Agreement have not been completed within Twenty Four( 24) 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 Forty Five
( 45 )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 ofinterest agreed upon)
(Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and
Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained
with respect to deletions or modifications,and also regarding requirements such as written disclosures or waivers.)
11.5:3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary
review practices of the Architect.
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.)
Add the following:
12.1 Amend'9.1 to:_ "This agreement shall be subject to and governed by the laws of the State of Illinois._ Venue for the
enforcement of this agreement shall be in the Circuit Court of Kane County, Illinois."
12.2. Add the following:_ "At the completion of the Design Development Phase, the fee for the remaining services may, at the
Owner's option, be converted to a lump sum amount based upon the latest Statement of Probable Construction Cost times 9.75%.
This excludes reimbursable expenses, additional services, or changes to the scope of work due to Owner initiated changes to the
Project scope or other changes outside the control of the Architect."
12.3.—Add to 10.5.1: "Payments may be withheld pursuant to the provisions of the Mechanic's Lien laws of the State of Illinois."
12.4.—Add a Section 9.10.:_ "The terms of this agreement shall be severable, In the event any of the terms or provisions of this
agreement are deemed to-be void or otherwise unenforceable for nY reason, the remainder of this agreement shall remain in full
force and effect.
12.5.—Add 10.2.1.7.:_"The maximum reimbursement allowable for all items in this Article shall be $5,000.00 based upon the
reasonable requirements of said items by the Owner. The amount shall be increased only by written authorization of the Owner."
12.6. Revise 6.1 as follows:
6.1 Ownership
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: CONTRACT.DOC -- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#12
6.1.1 _ Upon full Payment of all sums due or anticipated to be due the Architect under this Agreement and upon
performance of all the Owner's obligations under this Agreement, the latest original Drawings and Specifications and the latest
electronic data prepared by the Architect for the Project shall become the property of the Owner. This conveyance shall not deprive
the Architect of the right to retain electronic data or other reproducible copies of the Drawings and Specifications or the right to
reuse information contained in them in the normal course of the Architect's professional activities. The Architect shall be deemed
the author of such electronic data or documents, shall retain all rights not % ciftcally conveyed, and shall be iven appropriate
credit in-any public display of such Drawings and Specifications Reuse without the Architect's professional involvement will be at
the Owner's sole risk and without liability to the Architect._ The Owner shall indemnify and hold harmless the Architect, the
Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses."
This Agreement entered into as of the day and year first written above.
OWNS ARCHITECT
(Signature) (Signature)
City of Elgin-a Municipal Corporation Dahl uist and Lutzow ttects Ltd.-an Illinois Co ration
(Printed name and title) (Printed name and title)
i
AIA DOCUMENT B141 -OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA-COPYRIGHT 1987 -THE AMERICAN INSTITUTE OF
ARCHITECTS, 1735 NEW YORK AVENUE N.W.,WASHINGTON,D.C.20006-5292.; Unlicensed photocopying violates U.S.copyright laws and is subject to legal
prosecution. This document was electronically produced with the permission of the AIA and can be reproduced without violation until the date of expiration as noted below.
Electronic Format B141-1987
User Document: CONTRACT.DOC-- 9/24/1997. AIA License Number 100941, which expires on 9/30/1997-- Page#13
Agenda Item No.
y
City of Elgin
October 1, 1997
TO: Mayor and Members of the City Council
FROM: Robert 0. Malm, Interim City Manager
SUBJECT : Architectural Services Contract with Dahlquist and
Lutzow for Elgin Public Museum Accessibility
Improvements
PURPOSE
The purpose of this memorandum is to present for consideration
a professional services contract with Dahlquist and Lutzow
Architect for design of accessibility and other improvements
to the city-owned building in Lords Park housing the Elgin
Public Museum.
BACKGROUND
• At the City- Council ' s August 27 early budget input session, a
decision was made to . provide $700, 000 for building
improvements to the Elgin Public Museum in Lord' s Park. The
improvements are to focus upon, within the allotted budget,
ADA compliance, building accessibility/ADA compliance, code
compliance, "finishing off" the front elevation profile, and
additional exhibit/program space .
The local architectural firm of Dahlquist and Lutzow has been
working with the Elgin Public Museum on their master plan and
design alternatives . After the August City Council decision,
Dahlquist and Lutzow was retained to begin the process by
performing a code compliance and ADA survey of the museum (a
$1, 500 contract for this initial phase appeared on the City
Council ' s September 25 authorization for payments list) .
The next step is for an architect' s agreement to be executed.
The project cost, based on the $700, 000 budget, is estimated
as follows :
Construction $625, 000
Architectural Fees
Professional Services 60, 937
(9 . 750 of est . cost)
Max. reimbursables 5, 000
• Other 9, 063
Total $700, 000
Elgin Public Museum Accessibility Improvements
October 1, 1997
Page 2
The architectural services contract includes design,
preparation of bid documents and specifications and
construction review to ensure conformance with the plans .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Elgin Public Museum.
i I )J FINANCIAL IMPACT
The City Council approved utilizing $70, 000 of unprogrammed
1997 Riverboat revenue to fund the initial design services,
with $630, 000 budgeted in 1998 for the
construction/renovation . Account number 275-0000-791 . 92-36,
Building Structures, project number 503300, Elgin Public
Museum, will be charged.
LEGAL IMPACT
None .
ALTERNATIVES
None .
RECOMMENDATION
It is recommended that the proposed architectural services
contract with Dahlquist an Lutzow for an amount not to exceed
$60, 937 plus a maximum of $5, 000 reimbursables be approved.
Respectfully submitted,
Raymond H. Moller
Director of City Properties
I���tiICC� 1 11 .x,2 �,�tl
Monica Meyers
Y
DD ec or of Parks and Recreation
RWert Malm
Interim City Manager
ROM/sm