Loading...
HomeMy WebLinkAbout98-136 Resolution No. 98-136 RESOLUTION ACCEPTING THE PROPOSAL OF BERNA ARCHITECT FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (28 North Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to accept the proposal on behalf of the City of Elgin of Berna Architect for architectural services under the Facade Improvement Program for the property located at 28 North Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: June 10, 1998 Adopted: June 10, 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement made and entered into this day of , 1998, by and between the CITY OF ELGIN, an i Illinois municipal corporation (hereinafter referred to as the "City" ) and GREG BERNA (hereinafter referred to as "Architect" ) . WITNESSETH WHEREAS, the City has agreed as part of its Facade Improvement Program to assist in improvements to the exterior of the facade of the building at 28 N. Grove Avenue, Elgin, Illinois; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior facade of the building at 28 N. Grove Avenue to include painting, tuckpointing and brick cleaning all as set forth in the Standard Form of Agreement Between Owner and Architect attached hereto as Exhibit 1 . NOW, THEREFORE, for and in consideration of the mutual agreements set forth herein and in the attached Standard Form of Agreement Between Owner and Architect attached hereto as Exhibit 1, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That the Architect is hereby retained by the City of Elgin to perform architectural services consisting of improvements to the exterior facades of the building at 28 N. Grove Avenue to include painting, tuckpointing and brick cleaning. The terms and scope of work for the architect services shall be as set forth in Exhibit 1 attached hereto. Compensation for the Architect' s services shall be the total amount not to exceed $3,675 . 3 . That Article 7 as set forth in the attached Exhibit 1 entitled "Arbitration" is hereby deleted in its entirety. 4 . That in the event of a conflict between this form agreement and Exhibit 1 attached hereto the terms of this form agreement shall control . 5 . That this agreement constitutes the entire agreement between the parties hereto and may not be amended without the express written agreement executed by the parties hereto. IN WITNESS WHEREOF the parties have executed and entered into this agreement on the date and year first written above. CITY OF ELGIN GREG BERNA, ARCHITECT By Ci nager Attest: City Clerk T H E A M E R I C AN I N S T I T U T E O F A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect fNp _N 7 N S H 1987 EDITION a - _ mod THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION I '!TH o 0 0 ANA TTORNEY IS ENCOURAGED WITH RESPECT TO ITS C0,11PLETIO:\' OR AIODIFICATlON. N y C �aM n 60 N I m Z AGREEMENT 6=o a- 0 E. made as of the day of in the year of W „3 0 CL Nineteen Hundred and O N 5 :36 BETWEEN the Owner: The City of Elgin, Illinois, a municipal corporation 0 3 (,Vance(Ind mddrecs) (hereafter referred to as "OWNER") , 150 Dexter Court, H y Elgin, Illinois 60120. D3c 3'a y. O.N j C a_. »o � and the Architect: 0 1 Greg Berna, Architect, an Illinois corporation (hereafter P % „ (:Vm»,e and address) referred to as "ARCHITECT"), 221 DuPage St., Elgin, °v Illinois 60120. �a M N m 2 � v For the following Project: 28 North Grove Avenue 0 Q n 0 00 (111clude delmiled descriplioll of Project, location, address curd scope.) -O x The project involves improvements to the exterior facades of the building at 28 N. Grove Avenue. In general, areas of attention are to include painting, 7N tuck pointing, brick cleaning. oo ID O �d 6 n �P The Owner and Architect agree as set forth below. Copyright 1917,1926,1948, 1951,1953, 1958, 1961, 1963, 1966,1967,1970, 1974, 1977,©198'by The American Institute of Architects, 1735 New York Avenue, NAV., u"ashington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United states and will be subject to legal prosecution. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION•AIA' • ©198' B141-1987 1 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORE:AVENUE,NW,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. EXHIBIT 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget. the Architect shall prepare, for approval by the Owner, Design Development Documents ARCHITECT'S RESPONSIBILITIES consisting of dLn ings and other documents to fix and describe the size and character of the Project as to architectural, struc- 1.1 ARCHITECT'S SERVICES ttiral, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The 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 The Architect's services shall be performed ,is expedi- 2,4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the\X'ork. Upon request of the Owner,the 2.4.1 Based on the approved Design Development lily o Architect shall submit for the Owner's approval a schedule for meats and any further adjustments in the scope or quality of rn the performance of the Architect's services which may be the Project or in the construction budget authorized by the ; s N adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, (D m for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifics g c a approval of submissions by authorities having jurisdiction over bons setting forth in detail the requirements for the construe 2 P a the Project. Time limits established by this schedule approved tiun of the Project. 0 0 0 by the Owner shall not,except for reasonable cause,be exceeded 2.4.2 The Architect shall assist the Owner in the preparation of ui m c by the Architect or Owner. the necessary bidding information, bidding forms, the Condi- ,�, o :-� 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the o y the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. �.H zo 2.4.3 The Architect shall advise the Owner of any adjustments o c-- ARTICLE 2 to previous preliminary estimates of Construction Cost indi- d m o cared by changes in requirement;or general market conditions. 7 A SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Architect shall assist the Owner in connection with on > g 2.1 DEFINITION the Owner's responsibility for tiling documents required for m 0 3 the approval of governmental authorities having jurisdiction N 2.1.1 The Architect's Basic Services consist of those described a over the Project. in Paragraphs 2.2 through 2.6 and any other services identified 3 c in Article 12 as part of Basic Services,and include normal strut- 3 °-H. o - o tural, mechanical and electrical engineering services, 2.5 BIDDING OR NE .GOTIATION PHASE c a 2. 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the o° Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program fiurnished by the of Construction Cost, shall assist the Owner in obtaining bids s� Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing s arrive at a mutual understanding of such requirements with the contracts for construction. � N Owner. U) m 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION a the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT o co 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 g for the Construction Phase under this Agreement commences v 2.2.3 The Architect shall review with the Owner alternative with the :nvard of the Contract for Construction and termi- 'o approaches to design and construction of the Project. Hates a[ the earlier of the issu:ulce to the Owner of the final z w Certificate for P:nvnicnt or 60 ciays after the date of Substan- °-, 0 2.2.4 Based on the mutually agreed-upon program, schedule tial Completion of the Vork. o and construction budget requirements, the Architect shall Con- prepare, for approval by the Owner, schematic Design Docu- 2.6.2 The Architect shall provide administration of the ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement, unless 2.2.5 The Architect shall submit to the Owner a preliminary otherwise provided in this Agreement. estimate of Construction Cost based on current area,volume or other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the Architect shall not be restricted, modified or extended without 2.3 DESIGN DEVELOPMENT PHASE written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 • OVt'NER-ARCItTECr AGREEMENT• FOURTEENTH EDITION •AIA° • ©I987 B141-1987 2 THE AMERICAN INS I'lJVTF;OF ARCHITECTS,173 NEV PORK AVENUE,N.V.,ACASHING'i ON,D.C.2oo06 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work,(2) reviewed construction means, meth- and consult with the Owner(1)during construction until final ods, techniques,sequences or procedures,(3)reviewed copies p:lynlent to the Contractor is due,and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction front time to time during the cor- pliers and other data requested by the Owner to substantiate action period described in the Contract for Construction.The the Contractor's right to pa}men[or(t)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. nuxtified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2 2.6.5 The Architect shall visit the site a intervals appropriate does not conform to the Contract Documents. Whenever the c to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implement. ° Owner and Architect in writing to hecome generally farniliar tion of the intent of the Contract Documents,the Architect will c 'J with the progress and quali[v of the Work completed and to hate authority to require additional inspection or testing of the 0-0 determine in general if the\\,Of is being performed in a matt- Work in accordance with the provisions of the Contract Docu 3 ner indicating that the Work when completed will be in actor- nlents, w•hethcr or not such Work is fabricated, installed or adance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor o.T shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to cxer- 0 o inspections to check the quill[}' or quantity of the \k'ork. On rise such authority shall give rise to a duty or responsibility of a ° the basis of on site observations as an architect, the Architect the Architect to the Contractor, Subcontractors, material and c shall keep the Owner informed of ill:e progress and qualit} of equipment suppliers, their agents or employees or other per- _ V) the Work, and shall endeavor to guard the Owner against sons performing portions of the Work. " W defects and deficiencies in the Work. (.110,2 c -tellsil e site 2 2,6.12 The Architect shall review and approve or take other nynrseuteltion nrcry be crt;,eed to as all,Idditionrrl 5en'ice. (is r12sc,ib2r1 in P�nrrg,rrplr;.?.) appropriate action upon Contractor's submittals such as Shop 2 CL Drawings, Product Data and Samples, but only for the limited L " 0 2.6.6 The Architect shrill not have control over or charge of purpose of checking fin-conformance with information given e ° and shall not be responsible for construction means,method>, and the design concept expressed in the Contract Docunlcnts. -a The Architect's action shall be taken with such reasonable e v'0 techniques,sequences or procedures.or for safe[}'precautions 0- o promptness as to cause nO clClav in the Work or in the con- y a a and programs in connection with the Work, since these are } P E ° struction of the Owner or of separate contractors,while allow•- - solely the Contractor's responsibility under the Contract for e .a Ing sufficient time in the Architects professional judgment to C N Construction. The Architect shall not be responsible for the ° y Contractor's schedules or f iihire to can-v-out the Work in actor permit adequate review. Rewicvw of such suhmittais is not COn °° dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and Cunt 0 � o h:n e control Ov cr or charge of acts ur omissions of the ContraC pletcness of other details such as dinlcnsions and quantities Or O1 o tor, Subcontractors, or their agents or employees, or of aliv- for substantiating instructions for installation or performance of o °. equipment or systems designed b}•the Contractor,:111 of which E v ° other persons performing portions of the Work. E remain in the responsibility of the Contactor to the extent ~y-° 2.6.7 The Architect shall at all times have acccss to the \Work required hw the Contact Durununts. 1 he Architect's review Q y C z C wherever it is in preparation or progress. uh:ll not constitute approval ai Of safer} precautions 0r, unless " °-° Otherwise specific;llIv stated by the Architect, of construction v o v 2.6.8 Except as may otherwise be provided in [he Contract means, methods, techniques, scyucnces or procedures. The E Cute Documents or when direct communications have been spe Architect's approval of a specific item shall not indicte 0 0 o C{ally authorized,the Oa ner and Contractor shall Contltllulic-.ite approval of an assembly Of which the item is a component. .0 Through the Architect.C0111111UIliCalk)n by and with the Archi- When professional certification of performance Characteristics Co tea's consultants shall be through the Architect. of materials,s}:stems or equipment is required I)v the Contract a.- N C a C DOCUIIIC•Il[S, the Architect shall be entitled to rely upon such Z;w r 2.6.9 Based on the Architect's 0bscrvations and cw:duatiorls Of certification to establish that the materials, systems Or equip- s N the Contractor's Applications for Pa}men[, the Architect shall meat will meet the pet forril:nue criteria required b}• the Con- m revicW and certify the amounts due the Conn-actor. tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2.6.13 The Architect shrill prep:ire Change Orders and Con- lute a representation to the Owner. based on the Architects strticti011 Change Directives, with supporting documenrrtion observations at the site as pro\idcd in Subpanigrilpll 2.0.;:and and data if deemed necessary by the Architect its provided in on the data Comprising the COntr,lctor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and men[, that, to the best of the Architect's knowledge• intin-111:1- execution ill accordance with the (:011tl':ICt Docunlcnts, and lion and belief,the\Cixk hats progressed to the point indicated may authorize minor changes in [he \C'ork not involving an and the quality of Vork is in accordance with the Contract adiusuncnt in the Contact Sum or:ul extension of the Conn'ait Documents. The forcgoing representations are subject to :ut Time which arc not inconsistent with the intent of the Contract cv:du:tiOn of the Work for conform:ulc•e with the Contract Documents. Dlrctmeltls upon Sllb"LllltCll (:UInp1Clion, to results of subsc- quent tests:Intl inspections,to minor ctcviations from the Con- 2.6.14 The Architect sh:111 Conduct inspci bores to deternlinr tract DOC•Llll)CIltS Correctable prior to completion and to spe- the date or does of.Substantial COnlplcti0n and tilt:die Of final Cific qualifications expressed by the Architect.'Pitt iSSLIMICC of a Contplction, shall receive :Ind for and ur the Oyvncr fir the Certificate for pavnlcnt shall further constitute a representation Owner's review and records written w:uT:mtics and related that the Contractor is entitled to pan mcnt in the:utlou11t ccrii- documents required b}• the (:011traCt Documents and asscm- ficd. I Io\vCCCr, the issuance of a Certificate for Ilawntcnt shall bled by the Contractor,and shall issue a final Ccrlificalc for Pav- not be a represcntati0n that the Architect has(1)nick exhaus- ntcnt upon Compliance with the requircmcnts Of the COrlti.lel i live or Continuous on-sitC inspections to Check the quality Or Documents. AIA DOCUMENT 8141 •O\X'NER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA° • OI9)s7 3 B141-1957 THE AMERICAN INSTITI'-I E OF ARCHITECTS,1735 NEW PORK AVENUE,N.W.,WASHINGTON,D.C.2Uoo6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- cerning performance of the Owner and Contractor under the tativcs, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to fiat the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions Of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, specifications or other drawings. When making such interpretations and initial deci- dOCUillell[S When such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previoush to either,and shall not be liable for results of interpretations or given b by y the owner,including revisions made neces- decisiuns so rendered in good faith. nary adjustments in th w e Owner's program or Proj- ect budget; 2.6.17 The Architect's decisions on matters relating to aesthe- ,2 rec aired b the enactment or revision of codes,lays tic effect shall be final if consistent Nvith the intent expressed in or Iregulations subsequent to the preparation of such the Contract Documents. documents; or 2.6.18 Tile Architect shall render written decisions within a reasonable time on all claims,disputes or other matters in ques 3 due to changes required as a result of the Owner's fail m tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. n c tion or progress of the Work as provided in the Contract 3.3.2 Providing services required because of significant a Documents. changes in the Project including, but not limited to,size,yual a a 2.6.19 The Architect's decisions on claims, disputes or other its, complexity, the Owner's schedule, or the method of bid- 0 c matters, including those in question between the Owner and ding or negotiating and contracting for construction,except for s M 3 ro Contractor, except for those relating to aesthetic effect as pro- services required under Subparagraph 5.2.5. 2°a sided in Subparagraph 2.6.17,shall he subject to arbitration as 0 m provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings, Specifications and other dOCUmen- ° � Z tation and supporting data, evaluating Contractor's proposals, o O-4 and providing other services in connection with Change C 3 Orders and Construction Change Directives. =m o ARTICLE 3 =9 S ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- O 2 S [utOI1S proposed by the Contractor and making subsequent s 0 3 revisions to Drawings,specifications and other documentation H d 3.1 GENERAL resulting therefrom. CL n 3.1.1 The services described in this Article 3 .ire not included 3.3.5 Providing consultation concerning replacement of Work 3 c �y. in Basic Services unless so identified in Article 12,and they shall d.unaged by fire or other cause during construction, and fur- a T be paid for by the Owner as provided in this Agreement, in nishing services required in connection with the replacement C a addition to the compensation for Basic Services. The services ° Of such \\'ork. described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the O)Vner. If services 3.3.6 Proyicting scn-iccs made necessary by the default of the v a described under Contingent Additional Services in Paragraph Contractor,by mayor defects or deficiencies in the Work of the o i are required due u> circumsrnnces beyond the Architect's Contractor,or by failure of performance of either the Owner or =CD control, the Architect shall notif}' the O,,yner prior to corn- Contractor under the Contract for Construction. m H mencing such services. If the Owner deems that such services 3.3.7 Yro -iding services in evaluating an extensive number of m W described under Paragraph 3.3 are not required, the O�tiner shall give prompt written notice w the Architect. If the Owner Claims Submitted b� the Contractor or others in connection 0 0 g with the Work. 0 indicates in writing that all or part of such Contin ent Addi- 0 0 tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing. ;;.v gation to provide those services. arbitration proceeding or legal proceeding except where the a 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. =N SERVICES 3.3.9 Preparing documents for alternate,separate or sequential m - bids or providing services in connection with bidding.negotia- 0 - 3.2.1 if more extensive representation at the site than is tion or construction prior to the completion of the Construe described in Subparagraph 2.6.5 is required,the Architect shall tion Documents Phase. -0 provide one or more Project Representatives to assist in carry- - ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives Shall be selected,employed and 3.4.1 Providing analyses of the Owner's needs and program- directcd by the Architect, and the Architect shall be compen- ming the requirements Of the Project. sated therefor as agreed by the O�yner and Architect. The duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in ttie edition of AIA Document 13352 current as of the date of this Agreement,unless 3.4.3 Pro yicting planning surveys, site evaluations or com otherwise agreed. parative studies Of prospective sites. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIAS • ©198- 8141-1987 4 1'HF.AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.2oo06 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. deuce that financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to CL 3.4.7 Providing services to verify the accuracy of drawings or act on the Owner's behalf with respect to the Project. The n other information urnished by the Owner. Owner or such authorized representative shall render decisions a in a timely manner pertaining to documents submitted by the d 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly o separate contractors or by the Owner's own forces and coordi- ; and sequential progress of the Architect's services. 3 nation of services required in connection with construction a.� performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site o T 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 oo strtuction manager or separate consultants retained b}' the surreys and legal information shall include, as applicable, 0 o Owner. grades and lines of streets, alleys, pavements and adjoining _ N 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, y restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of Lions, boundaries and contours of the site; locations, dimen- Lmaterial, equipment and labor. sions and necessary data pertaining to existing buildings,other °= I ° 3.4.12 Providing analyses of owning and operating costs. improvements and trees;and information concerning available L ; c utility services and lines, both public and private, above :uui `o 3.4.13 Providing interior design and other similar services below grade, including inverts and depths.All the information c v' required for or in connection with the selection,procurement on the survey shall be referenced to a Project benchmark. g. o a or installation of furniture, furnishings and related equipment. E 0 4.6 The Owner shall furnish the services of geotcchnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- sec ices may include but are not limited to test borings, test o E — ment, or valuations and detailed appraisals of existing facilities. pits, determinations of soil bearing values, percolation tests, o C C evaluations of hazardous materials,ground corrosion and resis- m o v o,C 3.4.16 Preparing a set of reproducible record drawings show- tivity tests,including necessary operations for anticipating Bub- o m'° ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional E hased on marked-up prints,drat ings and other data furnished recommendations. C by the Contractor to the Architect. O Z; 4.6.1 The Owner shall furnish the services of other consul- Z C [ants when sorb services are reasonably required by the scope y 0.2_2 3.4.17 Providing assistance in the utilization of equipment or o d systems such as testing,adjusting and balancing,preparation of of the Project and are requested b}' the Architect. E C w operation and maintenance manuals, training personnel for 4.7 The Owner shall furnish structural, mechanical, chemical, 0 0 0 c operation and maintenance,and consultation during operation. ':63 air and water pollution tests, tests for hazardous materials,and v 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and o y final Certificate for Payment, or in the absence of a final Cer- reports required by law or the Contract Documents. c titicate for Payment, more than 60 days after the date of Sub- s -c stantial Completion of the NVork. 4.8 The Owner shall furnish all legal,accounting:uui insurance en 3.4.19 Providing services of consultants for other than archi• counseling services :uS may be necessary at :ut} time for the tccturd, structural, mechanical and electrical engineering por Project, including auditing services the Owner may require to verify the Contractor's Applications for Pa mc•nt or to ascertain 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 4 with generally accepted architrrnurtl practice. .9 The services,information,sur•e}s and reports required by w Paragraphs 4.5 through 4.8 shall he 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 Nwrittell notice shall be given b} the Owner to the Architect if the Owner becomes:mare of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 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 he set forth the Owncr's objectives,schedule,constraints and cri- submitted to the Architect for review and approval at least 14 tcria, including space i'Cquirements and relationships, tlexi- days prior to execution. The Owner shall not request CC[tilira- hility, expandabiliq, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this.Agreement. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOt'RTEENTII EDITION•AIA" • ©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK Aw ENUE.N W.,WASHINGTON.D.C.200w, WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 required to reduce the Construction Cost. 5.1 DEFINITION 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, 5.1.1 The Construction Cost shall be the total cost or esti- the Architect,without additional charge,shall modify the Con- mated cost to the Owner of all elements of the Project designed tract Documents as necessar to comply with the fixed limit,if or specified by the Architect. established as a condition of this Agreement.The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ante for contingencies shall be included for market conditions at the time of bidding and for changes in the Vi'ork during ARTICLE 6 construction. 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 N 7 N rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre m a m pared by the Architect for this Project are instruments of the , n 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Architect's service for use solely with respect to this Project 'e� n 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed 5*a a estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, 5 N 0 struction Cost, if any,prepared by the Architect, represent the statutory and other reserved rights, including the copyright. 7 0 Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- ?— the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and 7 0 0 ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection c c m labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding,market [ect's Drawings,ings,Specifications or other documents shall not be 2093 or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to a and does not warrant or represen:that bids or negotiated prices this Project or for completion of this Project by others,unless > >o 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- m ?w to by the Architect. sation to the Architect. CL 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official m 3 c as a condition of this Agreement by the furnishing,proposal or regulator} requirements or for similar purposes in connection o °•o establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- o m�. 0 been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. o I g such a fixed limit has been established, the Architect shall be X n permitted to include contingencies for design, bidding and 6.0 price escalation,to determine what materials,equipment,com- ponent systems and types of construction are to be included in ARTICLE 7 the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ARBITRATION a ments alternate bids to adjust the Construction Cost to the fixed E;c limit.Fixed limits,if any,shall be increased in the amount of an 7.1 Claims,disputes or other matters in question between the v F increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agree- o Contract for Construction. ment or breach thereof shall be subject to and decided by arbi- o 5.2.3 If the Bidding or Negotiation Phase has not commenced trttion in accordance with the Construction Industry Arbitra- Uo within f t days after the Architect submits the Construction tion Rules of the American Arbitration Association currently in o m Documents to the Owner,any Project budget or fixed limit of effect unless the parties mutually agree otherwise. 0� o :3 Construction Cost shall be adjusted to reflect changes in the 7.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the ether part} to this Agreement and with the American Arbitra- 'o date of submission of the Construction Documents to the tion Association.A demand for arbitration shall be made within E� 0 Owner and the date on which proposals are sought. a reasonable time after the claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In no event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question would be barred by the applicable statutes of limitations. limit; 7.3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an additional person or entity not a party to this Agreement, AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIAT • ©1987 B141-1987 6 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the OR ner,Architect,and any other Additional Services earned to date if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase; or involving an additional person or entity shall not constitute .3 Five percent of the total compensation for Basic and consent to arbitration of any claim, dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entitv not named or described therein.The foregoing agree- ment to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to ARTICLE 9 this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 9 `8 7.4 The, and rendered b} the arbitrator or arbitrators shall be 9.1 Unless otherwise provided, this Agreement shall be gov o v final,and judgment may be entered upon it in accordance vtith o erned by the law Of the principal place of business of the N r applicable law in any court hating jurisdiction thereof. r, 3 Architect. B c L 9.2 Terms in this Agreement shall hare the same meaning as Z , those in AIA Document A201, General Conditions of the Con- 0 o ARTICLE 8 tract for Construction,current is Of the(Late of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9,3 Causes of action between the parties to this Agreement C:2 N 8.1 This Agreement may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have o.2 not less than seven days' written notice should the other party mented and the later statutes (l limitations shall cony — mence to run not later than either the tae of Substantial Cont- o.� L+il substantially to perform in accordance with the terms of this pletion for acts or failures to act Occurring prior to Substantial e a Agreement through no fault of the party initiating the termination. X Completion, or the (fate of issuance of the final Certificate for 2 8.2 If the Project is suspended by the O%tner for more than 30 Payment for acts or failures to act Occurring after Substantial c�°6 consecutive days, the Architect shall be compensated for set- Completion. o°i o vices performed prior to notice of such suspension. \\'hen the 9.4 The ONtner and Architect �taite all rights against each E Project is resumed, the Archirect's compensation shall be equi other and against the contractors, consultants, agents and tably adjusted to provide for expenses incurred in the intcrrup C, Lion and resumption of the Architect's services. employees of the Other for damages,but only to the extent a» e eyed by property insurance during construction, except such ° 8 3 This Agreement may be terminated by the Owner upon rights as they may have to the proceeds Of such insu+:utce as set —° o not less than seven clays' written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions -c event that the Project is perntanentl}'abandoned. If the Project of the Contract for Construction,current as of the state of this E .m is abandoned by the Owner for more than 90 consecutive days, Agreement.'file Owncr ancf Architect each shall require similar m S the Architect may terminate this Agreement by giving written waiters from their contractors, consultants and agents. o N c� notice. 9.5 The Owner and Architect, respectively, hind themseltrs, Z ou—2 8.4 Failure of the Owner to make payments to the Architect i I their partners, successors, assigns and legal representatives S- a o v accorclance with this Agreement shall be considered Substantial the other party to this Agreement :utd to the partners,succcs E `in nonperformance and cause for termination. sors,assigns and legal representatives of such other party with 0 0 C { respect to all covenants of this Agreement. Neither Ovvncr nor v v o 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign this Agreement without the written con- a 2 tcct for services and expenses, the Architect may, upon Seven sent of the other. days'written notice to the ONtncr,suspend performance Of scr- y°w r tires under this Agreement. Unless payment in Rill is received 9.6 This Agreement represents the entire and integrated agree- w c h} the Architect within seven daps of the date of the notice,the merit between the Owner and Architect and supersedes all IE Con suspension shall take effect\tithout further notice.In the event prior negotiations, representations or agreements, either xtrit- of a suspension of Services, the Architect shall hate nO liability ten or oral. 'This Agreement mate be;uttcndcd only by Written to the Ottner for delay or dii mage caused the Owner bec:urse instrut»cnt signed by both Owner and :Architect. of such suspension of services. 9.7 Nothing contained in this Agrccntent shall create a contrac- 8.6 in the event of termination not the fault of the Architect. turd relationship with or a cause Of action in favor of a third the architect shall be contpcnsatecl for Services performed prior party against either the Owner or Architect. to termination,together Stith Reimbursable Expenses then due 9.8 Unless othern ise provided in this:lgrccment,the Architect :ind all Termination Expenses as defined in Paragraph 4.7. and Architect's consultants shall hate no responsibility for the 8.7 Termination Expenses are in addition to contpenstltion firr discover',presence,handling, rcntcrva or disposal of or cxpo- BSIsic and Additional Scrt ices. :uui include cxpcnses\thick arc sure of persons to hazardous materials in any form at the Project directly attributable to tcrntin:tion.Termination Expenses shall site, including but not limited to 3Sbcstos, :tshcstos products, he computed as a percentage of the total compensation for polychlorinated biphenyl(PCB)or other toxic suhsrutces. B;tsic Services and Additional services canted to the time of ter urination, as follows: 9.9 The architect shall hate the right to include re•presenrr lions of the design of the Project,including photographs of the .1 Twenty percent of the toed compensation for Basic exterior and interior, :uTlong the architect's promotional and ancf Adcfitiunai See ices carnet to cLtte if termination professional materials. The Architect's materials shall not occurs before or during the predcsign,site analtsis,or include the O\\ner's conficirntial or proprietary information if Schematic Design Ph:lses; or the Owner has previously advised the Architect in writing of AIA DOCUMENT 8141 •OWNER-ARCHiTECT AGREEMENT• FOURTEENTH EDITION•AIAO •©1987 7 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW PORK AVENUE,N.W.,WASHINGTON,D.C..0006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional 10.3.1 An initial payment as set forth in Paragraph 11.1 is the credit for the Architect on the construction sign and in the pro- minimum payment under this Agreement. motional materials for the Project. 10.3.2 Subsequent payments for B:LSIC Services shall be made monthly and, where applicable, shall be in proportion to ser- vices performed within each phase of service,on the basis set ARTICLE 10 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 scr- 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- 10.3.4 When compensation is based on a percentage of Con- tributions and benefits related thereto, such as employment strtuction Cost and any portions of the Project are deleted or taxes and other statutory employee benefits, insurance, sick otherwise not constructed,compensation for those portions of leave, holidays, Vacations, pensions and similar contributions the Project shall be payable to the extent services are per- and benefits. formed on those portions,in accordance with the schedule set forth in Subparagraph 11.2.2,based on(1)the lowest bona fide m 10.2 REIMBURSABLE EXPENSES bid or negotiated proposal,or(2)if no such bid or proposal is Er=r m received, the most recent preliminary estimate of Construction m a 10.2.1 Reimbursable Expenses are in addition to compenst[ Cost or detailed estimate of Construction Cost for such por- H a m [ion for Basic and Additional Services and include expenses [ions of the Project. c? a incurred by the Architect and Architect's employees and con- °.a o. sul[ants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL vl y 0 ing Clauses. SERVICES = A 10.2.1.1 Expense of transportation in cot with the 10,4.1 Payments on account of the Architect's Additional 6 o H Project; expenses in connection With authorized out-of-town Services and for Reimbursable Expenses shall be made monthly °N z travel; long-distance communications; and fees paid for recur- upon presentation of the Architect's statement of services tell- o=O ing approval of authorities having jurisdiction over the Project. tiered or expenses incurred. C 3 0 ID c.d o 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD n- a Drawings, Specifications and other documents. 10.5.1 No deductions shall be made from the Architect's cony o 0 3 10.2.1.3 If authorized in advance by the Owner, expense of pensation on account of penalty, liquidated damages or other (3D a_ overtime work requiring higher than regular rates. sums withheld from payments to contractors,or on account of m y 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than[hose for which the 0-`. Architect has been found to be liable. ��_H by the Owner. amp C a 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS°o including professional liability insurance, requested by the ° , 10.6.1 Records of Reimbursable Expenses and expenses per- 5 x A Owner in excess of that normally carried by the Architect and twining to Additional Services and services performed on the v_ Architect's consultants. 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 m equipment time when used in connection with the Project. mutually convenient times. N Z N n 7 o a Cr 0 o 0 0 ARTICLE 11 o BASIS OF COMPENSATION 53 :Em The Owner shall compensate the Architect as follows: o c 11.1 AN INITIAL PAYMENT of N/A Dollars(S ) o d shall be made upon execution of this Agreement and credited to the Owner's account at final payment. v �v v = 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 c'omprnsution, including stipulated sums, multiples or percentages, and identijT phases m u bicb particular metbotts of compensation apph', it necessm-1.) A fixed fee of $3,675.00 as outlined in Article 11.2.2 AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA" • ©1987 8141-1987 8 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (lasert additional phases as appropriate.) Schematic Design Phase: ten percent(10%) 367.50 C Design Development Phase: (including field work) thirty percent(30%) 1102.50 U ° Construction Documents Phase: fifty percent(50%) 1837.50 a. o Bidding or Negotiation Phase: ten percent(10%) 367.50 0 o Construction Phase: percent( %) 3675.00 o 'total Basic Compensation: one hundred percent(100%) a` o 11.3 COMPENSATION FOR ADDITIONAL SERVICES 00 U 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES,as described in Paragraph 3.2,compensation shall be com _° puted as follows: N0 $55.00 per hour .0 U U L'U U - Q a x . O C O U O� O y a O. � Ev c T 11.3.2 FOR ADDITIONAL SERVICES OF TIfE ARCHITECT.as described in Articles 3 and 12, other than(1)Additional Project c vRepresentation, as described in Paragraph 3.3, and(_')services ices included I -s: in Article 12 as part of Basic Services, but exc uc mg E o services of consult ants. compensation shall be computed a- follows: C2 cc theaert basis of compenS,m(al. ineRrdin�rates aud.4,r nudtiples r,jOovct 11 r>,nozel li.\pense fur llrhtctpah• and rr,7plorres.and ideoti/j Principals uud massifs' O . o em/!/ot'eec, if required. Idenolr sprcijIC sOThes to zrbicb par'tiealnr-nrrthr•ds uj iunrpensatiurt appltt r'j"nemssarr.) Additional services to be performed by ARCHITECT shall not be performed without C_ prior written approval by OWNER under such terms and conditions as may be agreed Z C 120 o by the parties hereto. U C O d E c vLi UN (U C: O O O �� U M O- 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering N w t services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of N L;, ( )times the amounts billed to the Architect for such services. L N d ~^N (lrlentif,spectfie(1'pes of consultants in Article l2, if requir',J) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES, is described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of ( )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 )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?. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty ( 30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) (I'sur)•laws and requirements zoul girth efederalTruthOt/.endUtz;Att,sinilea state�cand local onstteetic'slerrir s ,�tpith errogrdrtdriS(it thull7bcruBtaand aIn- tea's principal places of busire.;s,the location(I the Prof(tit(nnl ela u.d + 9f rupees to deletions or modifications,and also regarding re(luireme+us stab ac written disclosures or traivers.) AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AiA* • ©1987 9 B141-1987 THE AMERICAN INSTITUTE OF.ARCHITECTS,1735 NEW PORK AVENUE,NW.,WASHINGI.ON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 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 terns Included in this Agreement.) This agreement may be terminated in the sole discretion of OWNER after the schematic phase or design phase as provided herein has been completed upon seven days written notice. ARTICLE 13 N 1D 7 N THE TERMS OF THIS AGREEMENT SHALL BE SEVERABLE. IN THE EVENT ANY OF THE 'Inn! TERMS OR PROVISIONS OF THIS AGREEM ENT SHALL BE DEEMED TO BE VOID OR OTHERWISE ^od UNENFORCEABLE FOR ANY REASON, THE REMAINDER OF THIS AGREEMENT SHALL REMAIN 0a a IN FULL FORCE AND EFFECT. t,O r- 7 3 o ARTICLE 14 s 0 H , � z THIS AGREEMENT SHALL NOT BE CONSTRUED TO AS CREATE A PARTNERSHIP, JOINT 6=-4 VENTURE, EMPLOYMENT OR OTHER AGENCY RELATIONSHIP BETWEEN THE PARTIES ado HERETO, EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED FOR HEREIN. 0 00 d > > o M03 WM =-< .n � 3 c �� N a W 7 C O._. n O O " 7 7 W M x D zr rr —9 F 2 7 N w2 fD d 7 g o. This Agreement entered into as of the day and year first written above. 0 0 � x o OWNER ARCHITECT m f � Uj0 ♦` O O N O . O d 7 pl (Signature) (Sigr:ahtre) d 0 �o Greg Berna (Printed name and title) (Printed name and title) ®1 I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA° • ©1987 8141-1987 10 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. GREG BERNA ' ARCHITECT 221 DuPage Street Elgin,Illinois 60120 (847) 697-0260 PROPOSAL May 4, 1998 Mr. Michael Sarro Purchasing Director City of Elgin 150 Dexter Court - - - - Elgin,IL. 60120 Dear Mr. Sarro: In response to your request for proposal,I am submitting the following proposal to provide architectural service for the Facade Improvement Program project at 28 North Grove Avenue. 1. Greg Berna will be involved in developing the plans, specifications, and construction visits. His resume is enclosed for your review. 2. The lump sum for these services: $3675.00 @$55.00 per hour for on site construction visits. 3. Additional Services: Not included are surveys soils and EPA testing, permits, printing and landscaping. 4. Qualifications: Services will be provided by a licensed and insured architect. A standard AIA contract will be completed to specify time frames, services and the city's approval schedule. This proposal is binding for 30 days. Submitted by: At'lp Greg ern�YAIA g GREG E. BERNA 221 Dupage Street Elgin, Illinois 60120 (847) 697-0260 WORK EXPERIENCE 6/94 - Present Berna Architect, Elgin, Illinois Responsibilities: • Overseeing structural, mechanical, civil and electrical consultants • Prepare legal documents for owner and contractors • Prepare construction documents • Project Architect and Construction Manager • Coordinate budgets, estimates and construction costs 4193 - 1/94 Swann, Weiskopf, Woo, Bednarowicz Architects Ltd., Chicago, IL Responsibilities: • Preparing construction documents • Coordinating structural, mechanical &electrical consultants • Overseeing drafting personnel • Analyzing building codes • Selecting products and materials • Developing schematic design. • Performing design development • Peeparing on site documentation 7/90 - 3/93 Ruck/Pate Architecture Ltd., Barrington, Illinois Responsibilities: • Analyzing site and environmental issues • Developing schematic designs • Preparing building cost studies • Preforming design development • Preparing construction documents • Researching specifications and materials • Tracking shop drawings • Developing presentation materials • Serving as on-site owner's representative for a complete remodeling project of eight schools 6/87 - 7/90 Berna Moving & Storage, Inc., Elgin, Illinois Responsibilities: • Supervising office and warehouse employees • Performing sales activities • Preparing bill of ladings and collected accounts receivables • Creating manpower reports • Coordinating ICC licenses and permits for all equipment • Serving as moving crew chief • Maintaining commercial truck driver's license 6/88 - 9/88 Burnidge and Cassell Architects, Elgin, Illinois Summer work: • Drafting, lettering, updating specifications, preparing presentation drawings and site plans Continued On Next Page GREG E. BERNA 2282 Knollwood Drive Elgin, Illinois 60123 (708) 377-4067 EDUCATION ' Continuing Education 2/25/93 Licensed Architect In The State Of Illinois Graduate School 8/87 - 12/89 Illinois Institute of Technology, Chicago, Illinois Masters Degree in Architecture, December, 1989 Courses in Structures, Construction, Energy Efficient Design, Design Studio, Building Systems and Graduate Thesis (Ski Lodge and Gondola Terminal) Achievements: AIA Graduate Scholastic Scholarship Graduated in top 5 percent of class 8/86 - 5/87 Washington University, St. Louis, Missouri Graduate School of Architecture Courses in Drawing, Design Studio, and Architectural History College 8/82 - 5/86 Beloit College, Beloit, Wisconsin B.S. Degree in Business Administration and Studio Arts (Ceramics) Achievements: Selected to attend European Study Program in London, England, 1985 High School 9/79 - 6/82 Larkin High School, Elgin, Illinois References Furnished Upon Request GREG BERNA Architect 221 DuPage Street ELGIN, IL. 60120 (847) 697-0260 ' September 26,1997 PAST TWO YEAR PROJECT LIST PROJECT ARCHITECT CONSTRUCTION COST 21 UNIT, APARTMENT REHAB. 5300 MICHIGAN AVE. CHICAGO: $945,000 24 UNIT, APARTMENT REHAB. 5858 MICHIGAN AVE. CHICAGO: $1,080,000 27 UNIT, APARTMENT REHAB. 535 MARTIN LUTER KING DR. CHICAGO: $1,2151000 289 UNIT, ONE ROOMING OCCUPANCY REHAB 6 NORTH HAMLIN CHICAGO: $15,000,000 PRIVATE SCHOOL REMODLING 6258 SOUTH LAKE SHORE DR CHOCAGO: $334,000 3DUPLEXS HAMPSHIRE, SOUTH ELGIN AND ELGIN: $700,000 6 SINGLE FAMILY HOMES ELGIN, ST. CHARLES, AND CARY: $900,000 FACADE IMPROVEMENTS AND REHAB. 221 DUPAGE ELGIN, IL. CENTER CITY: $160,000 GREG BERNA 221 DuPAGE STREET ELGIN, IL. 60120 (847) 697-0260 REFERENCES Burnidge and Cassell Architects 2425 Royal Bl. Elgin, 11. 60123 Phone (847) 695-5840 Charles Burnidge Principal Chuck Cassell Principal Dahl q uist and Lutzow Architects, Ltd. 462 N. McLean Blvd. Elgin, 11. 60123 Phone (847)742-4063 Bruce Dahlquist Principal Ruck/Pate Architecture 257 East Main St. Barrington, D. 60010 Phone (847) 381-2946 Fred Schuster Project Architect City of Elgin Agenda Item No. May 13 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Architectural Services for a Facade Improvement Project--28 North Grove Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement for architectural services for a Facade Improvement Program project at 28 North Grove Avenue (former Old Kent Bank building) . BACKGROUND Upon receipt of an application for Facade Improvement Program participation for the property at 28 North Grove, a Request for Proposal was sent to firms to request proposals to provide architectural services . Under the Facade Improvement Program, architectural services are paid by the City. Services include design, preparation of construction documents, assistance with bidding and construction oversight . The architect will work with staff and the property owner, Ron Heider, to develop the building design. It appears the scope of work will largely be building maintenance items . Further services provided will be contingent upon City Council approv- al of the project and a Facade Improvement Program Agreement being executed. Four firms responded to the Request For Proposal . A tabula- tion sheet of bids is attached. The firm demonstrating the desired expertise and submitting the lowest fee for services was Greg Berna, Berna Architect, Elgin, IL. A copy of the proposal submitted is provided. The architect is acquainted with the City' s Facade Improvement Program, having been the architect for a project at 221 DuPage Street . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Facade Improvement Program--28 North Grove Avenue May 13 , 1998 Page 2 FINANCIAL IMPACT The fixed fee for providing the architectural services associ- ated with a facade project at 28 North Grove Avenue is $3 , 675 . 00 . Sufficient funds for this expenditure are avail- able in account number 350-0000-795 . 78-99, Downtown Redevelop- ment Fund, Rehab Grants . LEGAL IMPACT None . ALTERNATIVES 1 . Approve the proposal by Berna Architect to provide architectural services for a facade improvement project at 28 North Grove Avenue . 2 . Reject the proposal by Berna Architect to provide architectural services for a facade improvement project at 28 North Grove Avenue. RECOMMENDATION It is recommended that the proposal by Berna Architect for architectural services, at a fixed rate fee of $3 , 675 . 00, be approved. Respectfully submitted, • C�C�F,iC��� GvycrA. Parker City Manager dkn/dkm TABLULATION OF BIDS CITY OF ELGIN Greg Berna Architect Dahlquist and Lutzow R R Brown& Raymond Architectural 221 DuPage Street Architects Ltd Associates Ltd Group,Incorp Invitation No:RFP#98-048 Elgin,IL 60120 462 N McLean Blvd 333 N Randall Road 321 North Clark St Date of Opening: 5/4/98 Elgin,IL 60123 Suite 23 Suite 1100 Department: New Century St Charles,IL 60174 Chicago, IL 60610 Partnership Item # Descri tion AMOUNT AMOUNT AMOUNT AMOUNT Architectural services for the Facade Improvement Program $3,675.00 $5,850.00 $18,775.00 10%-12%of the project for the former Old Kent estimated construction Bank Bldg located at cost.' 28 N Grove Avenue RFP requested a firm, fixed price.