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HomeMy WebLinkAbout02-103 Resolution No. 02-103 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH BERNA ARCHITECTS & DESIGN FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (65, 67-69 S . Grove Avenue and 60 S . Spring Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Olufemi Folarin, Interim City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Berna Architects & Design for architectural services under the Facade Improvement Program for the property located at 65, 67-69 S . Grove Avenue and 60 S . Spring Street, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: March 13 , 2002 Adopted: March 13 , 2002 Omnibus Vote : Yeas : 7 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement, made and entered into this day of r 2002, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and Berna Architects & Design (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 65 South Grove Avenue and 60 South Spring Street, Elgin, Illinois; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior facade of the building at 65 South Grove Avenue and 60 South Spring Street to include restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, canopy treatments and restoration of exterior architectural features, all as set forth in the Abbreviated Standard Form of Agreement Between Owner and Architect (Form B151-1997) attached hereto as Attachment A. NOW, THEREFORE, for and in consideration of the mutual agreements set forth herein and in the attached Abbreviated Standard Form of Agreement Between Owner and Architect (Form B151- 1997) , attached hereto as Attachment A, 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 65 South Grove Avenue and 60 South Spring Street to include restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting, canopy treatments and restoration of exterior architectural features. The terms and scope of work for the architect services shall be as set forth in Attachment A attached hereto. For services provided by the Architect pursuant to this Agreement the City shall pay the Architect the lump sum of $11, 000. 00, inclusive of all fees and expenses, regardless of actual time expended or actual costs incurred by the Architect . 1 3. That Article 9. 1 as set forth in the attached Attachment A is hereby amend to provide as follows: "This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputed or the enforcement of any rights pursuant to this Agreement shall be in the Circuit Court of Kane County, Illinois." 4 . That Articles 10 . 3. 1 and 11 . 1 as set forth in the attached Attachment A are hereby deleted in their entirety. 5. That in the event of a conflict between this form agreement and Attachment A attached hereto the terms of this form agreement shall control. 6. 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 By R, , Cit -Man er Berna Architects & Design Attest. City Clerk 2 1997 Edition - Electronic Format AIA Document B151 - 1997 Abbreviated Standard Form of Agreement Between Owner and Architect AGREEMENT made as of the day of in the year 2002 (In words,indicate day,month and year) THIS DOCUMENT HAS IMPORTANT LEGAL B E TW E E N the Architect's client identified as the Owner: CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT (Name,address and other information) TO ITS COMPLETION OR MODIFICATION. The City of Elgin a municipal corporation AUTHENTICATION OF THIS ELECTRONICALLY (hereinafter referred to as"OWNER") DRAFTED AIA DOCUMENT MAY BE MADE 150 Dexter Court BY U51NG AIA DOCUMENT D401. Elgin, IL 60120 and the Architect: (Name,address and other information) Berna Architects & Design, an Illinois professional corporation (hereinafter referred to as"ARCHITECT') 221 DuPage Street Elgin, IL 60120 For the following Project: (Include detailed description of Project) Improvements to the existing structures on the property at 65 S Grove Avenue and 60 South Spring Street. Improvement on the exterior fagade of the building including restoring the storefronts to their original configuration masonry cleaning tuckpointing window and door replacement exterior lighting, canopy treatments and restoration of exterior architectural features. The Owner and Architect agree as follows. ARTICLE 1 ARCHITECT'S RESPONSIBILITIES 1.1 The services performed by the Architect, Architect's employees and Architect's consultants shall be as enumerated in Articles 21 3 and 12. ti 19' . .2 The Architect's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project.The Architect shall submit for the Owner's approval a schedule for the performance of the Architect's services which may be adjusted as the Project proceeds. This schedule shall include allowances for periods of time 01997 AIA® required for the Owner's review and for approval of submissions by authorities having AIA DOCUMENT 8151-1997 jurisdiction over the Project. Time limits established by this schedule approved by the Owner ABBREVIATED OWNER-ARCHITECT shall not,except for reasonable cause,be exceeded by the Architect or Owner. AGREEMENT The American Institute of Architects 1.3 The Architect shall designate a representative authorized to act on behalf of the 1735 New York Avenue, N.W. Architect with respect to the Project. Washington, D.C. 20006-5292 1.4 The services covered by this Agreement are subject to the time limitations contained in Subparagraph 11.5.1. 1974, 1978, 1977, 1987,© 1997 by The American Institute of Architects. Reproduction of the material erem or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document:97b151oa berna 65 s grove.aia --3/1/2002.AIA License Number 1101108,which expires on 3/30/2003. 1 ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION The Architect's Basic Services consist of those described in Paragraphs 2.2 through 2.6 and any other services identified in Article 12 as part of Basic Services, and include normal structural, mechanical and electrical engineering services. 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall arrive at a mutual understanding of such requirements with the Owner. THIS DOCUMENT HAS IMPORTANT LEGAL 2.2.2 The Architect shall provide a preliminary evaluation of the Owner's program,schedule CONSEQUENCES.CONSULTATION WITH AN and construction budget requirements,each in terms of the other,subject to the limitations set ATTORNEY IS ENCOURAGED WITH RESPECT forth in Subparagraph 5.2.1. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THI5 ELECTRONICALLY 2.2.3 The Architect shall review with the Owner alternative approaches to design and DRAFTED AIA DOCUMENT MAY BE MADE construction of the Project. BY U51NG AIA DOCUMENT D401. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 2.2.5 The Architect shall submit to the Owner a preliminary estimate of Construction Cost based on current area,volume or similar conceptual estimating techniques. 2.3 DESIGN DEVELOPMENT PHASE 2.3.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget,the Architect shall prepare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.3.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost. 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any further adjustments in the scope or quality of the Project or in the construction budget authorized by the Owner, the Architect shall prepare, for approval by the Owner,Construction Documents consisting of Drawings and Specifications setting forth in detail the requirements for the construction of the „A Project. r 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agreement 01997 AIA® between the Owner and Contractor. AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT 2.4.3 The Architect shall advise the Owner of any adjustments to previous preliminary AGREEMENT estimates of Construction Cost indicated by changes in requirements or general market The American Institute of Architects conditions. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 2.4.4 The Architect shall assist the Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Repro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 2 2.5 BIDDING OR NEGOTIATION PHASE The Architect,following the Owner's approval of the Construction Documents and of the latest preliminary estimate of Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals and assist in awarding and preparing contracts for construction. 2.6 CONSTRUCTION PHASE - ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences with the award of the initial Contract for Construction and terminates at the earlier of the issuance to the Owner of the final Certificate for Payment or 6o days after the date of Substantial Completion of the Work. THIS DOCUMENT HAS IMPORTANT LEGAL 2.6.2 The Architect shall provide administration of the Contract for Construction as set CONSEQUENCES.CONSULTATION WITH AN forth below and in the edition of AIA Document A2oi, General Conditions of the Contract for ATTORNEY IS ENCOURAGED WITH RESPECT Construction, current as of the date of this Agreement, unless otherwise provided in this TO ITS COMPLETION OR MODIFICATION. Agreement. Modifications made to the General Conditions, when adopted as part of the AUTHENTICATION OF THI5 ELECTRONICALLY Contract Documents,shall be enforceable under this Agreement only to the extent that they are DRAFTED AIA DOCUMENT MAY BE MADE consistent with this Agreement or approved in writing by the Architect. BY USING AIA DOCUMENT D40I. 2.6.3 Duties, responsibilities and limitations of authority of the Architect under this Paragraph 2.6 shall not be restricted, modified or extended without written agreement of the Owner and Architect with consent of the Contractor, which consent will not be unreasonably withheld. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner during the administration of the Contract for Construction.The Architect shall have authority to act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written amendment. 2.6.5 The Architect, as a representative of the Owner, shall visit the site at intervals appropriate to the stage of the Contractor's operations, or as otherwise agreed by the Owner and the Architect in Article 12, (1) to become generally familiar with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The Architect shall neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the .�. Contractor's rights and responsibilities under the Contract Documents. 2.6.6 The Architect shall report to the Owner known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor. However, the Architect shall not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions, but shall not have control over or charge of and shall not be responsible for acts or omissions of the Contractor, Subcontractors, 01997 AIA® AIA DOCUMENT B151-1997 or their agents or employees, or of any other persons or entities performing portions of the ABBREVIATED OWNER-ARCHITECT Work. AGREEMENT 2.6.7 The Architect shall at all times have access to the Work wherever it is in preparation The American Institute of Architects or progress. 1735 New York Avenue, N.W. Washington, D.C.20006-5292 2.6.8 Except as otherwise provided in this Agreement or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor through the Architect about matters arising out of or relating to the Contract Documents. Communications by and with the Architect's consultants shall be through the Architect. Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute of Architects. Repro uctlon ot 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 subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 3 2.6.9 CERTIFICATES FOR PAYMENT 2.6.9.1 The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. 2.6.9.2 The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Subparagraph 2.6.5 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief,the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject (1) to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, (2) to results of subsequent tests and inspections, (3) to correction of minor deviations from the Contract Documents prior to THIS DOCUMENT HAS IMPORTANT LEGAL completion,and(4)to specific qualifications expressed by the Architect. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 2.6.9.3 The issuance of a Certificate for Payment shall not be a representation that the TO ITS COMPLETION MODIFICATION. AUTHENTICATION OF T THIS ELECTRONICALLY Architect has (1) made exhaustive or continuous on-site inspections to check the quality or DRAFTED AIA DOCUMENT MAY BE MADE quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or BY USING AIA DOCUMENT D401. procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment,or(4)ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.10 The Architect shall have authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable,the Architect shall have authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However,neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor,Subcontractors,material and equipment suppliers,their agents or employees or other persons or entities performing portions of the Work. 2.6.11 The Architect shall review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The Architect's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the Owner, Contractor or separate contractors,while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract Documents.The Architect's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Architect,of any construction means,methods,techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate approval, ; of an assembly of which the item is a component. 2.6.12 If professional design services or certifications by a design professional related to 01997 AIA® systems, materials or equipment are specifically required of the Contractor by the Contract AIA DOCUMENT B151-1997 Documents, the Architect shall specify appropriate performance and design criteria that such ABBREVIATED OWNER-ARCHITECT services must satisfy. Shop Drawings and other submittals related to the Work designed or AGREEMENT certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the Architect. The Architect shall be entitled to rely upon The American Institute of Architects 1735 the adequacy, accuracy and completeness of the services,certifications or approvals performed as New York Avenue,N.W. by such design professionals. PP P Washington, D.C.20006 5292 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with supporting documentation and data if deemed necessary by the Architect as provided in Subparagraphs 3-1.1 and 3.3.3, for the Owner's approval and execution in accordance with the Copyright 1974, 1978, 1977, 1 7, 1997 by The American Institute ot Architects. Reproduction ot 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 subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 4 Contract Documents, and may authorize minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are consistent with the intent of the Contract Documents. 2.6.14 The Architect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion,shall receive from the Contractor and forward to the Owner, for the Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Payment based upon a final inspection indicating the Work complies with the requirements of the Contract Documents. 2.6.15 The Architect shall interpret and decide matters concerning performance of the Owner and Contractor under, and requirements of, the Contract Documents on written THIS DOCUMENT HAS IMPORTANT LEGAL request of either the Owner or Contractor. The Architect's response to such requests shall be CONSEQUENCES.CONSULTATION WITHAN made in writing within any time limits agreed upon or otherwise with reasonable promptness. ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE and reasonably inferable from the Contract Documents and shall be in writing or in the form of BY USING AIA DOCUMENT D401. drawings.When making such interpretations and initial decisions,the Architect shall endeavor to secure faithful performance by both Owner and Contractor, shall not show partiality to either, and shall not be liable for results of interpretations or decisions so rendered in good faith. 2.6.17 The Architect shall render initial decisions on claims, disputes or other matters in question between the Owner and Contractor as provided in the Contract Documents. However, the Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. 2.6.18 The Architect's decisions on claims,disputes or other matters in question between the Owner and Contractor,except for those relating to aesthetic effect as provided in Subparagraph 2.6.17, shall be subject to mediation and arbitration as provided in this Agreement and in the Contract Documents. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in addition to the compensation for Basic Services.The services described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services in Paragraph 3.3 are required due to circumstances beyond the Architect's control, the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required,the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that all or part of such Contingent Additional Services are not required,the . Architect shall have no obligation to provide those services. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6. is ®1997 AIA® 5 AIA DOCUMENT 8151-1997 required, the Architect shall provide one or more Project Representatives to assist in carrying ABBREVIATED OWNER-ARCHITECT out such additional on-site responsibilities. AGREEMENT 3.2.2 Project Representatives shall be selected,employed and directed by the Architect, and The American Institute of Architects the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, 1735 New York Avenue, N.W. responsibilities and limitations of authority of Project Representatives shall be as described in Washington, D.C.20006-5292 the edition of AIA Document B352 current as of the date of this Agreement, unless otherwise agreed. Copyright 1974, 1978, 1977, 1987, C 1997 by The American Institute of Architects. Rep rod uFF3 o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 5 3.2.3 Through the presence at the site of such Project Representatives, the Architect shall endeavor to provide further protection for the Owner against defects and deficiencies in the Work, but the furnishing of such project representation shall not modify the rights, responsibilities or obligations of the Architect as described elsewhere in this Agreement. 3.3 CONTINGENT ADDITIONAL SERVICES 3.3.1 Making revisions in drawings, specifications or other documents when such revisions are: .1 inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES,CONSULTATION WITH AN .2 required by the enactment or revision of codes,laws or regulations subsequent to ATTORNEY IS ENCOURAGED WITH RESPECT the preparation of such documents;or TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY .3 due to changes required as a result of the Owner's failure to render decisions in a DRAFTED AIA DOCUMENT MAY BE MADE timely manner. BY USING AIA DOCUMENT D401. 3.3.2 Providing services required because of significant changes in the Project including,but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding or negotiating and contracting for construction, except for services required under Subparagraph 5.2.5• 3.3.3 Preparing Drawings, Specifications and other documentation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change Orders and Construction Change Directives. 3.3.4 Providing services in connection with evaluating substitutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and other documentation resulting therefrom. 3.3.5 Providing consultation concerning replacement of Work damaged by fire or other cause during construction,and furnishing services required in connection with the replacement of such Work. 3.3.6 Providing services made necessary by the default of the Contractor, by major defects or deficiencies in the Work of the Contractor,or by failure of performance of either the Owner or Contractor under the Contract for Construction. 3.3.7 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 3.3.8 Providing services in connection with a public hearing,a dispute resolution proceeding -f:,++lrr�;r� or a legal proceeding except where the Architect is party thereto. 3.3.9 Preparing documents for alternate,separate or sequential bids or providing services in 01997 AIA® connection with bidding, negotiation or construction prior to the completion of the AIA DOCUMENT 8151-1997 Construction Documents Phase. ABBREVIATED OWNER-ARCHITECT AGREEMENT 3.4 OPTIONAL ADDITIONAL SERVICES The American Institute of Architects 3.4.1 Providing analyses of the Owner's needs and programming the requirements of the 1735 New York Avenue, N.W. Project. Washington, D.C.20006-5292 3.4.2 Providing financial feasibility or other special studies. Copyright 1974, 1978, 1977, 1987, v 1997 by The—American Institute ot Architects. Repro uctlon 7_777 e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 6 3.4.3 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.4 Providing special surveys, environmental studies and submissions required for approvals of governmental authorities or others having jurisdiction over the Project. 3.4.5 Providing services relative to future facilities,systems and equipment. 3.4.6 Providing services to investigate existing conditions or facilities or to make measured drawings thereof. 3.4.7 Providing services to verify the accuracy of drawings or other information furnished THIS DOCUMENT HAS IMPORTANT LEGAL by the Owner. CONSEQUENCES.CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 3.4.8 Providing coordination of construction performed by separate contractors or by the TO ITS COMPLETION OR MODIFICATION. Owners own forces and coordination of services required in connection with construction AUTHENTICATION OF THIS ELECTRONICALLY performed and equipment supplied by the Owner. DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. 3.4.9 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 3.4.10 Providing detailed estimates of Construction Cost. 3.4.11 Providing detailed quantity surveys or inventories of material,equipment and labor. 3.4.12 Providing analyses of owning and operating costs. 3.4.13 Providing interior design and other similar services required for or in connection with the selection,procurement or installation of furniture,furnishings and related equipment. 3.4.14 Providing services for planning tenant or rental spaces. 3.4.15 Making investigations, inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.16 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints,drawings and other data furnished by the Contractor to the Architect. 3.4.17 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. ti 3.4.18 Providing services after issuance to the Owner of the final Certificate for Payment, or '�` in the absence of a final Certificate for Payment,more than 6o days after the date of Substantial Completion of the Work. 01997 AIA® AIA DOCUMENT 8151-1997 3.4.19 Providing services of consultants for other than architectural, structural, mechanical ABBREVIATED OWNER-ARCHITECT and electrical engineering portions of the Project provided as a part of Basic Services. AGREEMENT 3.4.20 Providing any other services not otherwise included in this Agreement or not The American Institute of Architects customarily furnished in accordance with generally accepted architectural practice. 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall provide full information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 7 relationships, flexibility, expandability, special equipment, systems and site requirements. The Owner shall furnish to the Architect, within 15 days after receipt of a written request, information necessary and relevant for the Architect to evaluate, give notice of or enforce lien rights. 4.2 The Owner shall establish and periodically update an overall budget for the Project, including the Construction Cost,the Owner's other costs and reasonable contingencies related to all of these costs. 4.3 The Owner shall designate a representative authorized to act on the Owner's behalf with respect to the Project. The Owner or such designated representative shall render decisions in a timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 4.4 The Owner shall furnish surveys to describe physical characteristics, legal limitations ATTORNEY IS ENCOURAGED WITH RESPECT and utility locations for the site of the Project, and a written legal description of the site. The TO ITS COMPLETION OR MODIFICATION. surveys and legal information shall include, as applicable, grades and lines of streets, alle y s, AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE pavements and adjoining property and structures;adjacent drainage;rights-of-way,restrictions, BY USING AIA DOCUMENT D401. easements, encroachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and necessary data with respect to existing buildings, other improvements and trees; and information concerning available utility services and lines, both public and private,above and below grade,including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. 4.5 The Owner shall furnish the services of geotechnical engineers when such services are requested by the Architect. Such services may include but are not limited to test borings, test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, ground corrosion tests and resistivity tests, including necessary operations for anticipating subsoil conditions,with reports and appropriate recommendations. 4.6 The Owner shall furnish the services of consultants other than those designated in Paragraph 4.5 when such services are requested by the Architect and are reasonably required by the scope of the Project. 4.7 The Owner shall furnish structural, mechanical, and chemical tests; tests for air and water pollution; tests for hazardous materials; and other laboratory and environmental tests, inspections and reports required by law or the Contract Documents. 4.8 The Owner shall furnish all legal, accounting and insurance services that may be necessary at any time for the Project to meet the Owner's needs and interests. Such services shall include auditing services the Owner may require to verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money paid by or on behalf of the Owner. t 4.9 The services, information, surveys and reports required by Paragraphs 4.4 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ®1997 AIA® 4.10 The Owner shall provide prompt written notice to the Architect if the Owner becomes AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT aware of any fault or defect in the Project,including any errors,omissions or inconsistencies in AGREEMENT the Architect's Instruments of Service. The American Institute of Architects ARTICLE 5 CONSTRUCTION COST 1735 New York Avenue, N.W. 5.1 DEFINITION Washington, D.C.20006-5292 5.1.1 The Construction Cost shall be the total cost or, to the extent the Project is not completed,the estimated cost to the Owner of all elements of the Project designed or specified by the Architect. Copyng t 1974, 1978, 1977, 1987, 1997 by The American Institute o 'Architects. Reproduction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 8 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials furnished by the Owner and equipment designed, specified, selected or specially provided for by the Architect, including the costs of management or supervision of construction or installation provided by a separate construction manager or contractor, plus a reasonable allowance for their overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work. 5.1.3 Construction Cost does not include the compensation of the Architect and the Architect's consultants,the costs of the land,rights-of-way and financing or other costs that are the responsibility of the Owner as provided in Article 4. 5.2 RESPONSIBILITY FOR CONSTRUCTION COST THIS DOCUMENT HAS IMPORTANT LEGAL 5.2.1 Evaluations of the Owner's Project budget, the preliminary estimate of Construction CONSEQUENCES.CONSUL TATION WITH AN Cost and detailed estimates of Construction Cost, if an re ared b the Architect, re resent ATTORNEY IS ENCOURAGED WITH RESPECT y p p y P TO ITS COMPLETION OR MODIFICATION. the Architect's judgment as a design professional familiar with the construction industry. It is AUTHENTICATION OF THIS ELECTRONICALLY recognized, however, that neither the Architect nor the Owner has control over the cost of DRAFTED AIA DOCUMENT MAY BE MADE labor,materials or equipment,over the Contractor's methods of determining bid prices,or over BY USING AIA DOCUMENT D401. competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Owner's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Architect. 5.2.2 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,component systems and types of construction are to be included in the Contract Documents,to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring after execution of the Contract for Construction. 5.2.3 If the Bidding or Negotiation Phase has not commenced within go days after the Architect submits the Construction Documents to the Owner,any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction industry. 5.2.4 If a fixed limit of Construction Cost (adjusted as provided in Subparagraph 5.2.3) is exceeded by the lowest bona fide bid or negotiated proposal,the Owner shall: 1 give written approval of an increase in such fixed limit; w. .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with Paragraph 8.5;or 01997 AIA® AIA DOCUMENT B151-1997 .4 cooperate in revising the Project scope and quality as required to reduce the ABBREVIATED OWNER-ARCHITECT Construction Cost. AGREEMENT 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, the Architect, without The American Institute of Architects additional compensation, shall modify the documents for which the Architect is responsible 1735 New York Avenue, N.W. under this Agreement as necessary to comply with the fixed limit, if established as a condition Washington, D.C.20006-5292 of this Agreement.The modification of such documents without cost to the Owner shall be the limit of the Architect's responsibility under this Subparagraph 5.2.5. The Architect shall be entitled to compensation in accordance with this Agreement for all services performed whether or not the Construction Phase is commenced. Copyright 1974, 1978, 1977, 1987, © 1997 by The American Institute ot Architects. Repro uctwn o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 9 ARTICLE 6 USE OF ARCHITECT'S INSTRUMENTS OF SERVICE 6.1 Drawings, specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service for use solely with respect to this Project. The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service and shall retain all common law,statutory and other reserved rights,including copyrights. 6.2 Upon execution of this Agreement,the Architect grants to the Owner a nonexclusive license to reproduce the Architect's Instruments of Service solely for purposes of constructing, using and maintaining the Project, provided that the Owner shall comply with all obligations, including prompt payment of all sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this THIS DOCUMENT HAS IMPORTANT LEGAL Agreement. Any termination of this Agreement prior to completion of the Project shall CONSEQUENCES.CONSULTATION WITH AN terminate this license. Upon such termination, the Owner shall refrain from making further ATTORNEY IS ENCOURAGED WITH RESPECT reproductions of Instruments of Service and shall return to the Architect within seven days of TO ITS COMPLETION MODIFICATION. T AUTHENTICATION OF T termination all originals and reproductions in the Owner's possession or control. If and upon HIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE the date the Architect is adjudged in default of this Agreement, the foregoing license shall be BY USING AIA DOCUMENT D40I. deemed terminated and replaced by a second, nonexclusive license permitting the Owner to authorize other similarly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing,using and maintaining the Project. 6.3 Except for the licenses granted in Paragraph 6.2, no other license or right shall be deemed granted or implied under this Agreement. The Owner shall not assign, delegate, sublicense,pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. However, the Owner shall be permitted to authorize the Contractor, Subcontractors, Sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work by license granted in Paragraph 6.2. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants.The Owner shall not use the Instruments of Service for future additions or alterations to this Project or for other projects, unless the Owner obtains the prior written agreement of the Architect and the Architect's consultants. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. 6.4 Prior to the Architect providing to the Owner any Instruments of Service in electronic form or the Owner providing to the Architect any electronic data for incorporation into the Instruments of Service, the Owner and the Architect shall by separate written agreement set forth the specific conditions governing the format of such Instruments of Service or electronic data,including any special limitations or licenses not otherwise provided in this Agreement. ARTICLE 7 DISPUTE RESOLUTION f 7.1 MEDIATION 7.1.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the 111997 AIA® institution of legal or equitable proceedings by either party. If such matter relates to or is the AIA DOCUMENT 8151-1997 subject of a lien arising out of the Architect's services,the Architect may proceed in accordance ABBREVIATED OWNER-ARCHITECT with applicable law to comply with the lien notice or filing deadlines prior to resolution of the AGREEMENT matter by mediation or by arbitration. The American Institute of Architects 1735 New York Avenue, N.W. 7.1.2 The Owner and Architect shall endeavor to resolve claims,disputes and other matters Washington,D.C.20006-5292 in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, Copyright 1974, 1978, 1977, 1987, O 19 7 by The American Institute of Architects. Rep rod uct-i—on—Tor 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 subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 10 mediation shall proceed in advance of arbitration or legal or equitable proceedings,which shall be stayed pending mediation for a period of 6o days from the date of filing,unless stayed for a longer period by agreement of the parties or court order. 7.1.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 7.2 ARBITRATION 7.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to arbitration. Prior to arbitration, the parties shall endeavor to resolve disputes by mediation in accordance with Paragraph 7.1. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 7.2.2 Claims, disputes and other matters in ATTORNEY I5 ENCOURAGED WITH RESPECT P question between the parties that are not TO ITS COMPLETION OR MODIFICATION. resolved by mediation shall be decided by arbitration which, unless the parties mutually agree AUTHENTICATION OF THIS ELECTRONICALLY otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the DRAFTED AIA DOCUMENT MAY BE MADE American Arbitration Association currently in effect. The demand for arbitration shall be filed BY U51NG AIA DOCUMENT D401. in writing with the other party to this Agreement and with the American Arbitration Association. 7.2.3 A demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. 7.2.4 No arbitration arising out of or relating to this Agreement shall include, by consolidation or joinder or in any other manner, an additional person or entity not a party to this Agreement, except by written consent containing a specific reference to this Agreement and signed by the Owner, Architect, and any other person or entity sought to be joined. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent or with a person or entity not named or described therein.The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. 7.2.5 The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7.3 CLAIMS FOR CONSEQUENTIAL DAMAGES =1` The Architect and Owner waive consequential damages for claims,disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable,without limitation, to all consequential damages due to either party's termination in accordance with Article 8. f ;f ARTICLE 8 TERMINATION OR SUSPENSION 8.1 If the Owner fails to make payments to the Architect in accordance with this ®1997 AIA® AIA DOCUMENT 8151-1997 Agreement, such failure shall be considered substantial nonperformance and cause for ABBREVIATED OWNER-ARCHITECT termination or,at the Architect's option,cause for suspension of performance of services under AGREEMENT this Agreement. If the Architect elects to suspend services, prior to suspension of services, the Architect shall give seven days' written notice to the Owner. In the event of a suspension of The American Institute of Architects services, the Architect shall have no liability to the Owner for delay or damage caused the 1735 New York Avenue, N.W. Owner because of such suspension of services. Before resuming services, the Architect shall be Washington, D.C. 20006-5292 paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. Copyrig t 1974, 1978, 1977, 1987, O 1997 by The American Institute of Architects. Repro uctlon o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 11 8.2 If the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. 8.3 If the Project is suspended or the Architect's services are suspended for more than 90 consecutive days, the Architect may terminate this Agreement by giving not less than seven days'written notice. 8.4 This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES.CONSULTATION WITH AN 8.5 This Agreement may be terminated by the Owner upon not less than seven da y s' ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. written notice to the Architect for the Owner's convenience and without cause. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 8.6 In the event of termination not the fault of the Architect, the Architect shall be BY USING AIA DOCUMENT D401. compensated for services performed prior to termination,together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 8.7 Termination Expenses are in addition to compensation for the services of the Agreement and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 T4iis-Affeemetr4—,hall-be geveffled*4he4ay -ekheprinEi-pal-plac-e-e ess of the- "4itect,unless ether-wise pr-evided-in Ai4iEle ar This agreement shall be subject to and governed by the laws of the State of Illinois Venue for the resolution of any- disputes or the enforcement of any rights pursuant to this Agreement shall be the Circuit Court of Kane County. Illinois 9.2 Terms in this Agreement shall have the same meaning as those in the edition of AIA Document A2oi,General Conditions of the Contract for Construction,current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statutes of limitations commence to run any later than the date when the Architect's 'IN, services are substantially completed. . 9.4 To the extent damages are covered by property insurance during construction, the Owner and Architect waive all rights against each other and against the contractors, 01997 AIA® consultants, agents and employees of the other for damages, except such rights as they may AIA DOCUMENT 8151-1997 have to the proceeds of such insurance as set forth in the edition of AIA Document A201, ABBREVIATED OWNER-ARCHITECT General Conditions of the Contract for Construction,current as of the date of this Agreement. AGREEMENT The Owner or the Architect,as appropriate,shall require of the contractors,consultants,agents The American Institute of Architects and employees of any of them similar waivers in favor of the other parties enumerated herein. 1735 New York Avenue, N.W. 9.5 The Owner and Architect, respectively, bind themselves, their partners, successors, Washington, D.C. 20006-5292 assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to an Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Rep rod uctlon o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 12 institutional lender providing financing for the Project. In such event, the lender shall assume the Owner's rights and obligations under this Agreement. The Architect shall execute all consents reasonably required to facilitate such assignment. 9.6 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. 9.7 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. 9.8 Unless otherwise provided in this Agreement, the Architect and Architect's THIS DOCUMENT HAS IMPORTANT LEGAL consultants shall have no responsibility for the discovery, presence, handling, removal or CONSEQUENCES.CONSULTATION WITH AN disposal of or exposure of persons to hazardous materials or toxic substances in any form at the ATTORNEY IS ENCOURAGED WITH RESPECT Project site. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 9.9 The Architect shall have the right to include photographic or artistic representations BY USING AIA DOCUMENT D401. of the design of the Project among the Architect's promotional and professional materials.The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be confidential or proprietary. The Owner shall provide professional credit for the Architect in the Owner's promotional materials for the Project. 9.10 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. The Architect shall not be required to execute certificates that would require knowledge,services or responsibilities beyond the scope of this Agreement. ARTICLE 10 PAYMENTS TO THE ARCHITECT 10.1 DIRECT PERSONNEL EXPENSE Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, insurance,sick leave,holidays,vacations,employee retirement plans and similar contributions. 10.2 REIMBURSABLE EXPENSES 10.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and consultants directly related to the Project,as identified in the following Clauses: 1 transportation in connection with the Project, authorized out-of-town travel and f. subsistence,and electronic communications; .2 fees paid for securing approval of authorities having jurisdiction over the Project; 01997 AIA® AIA DOCUMENT B151-1997 .3 reproductions,plots,standard form documents,postage,handling and delivery of ABBREVIATED OWNER-ARCHITECT Instruments of Service; AGREEMENT .4 expense of overtime work requiring higher than regular rates if authorized in The American Institute of Architects advance by the Owner; 1735 New York Avenue, N.W. Washington, D.C.20006-5292 .5 renderings,models and mock-ups requested by the Owner; Copyright 1974, 1978, 1977, 1987, O 1997 by The American Institute of Architects. Repro uctwn 777—the e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 13 .6 expense of professional liability insurance dedicated exclusively to this Project or the expense of additional insurance coverage or limits requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants; .7 reimbursable expenses as designated in Article 12; .8 other similar direct Project-related expenditures. 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES 10.3.1 An initial payment-as-set4ertl}4n Paragraph 4s4ke minitnum pa��ent unde -this- THIS DOCUMENT HAS IMPORTANT LEGAL 10.3.2 Subsequent payments for Basic Services shall be made monthly and,where applicable, CONSEQUENCES.CONSULTATION WITH AN shall be in proportion to services performed within each phase of service,on the basis set forth ATTORNEY IS ENCOURAGED WITH RESPECT in Subparagraph 11.2.2. TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY 10.3.3 If and to the extent that the time initially established in Subparagraph 11.5.1 of this DRAFTED AIA DOCUMENT MAY BE MADE Agreement is exceeded or extended through no fault of the Architect, compensation for any BY U51NG AIA DOCUMENT D401. services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 11.3.2. 10.3.4 When compensation is based on a percentage of Construction Cost and any portions of the Project are deleted or otherwise not constructed,compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES Payments on account of the Architect's Additional Services and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 10.5 PAYMENTS WITHHELD No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect has been adjudged to be liable. era 10.6 ARCHITECT'S ACCOUNTING RECORDS Records of Reimbursable Expenses and expenses pertaining to Additional Services and services performed on the basis of hourly rates or a multiple of Direct Personnel Expense shall be z available to the Owner or the Owner's authorized representative at mutually convenient times. . ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 01997 AIA® AIA DOCUMENT B151-1997 444 M Initial ayni" t of Dollars(s—) shall be a „1 en execution of this n,._,,,,„ t ABBREVIATED OWNER-ARCHITECT and Eredited to the ONffler-'s account a, rnal AGREEMENT 11.2 BASIC COMPENSATION The American Institute of Architects 1735 New York Avenue, N.W. 11.2.1 For Basic Services, as described in Article 2, and any other services included in Article Washington, D.C. 20006-5292 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 ofcompensation apply,ifnecessary.) A fixed fee of$11,000.00 Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Repro uction o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 14 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) Schematic Design Phase: $2,400.00 percent(22 %) Design Development Phase: $2.100.00 percent( 19 %) Construction Documents Phase: $3,500.00 percent( 32 %) Bidding or Negotiation Phase: $ 1,000.00 percent(9 %) Construction Phase: $2,000.00 percent( 18 %) Total Basic Compensation: one hundred percent(loo%) THIS DOCUMENT HAS IMPORTANT LEGAL 11.3 COMPENSATION FOR ADDITIONAL SERVICES CONSEQUENCES.CONSUL TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 11.3.1 For Project Representation Beyond Basic Services, as described in Paragraph 3.2, TO ITS COMPLETION OR MODIFICATION. compensation shall be computed as follows: AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE 11.3.2 For Additional Services of the Architect, as described in Articles 3 and 12, other than BY USING AIA DOCUMENT D401. (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 multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply,if necessary) Additional services to be performed by the ARCHITECT shall not be performed without written approval by the OWNER under such terms and conditions as may be agreed by the parties hereto 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 part of Additional Services,a multiple of _(_) times the amounts billed to the Architect for such services. (Identify specific types ofconsultants in Article 12,ifrequired.) 11.4 REIMBURSABLE EXPENSES For Reimbursable Expenses, as 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 directly related to 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 11.3.2. 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 01997 AIA® entered below, or in the absence thereof at the legal rate prevailing from time to time at the AIA DOCUMENT B151-1997 principal place of business of the Architect. ABBREVIATED OWNER-ARCHITECT (Insert rate ofinterest agreed upon.) AGREEMENT The American Institute of Architects (Usury laws and requirements under the Federal Truth in Lending Act,similar state and local consumer credit laws 1735 New York Avenue, N.W. and other regulations at the Owner's and Architect's principal places of business, the location of the Project and Washington, D.C.20006-5292 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 adjusted in accordance with the normal salary review practices of the Architect. Copyright 1974, 1978, 1977, 1987, 0 1997 by The American Institute of Architects. Rep rod uctlon o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 15 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.) This agreement may be terminated in the sole discretion of the OWNER after the schematic phase as provided herein has been completed upon seven (7)days written notice. ARTICLE 13 The terms of this agreement shall be severable In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unforeseeable THIS DOCUMENT HAS IMPORTANT LEGAL for any reason, the remainder of this agreement shall remain in full force and effect CONSEQUENCES.CONSUL TATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT ARTICLE 14 TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAYBE MADE This agreement shall not be construed so as to create a partnership,Joint venture BY USING AIA DOCUMENT D401. employment or other agency relationship between the parties hereto except to the extent specifically provided for herein This Agreement entered into as of the day and year first written above. OWNER (sig a r`e) ARCH ITEC (signature) (Printed name and title) (Printed name and title) ®1997 AIA® AIA DOCUMENT B151-1997 ABBREVIATED OWNER-ARCHITECT AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington,D.C.20006-5292 Copyright 1974, 1978, 1977, —19-87-,-0 1997 by The American Institute of Architects. Repro uctlon o t e material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution.WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. 16 City of Elgin Agenda Item No. fit r 0 0u+f,o February 22 , 2002 TO: Mayor and Members of the City Council ALIVE DOWNTOWN FROM: Olufemi Folarin, Interim City Manager SUBJECT: Architectural Services for a Facade Improvement Project 65 South Grove and 60 South Spring Street 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 project at 65, 67- 69 South Grove Avenue and 60 South Spring Street . BACKGROUND A Request for Proposal was sent to firms to provide architectural services. Under the Facade Improvement Program, architectural services are paid by the City. Services include design and cost estimates, preparation of construction documents and specifications, assistance with bidding and construction oversight . The project consists of two components: 1 . Rehabilitation of the existing facades at 65 South Grove Avenue and 60 South Spring Street . 2 . New infill construction on the vacant property at 67-69 S. Grove Avenue . This property is currently owned by the City of Elgin. The applicant is currently in discussion with City staff to negotiate the acquisition of the property and develop it with new infill construction containing a facade that is compatible with the adjacent buildings . The property owner, Mr. David Vargas proposes to rehabilitate the existing facades of the buildings, addressing such items as restoring the storefronts to their original configuration, masonry cleaning, tuckpointing, window and door replacement, exterior lighting and canopy treatments . In the event the property owner acquires the vacant property at 67-69 South Grove Avenue, a new infill building will be constructed with facades to match those on adjacent buildings . Facade - 65 S . Grove Avenue and 60 S . Spring Street February 22 , 2002 Page 2 The architect will work with staff and the property owner to develop the design for the restoration of the existing facades at 65 South Grove Avenue and 60 South Spring Street . The vacant property at 67-69 South Grove Avenue (formerly the site of John' s Meat Market) is currently owned by the City of Elgin. The property owner is currently in discussion with City staff to negotiate the acquisition of the property and develop it with new infill construction containing a facade that is compatible with the adjacent buildings . Staff feels that it is advisable to use the same architect for the entire project to maintain better control and continuity of design of the entire project . However, services of the architect on the infill project will only be authorized by the City upon the applicant' s acquisition -of the vacant property. Any further services provided by the architect will be contingent upon City Council approval of the project, costs associated with identified improvements, and a Facade Improvement Program Agreement being executed. Five firms responded to the Request for Proposals . A tabulation sheet of bids is attached. Review of bids and staff' s recommendation to award were based on response to the scope of services requested and experience with similar projects rather than cost . The firm demonstrating the desired expertise and experience to provide the required services was Berna Architects & Design in Elgin. The architect has experience with the City' s Facade Improvement Program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. FINANCIAL IMPACT t�II The fixed fee for providing the architectural services associated with restoring the facades at 65 South Grove Avenue and 60 South Spring Street is $11, 000 . 00 . The proposed fee for future design development of the facades of the infill development is $2 , 999 . 00 . Architectural services for this component will only be authorized by the City contingent upon the property being acquired by the property owner. Facade - 65 S . Grove Avenue and 60 S . Spring Street February 22, 2002 Page 3 Sufficient funds ($11, 000) for this expenditure are available in account number 350-0000-795 . 78-99, Downtown Redevelopment Fund, Rehab Grants, project number 179553 . / LEGAL IMPACT f A contract between the City of Elgin and architect will need to be repa g red authorizing architectural services for the rehabilitation p of the existing facades at 65 South Grove Avenue and 60 South Spring Street . A contract for architectural services for the design of facades of the infill construction at 67-69 South Grove Avenue will be prepared at a later date should the applicant successfully acquire the property. ALTERNATIVES 1 . Approve the proposal by Berna Architects & Design to provide architectural services to restore the facades on the existing buildings at 65 South Grove Avenue and 60 South Spring Street for a fee of $11, 000 - 00 . Services for the design of facades of the infill construction are not being requested at this time . 2 . Reject the proposal by Berna Architects & Design to provide architectural services for the facade improvement project at 65 South Grove Avenue and 60 South Spring Street . RECOMMENDATION It is recommended that the City Council proceed as identified in Alternative 1 above . It is also recommended that authorization of architectural services by Berna Architects and Design for the infill construction at 67-69 South Grove Avenue be considered at a later dated upon the applicant' s acquisition of the property. Respectfully submitted, Olu emi o1a i Interim C ty Manager SBS/sm Attachments ARCHITECTURAL SERVICES t 65, 67-69 S. Grove Avenue and 60 S. Spring Street FIRM BID 1. Berna Architects &Design $13,999.00 221 DuPage Street (Includes reimbursables) Elgin, IL 60120 2. Cone/Kalb/Wonderlick $9,600.00 730 West Randolph Street (+reimbursables) Chicago, IL 60661 3. Durrant Architects $35,460.00 214 W. River Drive (Includes reimbursables) St. Charles, IL 60174 4. Lane Allen Architects $36,500.00 8 W. Wilson Street (+reimbursables) Batavia, IL 60510 5. Tyson&Billy Architects, P.C. $101,320.00 4615 E. State Street (Includes reimbursables) Suite 101 Rockford, IL 60118 SBS 02/22/02 BERNA ARCHITECTS & DESIGN 221 DuPage Street Elgin, Illinois 60120 (847) 697-0260 PROJECT BREAKDOWN February 6, 2002 Mr. Sarosh B. Saher Urban Design & Preservation Specialist City of Elgin 150 Dexter Court Elgin, IL 60120 Re: 65,67-69 SOUTH GROVE AVENUE and 60 SPRING STREET Dear Sarosh Saber: In response to your request for additional information, I am submitting the following: To provide architectural services to develop a design and budget for the existing facade located at 65 South Grove and 60 Spring Street and design a new fapde at 67-69 South Grove Avenue. The services are based on an hourly rate of $75 dollars. I have broken down the fee into six divisions. They are as follows: FACADE IMPROVEMENT OF EXISTING BUILDING Schematic Design • On site review of scope of work. • Schematic design of west and east elevations. • Coordinating with City and Government officials for proposed project. Schematic Design Fee: $2,400.00 Design Development • Develop storefront and details. • Specify storefront materials and other miscellaneous components. • Prepare a construction cost estimate. Design Development Fee: $2,100.00 Construction Documents Phase • Provide complete set of architectural drawings and demolition scope for bidding and construction. • Will address all Federal and State Handicap Accessibility Codes and phase project if required. Construction Document Fee: $3,500.00 Bidding Phase • Assist in preparing bid documents for contractors. • Administer and coordinate bidding procedure. • Review and verify bids and bidders references. Bidding Phase Fee: $1,000.00 Construction Review • Weekly onsite review of construction as needed. • Review shop drawings as needed. • Final project inspection and punch list. Construction Review Fee: $2,000.00 NEW FACADE: 65-67 SOUTH GROVE Schematic Design and Design Development • Design two proposed elevations with interior floor plan by others. • Coordinate with Architect on interior space • Coordinating with City and Government officials for proposed project. • Will address all Federal and State Handicap Accessibility Codes as required for entrances on the east and west elevation. Schematic Design Fee: $2,999.00 Construction Documents,Bidding and Construction Review • Not requested at this time. Additional Services Not included are surveys, soils and EPA testing,permit costs, printing cost, artist rendering of elevations and landscaping design. Civil,Mechanical,Electrical, Plumbing and Structural can be provided upon request. Please call me if you have any questions regarding this project. I am available to meet with you and the owner Wednesday or Thursday afternoon of this upcoming week.Let me know what time is good for you. Sincerely: 45'z"e� Greg Berna AIA GREG E. BERNA 221 DuPage Street Elgin, Illinois 60123 C (847) 697-0260 EDUCATION Continuing Education Licensed Architect in the State Of Illinois 2/25/93 Graduate School Chicago, Illinois $ ember, 1989 g/ 7 - 12/89 Illinois Institute of Technology, , Masters Degree in Architecture,December, ent Design; Courses in Structures,Construction,Energy Design Studio,Building Systems and Graduate Thesis(ski Lodge and Gondola Terminal) Achievements: AIA Graduate Scholastic S of class p Graduated in top percent 8/86 -5/87 Washington University, St. Louis, Missouri Graduate School of Architecture Courses in Drawing,Design Studio,and Architechrral History College Beloit College, Beloit, Wisconsin 8/82 - 5/86 B.S.Degree in Business Administration and Studio Arts(Ceramics) e Slected to attend European Study Program in ` Achievements: and, 1985 London,Engl High School 9/79 - 6/82 Larkin High School, Elgin, Illinois References Furnished Upon Request BERNA ARCHITECTS & DESIGN 221 DuPage Street Elgin, Illinois 60120 (847) 697-0260 PROPOSAL R.F.P. 02-011 RE: 65 and 67-69 S. Grove Avenue and 60 S. Spring Street January 30,2002 Ms. Gail Cohen Purchasing Director City of Elgin 150 Dexter Court Elgin,IL. 60120 Dear Ms. Cohen: In response to your request for proposal,I am submitting the following: To provide architectural services for the Facade Improvement Program project at 65 S. Grove, the empty lot at 67-69 South Grove Avenue and 60 S. Spring Street. 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: $13,999.00. Includes reimbursements. 3. Time frame: A total of 12 weeks, not including the city's approval schedule.This proposal is binding for 30 days. 4. Additional Services: Not included are surveys, soils and EPA testing. 5. Qualifications: Services will be provided by a licensed and insured architect. A standard contract will be completed to specify time frames, services and the city's approval schedule. A current project list is enclosed. Submitted by: Greg Berna AIA GREG E. BERNA 221 DuPage Street Elgin, Illinois 60120 (847) 697-0260 WORK EXPERIENCE 6/94 - Present Berna Architects, 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 4/93 - 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 • Preparing 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 i City of Elgin, Illinois Equal Employment Written Commitment Guideline The written commitment required in Item #4 of the Bidder's Employee Utilization Form shall: 1. Set out the name and phone number of the bidder's Equal Employment Officer. 2. Clearly identify the bidder's recruitment area and the percentage of minorities and females in the area's population and labor force. 3. Set out what the bidder has done and has set as a goal to ensure the recruitment of minority and female employees. 4. Set out the bidder's specific goals to recruit minorities and females for training programs or other similar opportunities available through the bidder's organization. 5. Indicate bidder's consent to submit to the City of Elgin, upon request, statistical data concerning its employee composition and recruitment efforts anytime during the term of the contract. 6. Show bidder's consent to distribute copies of the written commitment to all persons who participate in recruitment, screening, referral, and selection and hiring of job applicants for the bidder. 7. Clearly show that the bidder shall require all subcontractors, if any, to submit a written commitment complying with the above requirements of their affirmative action plan to the City of Elgin. Description of Groups for Classification Purposes White: all persons having origins in Europe, North America, or the Middle East Black: all persons having origins in any of the Black racial groups of Africa Hispanic:- all persons of Mexican, Puerto Rican, Cuban, Central South American, or other Spanish culture or origin, regardless of race Asian American: all persons having origins in the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands American Indian: all persons having origins in any of the original peoples of North America and who maintain cultural identification through tribal affiliation or community recognition BIDDER'S EMPLOYEE UTILIZATION FORM Phis ort is required by the City of Elgin and mus be submitted before the contract can be twat. --hapter 3.12.1000 Affirmative Action - City Contracts 1. Name and Address of Bidder Description of Project 5E6ZN A ARCN ITC C-1-15 It DE >le') 6E!'v iLES C--) 01 6E'9-NA r, PACA�E IMP2oy�rntN r 2-1 ID PAS t_ --;'I ELC,i N IL CoDI 2,, 'P/PoC�RAnn JOB CATEGORIES Total Whites Blacks Hispanics Asians or American Minority Female Employees Pacific Indians (M&F) (All Islanders Categories) M / F M / F M / F M / F M / F % % Example:Managers 18 3 5 3 2 4 1 55.6% 44.4% (10/18) (8/18) )02G l J 1'fC TOTALS Signature of Company Official Title Telephone Number Date Signed Page wM�2 X.2 7/c>I;% of—L 'p (�����7-dam� 2. Have y u ever been awarded a bid by the City of Elgin? Yes No 3-- If the answer to question #2 is Yes, please submit a copy of the Employee Utilization Form that was submitted with your last successful bid along with a fully completed copy of this form. 4. If the statistical data provided above shows under-utilization of minorities and/or females, please submit, according to the guideline provided in the attached document, a written commitment to provide equal employment opportunity. PRVV1t)C CQuat„ EMPI'0YME1J 0PP62*T tJnJ17 1 NOTE: In the event that a contractor or vendor, etc., fails to comply X-th the fa�rir�° employment and affirmative action provisions of the City of Elgin, the City amongst other actions may cancel, terminate, or suspend the contract in whole or in part. 14.R. FW City of Elgin, Illinois Sexual Harassment ---- Policies and Programs • Every party to any contract with the City of Elgin and every bidder is required to have, and to effectively distribute,written sexual harassment policies that include, at a minimum, the following information: (I) the illegality of sexual harassment (II) the definition of sexual harassment under state law (III) a description of sexual harassment,utilizing examples (IV) the vendor's internal complaint process including penalties (V) the legal recourse,investigative and complaint process available through the Illinois Department of Human Rights,and the Illinois Human Rights Commission (VI) directions on how to contact the department and commission (VII) protection against retaliation as provided by Section 6-101 of the Human Rights Act I hereby affirm that the organization which I represent has in place sexual harassment policies which include the required information set forth above, and I hereby agree to furnish the City of Elgin -Human Resources Department with a copy of these policies if they so request. Signature/Title Company Date 7 129102, Sexual harassment is defined as follows: "Sexual harassment"means any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when(1)submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment,(2)submission to or rejection of such conduct by and individual is used as a basis for employment decisions affecting such individual,or(3)such conduct has the purpose or effect of substantially interfering with and individual's work performance or creating an intimidating, hostile, or offensive working environment. Any questions by contracting parties or eligible bidders concerning compliance with these requirements should be directed to the City of Elgin-Human Resources Department at(847) 931-5618. I hereby agree fully indemnify and hold the City of Elgin harmless from any and all liability, loss or damage including costs of defense or claim, demands, cost of judgement against it arising from any sexual harassment complaint resulting from the act of any member of my organization in the performance of this contract. Signature/Title Company /3�!I it/rs' ArLC N iYEc�'s OFsiG�/ Date /2 '?/o a. TAX/COLLUSION/DEBARMENT AFFIDAVIT State of ss. County of_ 42dOlC J t:A rJ T j Mmetz mAiy , being first duly sworn, deposes and says: That he is �'Q of the firm of the party making the foregoing bid and that the bidder is not barred from contracting with any unit or local government as a result of a violation of 720 Illinois Compiled Statutes, Section 5/33E-3 or 5/33E-4,as amended; and, no collusion or agreement among other bidders or prospective bidders to bid a fixed price or otherwise-restrain freedom of competition by agreement has taken place; and, bidder is not delinquent In the payment of any tax administered by the Illinois Department of Revenue unless there Is a pending proceeding contesting the tax. Signature of Bidder, if an individual: Signature of Bidder, if a partnership: Subscribed and sw m to before me this 9 day of _,204' Signature of Bidder, if a corporation: My commission expires: —T-zAA/ moo - :Expires OFFI SEAL President JEAN TERMAN NOTARY PUBTE OF ILLINOIS My Commissio Jan 19,2005 Secretary Berna Architects & Design 221 DuPage Street Elgin, Illinois 60120 (847) 697-0260 PROJECT ARCHITECT CONSTRUCTION COST 21 Unit,Apartment Rehab. $945,000 5300 Michigan Ave., Chicago 24 Unit, Apartment Rehab. $1,080,000 5858 Michigan Ave., Chicago 27 Unit, Apartment Rehab. $1,215,000 535 Martin Luther King Dr., Chicago 289 Unit, One Room Occupancy Rehab. $15,000,000 6 North Hamlin, Chicago Private School Remodeling $334,000 6528 South Lake Shore Dr., Chicago 3 Duplexes $700,000 Hampshire, South Elgin And Elgin 7 Single Family Homes $1,400,000 Elgin, St. Charles, Cary and Kane Co. Facade Improvements And Rehab. $160,000 221 DuPage St., Elgin, IL—Center City Illinois Brotherhood of Electrical Worker Addition Est. $2,000,000 2400 Big Timber Road Office Complex Elgin, I1. 13 Single Family Home Additions $1,500,000 Glen Ellyn, Plato Center, Elgin, Wheaton,Hinsdale IL. Facade Improvement $200,000 28 N. Grove St. Elgin School Project Consultant 1994'-98' $40,000,000 High School & Elementary School Additions, Sound Abatement, Life safety, ADA and new construction projects Page 2 PROJECT ARCHITECT CONSTRUCTION COST Remax Horizon Addition $250,000 374 N. Mc Lean Blvd. Elgin FaVade Improvement $65,000 168-172 E. Chicago St. Elgin Fagade Improvement $1,20,000 19 S. Spring St. Elgin Proposed Elgin Child Care Rehab. Est. $3,000,000 620 Wing St. Elgin Argonne National Laboratory As-built Drawings $80,000 Argonne Campus Lemont 1L.