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HomeMy WebLinkAbout78-1120 Saint Charles Street Park • STANDARD FORM OF AGREEMENT BETWEEN 1%: i1AG OWNER AND LANDSCAPE ARCHITECT M � 1m lk AMII•ILAN � Sig,ItTY('r I• LANI''rAYE I ARCHITtOS , 10=11),,d, Issued by the American Society of Landscape Architects, Inc. THIS AGREEMENT, entered into this 20th day of November 19 78 , by and between CITY OF ELGIN (Name of Owner) 150 Dexter Court, Elgin, IL 60120 (Address of Owner) (hereinafter called the "Owner"), and McFADZEAN AND EVERLY, LIMITED (hereinafter called the "Landscape Architect"). WITNESSETH: ARTICLE 1 : ADDRESSES That the Owner does hereby employ the Landscape Architect to render professional services for the landscape improvement of the pow:mop K ( Saint Charles Street PTarJk Site ) Elgin, Illinois - Phase II to the extent and kind defined in Article 2, below. ARTICLE 2: SERVICES The professional service of the Landscape Architect shall be as follows: (a) Design Development Drawings; (b) Meet with community group; (c) Working Drawings and Specifications ; (d) Estimates of Probable Construction Costs; (e) Preparation of Bid Documents, Assistance in Obtaining Bids, and negotiations of contracts ; (f) Observing and inspecting the construction work by making periodic visits ; (g) Keep the Owner informed by filing OWNER AND LANDSCAPE ARCHITECT THREE PAGES ASIA DOC. 11-2B PAGE 1 ©The American Society of Landscape Architects,Inc. 1750 Old Meidow Rd. McLean,Virginia 22101 a written report, and (h) Approve all Certificates of Payment to the Contractor. ARTICLE 3: PAYMENT The Owner agrees to pay the Landscape Architect for professional services as follows: Ten (10%) Percent of construction costs with a not—to—exceed fee of $8,360.00. Payments shall be made in proportion to the services performed so that the compensation at the completion of each phase shall equal the following percentages : Design Development — 20%, Construction Documents — 90%; and Construction Phase — 100%. ARTICLE 4: ITEMS SUPPLIED AND EXTRA WORK a. The Owner shall furnish to the Landscape Architect at the Owner's cost and expense all necessary property line and topographic data applicable to the designated improvement. If additional topographic data are required beyond those first furnished, the additional topographic information shall be furnished by the Owner at the Owner's cost and expense. b. The Landscape Architect shall be reimbursed for blueprinting and duplication of other documents at the cost of reproductions, excepting, however, the first 3 sets which shall be furnished. xxx kanxis exlkcda' M# t Mt # PFX Agamxtret. cicx-Rxxxzatacuat fzxxllecpxcimucgf xemxttlompaitictoc e. If during the progress of the development of plans or during construction the Owner finds it desirable or necessary to cause the Landscape Architect to perform additional services other than those defined in Article 2 (and Article 4, if applicable), the payment for such additional work shall be at the per diem rate of Thirty ($30.00) Dollars per hour, plus miscellaneous - expenses. OWNER AND LANDSCAPE ARCHITECT THREE PAGES ASLA DOC. 11-28 PAGE 2 OThe American Society of Landscape Architects,Inc. 1750 Old Meadow Rd. McLean,Virginia 22101 ARTICLE 5: OBSERVATION AND INSPECTION 'The Landscape Architect shall observe the work of the contractor or of the Owner's own staff by inspection antme> 4 fx._—.pPrindically when construction is in progress. . axI wt or, ikockxcclueapexAmistiurcosiaxtkiocpptsKxxximpinextrinsmoccocaocaotxxcemb4K ARTICLE 6: ABANDONMENT OF IMPROVEMENT • If the Owner finds it necessary to abandon the project, the Landscape Architect shall be compensated for all work completed under Article 2 according to the schedule of payments designated under Article 3. Scheduled items not completed, but upon which work has been performed, shall be paid for upon basis of estimated extent of completion. ARTICLE 7: OTHER PARTIES a. It is mutually agreed that this Agreement is not transferable by either signatory to a third party without the consent of the other principal party. b. Plans and specifications are instruments of service and remain the property of the Landscape Architect. ARTICLE 8: TERMINATION a. This Agreement shall be terminated at any time by the Owner or the Landscape Architect upon giving thirty days' written notice. Termination by the Owner shall comply with Article 6. b. This Agreement, unless previously terminated by written notice, shall be terminated by the final payment for the finished work. ARTICLE 9: IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. f Witness: Owner: (T ed Nam, and Title, if any) • d �•(Na• e of,Auth• ty, i y) •• • andscape Architect McFADZEAN AND EVERLY, LTD. OWNER AND LANDSCAPE ARCHITECT THREE PAGES ASIA DOC. 11-2B PAGE 3 01 he American Society of Landscape Architects,Inc. 1750 Old Meadow Rd. McLean,Virginia 22101