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HomeMy WebLinkAbout81-0408 Kaltenbach and Ferenc • g� - 0Li08 RESOLUTION AUTHORIZING AN AGREEMENT WITH KALTENBACH AND FERENC WHEREAS, Kaltenbach and Ferenc, architects, have submitted their written proposal for the necessary architectural services for planning and design of a new streetscape for Douglas Avenue between Chicago Street and Highland Avenue; and WHEREAS, it is in the best interests of the City of Elgin to accept said proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that it hereby authorizes and directs Leo Nelson, City Manager, to execute a contract for architectural services with Kaltenbach and Ference, on behalf of the City of Elgin, a copy of which is attached hereto and made a part hereof by reference. kichard L. Verbic, Mayor Presented: April 8, 1981 Adopted: Vote: Yeas Nays Recorded: Attest: Marie Yearman, City Clerk /WO CITY OF ELGIN ENGINEERING DIVISION 150 DEXTER COURT — ELGIN, ILLINOIS 60120 Telephone: (312) 695- 6500 Ext. 245 TRANSMITTAL LETTER Date / - 7-67 To: �%/�G�l Y/ 4e111147 (7)P C,X4e7 Job: boat: crrp —5'r E -- (r'C' k fi1�'#/e06 We transmit herewith for your—Information Approval Files Correction Q re.(6,4w, Return -Copies- of ?Z J� G � emsz- I f c Rib ( 7 7 7iZ b/E-sYci47 sicia ( S Sheet Nos. / `�/� h 4- - 3 _l / Remarks rba eQ_ / lei ivizt off `f ` _ 3(6s e,b l ( cII-( //s M % w)5.%,0- Yours very truly, /46/COZ CC: By Enclosed: e THE AMERICAN INSTITUTE OF ARc..HITECTS AIA Document 8141 Standard Form of Agreement Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES;CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the Eighteenth day of March in the year of Nineteen Hundred and Eighty One BETWEEN the Owner: The City of Elgin 150 Dexter Court Elgin, Illinois and the Architect: Kaltenbach and Ferenc 17 Douglas Avenue Elgin, Illinois For the following Project: Include detailed description of Project location and scope.) Planning and design of a new streetscape for Douglas Avenue between Chicago Street and Highland Avenue. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1918, 1%1, 1%3, 1966. 1967, 1970, 1974, © 1977 by The American Institute of Architects, 1735 New York Avenue, N.W.. Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA • ©1977 HIE. AMERICAN INSTITUTE OF ARCHITEC1S, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 s (This Page Is Blank) t TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general ARCHITECT'S SERVICES AND RESPONSIBILITIES market conditions. BASIC SERVICES 1.3.4 The Architect shall assist the Owner in connection The Architect's Basic Services consist of the five with the Owner's responsibility for filing documents re- phases described in Paragraphs 1.1 through 1.5 and quired f tr the approval of governmental authorities hav- include normal structural, mechanical and electrical ing jurisdiction over the Project. engineering services and any other services included 1.4 BIDDING OR NEGOTIATION PHASE in Article 15 as part of Basic Services. 1.4.1 The Architect, following the Owner's approval of 1.1 SCHEMATIC DESIGN PHASE the Construction Documents and of the latest Statement 1.1.1 The Architect shall review the program furnished of Probable Construction Cost, shall assist the Owner in by the Owner to ascertain the requirements of the Project obtaining bids or negotiated proposals, and assist in and shall review the understanding of such requirements awarding and preparing contracts for construction. vs ith the Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT ti m of the program and the Project budget requirements, 1.5.1 The Construction Phase will commence with the each in terms of the other, subject to the limitations set award of the Contract for Construction and, together with forth in Subparagraph 3.2.1. the Architect's obligation to provide Basic Services under 1.1.3 The Architect shall review with the Owner alterna- this Agreement, will terminate when final payment to the ti.e approaches to design and construction of the Project. Contractor is due, or in the absence of a final Certificate 1.1.4 Based on the mutually agreed upon program and for Payment or of such due date, sixty days after the Date Project budget requirements, the Architect shall prepare, of Substantial Completion of the Work, whichever occurs for approval by the Owner, Schematic Design Documents first. consisting of drawings and other documents illustrating 1.5.2 Unless otherwise provided in this Agreement and the scale and relationship of Project components. incorporated in the Contract Documents, the Architect 1.1.5 The Architect shall submit to the Owner a State- shall provide administration of the Contract for Construc- 'r.ent of Probable Construction Cost based on current tion as set forth below and in the edition of AIA Docu- a:ea, volume or other unit costs. ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a representative of the 1.2.1 Based on the approved Schematic Design Docu- Owner during the Construction Phase, and shall advise ments and any adjustments authorized by the Owner in and consult with the Owner. Instructions to the Contrac- the program or Project budget, the Architect shall pre- tor shall be forwarded through the Architect. The Archi- pare, for approval by the Owner, Design Development tect shall have authority to act on behalf of the Owner Documents consisting of drawings and other documents only to the extent provided in the Contract Documents to fix and describe the size and character of the entire unless otherwise modified by written instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subparagraph 1.5.16. trical systems, materials and such other elements as may 1.5.4 The Architect shall visit .the site at intervals ap- he appropriate. propriate to the stage of construction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architect in writing to become generally statement of Probable Construction Cost. familiar with the progress and quality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be required to make exhaustive or con- tine •nts and any further adjustments in the scope or qual- tinuous on-site inspections to check the quality or quan- It of the Project or in the Project budget authorized by tity of the Work. On the basis of such on-site observa- the Owner, the Architect shall prepare, for approval by tions as an architect, the Architect shall keep the Owner the Owner, Construction Documents consisting of Draw- informed of the progress and quality of the Work, and ini;' and Specifications setting forth in detail the require- shall endeavor to guard the Owner against defects and 'mints for the construction of the Project. deficiencies in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 The Architect shall not have control or charge of tier of the necessary bidding information, bidding forms, and shall not be responsible for construction means, the Conditions of the Contract, and the form of Agree- methods, techniques, sequences or procedures, or for meat between the Owner and the Contractor. safety precautions and programs in connection with the 1.3.3 The Architect shall advise the Owner of any adjust- Work, for the acts or omissions of the Contractor, Sub- AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA4• ©1977 HIL A.IEKICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N W., WASHINGTON, D.C. 20006 B141-1977 3 • contractors or any other persons performing any of the necessary or advisable for the implementation of the intent Work, or for the failure of any of them to carry out the of the Contract Documents,the Architect will have author- Work in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 The Architect shall at all times have access to the accordance with the provisions of the Contract Docu Work wherever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The Architect shall determine the amounts owing 1.5.13 The Architect shall review and approve or take to the Contractor based on observations at the site and on pp evaluations of the Contractor's Applications for Payment, other appropriate action upon the Contractor's submittals and shall issue Certificates for Payment in such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documents. only for conformance with the design concept of the Work and with the information given in the Contract 15. .8 The issuance of Ce rtificate ce a Cert hcate for Payment shall Documents. Such action shall be taken with reasonable constitute a representation by the Architect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architect's observations at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1.5.4 and on the data comprising assembly of which the item is a component. the Contractor's Application for Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the point indicated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledge,information and belief,the qual- the Contract Documents,and shall have authorityto order ity of thet Work is in accordance with the Contract Docu- rnents (subject to an evaluation of the Work for con minor changes in the Work not involving an adjustment formance with the Contract Documents upon Substantial in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Completion, to the results of any subsequent tests re- Documents. quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- 1.5.15 The Architect shall conduct inspections to deter- rectable prior to completion, and to any specific qualifica- mine the Dates of Substantial Completion and final com- tions stated in the Certificate for Payment); and that the pletion, shall receive and forward to the Owner for the Contractor is entitled to payment in the amount certified. Owner's review written warranties and related documents However, the issuance of a Certificate for Payment shall required by the Contract Documents and assembled by not be a representation that the Architect has made any the Contractor, and shall issue a final Certificate for Pay- examination to ascertain how and for what purpose the ment. Contractor has used the moneys paid on account of the 1.5.16 The extent of the duties, responsibilities and lim- Contract Sum. itations of authority of the Architect as the Owner's rep- 1.5.9 The Architect shall be the interpreter of the re- resentative during construction shall not be modified or quirements of the Contract Documents and the judge of extended without written consent of the Owner, the Con- the performance thereunder by both the Owner and tractor and the Architect. Contractor. The Architect shall render interpretations nec- 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES essary for the proper execution or progress of the Work ith reasonable promptness on written request of either 1.6.1 If the Owner and Architect agree that more ex- the Owner or the Contractor, and shall render written de- tensive representation at the site than is described in . sons, within a reasonable time, on all claims, disputes Paragraph 1.5 shall be provided, the Architect shall pro- and other matters in question between the Owner and the vide one or more Project Representatives to assist the Contractor relating to the execution or progress of the Architect in carrying out such responsibilities at the site. Work or the interpretation of the Contract Documents. 1.6.2 Such Project Representatives shall be selected, em- 1.5.10 Interpretations and decisions of the Architect shall ployed and directed by the Architect, and the Architect be consistent with the intent of and reasonably inferable shall be compensated therefor as mutually agreed be- from the Contract Documents and shall be in written or tween the Owner and the Architect as set forth in an ex- graphic form. In the capacity of interpreter and judge, hibit appended to this Agreement, which shall describe the Architect shall endeavor to secure faithful perform- the duties, responsibilities and limitations of authority of ance by both the Owner and the Contractor, shall not such Project Representatives. show partiality to either, and shall not be liable for the 1.6.3 Through the observations by such Project Repre- result of any interpretation or decision rendered in goad sentatives, the Architect shall endeavor to provide further faith in such capacity. protection for the Owner against defects and deficiencies 1.5.11 The Architect's decisions in matters relating to in the Work,but the furnishing of such project representa- ,artistic effect shall be final if consistent with the intent of tion shall not modify the rights, responsibilities or obliga- the Contract Documents. The Architect's decisions on tions of the Architect as described in Paragraph 1.5. any other claims, disputes or other matters, including 1.7 ADDITIONAL SERVICES those in question between the Owner and the Contractor, The following Services are not included in Basic shall he subject to arbitration as provided in this Agree Services unless so identified in Article 15. The shall ment and in the Contract Documents. Y be provided if authorized or confirmed in writing by 1.5.12 The Architect shall have authority to reject Work the Owner, and they shall be paid for by the Owner which does not conform to the Contract Documents. as provided in this Agreement, in addition to the Whenever, in the Architect's reasonable opinion, it is compensation for Basic Services. 4 8141-1977 AIA DOCUMENT 8141 • OWNER.ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • ALAS• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 • -• 1.7.1 Providing analyses of the Owner's needs, and pro- struction, and furnishing services as may be required in gramming the requirements of the Project. connection with the replacement of such Work. 1.7.2 Providing financial feasibility or other special 1.7.16 Providing services made necessary by the default studies. of the Contractor, or by major defects or deficiencies in 1.7.3 Providing planning surveys, site evaluations, envi- the Work of the Contractor, or by failure of performance ronrnental studies or comparative studies of prospective Cf eitheronstrr the Owner or Contractor under the Contract for sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities 1.7.17 Preparing a set of reproducible record drawings or others having jurisdiction over the Project. showing significant changes in the Work made during construction based on marked-up prints, drawings and 1.7.4 Providing services relative to future facilities, sys- other data furnished by the Contractor to the Architect. tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, 1.7.5 Providing services to investigate existing conditions adjusting and balancing, preparation of operation and or facilities or to make measured drawings thereof, or to maintenance manuals, training personnel for operation verify the accuracy of drawings or other information fur- and maintenance, and consultation during operation. Wished by the Owner. 1.7.19 Providing services after issuance to the Owner of 1.7.6 Preparing documents of alternate, separate or the final Certificate for Payment, or in the absence of a sequential bids or providing extra services in connection final Certificate for Payment, more than sixty days after with bidding, negotiation or construction prior to the the Date of Substantial Completion of the Work. completion of the Construction Documents Phase, when 1.7.20 Preparing to serve or serving as an expert witness requested by the Owner. in connection with any public hearing, arbitration pro- 1.7.7 Providing coordination of Work performed by ceeding or legal proceeding. separate contractors or by the Owner's own forces. 1.7.21 Providing services of consultants for other than 1.7.8 Providing services in connection with the work of the normal architectural, structural, mechanical and elec- a construction manager or separate consultants retained trical engineering services for the Project. by the Owner. 1.7.22 Providing any other services not otherwise in- 1.7.9 Providing Detailed Estimates of Construction Cost, cluded in this Agreement or not customarily furnished in nalyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. lily surveys or inventories of material, equipment and 1.8 TIME labor. 1.8.1 The Architect shall perform Basic and Additional 1.7.10 Providing interior design and other similar ser- Services as expeditiously as is consistent with professional ces required for or in connection with the selection, skill and care and the orderly progress of the Work. Upon procurement or installation of furniture, furnishings and request of the Owner, the Architect shall submit for the related equipment. Owner's approval a schedule for the performance of the 1.7.11 Providing services for planning tenant or rental Architect's services which shall be adjusted as required as spat es. the Project proceeds,and shall include allowances for peri- ods of time required for the Owner's review and approval 1.7.12 Making revisions in Drawings, Specifications or of submissions and for approvals of authorities having other documents when such revisions are inconsistent jurisdiction over the Project.This schedule,when approved with written approvals or instructions previously given, by the Owner, shall not, except for reasonable cause, be are required by the enactment or revision of codes, laws exceeded by the Architect. or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. ARTICLE 2 1.7.13 Preparing Drawings, Specifications and supporting THE OWNER'S RESPONSIBILITIES data and providing other services in connection with Ch,,nge Orders to the extent that the adjustment in the 2.1 The Owner shall provide full information regarding Basic Compensation resulting from the adjusted Con- requirements for theProject including a program, which struction Cost is not commensurate with the services re- shall set forth the Owner's design objectives, constraints quired of the Architect, provided such Change Orders are and criteria, including space requirements and relation required by causes not solely within the control of the ships, flexibility and expandability, special equipment and Architect systems and site requirements. 'I.7.14 Making investigations, surveys, valuations, inven 2.2 If the Owner provides a budget for the Project it tones or detailed appraisals of existing facilities, and sery shall include contingencies for bidding, changes in the ic:es required in connection with construction performed Work during construction, and other costs which are the by the Owner. responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, 1.7.15 Providing consultation concerning replacement of at the request of the Architect, provide a statement of 'ny Work damaged by fire or other cause during con- funds available for the Project,and their source. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 IHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 . 2.3 The Owner shall designate, when necessary, a rep- signed, specified, selected or specially provided for by resentative authorized to act in the Owner's behalf with the Architect. respect to the Project. The Owner or such authorized 3.1.3 Construction Cost does not include the compen- representative shall examine the documents submitted by sation of the Architect and the Architect's consultants, the Architect and shall render decisions pertaining thereto the cost of the land, rights-of-way, or other costs which promptly, to avoid unreasonable delay in the progress of are the responsibility of the Owner as provided in Arti- the Architect's services. cle 2. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, 3.2 RESPONSIBILITY FOR CONSTRUCTION COST grades and lines of streets, alleys, pavements and adjoin- 3.2.1 Evaluations of the Owner's Project budget, State- ing property; rights-of-way, restrictions, easements, en- ments of Probable Construction Cost and Detailed croachments, zoning, deed restrictions, boundaries and Estimates of Construction Cost, if any, prepared by the contours of the site; locations, dimensions and complete Architect, represent the Architect's best judgment as a data pertaining to existing buildings, other improvements design professional familiar with the construction indus- and trees; and full information concerning available serv- try. It is recognized, however, that neither the Architect ice and utility lines both public and private, above and nor the Owner has control over the cost of labor, mate- below grade, including inverts and depths. rials or equipment, over the Contractor's methods of de- 2..5 The Owner shall furnish the services of soil engi- termining bid prices, or over competitive bidding, market veers or other consultants when such services are deemed or negotiating conditions. Accordingly, the Architect necessary by the Architect. Such services shall include test cannot and does not warrant or represent that bids or borings, test pits, soil bearing values, percolation tests, air negotiated prices will not vary from the Project budget and water pollution tests, ground corrosion and resistivity proposed, established or approved by the Owner, if any, tests, including necessary operations for determining sub- or from any Statement of Probable Construction Cost or soil, air and water conditions, with reports and appropri- other cost estimate or evaluation prepared by the Archi- ate professional recommendations. tect. 2.6 The Owner shall furnish structural, mechanical, 3.2.2 No fixed limit of Construction Cost shall be estab- chemical and other laboratory tests, inspections and re- lished as a condition of this Agreement by the furnishing,. ports as required by law or the Contract Documents. proposal or establishment of a Project budget under Sub- ' 2.7 The Owner shall furnish all legal, accounting and in- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 Theservices fixed limit has been agreed upon in writing and.signed by counselingsur as may be necessary at any the parties hereto. If such a fixed limit has been estab- time for the Project, including such auditing services as lished, the Architect shall be permitted to include con the Owner may require to verify the Contractor's Applica- tingencies for design, bidding and price escalation, to de dons for Payment or to ascertain how or for what pur termine what materials, equipment, component systems poses the Contractor uses the moneys paid by or on be- and types of construction are to be included in the Con- half of the Owner, tract Documents, to make reasonable adjustments in the 2.8 The services, information, surveys and reports re- scope of the Project and to include in the Contract Docu- quired by Paragraphs 2.4 through 2.7 inclusive shall be ments alternate bids to adjust the Construction Cost to the furnished at the Owner's expense, and the Architect shall fixed limit. Any such fixed limit shall be increased in the be entitled to rely upon the accuracy and completeness amount of any increase in the Contract Sum occurring thereof. after execution of the Contract for Construction. 2.9 If the Owner observes or otherwise becomes aware 3.2.3 If the Bidding or Negotiation Phase has not corn- of any fault or defect in the Project or nonconformance menced within three months after the Architect submits with the Contract Documents, prompt written notice the Construction Documents to the Owner, any Project thereof shall be given by the Owner to the Architect. budget or fixed limit of Construction Cost shall be ad- 2.10 The Owner shall furnish required information and justed to reflect any change in the general level of prices services and shall render approvals and decisions as ex- in the construction industry between the date of submis- peditiously as necessary for the orderly progress of the sion of the Construction Documents to the Owner and Architect's services and of the Work. the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction ARTICLE 3 Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- CONSTRUCTION COST posal, the Owner shall (1) give written approval of an 3.1 DEFINITION increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if 3.1.1 The Construction Cost shall be the total cost or the Project is abandoned, terminate in accordance with estimated cost to the Owner of all elements of the Project Paragraph 10.2, or (4) cooperate in revising the Project deigned or specified by the Architect. scope and quality as required to reduce the Construction 3.1.2 The Construction Cost shall include at current Cost. In the case of (4), provided a fixed limit of Construc- market rates, including a reasonable allowance for over- Lion Cost has been established as a condition of this Agree- head and profit, the cost of labor and materials furnished ment, the Architect,without additional charge, shall mod- by the Owner and any equipment which has been de- ify the Drawings and Specifications as necessary to comply AR DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA&• 0 1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 1 with the fixed limit. The providing of such service shall be or extended through no fault of the Architect, compensa- the limit of the Architect's responsibility arising from the tion for any Basic Services required for such extended establishment of such fixed limit, and having done so, the period of Administration of the Construction Contract Architect shall be entitled to compensation for all services shall be computed as set forth in Paragraph 14.4 for Addi- performed, in accordance with this Agreement, whether tional Services. or not the Construction Phase is commenced. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are ARTICLE 4 deleted or otherwise not constructed, compensation for DIRECT PERSONNEL EXPENSE such portions of the Project shall be payable to the extent services are performed on such portions, in accordance 4.1 Direct Personnel Expense is defined as the direct sal- with the schedule set forth in Subparagraph 14.2.2, based aries of all the Architect's personnel engaged on the Proj- on (1) the lowest bona fide bid or negotiated proposal or, ect, and the portion of the cost of their mandatory and (2) if no such bid or proposal is received, the most recent customary contributions and benefits related thereto,such Statement of Probable Construction Cost or Detailed Esti- as employment taxes and other statutory employee bene- mate of Construction Cost for such portions of the Project. fits, insurance, sick leave, holidays, vacations, pensions 6.2 PAYMENTS ON ACCOUNT OF and similar contributions and benefits. ADDITIONAL SERVICES ARTICLE 5 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable REIMBURSABLE EXPENSES Expenses as defined in Article 5 shall be made monthly upon presentation of the Architect's statement of services 5.1 Reimbursable Expenses are in addition to the Corn- rendered or expenses incurred. pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- PAYMENTS WITHHELD tect's employees and consultants in the interest of the 6.3.1 No deductions shall be made from the Architect's Project for the expenses listed in the following Sub- compensation on account of penalty, liquidated damages paragraphs: or other sums withheld from payments to contractors, or 5.1.1 Expense of transportation in connection with the on account of the cost of changes in the Work other than Project; living expenses in connection with out-of-town those for which the Architect is held legally liable. travel; long distance communications; and fees paid for 6.4 PROJECT SUSPENSION OR TERMINATION securing approval of authorities having jurisdiction over 6.4.1 If the Project is suspended or abandoned in whole the Project. or in part for more than three months, the Architect shall 5.1.2 Expense of reproductions, postage and handling of be compensated for all services performed prior to receipt Drawings, Specifications and other documents, excluding of written notice from the Owner of such suspension or reproductions for the office use of the Architect and the abandonment, together with Reimbursable Expenses then Architect's consultants. due and all Termination Expenses as defined in Paragraph 5.1.3 Expense of data processing and photographic pro- 10.4. If the Project is resumed after being suspended for duction techniques when used in connection with Addi- more than three months, the Architect's compensation tional Services. shall be equitably adjusted. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. ARTICLE 7 5.1.5 Expense of renderings, models and mock-ups re- ARCHITECT'S ACCOUNTING RECORDS quested by the Owner. 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses per- limits, including professional liability insurance, requested raining to Additional Services and services performed on by the Owner in excess of that normally carried by the the basis of a Multiple of Direct Personnel Expense shall Architect and the Architect's consultants. be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner's authorized representative at mutually convenient ARTICLE 6 times. PAYMENTS TO THE ARCHITECT ARTICLE 8 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES OWNERSHIP AND USE OF DOCUMENTS 6.1.1 An initial payment as set forth in Paragraph 14.1 is 8.1 Drawings and Specifications as instruments of serv- the minimum payment under this Agreement. ice are and shall remain the property of the Architect 6.1.2 Subsequent payments for Basic Services shall be whether the Project for which they are made is executed made monthly and shall be in proportion to services per- or not. The Owner shall be permitted to retain copies, in- formed within each Phase of services, on the basis set eluding reproducible copies, of Drawings and Specifica- forth in Article 14. tions for information and reference in connection with the 6.1.3 If and to the extent that the Contract Time initially Owner's use and occupancy of the Project. The Drawings established in the Contract for Construction is exceeded and Specifications shall not be used by the Owner on AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977• AIAO• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 i j _ , other projects, for additions to this Project, or for comple- 10.4 Termination Expenses include expenses directly at- lion of this Project by others provided the Architect is not tributable to termination for which the Architect is not in default under this Agreement, except by agreement in otherwise compensated, plus an amount computed as a writing and with appropriate compensation to the Archi- percentage of the total Basic and Additional Compensa- tect. Lion earned to the time of termination, as follows: 8.2 Submission or distribution to meet official regulatory .1 20 percent if termination occurs during the Sche- requirements or for other purposes in connection with the matic Design Phase; or Project is not to be construed as publication in derogation .2 10 percent if termination occurs during the Design of the Architect's rights. Development Phase; or .3 5 percent if termination occurs during any subse- ARTICLE 9 quent phase. ARBITRATION ARTICLE 11 9.1 All claims, disputes and other matters in question MISCELLANEOUS PROVISIONS between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be 11.1 Unless otherwise specified, this Agreement shall be decided by arbitration in accordance with the Construc- governed by the law of the principal place of business of tun Industry Arbitration Rules of the American Arbitra- Architect. tion Association then obtaining unless the parties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree otherwise. No arbitration, arising out of or re- ing as those in AIA Document A201, General Conditions lating to this Agreement, shall include, by consolidation, of the Contract for Construction, current as of the date joinder or in any other manner, any additional person not of this Agreement. a party to this Agreement except by written consent con- 11.3 As between the parties to this Agreement: as to all [dining a specific reference to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the Owner, and any other person sought any applicable statute of limitations shall commence to to be joined. Any consent to arbitration involving an ad- run and any alleged cause of action shall be deemed to ditional person or persons shall not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispute not described therein or with vant Date of Substantial Completion of the Work, and as any person not named or described therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and any agreement to arbitrate with an Date of Substantial Completion, not later than the date of additional person or persons duly consented to by the issuance of the final Certificate for Payment. parties to this Agreement shall be specifically enforceable 11.4 The Owner and the Architect waive all rights under the prevailing arbitration law. against each other and against the contractors, consult- 9.2 Notice of the demand for arbitration shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this Agreement and with ered by any property insurance during construction as set the American Arbitration Association. The demand shall forth in the edition of AIA Document A201, General Con- be made within a reasonable time after the claim, dispute ditions, current as of the date of this Agreement. The or other matter in question has arisen. In no event shall Owner and the Architect each shall require appropriate e the demand for arbitration be made after the date when q similar waivers from their contractors, consultants and institution of legal or equitable proceedings based on agents. such claim, dispute or other matter in question would be barred by the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be final, SUCCESSORS AND ASSIGNS and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 12.1 The Owner and the Architect, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and 1 ARTICLE 10 to the partners, successors, assigns and legal representa- TERMINATION OF AGREEMENT tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall 10.1 This Agreement may be terminated by either party assign, sublet or transfer any interest in this Agreement upon seven days' written notice should the other party without the written consent of the other. fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. ARTICLE 13 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect EXTENT OF AGREEMENT in the event that the Project is permanently abandoned. 13.1 This Agreement represents the entire and integrated 10.3 In the event of termination not the fault of the Ar- agreement between the Owner and the Architect and chitect, the Architect shall be compensated for all services supersedes all prior negotiations, representations or agree- performed to termination date, together with Reimburs- ments, either written or oral. This Agreement may be able Expenses then due and all Termination Expenses as amended only by written instrument signed by both detined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA'• ©1977 8 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AViSCXXXXXOMXIXXXXXXXXXXXXXXXXXXXXXXXXXXXXXrX(I�XXXXXX shall be made upon execution of this Agreement n p t and credited to the Owner's account as follows: 8 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: tl i fe insert basis of compensation, including fixed amounts, multiples or percentages,and identify Phases to which particular methods of compensa- tion apply, if necessary.) Compensation for basic services described in Paragraphs 1. 1 through 1. 4 shall be a Fixed Fee of Seven Thousand Seven Hundred Fifty Dollars ($7, 750. 00). If requested by the Owner, the compensation for basic services during construction phase (Paragraph 1. 5) shall be based on a Multiple of Direct Personnel Expense as described in Paragraph 14. 4. • 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: twenty percent(20 %) Design Development Phase: twenty—five percent(25 %) Construction Documents Phase: fifty percent( 50 %) Bidding or Negotiation Phase: five percent( 5 %) GE'AIC K Total: one hundred percent MXX (100 70) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIM)• ©1977 f OOE A.ILRTAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D C. 20006 B141-1977 9 14.4 COMPENSATION FOR ADDITIONAL SERVICES 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here snort basis of compensation, including rates and/or multiples of Dire(' Personnel Expense for Principals and employees, and identify Principals and Glassily employees, if required. Identify specific services to sshich particular methods of compensation apply, if necessary.) Partner time $38. 00 per hour Employee time as a multiple of two and one-half (2. 5) times the direct personnel expense. '14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services,a multiple of one and one—half 1. 5 1 times the amounts billed to the Architect for such services. 'Identify specific types of consultants in Arr.cle 15, it requvr'l 14.5 FOR REIMBURSABLE EXPENSES,as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses,a multiple of one ( 1. 0 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. i4.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. Here insert any rate of interest agreed upon.) Usury laws and requirements under the federal Truth in Lending Act, similar state and local consumer credit laws and other regulation: at the Owner's and Architect's principal;,places of business, the location of the Protect and elsewhere may affect the validity of this provision Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers I • 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed within twelve (1 a months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. AIA DOCUMENT 13141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIM, • ©1977 10 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 ARTICLE 15 OTHER CONDITIONS OR SERVICES AIA DOCUMENT 1141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION• JULY 1977• AIM• ©1977 Ih!E AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 11 • This Agreement entered into as of the day and year first written above. OWNER The City of Elgin ARCHITECT Kaltenbach and Ferenc ()-Zyg w BY BY 7' AIA DOCUMENT 13141 • OWNER.ARCHI I ECT AGREEMENT • 1HIRTEENHi EDITION • JULY 1977 • AIA$ • ©1977 12 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W., WASHINGTON, D.C. 20006 Bond No. 5739386 INSURANCE PROM Continental Casualty Company CNA CNA Plaza Chicago, Illinois 60685 THE AMERICAN INSTITUTE OF ARCHITECTS *NI '/ I AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that Illinois Hydraulic Construction Co. (Here insert full name and address or legal title of Contractor) 1797 LaFox Street, South Elgin, Illinois 60177 as Principal, hereinafter called Contractor, and, CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago, III. 60685 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Elgin, (Here insert full name and address or legal title of Owner) 150 Dexter Court, Elgin, Illinois 60120 as Obligee, hereinafter called Owner, in the amount of Seventy-Five Thousand Three Hundred Fifteen and no/100 Dollars ($ 75,315.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated August 14, 19 81, entered into a contract with Owner for Contract A: General Construction - Douglas Avenue Streetscape, Elgin, Illinois in accordance with Drawings and Specifications prepared by Kaltenbach and Ferenc (Here insert full name and address or legal title of Architect) 17 Douglas Avenue, Elgin, Illinois 60120 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. MA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY,1970,ED. •THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASH., D.C. 20006 Form 1-23195-C NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or defaults under the contract or contracts of completion extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; Whenever Contractor shall be, and declared by Owner but not exceeding, including other costs and damages to be in default under the Contract, the Ovvner having for which the Surety may be liable hereunder,the amount performed Owner's obligations thereunder, the Surety set forth in the first paragraph hereof. The term "balance may promptly remedy the default, or shall promptly of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor 1) Complete the Contract in accordance with its terms under the Contract and any amendments thereto, less and conditions, or the amount properly paid by Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted before accordance with its terms and conditions, and upon de- the expiration of two (2) years from the date on which termination by Surety of the lowest responsible bidder, final payment under the Contract falls due. or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible No right of action shall accrue on this bond to or for bidder, arrange for a contract between such bidder and the use of any person or corporation other than the Owner, and make available as Work progresses (even Owner named herein or the heirs, executors, adminis- though there should be a default or a succession of trators or successors of Owner. Signed and sealed this 1st dayof September, 19 81. g Illinois Hydraulic Construction Co. (Principal) (Seal Attest: (Witness) By: �2r (Title) CONTINENTAL CASUALTY COMPANY (Surety) seaq Notary affidavit attached (Witness) (Title) John P. Briick,-'Attorney-in-Fact & Resident Agent THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS • • t . • • • Bond No. 5739386 CNAINSURANCE °"' Continental Casualty Company CNA Plaza Chicago, Illinois 60685 THE AMERICAN INSTITUTE OF ARCHITECTS , ,iiw/ AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE- OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that Illinois Hydraulic Construction Co. (Here insert full name and address or legal title of Contractor) 1797 LaFox Street, South Elgin, Illinois 60177 as Principal, hereinafter called Contractor, and, CONTINENTAL CASUALTY COMPANY, CNA Plaza, Chicago, III. 60685 as Surety, hereinafter called Surety, are held and firmly bound unto The City of Elgin,g (Here insert full name and address or legal title of Owner) 150 Dexter Court, Elgin, Illinois 60120 as Obligee, hereinafter called Owner, for the use and benefits of claimants as hereinbelow defined, in the amount ofSeventy-Five Thousand Three Hundred Fifteen and no/10(Dollars ($ 75,315.00 ), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated August 14, 1981 , entered into a contract with Owner for Contract A: General Construction - Douglas Avenue Streetscape, Elgin, Illinois in accordance with Drawings and Specifications prepared by Kaltenbach and Ferenc (Here insert full name and address or legal title of Architect) 17 Douglas Avenue, Elgin, Illinois 60120 which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 • PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND • AIA FEBRUARY,1970,ED. •THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE., N.W.,WASH., D.C.20006 Form 1-23196-C NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- accuracy the amount claimed and the name of the party tract with the Principal or with a Subcontractor of the to whom the materials were furnished, or for whom Principal for labor, material, or both, used or reasonably the work or labor was done or performed. Such notice required for use in the performance of the Contract, shall be served by mailing the same by registered mail labor and material being construed to include that part or certified mail, postage prepaid, in an envelope ad- of water, gas, power, light, heat, oil, gasoline, telephone dressed to the Principal, Surety or Owner, at any place service or rental of equipment directly applicable to the where an office is regularly maintained for the trans- Contract. action of business, or served in any manner in which legal process may be served in the state in which the 2. The above named Principal and Surety hereby aforesaid project is located, save that such service need jointly and severally agree with the Owner that every pot be made by a public officer. claimant as herein defined, who has not been paid in b) After the expiration of one (1) year following the full before the expiration of a period of ninety (90) date on which Principal ceased Work on said Contract, days after the date on which the last of such claimant's it being understood, however, that if any limitation em- work or labor was done or performed, or materials were bodied in this bond is prohibited by any law controlling furnished by such claimant, may sue on this bond for the construction hereof such limitation shall be deemed the use of such claimant, prosecute the suit to final to be amended so as to be equal to the minimum period judgment for such sum or sums as may be justly due of limitation permitted by such law. claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses c) Other than in a state court of competent jurisdiction of any such suit. in and for the county or other political subdivision of the state in which the Project, or any part thereof, is 3. No suit or action shall be commenced hereunder situated, or in the United States District Court for the any claimant: district in which the Project, or any part thereof, is sit- byuated, and not elsewhere. a) Unless claimant, other than one having a direct contract with the Principal, shall have given written 4. The amount of this bond shall be reduced by and notice to any two of the following: The Principal, the to the extent of any payment or payments made in good Owner, or the Surety above named, within ninety (90) faith hereunder, inclusive of the payment by Surety of days after such claimant did or performed the last of mechanics' liens which may be filed of record against the work or labor, or furnished the last of the materials said improvement, whether or not claim for the amount for which said claim is made, stating with substantial of such lien be presented under and against this bond. Signed and sealed this 1st day of September, 1981 Illinois Hydraulic Construction Co. C-)s-6A1\ \ (Principal) (Seal) Attest: (Witness) By �rs (Title) CONTINENTAL CASUALTY COMPANY (Surety) (Seal) Notary affidavit attached (Witness) -) }7. -� (Title) John P. Briic , Attorney-in-Fact & Resident Agent THIS BOND HAS BEEN REPRODUCED BY PERMISSION OF THE AMERICAN INSTITUTE OF ARCHITECTS • • f r Continental Casualty Company INSURANCE FROM ANCIN/Ai,, ILLINOIS CORPORATION POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men by these Presents, That CONTINENTAL CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Illinois, and having its principal office in the City of Chicago, and State of Illinois, does hereby make, constitute and appoint John P. Briick, Individually ___ of East Dundee, Illinois its true and lawful Attorney-in-Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, under- takings and other obligatory instruments of similar nature as follows: Without Limitations and to bind CONTINENTAL CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of CONTINENTAL CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The President or a Vice President may, from time to time, appoint by written •,certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and , ether obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates 1 of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 3rd day of April, 1957. "Resolved, that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company." In Witness Whereof, CONTINENTAL CASUALTY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be hereto affixed to this 12th day of June , 19_9_. CONTINENT AL► COMPANY r`�•usu.', State of Illinois 1 ss i c°•,O''r, County of Cook ( .,/ \J SEAL ?� �i `/liL \Uri// all Vice President. 1 On this 12th day of June ., 19 79 , before me personally came R. J. Wall to me known, who, being by me duly sworn, did depose and say: that he resides in the Village Of Western Springs, State of Illinois; that he is a Vice-President of CONTINENTAL CASUALTY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. NOTARY -- o PUB •LIC Irene Bieniewski Notary Public. oofCount \\ CERTIFICATE My Commission Expires October 10, 1982 I, P. F. Granahan , Assistant Secretary of CONTINENTAL CASUALTY COMPANY, do hereby certify that the Power of Attorney herein above set forth is still in force, and further certify that Section 3 of Article IX of the By-Laws of the Company and the Resolution of the Board of Directors, set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said Company this_ 1St day of___.__ Septemberz_ _ 19 81 z �a P. F. Granahan Assistant Secretary. Z o� SEAL S U.1 Form 1-23142-A • • • • 1 23208-A STATE OF Illinois ss. COUNTY OF Kane J 1, DiettaD. Briick_ Notary Public of Kane County, in the State of Illinois , do hereby certify that John P. Bri i ck__ Attorney-in-fact, of the Continental Casualty Company, who Is person- ally known to me to be the same person whose name- is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed, sealed and delivered said instrument, for and on behalf of the Continental Casualty Company, for the uses and purposes therein set forth. Given under my hand and notarial seal at my office in the City of East Dundee, in said County, this 1st day of - September, A. D. 19 81 My Commission Expires 7.16-84 Notary Public. ra•. ;� ,r „`,, wt: f'� '‘'..,;..'",, ,..,_,:i., ''i a • /� h!`' `' '.S '' ',.., ' * ,- • 1. \�`•^ k r• . ;` T - •s' e�f cat a + nvs� cVat•S • • a ih ccOrcJ. TR11S:CERTIFICATE IS'ISSUEOO`ASrA MkFTER/O INFORMA't a 'O A N4 RIGHTS UPOk'THE CERTJFICATE'HOLDER+ t TH19FCERTIFICATE+'01UStNO7&`AMEND `E74TEN OIitvALTE PRAC G FIFRDEE Br..THE,POLICIE ' I IS f Err GEj.OW . is, NAME AND ADDRESS OF AGENCY I;'. THE ASSURANCE AGENCY (3-J COMPANY) COMPANIES AFFORDING COVERAGES i . 1114 North Arlington Heights Road COMPANY ' Arlington Heights, Illinois 60004 LETTER A Casualty Insurance Company COMPANY B LETTER Granite States Insurance Company e NAME AND ADDRESS OF INSURED COMPANY t Illinois Hydraulic Construction Company, Inc. C+ American Excess Insurance Company LETTER i'.,_ Box 545 COMPANY D f` Elgin, Illinois 60120 LETTER COMPANY E r} LETTER $ .,• This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions and conditions of such policies. POLICY Limits of Liability in Thousands(000) F• COMPANY" LEITER TYPE OF INSURANCE POLICY NUMBER EXPIRATION DATE OCCEACH URRENCE AGGREGATE ' 'V. ` GENERAL LIABILITY BODILY INJURY $ 500 $ 500 T :f- E COMPREHENSIVE FORM r� s.t%t. . IX]' PREMISES—OPERATIONS GALX 20192 10-1-81 PROPERTY DAMAGE $ 100 $ 100 t•('ss:- A Lam' EXPLOSION AND COLLAPSE ,-- r77 HAZARD © UNDERGROUND HAZARD I.--<,• IR PRODUCTS,COMPLETED OPERATIONS HAZARD BODILY INJURY AND i ` PROPERTY DAMAGE $ $ XI CONTRACTUAL INSURANCE . t'x/ (1 BROAD FORM PROPERTY COMBINED e;; I DAMAGE t ®� INDEPENDENT CONTRACTORS Sr ,� I ] PERSONAL INJURY� PERSONAL INJURY $ 500 _►7�BEL� i r AUTOMOBILE LIABILITY BODILY INJURY fir. •(EACH PERSON) $ <'. f IXl COMPREHENSIVE FORM BODILY INJURY $ (EACH ACCIDENT) • ,"' A . OWNED GALX 20192 10-1-81 .- PROPERTY DAMAGE $ i....?.- X HIRED I. 4: " Ta'. BODILY INJURY AND ..` F° [� NON-OWNED PROPERTY DAMAGE $ 500 COMBINED ' EXCESS LIABILITY BODILY INJURY AND i,,~S, B I L_J ''dBRELLA FORM PROPERTY DAMAGE $ 5,000 $5,000 OTHER THAN UMBRELLA 6680-7660 10-1-81 COMBINED -,.... FORM `! WORKERS'COMPENSATION STATUTORY A and WCX 20192 10-1-81 :• , EMPLOYERS'LIABILITY Ji' $ 100 lEACHAC ,MW i r,l OTHER ` , C Excess Over EUL 507 58 14 10-1-81 5,000 Excess of 5,000 limit t • Umbrella DESCRIPTION OF ORE RAT ION u ATIONS VEHICLES *General Liability-Host Liquor Employees as Additional Insureds I'. t DOUGLAS AVENUE STREET SCOPE Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing corn- :.:r parry will endeavor to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. • NAME L`a::,:'[RE`S,iF CERTIFICATE HOLDER• I AUGUST 31, 198 i' KALTENBACH & FERENC , ISSUED- 17 DOUGLAS AVENUE FTr;IN, ILLINOIS 60120 -ZA-en..0..., %(!._ c"'" %-)4j2j i 1.a, ASSUP;'A SEg4°4ENNNCY a - aco. `-. ACORD 25(1 79) ,. -..;,,.:,-, ..4 ,,. --_....",tcv::: P.- -. wa; -:':4-i"S' ''-= ..sn:W.+.r3dtr=3'.; tz'�y Sri-, ..' , _Sa 6.. .. .`i7,73 .4' _ .`"s,:.,.,'.. THE AMERICAN INSTITUTE OF ARCHITECTS OH AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Fourteenth day of August in the year of Nineteen Hundred and Eighty-One BETWEEN the Owner: The City of Elgin 150 Dexter Court Elgin, Illinois 60120 and the Contractor: Illinois Hydraulic Construction Company 1797 LaFox Street South Elgin, Illinois 60177 The Project: Douglas Avenue Streets cape Elgin, Illinois The Architect: Kaltenbach and Ferenc 17 Douglas Avenue Elgin, Illinois 60120 The Owner and the Contractor agree as set forth below. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961,1963, 1967, 1974, ® 1977 by the American Institute of Architects, 1735 New York Avenue, N.W.,Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Contract A: General Construction Douglas Avenue Streetscape Elgin, Illinois ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced (*) and, subject to authorized adjustments, Substantial Completion shall be achieved not later than one hundred (Here insert any special provisions for liquidated damages relating to failure to complete on time.) fifty consecutive calendar days from commencement (*) no later than September 14, 1981 if such date will permit the completion of Contract B: Pedestrian Paving by the date of November 1, 1981 (or) the earliest date in the year 1982 that will permit the completion of Contract B: Pedestrian Paving during weather and temperature conditions suitable to the proper installation of paving materials. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of Seventy Five Thousand Three Hundred Fifteen and no/100 Dollars ($75, 315. 00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Based upon the Schedule of Unit Prices listed under Contract A, pages 2 and 3 of the proposal form. Basis of payment shall be as prescribed in the specifications and contract documents. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the last day of the month as follows: Not later than ten days following the end of the period covered by the Application for Payment ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety-five percent ( 95%) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (If not covered elsewhere in the Contract Documents,here insert any provision for limiting or reducing the amount retained after the Work reaches a certain stage of completion.) Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of interest agreed upon.) (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision.Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • Alike ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents,which constitute the entire agreement between the Owner and the Contractor,are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement,the Conditions of the Contract(General,Supplementary,and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates,showing page or sheet numbers in all cases and dates where applicable.) Instructions to Bidders, dated May 1, 1981 General Conditions, dated May 1, 1981 Supplementary General Conditions, dated May 1, 1981 Specifications, Division 1, 2 (excluding only the following sub-sections: 2D-1, 2D-3, 2D-4 and 2D-5), 3 and 16, dated May 1, 1981 Drawings, Sheets S-1, S-2, A-1, A-2 and A-3, dated May 1, 1981 Contractor's Proposal, dated July 14, 1981 This Agreement, dated August 14, 1981 This Agreement entered into s of t day and year first written above. OWNE T C' f gin CONTRACTOR Illinois Hydraulic Construction Company^ B B y'` AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-1977 4