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88-0915 DES Incorporated Kaltenbach
Ck-IlsCtssAL, %is-0'1 IS THE AMERICAN INSTITUTE OF ARCHITECTS 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 Fifteenth day of September in the year of Nineteen Hundred and Eighty-Eight BETWEEN the Owner: City of Elgin 150 Dexter Court Elgin, Illinois 60120 and the Contractor: DES, Incorporated 70 South River Street, Suite 2 Aurora, Illinois 60506 The Project: Restrooms and Storage Facilities Wing and Lord's Parks 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. A1A 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 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 the Restrooms and (Here insert the caption descriptive of the Work as used on other Contract Documents.) Storage Facilities for the City of Elgin' Wing Park and Lord's Park, Elgin, Illinois. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced upon notification to proceed and, subject to authorized adjustments, Substantial Completion shall be achieved not later than November 15, (Here insert any special provisions for liquidated damages relating to lailure to complete on time.) 1988. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAe ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-14, 2 �C.c- 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 One Hundred Forty—Two Thousand Forty—Two Dollars ($142,042.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount,accepted alternates,and unit prices,as applicable.) Base bid: A. Wing Park $ 69,223.00 B . Lord's Park $ 72,819.00 Total Contract Sum $142,042.00 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 fifteen 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 • AIA® ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A101-19' t I. . 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 June 10, 1988 General Conditions, dated June 10, 1988 Supplementary General Conditions, dated June 10, 1988 Specifications, dated June 10, 1988 Drawings - Sheets 1 through 5, dated June 10, 1988 Contractor's Proposal, dated August 25, 1988 Contractor's Letter, dated September 9, 1988 This Agreement, dated September 15, 1988 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR CITY OF ELGIN DES, N oz; B 111,, By. le________, 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 THE AMERICAN INSTITUTE OF ARCHITECTS :1111111,/, kAg, aalp, BOND NO. 1161972 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): D.E.S. , INC. AMWEST SURETY INSURANCE COMPANY 70 South River Street, Suite 2 P.O. Box 4500 Aurora, Illinois 60506 Woodland Hills, California 91365 OWNER (Name and Address): CITY OF ELGIN 150 Dexter Court Elgin, Illinois 60120 CONSTRUCTION CONTRACT Date: September 15, 1988 Amount: $142,042.00 Description (Name and Location): Restrooms and Storage Facilities Wing and Lord' s Parks, Elgin, Illinois BOND Date (Not earlier than Construction Contract Date): September 28, 1988 Amount: $142,042.00 Modifications to this Bond: (I) None 0 See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Sea!) D.E.S. , INC. AMWEST SURETY INSURANCE C MP NY Signature .211/T-A.0-C----t SignatureF Name and itle: Dllona Clendenen Name and Title. Mark alley President Attorney-in-Fact 'L (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Robert Keith & Associates , Inc. other party): P.O. Box 447 Naperville, Illinois 60566 (312) 759-8200 MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 19M ED. •AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS,173$NEW YORK AVE..N.W.,WASHINGTON,D.C.20006 A312-1984 1 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators. soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein . Owner; or • by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract.. Owner citing reasons therefor. the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as • 5 If the Surety does not proceed as provided in Paragraph provided in Subparagraph 3.1. 4 with reasonable promptness,the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under 3.1 The Owner has notified the Contractor and the this Bond,and the Owner shall be entitled to enforce any Surety at its described in Paragraph 10 below remedy available to the Owner. If the Surety proceeds as that the its addressr cdescribed g declaring a Contractor provided in Subparagraph 4.4,and the Owner refuses the Default and has irnested and deattclaring ted to ontra payment tendered or the Surety has denied liability, in P arrange whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of sud2 notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right,if not be greater than those of the Contractor under the any,subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Default and Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor De formally terminated the Contractor's right to f ault and Owner under the Construction Contract.To the limit of the the contract. Such Contractor Default shall not be de-ere amount of this Bond, but subject to commitment by the Ownera earlier riier than twenty days after the Contractor and of the Balance of the Contract Price to mitigationof Glared Sure- the Surety have received notice as provided in Sub- costs and damages on the Construction Contract,the ty is obligated without duplication for: paragraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- 4 When the Owner has satisfied the conditions of Part sulting from the actions or failure to act of the Surety under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual dam- 4.1g ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 4.2 Undertake to perform the Construc- 7 The Surety shall not be liable to the Owner or others for 4.2Contract itself,perform through and agents complete through obligations of the Contractor that are unrelated to the Con- tiong struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change, includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a tions. qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law, the minimum period of limitation avail- Au DOCUMENT A312 • PERFOR81ANCE BOND AND PAYMENT BOND• DECEMBER 1981 ED. •AIA 9 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE.. A.,WASHINGTON, D.C. 20006 A312-1984 2 • able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by, shall be applicable. the Owner in settlement of insurance or other claim's re- 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled,be mailed or delivered to the address shown on the sig- behalf by all Contractord and proper rpthe Constructionyments made to or on nature paw. behalf of the under the Con- ' tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINI I IONS 12.4 Owner Default: Failure of the Owner,which has 2.1 It:dance of the Contact Price: The total amount neither been remedied nor waived, to pay the Con- 1 12.1payl• by the Owner to the Contractor under the tractor as required by the Construction Contract or to Construction Contract after all proper adjustments perform and complete or comply with the other terms have been made, including allowance to the Con- thereof. MODIFICAIIONS TO THIS BOND ARE AS FOLLOWS: • • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRA(:IOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A3T2-PERFORMANCE BOND ANO PAYMENT BONO•DECEMBER 1764 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE..N.W.,WASHINGTON,D.C. 201106 A3124984 3 • THE AMERICAN INSTITUTE OF ARCHITECTS 704 BOND NO. 1161972 441gm. AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): D.E.S. , INC. AMWEST SURETY INSURANCE COMPANY 70 South River Street, Suite 2 P.O. Box 4500 Aurora, Illinois 60506 Woodland Hills, California 91365 OWNER (Name and Address): CITY OF ELGIN 150 Dexter Court Elgin, Illinois 60120 CONSTRUCTION CONTRACT Date: September 15, 1988 Amount: $142,042.00 Description (Name and Location): Restrooms and Storage Facilities Wing and Lord' s Parks, Elgin , Illinois BOND Date (Not earlier than Construction Contract Date): September 28, 1988 Amount: $142,042.00 Modifications to this Bond: None 0 See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) D.E.S. , INC. AMWEST SURETY INS COMP NY di\Signatur . - Signature: A 1_ ' 41 \_L ' p Name and Title: Dllona Clendenen Name and Title: Mark R. a—ley President Attorney-in-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or Robert Keith & Associates, Inc. other party): • P.O. Box 447 Naperville, Illinois 60566 (312) 759-8200 AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 • 1 The Conti.ictor and the Surety, jointly and severally, 6 When the Claimant has satisried the conditions 01 Para- ,' bind themselves, their heirs, executors, administrators, graph 4, the Surety shall promptly and at the Surety's ex- successors and assigns to the Owner to pay for labor, pense take the following actions: materials and equipment furnished for use in the perfor- 6.1 Send an answer to the Claimant,with a copy to the mance of the Construction Contract,which is incorporated Owner,within 45 days after receipt of the claim,stating herein by reference. the amounts that are undisputed and the basis for chal- 2 With respect to the Owner,this obligation shall be null lenging any amounts that are disputed. and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment, directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2-2 Defends, indemnifies and holds harmless the amount of this Bond,and the amount of this Bond shall be Owner from, all claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity who furnished labor, materials or t! Amounts owed by the Owner to the Contractor under equipment for Use in the performance of the Construe- the Construction Contract shall be used for theerfor- tion Contract, provided the Owner has promptly poli- mance of the Construction Contract and to satisfy claims,if tied the ('(retractor and the Surety (at the address de- scribed in Paragraph 12) of any claims, demands, liens any, under any Construction Performance Bond. By the or suits and tendered defense of such claims,demands. Contractor furnishing and the Owner accepting this Bond, liens or snits to the Contractor and the Surety, and they agree that all funds earned by the Contractor in the provided there is no Owner Default. performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under 3 With respect to Claimants, this obligation shall be null this Bond, subject to the Owner's priority to use the funds and void ii I1w Contractor promptly makes payment, di- for the completion of the work. rectly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants under or others for obligations of the Contractor that are unrelat- this Bond until: ed to the Construction Contract. The Owner shall not be have a direct by or employed .1 Claimants who areliable for payment of any costs or expenses of any Claimant 4with the Contractor havegieen notice to the under this Bond,and shall have under this Bond no obliga- contractSurety (at the address described in Paragraph 12) and tions to make payments to, give notices on behalf of, or sent a copy,or notice thereof,to the Owner,stating that otherwise have obligations to Claimants under this Bond. a claim is being made under this Bond and, with sub- 10 The Surety hereby waives notice of any change,includ- stantial accuracy, the amount of the claim. ing changes of time, to the Construction Contract or to 4.2 Claimants who do not have a direct contract with related subcontracts, purchase orders and other obliga- the Contractor: tions. .1 Have furnished notice to the Con- 11 No suit or action shall be commenced by a Claimant and sent a written under this Bond other than in a court of competent jurisdic- tractor a copy, or notice thereof, to tion in the location in which the work or part of the work is the Owner, within 90 days after having last located or after the expiration of one year from the date(1) performed labor or last furnished materials or on which the Claimant gave the notice required by Sub- equipment included in the claim stating, with paragraph 4.1 or Clause 4.2 (iii), or (2) on which the last substantial accuracy, the amount of the claim labor or service was performed by anyone or the last mate- and the name of the party to whom the mate- rials or equipment were furnished by anyone under the rials were furnished or supplied or for whom Construction Contract,whichever of(1)or(2)first occurs. the labor was done or performed; and If the provisions of this Paragraph are void or prohibited by .2 I lave either received a rejection in whole or in law, the minimum period of limitation available to sureties hart from the Contractor,or not received with- as a defense in the jurisdiction of the suit shall be applica- irr 30 days of furnishing the above notice any ble. communication from the Contractor by which 12 Notice to the Surety,the Owner or the Contractor shall the Contractor has indicated the claim will be be mailed or delivered to the address shown on the sig- paid directly or indirectly; and nature page.Actual receipt of notice by Surety,the Owner .3 Not having been paid within the above 30 days, or the Contractor, however accomplished, shall be suffi- have sent a written notice to the Surety(at the tient compliance as of the date received at the address address described in Paragraph 12)and sent a shown on the signature page. ("Py,or notice thereof, to the Owner,stating 13 When this Bond has been furnished to comply with a that a claim is being made under this Bond and statutory or other legal requirement in the location where enclosing a copy of the previous written notice the construction was to be performed,any provision in this furnished to the Contractor. Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the Owner shall be deemed deleted herefrom and provisions con- to the Contra(for or to the Surety,that is sufficient compli- forming to such statutory or other legal requirement shall ante. be deemed incorporated herein. The intent is that this AIA DOCUMFNI A312•PERFORMANCE BOND AND PAYMENT BONO • DECEMBER 1Qb1 ED. • AIA 2! THE AMERICAN INSTITUTE OF A*CHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON. D.C. 2O(X A312-1984 5 • Bond shall lu' construed as a statutory bond and not as a Construction Contract, architectural and engineering . common I.1w bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and • potential beneficiary of this Bond, the Contractor shall aas other items for which a mechanic's labor,liemay be promptly furnish a copy of this Bond or shall permit a copy sserted in the jurisdiction where the materials to be made. or equipment were furnished. 15 DEMI I IONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 I Lrimant:An individual or entity having a direct nature page, including all Contract Documents and contra't with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default:Failure of the Owner,which has ment for use in the performance of the Contract.The neither been remedied nor waived, to pay the Con- intent of this Bond shall be to include without limita- tractor as required by the Construction Contract or to tion in the terms"labor,materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. 'telephone service or rental equipment used in the . MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: • • • (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACT OR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA OOCUMfNT A3f2•PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 194 ED. •AIA d THE AMERICAN IPtSTTTUTE OF ARCHITECTS,1735 NEW YORK AVE..N.W.,WASHINGTON.D.C. 20006 A312-1984 6 SURETY COMPANY ACKNOWLEDGMENT STATE OF ILLINOIS ) ss. : COUNTY OF Will ) On this 28 day of September in the year 1988 , before me personally came Mark R. Malley to me known , who, being by me duly sworn , did depose and say that he resides in Bolingbrook, Illinois that he is the ATTORNEY—IN—FACT of the AMWEST SURETY INSURANCE COMPANY , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation , and that he signed his name thereto by like order . NOTARY ELIC " OFFICIAL SEAL MARY ANN FLINN NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 10/20/91 (When the principal is a corporation the following acknowledgement should be used) STATE OF ILLINOIS ) COUNTY OF KANE ) ss. : On this 28 day of September , 19 88 , before me personally came DLLONA CLENDENEN , to me known , who, being by me duly sworn , did depose and say that he resides in Aurora, Illinois ; that he is the President of the DES, INCORPORATED the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation and that he signed his name thereto by like order. 421S}S?Q p) OTARY PUBLIC — DIANE H . DIBBLEE " OFFICIAL SEAL " DIANE H. DIBBLEE NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES 2/17/91 AMWEST SURETY INSURANCE CO. • P.O. Box 4500 Woodland Hills, CA 91365 (818) 704-1111 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA CORPORATION does hereby make, constitute and appoint Mark R. Malley of Naperville, Illinois its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obliga- tions in the nature thereof, as follows: $500 , 000 . 00 limit: and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys-in-Fact, pursuant to these presents,are hereby ratified and confirmed.This appointment is made under and by authority of the following provisions of the By- Laws of the company, which are now in full force and effect Article III, Section 7 of the By-Laws of AMWEST SURETY INSURANCE COMPANY This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting duly held on December 15. 1975. RESOLVED that the president or any vice-president.in conjunction with the secretary or any assistant secretary. may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appoint- ment in each case,for and on behalf of the company to execute and deliver and affix the seal of the company to bonds. undertakings,recognizances. and suretyship obligations of all kinds: and said officers may remove any such attorney- in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond. undertaking. recognizance, or suretyship obligation shall be valid and binding upon the company (i) when signed by the president or any vice-president and attested and sealed(if a seal be required)by any sec- retary or assistant secretary; or (ii) when signed by the president or any vice-president or secretary or assistant secretary. and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent, or (iii)when duly executed and sealed(if a seal be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons RESOLVED FURTHER that the signature of any authorized officer and the seat of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond.under- taking. recognizance,or other suretyship obligations of the company. and such signature and seal when so used shalt have the same force and effect as though manually affixed IN WITNESS WHEREOF,AMWEST SURETY INSURANCE COMPANY has caused these presents to be signed by its proper of- ficer, and its corporate seal to be hereunto affixed this 25th day of April 19 8 8 A EST SURETY INSURANCE COMPANY ihJ�,l1���'♦ :: I%,� f s#` I E.J . cKenna Vice President ~tiN Secreta'v Ku- en C . Cohen STATE OF CALIFORNIA. COUNTY OF LOS ANGELES — ss On this 25th day of Apr i l A D. 19 8 8 .personally came before r,-,e E.J . McKenna and Karen G. Cohen to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM- PANY,CALIFORNIA who executed the above instrument,and they each acknowledged the execution of the same.and being by me duly sworn.did severally depose and say that they are the said officers of the corporation aforesaid.and that the seal affixed to the above instrument is the seal of the corporation. and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation • OFFICIAL SEAL i"!• PATRICIA KLAMERUS (SEAL) 1:4•; NOTARY PUBLIC-CALIFORNIA 43:ref '4 4 241'-4. 19J- e IL 4 " A 4- d LOS ANGELES COUNTYPatricia Klameru Notary Pub��c �• MY COMMISSION WKS APRT 24,1891 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss CERTIFICATE I, the undersigned. secretary of the AMWEST SURETY INSURANCE COMPANY, a California corporation. DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked, and further- more, that the provisions of the By-Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force Signed and sealed at Naperville, IL this 28 day of September 19 88 ti 04Secretary • '•.��� . • 1161972 • CERTIFICATE OF INSURANCE American Family Mutual Insurance Company 3099 East Washington Avenue Agent's Name and Address Madison,Wisconsin 53783 Ben R . Perez, Jr . • 1851 UI . Galena Blvd. A u r o r a, IL . 60506 This certificate is issued as a matter of Information only and confers no rights upon the Certificate Holder.This certificate does not amend,extend sr alter the coverage afforded by the policies listed below. tMuwsd's Name and Address Dickson Engineering Services , Inc . • 70 So . River Street Aurora, IL . 60506 COVERAGES This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated,not withstanding 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. TYPE OF INSURANCE POLICY NUMBER POLICDATEEEFFECTIYE POLICYDA ERATIDN LIMIT OF LIABILITY (MO.,DAY,YR.) (MO.,DAY,YR.) Statutory • WORKERS COMPENSATIONAND Each Accident $ 000 EMPLOYERS LIABILITY+ Disease•Each Employee' $ ,000 Disease-Policy Limit S ,000 1�E(NERAL LIABILITY General Aggregate $ 2, 000 ,000 uCommerical General Liability(occurrence) 12X17649 11/17/87 11/17/88 Products Comp/Ops Aggregate $ 1 , 000 000 ❑Commerical General Liability(claims made) Personal and Advertising Injury S 1 , DDD 000 ❑ Each Occurrence $ 1 e 000 ,000 0 Fire Damage(Any One Fire) S 50 000 Medical Expense(Any One Person) $ 5 ,000 BUSINESSOWNERS LIABILITY CSL Each Occurrence/Aggregate S ,000 ❑Commerical General Liability (Aggregate Applies To Products Comp/Op) $ ,000 AUTOMOBILE LIABILITY ❑Owned Autos(Basic Form) Bodily Injury•Each Person S ,000 0 Owned Autos(Comprehensive Form) Bodily Injury-Each Accident S ,000 ❑Hired Autos ❑Non-owned Autos Property Damage S ,000 0 Garage Liability ❑ CSL $ ,000 EXCESS LIABILITY ❑Commercial Umbreea Each Occurrence/Aggregate $ ,000 0 OTHER DESCRIPTION OF OPE• ,,,i :ICL Ta , ;.a- : •M =c 1 1 i e s o r City of Elgin, Wing Park & Lords +me individual or partners shorn at Myren O have ❑have not Park, Elgin, Illinois elected to be covered as eetplo)Aee under INE poky. CERTIFICATE HOLDER'S NAME AND ADDRESS CANCELATION Should any of the above described policies be canceled before City of Elgin the expiration date thereof,the undersigned company will endeaver to mail y days)written notice to the Certificate . %m i ch ae l A . S ar r o,Dir .o f P u r c h as i n g Holder named to the left,but failure to mail such notice shall 150 Dexter Court impose no obligation or liability of any kind upon the company, Elgin, I L . 60120 its agents or representatives. 10 days unless different number of days shown. �� DA�igS NU 57 RPRE t^.FRTIFICATE HOLDER UCL-11781 Ed.1I/II Acorn). . CERTIFICATE OF INSURANCE 4 y,.- ,. ISSUE DATE(MM/DO/YY) { 9-30-88 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, Frazier & Evans EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW P. 0. Box 1427 Aurora, I1. 60507 COMPANIES AFFORDING COVERAGE COMPANY CODE SUB-CODE LETTER A National Surety LETTERCOMPANY B INSURED TO BE Assigned D E S, Inc• COMPALETTER G. 70 S. River St. Aurora, Il. 60506 COMPANY n R Y D COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION ALL LIMITS IN THOUSANDS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OPS AGGREGATE $ CLAIMS MADE OCCUR. PERSONAL&ADVERTISING INJURY $ OWNER'S&CONTRACTOR'S PROT. EACH OCCURRENCE $ FIRE DAMAGE(Any one fire) $ MEDICAL EXPENSE(Any one person) $ AUTOMOBILE LIABILITY COMBINED ANY AUTO SINGLE $ LIMIT ALL OWNED AUTOS BODILY SCHEDULED AUTOS INJURY $ (Per person) HIRED AUTOS BODILY NON-OWNED AUTOS (PeURY $ (Per accident) GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A X To be determined 10-1-88 11-17-88 $ 2,000, $2,000, OTHER THAN UMBRELLA FORM STATUTORY WORKER'S COMPENSATION AND To be determined 10-1-88 11-17-8 8 $ 1,000, (EACH ACCIDENT) EMPLOYERS'LIABILITY $ 1 ,000, (DISEASE—POLICY LIMIT) $ 1 ,000, (DISEASE—EACH EMPLOYE OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS,SPECtALITEMS It is agreed The City of Elgin and Kaltenbach and Ferenc, Architects are named as additional insureds. CERTIFICATE HOWER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Elgin EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO C/0 Michael A. Sarro MAIL 15 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 150 Dexter Court LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR Elgin, Il• 601 20 LIABILITY OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES. AI/FORI ED REPRESENTATIVE J444-4144 ACORD 25.S(3/88) CAD CCI Re19,088 CERTIFICATE OF INSURANCE American Family Mutual Insurance Company 3099 East Washington Avenue Agent's Name and Address Madison,Wisconsin 53783 Ben R. Perez, Jr. • 1851 W. Galen Blvd. S206 Aurora, I L. 60506 This certificate is issued asa matter of information only and confers no rights upon the Caracole Holder.This certificate does not amend,extend or Nor In coverage afforded by the policies listed below. Warred's Name and Address Dickson Engineering Services , Inc . 70 So. River Street Aurora, IL. 60506 COVERAGES This is to certify that policies of insurance listed below have been issued to the insured named above for the policy period indicated,not withstanding 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. TYPE OF INSURANCE POLICY NUMBER POLICYDATEECTIVE POLICYERATION LIMIT OF LIABILITY (MO.,DAY,YR.) (MO.,DAY,YR.) Statutory • WORKERS COMPENSATIONAND Each Accident $ 000 EMPLOYERS LIABILITY+ Disease-Each Employee $ ,000 Disease-Policy Limit $ ,000 GENERAL LIABILITY General Aggregate $ 2 ,000 ,000 oenmenc al General Liability)occurrence) 12 x 17 6 4 9 11/17/87 11/17/8 8 Products-Comp/Ops Aggregate $ i ,000 n000 ❑Commerical General Liability(claims made) Personal and Advertising Injury $ 1 0 0 0 ,000 ❑ Each Occurrence $ 1 ,000 ,000 ❑ Fire Damage(Any One Fire) $ 50 ,000 Medical Expense(Any One Person) $ 5 ,000 BUSINESSOWNERS LIABILITY CSL Each Occurrence/Aggregate $ ,000 ❑Commerical General Liability (Aggregate Applies To Products Comp/Op) 5 ,000 AUTOMOBILE LIABILITY ❑Owned Autos(Basic Form) Bodily Injury-Each Person S ,000 ❑Owned Autos(Comprehensive Form) Bodily Injury-Each Accident S ,000 ❑Hired Autos 0 Non-owned Autos Property Damage $ ,000 ❑Garage Liability ❑ CSL $ ,000 EXCESS LIABILITY 0 Commercial Umbrella Each Occurrence/Aggregate S ,000 OTHER DESCIrT1ON 0F OPERA IONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL rTEMS Carpentry Contractor +The individual orpartners shown.r...d'ss ®have El have not rested to be covered as rrlldieyne odor this policy. CERTIFICATE HOLDERS NAME AND ADDRESS CANCELATION Should any of the above described policies be canceled before the expiration date thereof,the undersigned company will endeaver to mail 1 days)written notice to the Certificate . Kaltenbach and Ferenc ,Architects Holder named to the left,but failure to mail such notice shall 17 Douglas Avenue impose no obligation or liability of any kind upon the company, Elgin, I L. 6 012 its agents or representatives. 10 days unless event number of days own. DA ,�-r/ Air REPRESENT UCL-11711 .111/18 CERTIFICATE HOLDER TELEPHONE 312/695-6500 /r"L7 !Itt 1EI���^V���U� �� 150 DEXTER � uRT ELGIN, ILLINOIS 60120'5555 November 9, 1987 Kaltenbach and Ferenc 17 Douglas Avenue Elgin, IL 60120 RE: Contract for Restroom and Storage Facilities for Lord's and Wing Parks Dear Sir: Enclosed find a fully executed copy of the Contract for the Combination Restroom and Storage Facilities for Lord's and Wing Park. Very truly yours, Nancy Roll Deputy Clerk nr Enclosure • C , TY E&K `S C on THE AMERICAN INSTITUTE OF ARCHITECTS 00 AIA Document B141 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 Twenty First day of October in the year of Nineteen Hundred and Eighty-seven. BETWEEN the Owner: The City of Elgin 150 Dexter Court Elgin, Illinois 60120 and the Architect: Kaltenbach and Ferenc 17 Douglas Avenue Elgin, Illinois 60120 For the following Project: (Include detailed description of Project location and scope.) Architect-engineer services for design, plan preparation and final inspection of Improvements for the Combination Restroom and Storage Facilities for Lord's and Wing Park. The Owner and the Architect agree as set forth below. Copyright 1917,1926, 1948, 1951, 1953, 1958, 1961, 1963, 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 B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 ments to previous Statements of Probable Construction ARCHITECT'S SERVICES AND RESPONSIBILITIES Cost indicated by changes in requirements or general 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 for 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. with the Owner. 1.5 CONSTRUCTION PHASE—ADMINISTRATION 1.1.2 The Architect shall provide a preliminary evalua- OF THE CONSTRUCTION CONTRACT tion 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 tive 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 _ _ _ , • the scale and relationship of Project components. orporated in the Contract Documents, the Archi -ct 1.1.5 The Architect shall submit to the Owner a State- Isha provide administration of the Contract for Con• ruc- ment of Probable Construction Cost based on current 'tion set forth below and in the edition of Al• Docu- area, volume or other unit costs. ment • 01, General Conditions of the Contract 'sr Con- struction current as of the date of this Agreem- t. 1.2 DESIGN DEVELOPMENT PHASE 1.5.3 The Architect shall be a represen ive of the 1.2.1 Based on the approved Schematic Design Docu- Owner duri the Construction Phase, a a shall advise ments and any adjustments authorized by the Owner in and consult w h the Owner. Instruction o the Contrac- the program or Project budget, the Architect shall pre- for shall be for ,.rded through the Ar itect. The Archi- pare, for approval by the Owner, Design Development tect shall have a ority to act on b alf of the Owner Documents consisting of drawings and other documents only to the extent provided in the ontract Documents to fix and describe the size and character of the entire unless otherwise m 'fled by wr. ten instrument in ac- Project as to architectural,structural,mechanical and elec- cordance with Subpara aph 1.5 6. trical systems, materials and such other elements as may 1.5.4 The Archite visit the site at intervals ap- be appropriate. propriate to the stage o onstruction or as otherwise 1.2.2 The Architect shall submit to the Owner a further agreed by the Architeern kiiting to become generally Statement of Probable Construction Cost. familiar with the progress arror ality of the Work and to 1.3 CONSTRUCTION DOCUMENTS PHASE determine in general if he or proceeding in accord- ance with the Contr. t Docu ent However, the Archi- 1.3.1 Based on the approved Design Development Doc- tect shall not be r quired to mak- exhaustive or con- uments and any further adjustments in the scope or qual- -tinuous on-site i sections to check t-e quality or quan- ity of the Project or in the Project budget authorized by tity of the Wor . On the basis of suc' on-site observa- the Owner, the Architect shall prepare, for approval by tions as an arr itect, the Architect shall '-ep the Owner the Owner, Construction Documents consisting of Draw- informed of he progress and quality of t e Work, and ings and Specifications setting forth in detail the require- shall ende or to guard the Owner against .elects and ments for the construction of the Project. deficien .-s in the Work of the Contractor. 1.3.2 The Architect shall assist the Owner in the prepara- 1.5.5 he Architect shall not have control or c arge of tion of the necessary bidding information, bidding forms, and all not be responsible for construction leans, the Conditions of the Contract, and the form of Agree- m• ods, techniques, sequences or procedures, o for ment between the Owner and the Contractor. s ety precautions and programs in connection with e 1.3.3 The Architect shall advise the Owner of any adjust- ork, for th' 7Cti or omkiions, of the rnntra.-tnrl Clt MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIM • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 , I' •ntractors or any other persons performing any of t necessary or advisable for the implementation of the intent irk, or for the failure of any of them to carry out • e of the Contract Documents,the Architect will have author- Wo in accordance with the Contract Documents. ity to require special inspection or testing of the Work in 1.5.6 he Architect shall at all times have acces to the accordance with the provisions of the Contract Docu- Work w rever it is in preparation or progress. ments, whether or not such Work be then fabricated, in- stalled or completed. 1.5.7 The •rchitect shall determine the am. nts owing 1.5.13 The Architect shall review and approve or take to the Contr. tor based on observations at t-e site and on evaluations of e Contractor's Applicatio s for Payment, other appropriate action upon the Contractor's submittals and shall issue ••rtificates for Payment ' such amounts, such as Shop Drawings, Product Data and Samples, but as provided in the Contract Documen only for conformance with the design concept of the Work and with the information given in the Contract 1.5.8 The issuance of a Certifica'• for Payment shall Documents. Such action shall be taken with reasonable constitute a representan by the rchitect to the Owner, promptness so as to cause no delay. The Architect's ap- based on the Architecobse .tions at the site as pro- proval of a specific item shall not indicate approval of an vided in Subparagraph 1 d on the data comprising assembly of which the item is a component. the Contractor's Applieftfor Payment, that the Work 1.5.14 The Architect shall prepare Change Orders for has progressed to the poin ated; that, to the best of the Owner's approval and execution in accordance with the Architect's knowledg=,info' ation and belief,the qual the Contract Documents,and shall have authority to order ity of the Work is in a ordan h the Contract Docu minor changes in the Work not involving an adjustment ments (subject to a• evaluati of the Work for con in the Contract Sum or an extension of the Contract Time formance with the ontract Docume s upon Substantial which are not inconsistent with the intent of the Contract Completion, to e results of any sus equent tests re- Documents. quired by or p- formed under the Cont .ct Documents, to minor dev'.tions from the Contract D.cuments cor- 1.5.15 The Architect shall conduct inspections to deter- rectable pri. to completion, and to any spec is qualifica- mine the Dates of Substantial Completion and final corn- tions stat:. in the Certificate for Payment); a • that the pletion, shall receive and forward to the Owner for the Contrac .r is entitled to payment in the amount ertified. Owner's review written warranties and related documents Howe •r, the issuance of a Certificate for Payme shall required by the Contract Documents and assembled by not .e a representation that the Architect has mad: any the Contractor, and shall issue a final Certificate for Pay- ex ination to ascertain how and for what purpose e ment. ••ntractor has used the moneys paid on account of t • 1.5.16 The extent of the duties, responsibilities and lirn- CentidtL 3uiii. 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 with 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 cisions, 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 good 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- he Contract Documents. ii he Architect s declsl tions of the Architect as described in Paragraph 1.5. any o - -•us disputes or oth• --. -rs, including 1.7 ADDITIONAL SERVICES those in question •e r'- -.amwner and the Contractor, The following Services are not included in Basic shall b- o arbitration as prove. •'s Agree Services unless so identified in Article 15. They shall -nt and in tha rnntrart nortirrents 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. MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA0• ©1977 4 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 p 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 the Work of the Contractor, or by failure of performance 1.7.3 Providing planning surveys, site evaluations, envi- of either the Owner or Contractor under the Contract for ronmental studies or comparative studies of prospective Construction. 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. terns 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 analyses of owning and operating costs, or detailed quan- accordance with generally accepted architectural practice. tity 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 vices 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 spaces. 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 Change 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 the Project 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. 1.7.14 Making investigations, surveys, valuations, inven- 2.2 If the Owner provides a budget for the Project it tories or detailed appraisals of existing facilities, and serv- ices 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 any Work damaged by fire or other cause during con- funds available for the Project, and their source. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA' • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 5 -11 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 neers 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. tett. 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- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such 2.7 The Owner shall furnish all legal, accounting and in- fixed limit has been agreed upon in writing and signed by surance counseling services 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 the Owner may require to verify the Contractor's Applica- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- tions 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- othe Owner. and types of construction are to be included in the Con- halftract 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 com- 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 designed 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- tion 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 MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 6 B141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 EV 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. per- 5.1.6 Expense of any additional insurance coverage or 7.1 Records of Reimbursable Expenses and expenses limits, including professional liability insurance, requested taining 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 ARTICLE 6 Owner's authorized representative at mutually convenient 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 the minimum payment under this Agreement. 8.1 Drawings and Specifications as instruments of serv- 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 cluding 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 B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA® • ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 7 . `r other projects, for additions to this Project,or for comple- 10.4 Termination Expenses include expenses directly at- tion 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. tion 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 r quent phase. ARBITRATION ARTICLE 11 9.1 •II claims, disputes and other matters in q stion MISCELLANEOUS PROVISIONS betw••n the parties to this Agreement, arising o of or relatin: o this Agreement or the breach thereof shall be 11.1 Unless otherwise specified, this Agreement shall be decided arbitration in accordance with th- Construc- governed by the law of the principal place of business of tion Indus ., Arbitration Rules of the Amer' an Arbitra- the Architect. tion Associa 'on then obtaining unless the •arties mutu- 11.2 Terms in this Agreement shall have the same mean- ally agree oth. ise. No arbitration, arisi : out of or re- ing as those in AIA Document A201, General Conditions lating to this Al. eement, shall include, dy consolidation, of the Contract for Construction, current as of the date joinder or in any :ther manner, any ad ditional person not of this Agreement. a party to this Agr••ment except by ritten consent con- 11.3 As between the parties to this Agreement: as to all taining a specific re = ence to this Agreement and signed acts or failures to act by either party to this Agreement, by the Architect, the • ner, an4y other person sought any applicable statute of limitations shall commence to to be joined. Any cons- •t tc,�er Itration involving an ad- run and any alleged cause of action shall be deemed to ditional person or person s11141 not constitute consent to have accrued in any and all events not later than the rele- arbitration of any dispu 1t described therein or with vast Date of Substantial Completion of the Work, and as any person not named o de cribed therein. This Agree- to any acts or failures to act occurring after the relevant ment to arbitrate and angr-•ment to arbitrate with an Date of Substantial Completion, not later than the date of additional person orptKons • , y consented to by the issuance of the final Certificate for Payment. parties to this Agreet shall be .ecifically 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 arbitra 'on shall be filed in ants, agents and employees of the other for damages cov- writing with the other party to this A: -ement and with ered by any property insurance during construction as set the American • titration Association. T' - demand shall forth in the edition of AIA Document A201, General Con- be made with' a reasonable time after the laim, dispute ditions, current as of the date of this Agreement. The or other ma'er in question has arisen. In n.• event shall Owner and the Architect each shall require appropriate the demanfor arbitration be made after the sate when similar waivers from their contractors, consultants and institutiod of legal or equitable proceedings eased on agents. such cl. m, dispute or other matter in question ,uld be barrel •y the applicable statute of limitations. ARTICLE 12 9.3 The award rendered by the arbitrators shall be ' al, SUCCESSORS AND ASSIGNS a d judgment may be entered upon it in accordance w •plicable 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 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 defined in Paragraph 10.4. Owner and Architect. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 8 8141-1977 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 AN INITIAL PAYMENT of Not Applicable dollars($ shall be made upon execution of this Agreement and credited to the Owner's account as follows: 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: (Here insert basis of compensation, including fixed amounts, multiples or percentages,and identify Phases to which particular methods of compensa- tion apply,if necessary.) For the stipulated sum of S5,200.00 as outlined in our letter of Proposal to the City of Elgin, dated October 5, 1987. See attached copy of our letter of proposal for the division of the work and the corresponding division of fees. 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.) Not Applicable Schematic Design Phase: percent( %) Design Development Phase: percent( %) Construction Documents Phase: percent( %) Bidding or Negotiation Phase: percent( %) Construction Phase: percent( %) 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. MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA® • ©1977 THE AMERICAN 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 insert basis of compensation, including rates and/or 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.) 1. Principals' time at the fixed rate of fifty dollars ($50.00) per hour. For the purpose of this Agreement, the Principals are: Charles F. Kaltenbach Thomas V• Ferenc 2. Employees' time at a multiple of two and one-half (2.5) times their Direct Personnel Expense as defined in Article 4. 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—tenth ( 1. 1 1 times the amounts killed to the Architect for such services. (Identify specific types of consultants in Article 15, if required) 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 and one—tenth ( 1.1 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 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 regulations at the Owner's and Architect's principal places of business, the location of the Project and elsewhere may affect the validity of this provision Specific legal advice should he obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers) 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 ( ) 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. MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAE, • O 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 15.1 The architect shall prepare a written report on the recommendation for the design of the facilities. 15.2 Preparation of a set of reproducible record drawings as described in Paragraph 1.7. 17 is included in the fee for Basic Services. MA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977 • AIA®• 1977 THE 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 ARCHITECT City of Elgin Kaltenbach and Ferenc, Architects Xg By ertafts.lar 'Fa t om.. • MA DOCUMENT 0141 •OWNER-ARCHITECT AGREEMENT• THIRTEENTH EDITION • JULY 1977• AIA®• ©1977 12 8141-1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 I • • KALTENBACH AND FERENC ARCHITECTS 17 DOUGLAS AVENUE, ELGIN, ILLINOIS 45 0120 312-741-1050 CHARLES II% KALTENBACH,A.I.A. THOMAS V. FERENC,A.I.A. October 5, 1987 Mr. Melford A. Dahl, P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, IL 60120 Subject: Request for Proposal Restrooms and Storage Facility Lords and Wing Parks Dear Mr. Dahl, In response to your request for proposal dated September, 1987, we are pleased to submit the following for architect-engineer services as outlined in the request captioned above. Proposal: • A. Preparation of technical report of recommendations and designs of a prototype facility for use on the two separate sites, one located in each park '$1,700.00 B. Praparation of the plans and specifications for competitive bidding and construction of the basic buildings including the siting of the structures on two separate site plans 2,900.00 C. Final inspection of the improvements and preparation of mylar as-built reproducibles for the owner's records . . 600.00 Total for A, B and C above $5 200 00 Note: 1. All mechanical; electrical and plumbing engineering drawings required will be done by our firm, in house. 2. After visiting the two sites and reviewing the estimated footing loads on the sub-soil, it is contemplated that a soils report will not be required. • - City of Elgin (2) October 5, 1997 Request for Proposal 3. We feel that any additional independent testing services will not be required for these projects. However, if the City of Elgin feels that testing of any other nature is advisable we willassist in their co-ordination and the cost of testing services will be on a direct payment by the City to the testing service. 4. Surveys of the sites and locations of surface items and underground utilities will be furnished by the City of Elgin. 5. In reference to reproduction of bidding documents, this is normally a reimbursable expense to the architects under Standard Owner- Architect Agreement (A.I.A. Document B-141) . If you wish these to be included we estimate a printing cost of approximately five dollars per set of documents for bidding would need to be added. "Two dollars for drawings and three dollars for specifications': Thirty sets would be a normal need for bidding such a project. Please note that standard City of Elgin procedure is to require a non-refundable deposit. This should cover the reproduction costs. We feel the above proposal Includes all architect-engineer services as out- lined in your Request for Proposal. Over the past twenty years we have performed architect-engineer services • for the City of Elgin on a wide range of diverse projects and we certainly continue to appreciate the association. If you wish a listing of these • projects and other work in the community for your review we would be .!. happy to furnish such a list at your request. Thank you for this opportunity to submit our proposal for professional services. If you should have any questions on any of the material, please do not hesitate to contact me. Sincerely, F. Charles F. Kaltenbach CFK/gus Attached: Request, for Proposal Bhp SEP 14 1981 it LI CITY OF ELGIN REQUEST FOR PROPOSAL Combination Restrooms and Storage Facility for Lord 's and Wing Parks in the City of Elgin, Illinois. 1 ) SCOPE - The purpose of these specifications is to describe the subject design, plan preparation and final inspection of improvements for the proposed facilities. 2) BACKGROUND - The City would like to improve the restroom and storage facilities at each of Elgin's main parks. This Request for Proposal (RFP) shall outline the type of facility requested and the general requirements of the two similar buildings for each park. The new facilities will be built in the approximate • locations as noted on the location map. Please note the approximate locations of the nearest existing sewer and water lines available for each facility. This RFP shall specify that the buildings be of the same design and the consultant chosen for this project shall design the building and prepare plans and specifications ready for bidding purposes. The prepared plans shall bear the Architect 's seal and signature. The architect shall submit to the City five (5) copies of specifications and as many copies as required of the plans for bidding and construction. The consultant shall also be responsible for the final inspection of the improvements. The ; 4. architect shall provide mylar as-builts of the 4 construction after the improvement has been completed. • 3) CITY RESPONSIBILITY - The City of Elgin agrees to provide the following: A) Provide the right-of-way and access to both sites of the proposed facility. B) An individual to represent the City in all matters pertaining to this RFP. C) The site will be available for inspection prior to • submi ttaf of a proposal . D) Locations of the sanitary and water lines to be used at the facility. E) The tap of the sanitary and water lines to the existing utilities once the contractor has extended those lines from the new facilities. 4 ) CONSULTING SERVICES - The proposal shall identify evaluation procedures that will be used by the consultant . The procedures shall be stated in the RFP and the proposed costs for all work necessary to complete the project as specified in this RFP. . The costs shall be REQUEST FOR PROPOSAL September 11 , 1987 Page 2 1 t ' noted as a not to exceed figure for each section of work. The proposal shall identify any other testing firms which may be required for this improvement. 1 The proposal shall indicate the costs for the proposed work contained in this RFP with the following separate cost breakdowns: A) Design of the two similar buildings. 4 B) Preparation of plans and specifications. C) Final inspection of the improvements with the preparation of mylar as-builts. 5) TECHNICAL REPORT - The consulting firm shall prepare and submit a complete report on their recommendation for the design of the specified facilities. This report shall be printed or typewritten on 8.5" x 11" sheets of paper. The report shall be submitted in duplicate and shall become the property of the City of Elgin. 1 6) VOCATION - The location of the two combination park restrooms with storage facilities will be one each in Lord 's Park and Wing Park in the City of Elgin, Illinois. 7) STRUCTURE - The structure of the building shall be built on a concrete slab and have the outside dimensions as noted on the sketch and shall have a over-hanging shingled roof. The building shall not be heated , but shall have electricity for outlets and lighting. The noted Men's and Women's restrooms shall be equiped as noted on the sketch. There shall be a firewall between the restrooms and storage area built to City code and the entire structure shall be designed to meet the City of Elgin's building code. 1 1 The restrooms shall be acessible by two separate swinging 1 person doors. The storage area shall have one eight foot wide overhead door and one person door as noted on the location map. All other items of the building shall be designed at the architect ' s discretion. 8) REFERENCES - The consulting firm shall submit with their proposal , a list of current references for projects similar in size and scope. REQUEST FOR PROPOSAL September 11, 1987 Page 3 9) SUPERVISION - The City retains the right to have a representative present at all times during the field work. 10) INSURANCE - The architect shall not commence work under this contract until they have obtained all insurance re- quired under this paragraph, and has filed with the City certificates of insurance executed, by the respective com- panies. The firm shall furnish workman's compensation insurance (STATUTORY) ; Property Damage and Public Liability Insurance in the amounts of $ 300,000.00 and $ 500,000.00; and Comprehensive Automobile and General • Body Injury Liability with limits of $ 300,000.00 and * 500,000.00. The CITY OF ELGIN shall be included as an additional insured on the above policies. 11 ) FIRM SIZE AND DIVERSITY - The experience and educational qualifications of the staff who will be assigned to the project should be included in the proposal . The overall • capabilities of the firm and its current and past clients should be presented for review by the City. 12) SUBMITTALS - Proposals should be submitted in duplicate to: Melford A. Dahl , P.E. Director of Public Works City of Elgin 150 Dexter Court Elgin, IL 60120-5555 ** Proposals must be submitted by noon, local time, on October 5,-1987. ** There will be a Pre-Submittal meeting at the Engineering Division offices (40 Ann Street ) on September 24, 1987, at 10:00 AM to clarify any questions regarding the RFP. Attached drawings (3) dated 9-2-87. RFPPA.K • • 21'-4" WOMEN'S MEN'S RESTROOM RESTROOM 1 Handicapped 1 Handicapped Accessible Toilet Accessible Toilet 1 Toilet 1 Urinal 1 Sink 1 Sink FIREWALL FIREWALL 30' STORAGE AREA O on 22 rn 0 V I" n S' 9- 2-87 • 0 •,mak �,#.t��l�t. s` ,.,, ,,:.,,,, • ,.4 ..14,.Jts'C. .) \S‘ ';''''''.:!2, ''4-*. �• � V , 1`I't \\% 1 C t I 1 4 ti O'� R �� A , ; ii t 1 i 1...., 4 \ ‘ 4. 7. AO cic it ; 1 0 4. 4 `` Q L iii, . k `.r^f •� � 't LN 1- t t t ►?i'i'i .+ ....7.1"-,�_.,,rt�.`. .0 \ Vit.,, y4e, ' % ? 1 1\ li • 1 i a dip �/ S. •R gQ`. � o ,ems Mp Q yt 4 NI "" % S rot t A slo. 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