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98-201 Resolution No. 98-201 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH C. O'NEIL DESIGNERS, INC. FOR ARCHITECTURAL SERVICES ( 11-13-15 Douglas Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with C. O'Neil Designers, Inc . for architectural services under the Facade Improvement Program for the property located at 11-13-15 Douglas Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: August 26, 1998 Adopted: August 26 , 1998 Omnibus Vote: Yeas 7 Nays 0 Attest: sl Dolonna Mecum Dolonna Mecum, City Clerk r AGREEMENT This Agreement made and entered into this 3 A-i-r—day of , 1998, by and between the CITY OF ELGIN, an Illinoisf unicipal corporation (hereinafter referred to as the "City") and C. O'NEIL DESIGNERS, INC. , an Illinois corporation, (hereinafter referred to as "Architect" ) . WITNESSETH WHEREAS, the City has agreed as part of its Facade Improvement Program to assist in improvements to the exterior of the west facade of the building at 11-13-15 Douglas Avenue, Elgin, Illinois; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior west facade of the building at 11-13-15 Douglas Avenue all as set forth in the Standard Form of Agreement Between Owner and Architect attached hereto as Exhibit 1 . NOW, THEREFORE, for and in consideration of the mutual agreements set forth herein and in the attached Standard Form of Agreement Between Owner and Architect attached hereto as Exhibit 1, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are incorporated into this agreement in their entirety. 2 . That the Architect is hereby retained by the City of Elgin to perform architectural services consisting of improvements to the exterior west facade of the building at 11-13-15 Douglas Avenue, Elgin, Illinois . The terms and scope of work for the architect services shall be as set forth in Exhibit 1 attached hereto. Compensation for the Architect' s services shall be the total amount not to exceed $9,950 . 00. 3 . That in the event of a conflict between this form agreement and Exhibit 1 attached hereto the terms of this form agreement shall control . 4 . That this agreement constitutes the entire agreement between the parties hereto and may not be amended without the express written agreement executed by the parties hereto. IN WITNESS WHEREOF the parties have executed and entered into this agreement on the date and year first written above. CITY OF ELGIN C. O'NEIL DESIGNERS, INC. By By C16.-X. Ci y M ager Its : s i Attest: r City Clerk T H E A M E R I C A N I N S T I T U T E O F A R C H I T E C T S AIA Document B141 Standard Form of Agreement Between Owner and Architect 1987 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 day of in the year of Nineteen Hundred and ninety-eight BETWEEN the Owner: THE CITY OF ELGIN, ILLINOIS, a municipal corporation (Nam and address) 150 Dexter Court (hereinafter referred to as "OWNER") Elgin, IL 60120-5555 Attn: Michael Sarro, Purchasing Director ^­ i"jotois co2PoRA'rtoN and the Architect: C. O'NEIL DESIGNERS, INC. (hereinafter referred to as "ARCHITECT") (Name and address) Michael A. Dixon, FAIA/Director of Architectural Preservation 999 E. Touhy Avenue Des Plaines, IL 60018-2738 For the following Project: (Include detailed description of Project, location, address and scope.) The project involves improvements to the west facade of the building at 11-13-15 Douglas Avenue in Elgin, Illinois. In general, areas of attention are to include masonry veneer removal and repair, storefront restoration, windows, doors, signage, exterior lighting, sidewalk, and step modifications, with respect to historically sensitive rehabilitation. All work is to proceed in accordance with the guidelines of the City of Elgin Facade Improvement Program, The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 1970, 1974, 1977,©1987 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 written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. Exhibit 1 AIA DOCUMENT 0141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, the Architect shall prepare, ARCHITECT'S RESPONSIBILITIES for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe 1.1 ARCHITECT'S SERVICES the size and character of the Project as to architectural, struc- tural, mechanical and electrical systems, materials and such 1.1.1 The Architect's services consist of those services per- other elements as may be appropriate. formed by the Architect,Architect's employees and Architect's 2,3.2 The Architect shall advise the Owner of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement to the preliminary estimate of Construction Cost. and any other services included in Article 12. 1.1.2 The Architect's services shall be performed as expedi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner,the 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for ments and any further adjustments in the scope or quality of the performance of the Architect's services which may be the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner,the Architect shall prepare,for approval by the Owner, for periods of time required for the Owner's review and for Construction Documents consisting of Drawings and Specifica- approval of submissions by authorities having jurisdiction over tions setting forth in detail the requirements for the construc- the Project. Time limits established by this schedule approved tion of the Project. by the Owner shall not,except for reasonable cause,be exceeded by the Architect or Owner. 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information, bidding forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract,and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Owner's responsibility for filing documents required for 2.1.1 The Architect's Basic Services consist of those described the approval of governmental authorities having jurisdiction in Paragraphs 2.2 through 2.6 and any other services identified over the Project. in Article 12 as part of Basic Services,and include normal struc- tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2.2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Owner's approval of the Construction Documents and of the latest preliminary estimate 2.2.1 The Architect shall review the program furnished by the of Construction Cost, shall assist the Owner in obtaining bids Owner to ascertain the requirements of the Project and shall or negotiated proposals and assist in awarding and preparing arrive at a mutual understanding of such requirements with the contracts for construction. Owner. 2.2.2 The Architect shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT requirements, each in terms of the other, subject to the limita- tions set forth in Subparagraph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services for the Construction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the award of the Contract for Construction and termi- approaches to design and construction of the Project. nates at the earlier of the issuance to the Owner of the final 2.2.4 Based on the mutually agreed-upon program, schedule Certificate for Payment or 60 days after the date of Substan- and construction budget requirements, the Architect shall tial Completion of the Work. prepare, for approval by the Owner, Schematic Design Docu- 2,6.2 The Architect shall provide administration of the Con- ments consisting of drawings and other documents illustrating tract for Construction as set forth below and in the edition of the scale and relationship of Project components. AIA Document A201, General Conditions of the Contract for 2.2.5 The Architect shall submit to the Owner a preliminary Construction, current as of the date of this Agreement, unless estimate of Construction Cost based on current area,volume or otherwise provided in this Agreement. other unit costs. 2.6.3 Duties,responsibilities and limitations of authority of the 2.3 DESIGN DEVELOPMENT PHASE Architect shall not be restricted,modified or extended without written agreement of the Owner and Architect with consent of 2.3.1 Based on the approved Schematic Design Documents the Contractor, which consent shall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- ceming performance of the Owner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract Documents on written request of tion for the Owner against defects and deficiencies in the Work, either the Owner or Contractor. The Architect's response to but the furnishing of such project representation shall not such requests shall be made with reasonable promptness and modify the rights,responsibilities or obligations of the Architect within any time limits agreed upon. as described elsewhere in this Agreement. 2.6.16 Interpretations and decisions of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When making such interpretations and initial deci- documents when such revisions are: sions, the Architect shall endeavor to secure faithful perfor- mance by both Owner and Contractor,shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall not be liable for results of interpretations or given by the Owner,including revisions made neces- decisions so rendered in good faith. sary by adjustments in the Owner's program or Proj- 2.6.17 The Architect's decisions on matters relating to aesthe- ect budget; tic effect shall be final if consistent with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract Documents. or regulations subsequent to the preparation of such 2.6.18 The Architect shall render written decisions within a documents; or reasonable time on all claims,disputes or other matters in ques .3 due to changes required as a result of the Owner's fail- tion between the Owner and Contractor relating to the execu- ure to render decisions in a timely manner. tion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, qual- matters, including those in question bet e Owner and ity, complexity, the Owner's schedule, or the method of bid- Contractor, except for tho g to aesthetic effect as pro- ding or negotiating and contracting for construction,except for vided in Sub .6.17, shall be subject to arbitration as services required under Subparagraph 5.2.5. 3.3.3 Preparing Drawings, Specifications and other documen- tation and supporting data, evaluating Contractor's proposals, and providing other services in connection with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection with evaluating substi- tutions proposed by the Contractor and making subsequent 3.1 GENERAL herein 44) revisions to Drawings,Specifications and other documentation resulting therefrom. 3.1.1 The services described in this Arti 3 are not included in Basic Services unless so identified i ,and they shall 3.3.5 Providing consultation concerning replacement of Work be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor,by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor,or by failure of performance of either the Owner or control, the Architect shall notify the Owner prior to com- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive number of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required,the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing, gation to provide those services. arbitration proceeding or legal proceeding except where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto. SERVICES 3.3.9 Preparing documents for alternate,separate or sequential 3.2.1 If more extensive representation at the site than is bids or providing services in connection with bidding,negotia- described in Subparagraph 2.6.5 is required, the Architect shall tion or construction prior to the completion of the Construc- provide one or more Project Representatives to assist in carry- tion Documents Phase. ing out such additional on-site responsibilities. 3.2.2 Project Representatives shall be selected, employed and 3.4 OPTIONAL ADDITIONAL SERVICES directed by the Architect, and the Architect shall be compen- 3.4.1 Providing analyses of the Owner's needs and program- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of authority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement,unless 3.4.3 Providing planning surveys, site evaluations or com- otherwise agreed. parative studies of prospective sites. AIA DOCUMENT B141 • OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. ARTICLE 5 .3 if the Project is abandoned, terminate in accordance with Paragraph 8.3; or CONSTRUCTION COST .4 cooperate in revising the Project scope and quality as 5.1 DEFINITION required to reduce the Construction Cost. 5.1.1 The Construction Cost shall be the total cost or esti- 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4, mated cost to the Owner of all elements of the Project designed the Architect, without additional charge,shall modify the Con- or specified by the Architect. tract Documents as necessary to comply with the fixed limit,if established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contract Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a fixed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation in accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, if any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies,including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cost of other documents for information and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project.The Archi- of determining bid prices,or over competitive bidding,market tect's Drawings,Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and does not warrant or represent that bids or negotiated prices this Project or for completion of this Project by others, unless will not vary from the Owner's Project budget or from any the Architect is adjudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in writing and with appropriate compen- to by the Architect. sation to the Architect. 5.2.2 No fixed limit of Construction Cost shall be established 6.2 Submission or distribution of documents to meet official as a condition of this Agreement by the furnishing,proposal or regulatory requirements or for similar purposes in connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto.If tion of the Architect's reserved rights. such a fixed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation,to determine what materials,equipment,com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION /l,a ments alternate bids to adjust the Construction Cost to the fixed �(1 limit.Fixed limits,if any,shall be increased in the amount of an l increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this ee- Contract for Construction. ment or breach thereof shall be subject to and decide y arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Ind ry Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Associa ' n currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree of ise. Construction Cost shall be adjusted to reflect changes in the 7,2 Demand for arbitration shall be ed in writing with the general level of prices in the construction industry between the other party to this Agreement with the American Arbitra- date of submission of the Construction Documents to the tion Association.A demand fo rbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after t claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro- question has arisen.In event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after the to when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings b d on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question wo d be barred by the applicable statutes of limitations. limit; 7.3 arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project sh include,by consolidation,joinder or in any other manner, within a reasonable time; AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. the specific information considered by the Owner to be confi- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the Architect on the construction sign and in the pro- 10.3.1 An initial payment as set forth in Paragraph 11.1 is the motional materials for the Project. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to ser- ARTICLE 10 vices performed within each phase of service, on the basis set PAYMENTS TO THE ARCHITECT forth in Subparagraph 11.2.2. 10.3.3 If and to the extent that the time initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or extended through no fault of the Architect, compensation for any ser- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Architect's personnel engaged on the Project and computed in the manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory and customary con- tributions and benefits related thereto, such as employment 10.3.4 When compensation is based on a percentage of Con- taxes and other statutory employee benefits, insurance, sick struction Cost and any portions of the Project are deleted or leave, holidays, vacations, pensions and similar contributions otherwise not constructed,compensation for those portions of and benefits. the Project shall be payable to the extent services are per- formed on those portions, in accordance with the schedule set 10.2 REIMBURSABLE EXPENSES forth in Subparagraph 11.2.2,based on(1)the lowest bona fide bid or negotiated proposal, or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent preliminary estimate of Construction tion for Basic and Additional Services and include expenses Cost or detailed estimate of Construction Cost for such por- incurred by the Architect and Architect's employees and con- tions of the Project. sultants in the interest of the Project,as identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2.1.1 Expense of transportation in connection with the 10.4.1 Payments on account of the Architect's Additional Project; expenses in connection with authorized out-of-town Services and for Reimbursable Expenses shall be made monthly travel; long-distance communications; and fees paid for secur- upon presentation of the Architect's statement of services ren- ing approval of authorities having jurisdiction over the Project. dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Specifications and other documents. 10.2.1.3 If authorized in advance by the Owner, expense of 10.5.1 No deductions shall be made from the Architect's com- overtime work requiring higher than regular rates. pensation on account of penalty, liquidated damages or other sums withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,models and mock-ups requested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expense of additional insurance coverage or limits, 10.6 ARCHITECT'S ACCOUNTING RECORDS including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and 10.6.1 Records of Reimbursable Expenses and expenses per- Architect's consultants. taining to Additional Services and services performed on the basis of a multiple of Direct Personnel Expense shall be avail- 10.2.1.6 Expense of computer-aided design and drafting able to the Owner or the Owner's authorized representative at equipment time when used in connection with the Project. mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect as follows: 11.1 AN INITIAL PAYMENT of r shall be made upon execution of this Agreement and credited to the Owner's account at final payment. ) 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2, and any other services included in Article 12 as part of Basic Services, Basic Compensation shall be computed as follows: (Insert basis of compensation, including stipulated sums, multiples or percentages, and identify phases to which particular methods of compensation apply, if necessary.) A fixed fee of $9,450.00 as outlined in Article 11.2.2 plus an additional allowance of $500.00 for reimbursable expenses for a total fixed fee of $9,950.00. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 B141-1987 8 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost,progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: (Insert additional phases as appropriate.) WMXt K30M: MMIXXXX m Design Development Phase: (including field work) twenty—five percent(25 %) $2,362.50 Construction Documents Phase: fourty—five percent(45 %) 4,252.50 Bidding or Negotiation Phase: ten percent(10%) 945.00 Construction Phase: twenty percent(20 %) 1,890.00 Total Basic Compensation: one hundred percent(100%) $9,450.00 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 3.2, compensation shall be com- puted as follows: $85.00 per hour for principal architect's time. $65.00 per hour for associate's time. 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Articles 3 and 12, other than(1)Additional Project Representation, as described in Paragraph 3.2, and(2) services included in Article 12 as part of Basic Services, but excluding services of consultants, compensation shall be computed as follows: (htsert basis of compensation. including rates and/or multiples of Direct Personnel Expense for Principals and employees.and identijy Principals and classify employees. if required. Identify specific services to which particular methods of compensation applr if necessary.) Additional services to be performed by the ARCHITECT shall not be performed without written approval by the OWNER under such terms and conditions as may be agreed by the parties hereto. 11.3.3 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 3.4.19 or identified in Article 12 as part of Additional Services, a multiple of one and one—tenth ( 1.1 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 12, if required.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as Reimbursable Expenses,a multiple of one and one—tenth ( 1.1 )times the expenses incurred by the Architect,the Architect's employees and consultants in the interest of the Project. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been completed within twelve ( 12 )months of the date hereof,through no fault of the Architect,extension of the Architect's services beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.3.2. 11.5.2 Payments are due and payable thirty ( 30 ) days from the date of the Architect's invoice. Amounts unpaid thirty )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Architect. (Insert rate of interest agreed upon.) 1.5% per month on the unpaid balance. (Usury laws and requirements under the Federal Trutb in Lending Act,similar state and local consumer credit laws and other regulations at the Owners and Archi- tect'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 a itb respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA° • ©1987 9 8141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be annually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert descriptions of other services,identify Additional Services included within Basic Compensation and modifications to the payment and compensation terns included in this Agreement.) This agreement may be terminated in the sole discretion of OWNER after the design phase as provided herein has been completed upon seven (7) days written notice. ARTICLE 13 The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement shall be deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. ARTICLE 14 This agreement shall not be construed so as to create a partnership, joint venture, employment or other agency relationship between the parties hereto, except to the extent specifically provided for herein. ARTICLE 15 Architect shall also advise and consult with Owner, in connection with any court proceeding or dispute with any contractor or third party arising out of construction, including, but not limited to mechanic ' s lien claims, without additional charge. This Agreement entered into as of the day and year first written above. p THE CITY OF a--ELGIN AR' T` NESIGNERS, INC. (Signs ) (Signature) MICHAEL A. DIXON, FAIA/Director of Arch. JOYCE A. PARKER, City Manager CINDY O'NEIL, President Presp vation (Printed name and title) (Printed name and title) I I CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT 8141 •OWNER-ARCHITECT AGREEMENT a FOURTEENTH EDITION•AIA® • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVENUE,N.W.,WASHINGTON,D.C.20006 8141-1987 10 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. � 55 " � Q File Number 5326 938 9 �. � � �• <- l��-� � .-j � j 111 j ' �� `, A9 i 'mid to w4m \ ) J n ARTICLES OF INCORPORATION OF • C. 0 NEIL DESIGNERS, INCORPORATED INCORPORATED UNDER THE LAWS OF THE STATE OF ILLINOIS HAVE BEEN FILED IN THE OFFICE OF THE SECRETARY OF STATE AS PkUVIDEU by THE BUSINESS CORPORATION ACT OF ILLINOIS, 1N FORCE JULY 13, A . U . 19 ;3 . !f� L/GG G�,�Z.�e4�•�e.'CCG L%�i����IG��C�JTi. // ((// �; fat ��*�iitta�it�����r•��°��, ����.��;►����,��,�P,� 18th NOVEMBER A.D.�!9 8 3 r ���e/i�ZG��fLP/!?rG�%�'GGP�i�'�GFi���i,��%�l•��J� SECRETARY OF STATE �4 4 l City of Elgin Agenda Item No r,um June 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Architectural Services For a Facade Improvement Project--11-15 Douglas Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a contract for architectural services for a Facade Improvement Project at 11-15 Douglas Avenue . BACKGROUND Upon receipt of an application for Facade Improvement Program participation for the property at 11-15 Douglas Avenue (Fred- erick J. Steffen, trustee) , a Request For Proposal was sent to firms to provide architectural services. Under the Facade Improvement Program, architectural services are paid by the City. Services include design, preparation of construction documents, assistance with bidding and construction oversight . The architect will work with staff and the property owner to develop the building improvements . Further services provided will be contingent upon City Council approval of the project and a Facade Improvement Program Agreement being executed. Three firms responded to the Request For Proposal . Staff reviewed the proposals looking for experience with similar projects and staff assigned to the project, as well as cost of services . Experience with similar projects is a particularly important factor since the project involves not only store- front restoration, but removal of cladding from the front facade and restoring architectural features which may or may not exist . The firms appearing to be equal in experience are Dahlquist and Lutzow (John Roberson, project architect) and C. O 'Neil Designers, Inc . (Mike Dixon, project architect) . In reviewing fees, Dahlquist and Lutzow and C. O 'Neil provided fixed fee proposals--$14, 500 . 00 (plus $550 reimbursables) and $9, 450 . 00 (plus $500 reimbursables) , respectively. Greg Berna proposed a lump sum fee of $5, 265 . 00 for these services, but noted that additional services and fees included redesigning due to the unknown condition of the building under the clad- ding. A tabulation sheet is attached. Because Mr. Berna ' s fee estimate left open an unknown quantity, a comparison of fees with the other proposals is not possible. Architectural Services for a Facade Improvement June 15, 1998 Page 2 Therefore, upon review and scoring of the proposals, staff would recommend the selection of C. O'Neil Designers, Inc. (ODI) to provide architectural services for a facade project at 11-13-15 Douglas Avenue . The project architect, Mike Dixon, has had extensive experience with this type of project and has worked on projects under Elgin' s Facade Improvement Program (56 South Grove Avenue, 163-167 East Chicago Street, 209-211 Chicago Street) . - COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT The fixed fee for providing the architectural services associ- ated with a facade project at 11-13-15 Douglas Avenue is $9, 450 . 00 . Sufficient funds for this expenditure are avail- able in account number 350-0000-795 . 78-99, Downtown Redevelop- ment Fund, Rehab Grants. �W!�GAL IMPACT None. ALTERNATIVES 1 . Approve the proposal by C. O'Neil Designers, Inc . to provide architectural services for a facade improvement project at 11-13-15 South Douglas Avenue . 2 . Reject the proposal by C. O 'Neil Designers, Inc. to provide architectural services for a facade improvement project at 11-13-15 Douglas Avenue and approve services by Dahlquist and Lutzow for a fixed fee of $14, 500 . RECOMMENDATION It is recommended that the proposal by C. O'Neil Designers, Inc. for architectural services, at a fixed fee of $9, 450 . 00, be approved. Respectfully submitted, yce A. Parker dkn/dkm City Manager TABULATION OF BIDS CITY OF ELGIN Greg Berna Architect Dahlquist & Lutzow C. O'Neil Designers Inc 221 DuPage St Architects LTD 999 E Touhy Ave Invitation to Bid: RFP#98-055 Elgin, IL 60120 462 N McLean Blvd Des Plaines, IL 60018 Date of Opening: 5/29/98 Elgin, IL 60123 Department: New Century Partnership Item # Description Amount Amount Amount Amount 1 Architectural Services for 11-15 Douglas Avenue $5,265.00 $14,500.00 $9,450.00 Elgin, IL On-site construction visits 55/hour included included TOTAL See below" $14,500.00 $9,450.00 " PLUS: Additional services. The front west elevation of building is cast iron and could require extensive redesign due to unknown condition and damage.