Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
98-222
Resolution No. 98-222 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH GREG BERNA FOR ARCHITECTURAL SERVICES ( 160 North Street) 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 Greg Berna for architectural services under the Facade Improvement Program for the property located at 160 North Street, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: September 9, 1998 Adopted: Sepetember 9, 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement made and entered into this lgth day of August , 1998, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City" ) and GREG BERNA (hereinafter referred to as "Architect" ) . WITNESSETH WHEREAS, the City has agreed as part of its Facade Improvement Program to assist in improvements to the exterior of the facade of the building at 160 North Street Elgin, Illinois ; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior facade of the building at 160 North Street to include painting, tuckpointing and brick cleaning 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 facades of the building at 160 North Street to include painting, tuckpointing and brick cleaning. 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 $8800. 3 . That Article 7 as set forth in the attached Exhibit 1 entitled "Arbitration" is hereby deleted in its entirety. 4 . That in the event of a conflict between this form agreement and Exhibit 1 attached hereto the terms of this form agreement shall control . 5 . 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 GREG BERNA, ARCHITECT By Ci ager Attest : _ YY City Clerk T H E A M E R I C A N I N S T I '1' U T E O F A R C li I T E C T AIA Docimient 8141 Standard Form Of Agreement Between Owner and Architect 1987 EDITION 77-11S DOCUMENT f111S IMPORTA;VT L1;G11L CO1VSEQUElVC1sS; COA'SULT117'10iV IVITI-1 AN ATTORNEY IS I:N000RAGED IVITII RESPECT TO ITS C0,1IPLIi77O:V OR MODIFICATIO,V. AGREEMENT made as of the 18th d'.IY of August in the year d Nineteen I-Rindred and 98 BETWEEN the Owner: The City of Elgin, Illinois, a municipal corporation (A'ctrne title/(uhhess) (hereafter referred to as "OWNER") , 150 Dexter Court, Elgin, Illinois 60120. and the Architect:-Greg Berna, Architect, an Illinois corporation (hereafter (r\'rur a nru/(+r/thx.ss) referred to as "ARCHITECT") , 221 DuPage St. , Elgin, Illinois 60120. For the following Project: 160 North Street (lnclmh-rlrtrrilml deso 1pliurr uJ lhnlrk•l, lrx•rrlinn, uc/rh•css nnrl sc(pe,) The project involves improvements to the exterior facades of the building at In general, areas of attention are to include painting, tuck point3.ng; brick cleaning. 1'he Owncr and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1967, 197o, 1974. 1977,©19R7byThcAmericrnlnstiuue of Architects, 1735 New York Avenue, V'ashingnon, D.C. 20006. Reproduction of the material herein ur substantial quoution of its provisions without written permission of the AIA Violatcs the cup�•right laws of the United States and%\-III be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER•ARCIIIITCT AGHFUMENT • hOLA(T EEN'I'11 I:I)17'IUV • AIAI •tiD 198' TI IF AMERICAN INSTITUTE OF ARCIII'ITC'1:N,173" YORK AVIE�taE,N.W.,WASHINGTON.1)C.im 1?6 B141-1987 1 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. EXHIBIT I TERMS AND COND111ONS Ol- AGRI"Ei\•IFN'I' BE'I'WFE:N 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 aiul other documents to fix and describe 1.1 ARCHITECT'S SERVICES the sire and character of the Project as to archi(CCfUG11, Seruc• rural, meth:laical and electrical systems. materials and such 1.1.1 The Architect's services consist of those services per• other elements as tray he appropriate. formed by the Architect,Architect's employees and Architect's 2.3.2 The Architect shall ad vise the Owner of an Id uS(InentA consultants as cnumerued in Articles 2 and of this Agreement to the preliminary estimate of Construction Cost j and any other services included in Article 12.. 1.1.2 The Architect's services shall be perli)nncd ass expcdi- 2.4 CONSTRUCTION DOCUMENTS PHASE tiously-.is is consistent with professional skill and care and the orderly progress of the%X'ork. Upon request of the Owner, the 2.4.1 WSW on .the approved Design Development Docu- Architecl shall submit for the Owner's-approval a schedule for n)cnts and any further adjustments In the scope or quality Of the performance of the Arc'hitect's services \which may be the Project or in the construction budget authorized by the adjusted IS the Project proceeds, and shall include allowances O%vncr,the Architect shall prepare,for approval by the Owner, for periods of time reduirel for the Owner's review- and for Construction Documents consisting of Dr wings and Specific:. riots setting forth i approva of submissions by authorities It:lviog jurisdiction over n ckrtil the rreµsirentents for the construe• the Project. Tints: limits established by this schedule approved tion of the Project. by the Owner sh:dl not,except for rewSO11a1)le c'ausc',be cxcecdcd by the Architect or Ovvner. 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 subicCt to tions of the Contract, and the form of Agreement between the the laic linikations contained in Suhpau'agraph 1 1.5.1. Owner and Contractor. 2,4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous prclintin:u'y estimates of Construction Cost indi. SCOPE OF ARCHITECT'S BASIC SERVICES catep by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner in connection with 2.1 DEFINITION the Ow'ner's responsibility for tiling documents required for 2.1.1 The Architect's Basic Services consist of those described the approval Of gO\'crnnlental authorities having jurisdiction in Paragraphs 2.2 through 2.6 and any other services identified over the Project. in Article 12:es part of Basic Services,and include normal stresc• tural, mechanical and electrical engineering services. 2.5 BIDDING OR NEGOTIATION PHASE 2,2 SCHEMATIC DESIGN PHASE 2.5.1 The Architect, following the Ow'ner'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 amtual 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 O\\•ner's program, Schedule and construction hudget OF THE CONSTRUCTION CONTRACT requirements, cacti in terms of the other,subject to the linnim- tions set forth in Subpanigr:tph 5.2.1. 2.6.1 The Architect's responsibility to provide Basic Services lilr the COns(ruction Phase under this Agreement commences 2.2.3 The Architect shall review with the Owner alternative with the ;w'an'd of the Contract for Construction and ter mi• approaches to design :Ind c'onstruc'tion Of the Project. Hate.at the earlier of the issuanc'c to the Owner of the final 2.2.4 Based On the nutuallq' agreed-upon progr;utt, schedule CcrOliic:te lirr Payment or hit daps after the date Of Subsrsn- and construction budget requirements, the Architect shall tied COntplctiun of tile Work. prepare, fir approval by the O\\'ter, SchcnrtiC [),,Sign DOCU• 2.6.2 The Architect shall provide :ILIlIiinistr:tio1i of the con. ments consisting of drawings and other doc'un)cnts illustrating tract for Construction as set forth below and in the edition of the scale and reL•tionship of Project components. AIA DOCUntcnt A201, General Conditions of the Contract tier 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 basal 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 he restricled,modified or extended without written agreement Of the Owner and Architect wjih consent of 2.3.1 Based on the approved Schctrtaic Design lhlcunleatS the Contrac'or, which consent shall not be Lill rcasonahlc and any adjustments authorized by the Owner in the program, withltcld. AIA DOCUMENT 8141 • OWNlilt ARCIII11:CT Atal(I{h?II:NT • Ft)CUTIA:N'1'll IiDITION •AIAA •r}1'1x7 Tnr:Aalratl<:AN IxA'1'I'1'l"I'li OF AI2CI11'I'Cl:l?, I T,iS NIiN'1'l)ItK nvCNt:E.N.\r..\rASnlx(rr(>�.u.c:.�IMNI( B141-1987 2 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. 2.6.4 The Architect shall be a representative of and shall advise quantity of the work,(2)reviewed constructlon means, meth- and consult with the Owncr(1)during construction until final ods, techniques,sequences or procedures,(3)reviewed copies payment to the Contractor is clue,and(L)as:ut Additional Scr• of requisitions received from Subcontractors and material sup- vice at the Owner's direction frcrnt tinge to time during the cur- pliers and other data rccjucstcd by the Owner to substantiate rection period(lescribed in the Contract for Construction. The the Contractor's right to payment or(•i)ascertained how or for :\rchitect $11:111 have althorn)• to act On behalf of the O\cnrr what purpose the Contractor has used money previouSly paid only u1 the extent provided in this Agreement unless otherwise R11 account of file Contract Sum. nlodilied by written Instrument. 2.6,11 The:\rchitect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriae does not conform to the Contract Docunlcnts. Whenewcr the to the stage of construction or :u otherwise agreed by the Architect considers if neccssary or advisable for implenlellm- Owner and Architect in (writing to become generally Iamiliar lion of the intent of the Contract Documents,the Architect will with the progress and equality of the Work completed and to have authority to require addition,inspection or testing of the determine in Wiicral if the v ork is heing perforntetl in a 111:111• Work in accoxL•mce with the provisions of the Contract Docu- ner indle-ming d%t the Work (when completed will he in accor• nlcnts, whether, Or not such Work is Gtbricated, installed or dance %with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be regtlred to make exhaustive or C0110I1U0uS un-site a decision made fn good faith either to exercise or not to cxer• inspections io check the quality or quantity Of the Work. On vise Such authority shall give rise to a duty or responsibility of the ImAs of on-site observmloi s as :ill architect, the Architect the Architect to tilt: Contractor, Subcontractors, material and shall keep the Owner informed of the progress and quality of equipment Suppliers, their agents or employees or other per. the Work, and shall endC.IVOr to guard the Owncr ag:linst sons performing portions Of tilt: work. defects and deficiencies fn (lie Work. (Ilm-e e.weitsive silt, rtywese►►lt►llnu met),be agr•e•rrl In as tn►Aetrlilir,ual.Veo-rte cis 2.6.12 The Architect Shall rewfcw and approve or lake other d scwiberl i►► 11(11-1 grapb,f.?.) appropriate action upon Cuninactur's SubntittalS such :Is Shop Drawings, Product Data and Samples, hilt only li,r the limited 2,6.6 The architect shall not hate control over or charge of purpose of checking for conformance with information giver1 and shall not be responsible for construction means,methods, 3lld the design concept expressed in the Conirnt Docunlcnts. techniques,sequences or procedures.or for safety precautiollS The Architect's action shall he taken with stich reasonable mid programs fn connection with the Work, since Utcse are promptness as u, Cause nO clClay in the work or in the con- solely the Contractor's responsibility under the Contract for struc•tion of the Owner or Of Separate comractors, while allow- Construction. The Architect shall nut be responsiblc for the ing sufficient tint: in the ArchitCCCS professional judgnlc'nt 10 Contractor's schedtles or 1Allure a,Can'w Out the Work in ace„r• hermit alequmc review. Revictc•Of such suhnlfCl:tls is not Con- dance with the Contract DocunlenK The Architect shall not ducted for the purpose of(Ictcrnlioing the accuracy and Conl- have control over or chm-ge ul•aCls or Omissions of the Cumt•:te• plewncss of other d.-mils such :e:dimensions and cluantilies ur tor. Subcontractors, or their :tgcros Or employee:s, or of:tit, for suhstantiming imstructions for insellation Or perlormance of Other)ter:sons performing portions Of the \Cork, ccluipmcnt or systcros do:signed by the 0 mmicu,r,all of(which remain the responsibility of the Contractor u, the exlcni 2.6.7 The Architect shall at all times lace access t, thee \\ark requircd by the COnlract Documents. The Architect's rcvicw wherever it is in preparation or progress. shall not constitute ;tpprt>t•al of sA*ct)' prcc;utltions Or, unless Otherwise specifically stated by the Architect, of construction 2.6.8 lac'ept as may Otherwise he prut'iticd in the Cunu':tit 111cans, methods. tcchnfqucs, scgLICOCCs Or procedures. The Documents or when direct Communications have been spe• Architect's approval Of a specific item shall not indicate cially authorized,the Owncr and COnmmor shall cunlmunicatc approval of:ill assenthly Of \which the dent is a component. lhruug11 the Architect.Contrtunlicadons by and with the A-c•hi- Chen professional ccrtilic:i(ion of perform:utce characteristic's tot's c'onsullams shall be through the Architect. of maierlals,systems or ccluipmcnt Is requircd by the Contract Documents, the Architect shall he entitled to rely upon such 2.6.9 \laced on the:\r•hilcrt's uhs�•rwations and ewauatiutts ill' ccrtilicalfOn u, establish that the ntatcrials, s)•stcnls ur equip• i the Contractor's Apjtlicafinns liv I a�nlcnt, the Architect shall aunt will nlec•t Ilse perfurmancc criteria rc(Itiwed by the Con- rewicw and certify the amounts Clue the COnu•aCior' tract Documents. 2.6.10 The Architect's rc(Iilieation for Imymcm shall COnsti- 2.6,13 The Arc'hitcct shall prc•p:ur Change Orders and Con- Ime a representation it) the Uwner. lased Olt the Architect's siruc•tion Change Dircciivcs, with supporting documentation ohserw:niuns at the site is provided in Suhparagniph 2.03 mid :u1d dart if dccme.1 neecssary by the Architect :IS provided in On the data Comprising the COno%ictor's Applic:tfon loo 1'at' .i, l nlent, ghat, u> the leSl of the Architect's knuwlrtgr. inlinnlcl- Subparagraphs 3.1.1 and i Si,r the Owner's approval and cNe'cutiun in ac•COr(lance with the Comrac't Documents, and lion and belief.the Vork has progressed a)the point indic'ale`I may authorize minor Changes in the \\'OIc not fn1.Oh•f1tt; ld and the quality ill' Vlwk is in accordance twith the Comnic( a(a% authorize intheinor clu S” Or[li extension ofthcContact) Docunlcnts. The loreguing representations are suhicrl to a't ')'loge 1110 which are not olnict i um with(lie inter►ofthe COntracl vv;ilumiun of the Work for eonliunl:nwe with the Contract Documents. Documents upon Subscmtial Completitul, to results of suhsc. (htcnt tests:old inspections,to minor deviations from the(:On- 2.6.14 The :\rchftct.t shall Conduct illspCClions fu determine trlc't Documents correctable prior to completion and a, spe• the dme or(Iatc:s ol'.Nuhstantial Completion:111d the tiuc of final vilic gtcliticodons expressed by the ArChimo.The issimove of a completion, shall rcceive :u1d forward it) the Owner Air file <:crllllc•ate for 11mmcm shall I'urlhcr Cunstinrte a reprv.scimidon Owner's review ant\ records wrinen w:u'raIllI0 and rclalctl )hat the Commcior is entitled it)p:g•ntcnl ht the amount Ccrtf- dnCUI11e11IS rc•cluirctl by the Comae\ Docunlcnts and assent- Ilvd. I lowcvcr, file issuance of a Cmilicate lit• Payment shall bled by the Cumnaetor,:1nd shall issue a lino Cel-silk-me 1111.11;1%-. nut he a represcnlatfun Ihat the:\rchitect has(1)made exhatls• rent idler compli.ince with the requirements ill'fhe Collin ict live or Continuous on-site in>pecliurls lu check the quality or D<,eIIInC'llls. AIA DOCUMENT 0141 •0WNFR•ARCFIITLCJ'AURFEMES1'• FOLYrEENTI1 Em-rio,4•AIA3 - *198' 3 8141-1987 • l IF AMERICAN INST11VTE OF ARCHITECTS,1735 SEW YORK Al ESVE,N.w..WASHIXGTOV,n.(:.SUNwK, WAnNING: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- cerning performance of the Ovvner and Contractor under the tatives, the Architect shall endeavor to provide further protec- requirements of the Contract DOC(II11Cltt5 un written rcqucst of lion for the Owner against defects and(.10MencteS in the\Fork, either the Owwner or Contractor. The Architect's response to but the furnishing of such project representation shall not such MILICSts shall be made «9th reasonable promputess and nutclify 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 (Iecisiuns of the Architect shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent %wtlh the intent of and reasonably inferable from the Contract Duc•untents and shall he in writing or in the firm of 3.3.1 ,Making revisions in Drawings, Specifications or other dr-ravings. \When making such inte•rprcetiuns and initial dcci- documents when such rt.-visions are: Mons, the Architect shall endeavor to secure faithful perfor- nt;uttc b% both Owner and Con(rtcu>r,shall not Shuvv partiality' .1 inconsistent with approvals or instructions previously to either,and shall not he liable for results of interpretations or given by the 0%vner, tncluding revisions made neccs- clecisiuns so rendered in good hill', sae•by adjuSMICI S in the Owner's program or Prol- 2.6.17 The Architect's decisions on matters relating to acsthe- cc( budget; tic effect sh:ll he final if consistent \vith the intent expressed in .2 required by the enactment or revision of erodes, laves the Contract DOCUIIIe•m5. or regulations subsequent to the preparation of such documents; or 2.6.18 The Architect shall render (written decisions (within a reasonable time On all claims,disputes or other matters in ques• .3 (tile to changes required as a result of the Owner's Lail• (ion between the Owner and Contactor relating to the execu- tire to render decisions in a timely manner. Lion or progress of the Work as provided in the Contract Documents. 3.3.2 Providing services required because of significant tr changes in tale Project including, but not limited to,size,qua l- It•, conytlexity, the Owner's schedule, or the method of hid- matters, including those in question he ,• v\ner and cling ur ni;goti:ting and contracting for construction,except for (:untnacur, except for tl ng to aesthetic•effect as pro- scr ices required under Subparagraph 5.2.5. vided in .tp t 2.6.17,Shall be subject to arbitration as ts. 3.3.3 Preparing Drawings. Specifications and other(locuntc•n- Ution and supporting data. evaluating Contractor's propoxals. . :utcl providing other services in connection \with Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in COI1nCCdOII with evaluating Substi- llltiolt5 pntposcd by the Contractor and making subsequent 3.1 GENERAL revisions n, Dn;ravings.Specitir 60 1IS and other ducumunlation resulting therefrom. 3.1.1 The services described in this Article i are not included in Ifasic Services unless so identified in Article 1 1,and they shall 3.3.5 Providing consultation concerning replacement ill'Work , in paid liar by the Ovwncr as provided in this Agreement, in damaged by lire or other cause during construction, and fur• addition to the compensation for ISasic Services. The services ntshtnII sVork.s required in connection meth the replacement described under Paragnaphs 3.2 and 3.4 shall only he provided cal'Such \C'urk. If authorized or confirmed in writing by the Ovvnor. 11'sciwices 3.3.6 Providing services made necessary by the default of(lie described under Contingent Additional Services in Paragraph C onmictor.by major cicfec(s or deficiencies in the Work of the 3.3 :ue required clue to circumstances beyond the Architect's Contractor.or by failure of performance of either the Owner or control, the Architect shall notify the Ovvncr prior to corn- Contractor under the Contract for Construction. mencing such services. If the Owwner deems that Such Ser\'ices described under Paragraph 3,3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive nuntlm.of shall give prompt written notice u,the Architect. if the O\vncr claims submitted by the Conmictor or others in connection inelicatcs in writing that all or part of such Contingent Addi• \with the Work. tiun:l Services arc not required,the Architect dell have no obli- 3.3.8 Providing serv'ic'es in connection with a public hearing. gation w provide those services• arbitration proceeding or legal proceeding except (where the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is part• (hereto. SERVICES 3.3.9 PreparinK documents fete alternate,separate ur sequernial 3.2.1 If more extensive representation at the site than is bids or providing services in connection Mill bidding.negutia• dexrihed in Subparagraph 3.(x.5 is required, the Architect shall tton or construction prior u> the completion of the (anMn•Uc- prowidc one or more Project Representatives to assist in cerry- Lion Documents Phase, ing()ill such :al(litiun:tl on•Sitc respunsibilitics. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall he selected, employed and directed by the Architecl, and the Architect shall he compels- 3.4.1 Providing analyses of the Owner's needs and pru4rtm- sated ihereloi- as agreed by the O\voc•r :ind Architect. The thing tilt• recfuircmcnts of the Project. dales, responsibilities and litnilatit,ns ill'authority ill' Project 3.4.2 Providing linamial feasibility or other special studies, Representatives shall he as described in the edition of AIA Doc•unicnl 11353 Current as of tilt•date of this Agreement,unless 3.4.3 Providing planning sure;~, site ew:luations or Cum- otherwise agreed, parative studies of prospe•e(twe sites. AIA DOCUMENT 8141 • OWNI:K•Alt(:Illt'l-AA'AGRE NIIsNT• FOUK'ITENT11 EDITION• AIAI • a,19M- I'lIK dill?RICAN IN,Trrt:rIi O1 AltClll'I'li(:'I'S,17}5 Nli\t'YOKh AVI:NUI:,N.\e..,WASIt.GTOV,It.(:.3rN)(aa 8141.1987 4 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. 3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project,including the Construction Cost,the Owner's other or others having jurisdiction over the Project. costs and reasonable contingencies related to all of these costs. 3.4.5 Providing services relative to Inure facilities, systems 4,3 if requested by the Architect, the Owner sh;dl furnish cvi- and equipment. dente that:financial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing conditions or Owner's obligations under this :Agreement. facilities or to make me:cured drawings thereof. 4,4 'file Owner shall designate a represemadve audiorized to 3.4.7 Providing services to verify the XCUracy of drawings or act on the Owner's behalf with respect to the Project. The other information furnished by the Owner. Owner Or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the 3.4.8 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderly separate contractors or by the Owner's own forces:Ind coordi• .• and sequential progress of the Architect's services. nation of services required in connection with construction performcd and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site 3.4.9 Providing see ices in connection�.nth the work Of;l con• of the Project, and a written legal description of the site. The struction manager or separate consultants retained by the surveys and legal information shall include, as applicable, Owner. grades and lines of streets, alleys, pavements and adjoining 3.4,10 Providing detailed estimates Of COn5urmC110n Coss. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or Inventories Of lions, boundaries and contours of the site; locations, dimen- matcrial, equipmcnt and labor. lions and necessary data pertaining to existing buildings,Other 3.4.12 Providing analyses of o(vning and operating costs. improvements and trees;and information concerning avail:iblc utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar service.,; below grade, including inverts and depths. All the information «•quired for or in connection with the selection, procurement on the survey shall be referenced tO a Project benchmark. or installation of furniture, furnishings and related equipmcnt. 4.6 The Owner shall furnish the services of gcotechnical enki- 3.4.14 Providing services for planning imam or rental spaces. racers when such services are rcqucsred by the Architect.Such 3.4.15 Maldng invextigations, inventories of materi:ds or equip- services may include but are not limited to test boring, test Incnt,or valuations:mid detailed appu:dsads of existing kicilities. pits, determinations of soil bearing values, percolation tests, evaluations of hazardous materials,ground corrosion and resis- 3.4.16 Preparing a set of reproducible record dre(vings shoes'- tivity tests, including necessary operations for anticipating sub• Ing signilieant changes in (lie"VOrk made during construction soil conditions, with reports :1111 appropriate professional bx;ed on marked-1.11)prints,drawings and other data hunlished reconuriclidalions. by the Contractor 0>the Architect. 4.6,1 -file Owner shall furnish the services of other consul. 3.4,17 Providing assistance in the utilization of equipment or tints when such services are reasonably required by the scope systems such:Is testing,adjusting and balancing,prq%ira(ion of of the Project and are requested by the Architect. Operation and maintenance manuals, training personnel for operation and maintenance,and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical, air and water pollution tests, tests for hazardous materials,and 3.4.18 Providing services after issuance to the Owner of the other laboratory and environmental tests, inspections and final Certificate for Payment, or in the absence of a final Cer• reports required by lacy Or the Contract Documents. Iilicate for Payment, more than 60 days after the(late of Sub- stantial Completion of the work. 4.8 The Owner shall furnish all Icgal,ac'counling:uicl instance 3.4,19 Providing services of consultants for other than arch' Counseling services ace may be ncccssa0'y at any time for the tccitiml, structural, mechanical and clecirical rngincering pOr Project, including auditing scr('iccs the Owner may require to verify the Contractor's Applications for 1-.g-mvnt Or to asc'crClin Lions of the Project provided as a part of Basic Services. how or for what purposes the Conm.mor has used the money 3.4.20 Providing any Other services not otherwise included in paid by or on behalf of the Owncr. this Agreement Or not c•usunmarily furnished in accordance with generally accepted archit"mral practice. 4.9 The services, information,sur•cy's and reports required by Paragraphs 4.5 through 4.8 shall he furnished at the Oiwncr's expense, and the Architect shall he cmiticcl to rely upon the ac•curtcy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall he given by Iltc Owner to the Architect if the Owner becomes aware of any fault Or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. q,1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or c•c•rtilications requirements for the Project, including a program which shall requested of the :Architect Or Architect's constlrints shall he set North the Owner's objectives,s0hcdulc,constraints and cri- submitted to the Architect for review and approval at Imst I•i feria, including space requiremcnts and relationship., Ilexi• (lays prior to execution. The Owner shall not request certilica- Wilty, expandability, special equipment, systems and site tions that would require knowledge or services hcyond the requirements, scope Of this Agreement. AIA DOCUMENT 0141 ()\Y'\t R•,{I(CI11'I'F:(:I'A(iNF:F:III:\"I'• FOVICI'I l:.\'I'II EDITION•AIA& • 1571V87 5 B141-1987 TIIHA>Ifkl(:.{x IxSTIT(TIiOF.(It(:nf'E(;I'S,1715 NL•'W 1'0Rh.VF..N 'li.v.W..\*VA IINGTON.D.C.:Ixxx) 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 xi 5.1 DEFINITION required to reduce the ConsirUCti3Oil Cost. 5.2.5 If the Owner chooses to proceed under Clause 5:2.4.4, 5.1.1 The Constniction Cost shall be the total cost or esti- the Architect, without additional charge,shall modify the Con. mated cost to the Owner of all elements of the Project designed tract Documents:as necessary to comply with the fixed limit,if or specified by the Architect. established;is 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 Ocher:111(1 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 Illmsc is commenced. :ince for contingencies shall be included for market conditions at the time of bid(Iing :and for changes in the %York 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 `i• 6.1 -fhe Drawings, Specifications and other documents pre- 5.2 by the Architect for this Project are instruments of the 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Architect's service for use solely with respect to this Projcct 5.2.1 13V311.1ations of the Owner's Project budget, preliminary end, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailecl 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:u 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 lalxx, 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 sect's Drawings,Specifications or other docurents shall not be or negotiating conditions. Accordingly, the Architect cannot used by the Owner or others on other projects,for additions to and dues not warrult 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 cv:duatiun prepared or agreed except by agreement it) writing and with appropriate compen- to by the Architect. cation to the Architect. 5.2.2 NO flx('(I limit of Consu'uctiun Cost sicall he 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 he constnled 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 frxcd limit hats been est;ll lishecl, the Architect shall be permitted to include contingencies for design, bidding an(I price escalation, to determine xvhat materials,equipmcift,com- ponent systems and types of coils(ruction are to he included in ARTICLE 7 the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract DoCU- ARBITRATION ments alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits,if any,steal be increased in.thc amount of an increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this F Contract for Construction. merit or breach thereof shall be subject to and decided 5.2.3 If the Bidding or Negotiation Phase has not commenced trtion in accordance with the ConstruC(ion ln(lu Arbitra- witilin 9() days after the Architect submits the C:onstauctioat ,ion Rules of the American Arbitration Assoelati currently in Documents to the Owner,any Project budget or feed limit of effect unless the parties nuttcualh•agree oth• ise. Construction Cost sha11 be adjusted to reflect changes in the 7,2 Demand for arbitration shall be d in writing with the - genera{level of prices in the construction industry between the other party to this Agreement an •ith the American Arbitri- date of submission of the Construction Documents to [hr Lion Association.A demand fu itra[ion shall be made within Owner and [hc date on which proposals :uc sought, a reasonable time after ti claim, dispute or other matter in 5.2.4 If e fixe(I limit of Construction Cost (adjusted as pro- question has arisen. In event shall the demand for arbitration Vided in Suhparagraph 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 O(\•ner shall: proceedings bat on such claim, dispute or other matter in ,1 give written approval of an increase in such faxed question wo be barred by the applicable statutes of Wnirticros. limit; 7.3 N .rbitration 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 re-monabie time; AIA DOCUMENT 8141 O\r'Nta(•r\RCI11'I'li(:I'r\Glllili�ll{N'1'• F 1 01.11 'EENTI I GDITION •AIA" • (01)87 THE AMERICAN INSTITUTE OF ARC III1'ECTS, 1735 NEW YORK AVENUE,N,W.,WASHINGTON,U.(;.20006 B141-1987 6 WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution, this Agreement signed by the Owner,Architect,arid Other Additional Services earned to date-Iff-14W.nation person or entity sought to be joined. Conseil arbitration 1, occurs during the Design Dev ent Phase; or involving an additional person or cntit not constitute�. 3 five percent oft a compensation for Basic and consent to arbitration of any claim '.pute or other matter ut r\dditio .vices earned to date if tenninalion Lfuesfiun not described in the ttcn consent or with a person or entity not named or •ribed therein.The foregoing agree- ment to arbitrat• • c other agreements to arbitrate with an additional on or entity duly consented to by the parties a) this catterlt shall be specifically enforceable in accurclance ARTICLE 9 • MISCELLANEOUS PROVISIONS 7.4 The:retard rendered by 1lie:arbitrator or arbitrators shall be final,and judgment nm% be entered upon it in accordmice with 9 d, this .�grcetticnt shall be goo �(f B applicable lacy in;my court having jurisdiction thereof: erncd by the law mf the c A'1'eliket1. Si4TE e� Z//f•v0 f . 9.2 Terns in this Agreement shall have the same inc:ming as ARTICLE 8 those in AIA DOCUIIICIII A301, General Cunditions of the Con- tract for Construction,current as of the date of this Agreement. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the p:utics n) this :\grcentent 8.1 ']'Ills agreement clay he terminated by cithcr pau•ty upon pertaining to acts or failures to act shall be clecnted to have not less than seven clays' written notice should the other party accrued and the applfcahle simmes of limitations shall cony 1101 substantially to perform in accordance ttith the terns of this mence to run not later than either the date of Substantial Com- AKrecnunt through no f1u11 Of the p:tny initiating the terntinatiorl. pletion for acts or failures to act occurring prior(u Substantial Completion, or the elate of issuance of the linal Certificate for 8.2 If the Project is Suspcndcd by the Owner for more than 30 Payment for acts Or failures to act occurring al'tc•r Substantial consecutive clays, the Architect shall be compensated for ser- Completion. tices performed prior to notice of such suspension. When the Project is resumed, the Archicc•ct's compensation sha11 he cqui- 9.4 The Owner and m-chitc•ct waive all rights :against each (ably adjusted to provide I'or expenses incurred in the inlcrrup- other and against the contractors• consultants, agents and lion and rcsutnp(ion of the Architect's services. employees of the other for dam;igcs,but only to the ex(ent rot• crcd by property incur nce during construction, except such 0.3 This Agreement may be terminated by the Ownc•r upon rights as they may IMVC to(he proceeds Of SUCII insurance as set not less than seven days' written notice to the Architect in the forth in tile edition of AIA DoCUllurtl A201,General Conditions event that the Project is permanently abandoned. If the Project of the Contract for Construction, current:is of the date of this is ahmidoned by tote Owner for more than 90 consecutive clays, Agreement.'file Owner and Architect each Shall require similar the Architect ntay tcrminme this .kgrecownt by giving wrincn waiters from their contractorS, consultants:and agents. notice. 9.5 The Owner and Architect, respectively, hind themselves, 8.4 I°(ilure of the Owner to male payments(u the Architect in duir partners, succosors, assigns and legal representatives to accordance with tills Agreement shall be Considered substantial (Ile Other party to this Agreement and to the partners, SuCCCA- nonperformance and cause for termination. sors, assigns:and legal rcprescntatit•c•s of Such other party with respect to all cotenants of this Agreement. Neither Owner nor 8.5 If the Owner fails ro make payment When due the Archi- Architect shall assign this Agreement ttithout the written con- fect for services and expenses, the Architect may, upon seven Acct of the other. days'written notice to the Owner,suspend pert rmance of scr vices under this Agreement. Unless payment in full is rec•civc•d 9.6 -fills Agreement represents the entire and integrated:agree• by the Architect within seven Lla)s of the Lime of the notice,the nuns between the Owner and Architect and supersedes Al suspension shall take cl'fcct without further notice. In the c%-cm prior negotiations, representations or:,grcemt:nts, either writ• of a suspension of services, the Architm shall hate no li:thility ten or oral. This Agrccinuit nmy he:uncltdcel only by wrilml to the Owner for delay or damagc cmised the Owner because insiruntettt signed by both Owner:mLl Architect. ol'surlt suspension of service:,. 9.7 Nothing cooimincd in this Agrcumnt shall crca(e a c•ontr:rc- 8.6 In the 0-011 of 1c•rntiilAd011 nut the f;tl( of file Architect. ILIAI rcktionship with Ora cause of action in L,%-or of a ihircl (hc Architect shall be contpcosm.ed for services performed prim. party against cithcr rile owncr ur :\rehiieci. w fcrminadon,together with Reimbursable Expanses then due :utLl al •I'crminaion lixpCnses as drlined in P:u•agr:y)h 8.?. � 9.0 Unless othcnvisc profiled in ahis:\grrcnu•nt,the:1re•hi(cct and Architect's consultmits shall have no responsibility loar the 61 't VI 111111.11it'll HNIM,. discuL'cr)'.p.cscmce,Imildling, rcmtwL l or disposal of or cx1lm- 11'tsic and Additional Scrviccs. amLl include cxln•nscs t 1 arc sure of persons(o har:lyduus materials in any 1,61-111:11 the I'nycct directly allrihulablc to lernlinaion.TC I'll inatlot :.penscs sh:ll Site, including hilt Ili)( limtited to ;L<I)4�.tos, ;Lsbcstos produCL,<. he computed as a Imcem;tge of the t • compensation for pol}'chlorin:ttcd hiphcnyl(1'(.I3)or other toxic suhsf;utct.N. 1441c Services and Additional Scrvi . earned to fhe time of(cr. n1ilt:tkrn, as follows: 9.9 The Archluxt shall hate the right to include represenrr (ions of fhe design of the Project, including photographs of the .1 Tw-ci \• cent of the (utal compensation for Basic exterior and interior, ;nnong the Arc'hi(cc't's promotional and ai r dclitiuma $Cr%'iCCs carttc•d to Lkrtc it'tcrn(ination prufcssional lnaacriAs. The Archifcc't's m:trc•r•ials s1a11 nut occurs bctotre or during the prcdcsign,Alec:ut:drsis.or include (lie Owner's confidential or proprietary information if • the Owner has previously adtisud the Architect in writing of AIA DOCUMENT 0141 •OWNER•ARCIIITECT AGREEMENT• FOCkTEENT11 EDITION •AIAV Si 1987 7 B141-1987 rnE aw:I:u:t.lxArfrt°rE uF Al(c1uTECTA.I:►5 sea 1 oltn AtEUE,v.w.,a'ASnlveroN,u.c. tKNK� WARNING:Unlicensed photocopying violates U.S.copyright laws and Is subject to legal prosecution, the specific information considered by the Owner to be confe- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional 10.9H _ yl 0•All 1)115'lilelil M1 ft!cre(lit for the Architect on the construction sign and in the pro- nuttional materials for the Project. 10.3.2 Subsequent payments for D:tsic Sen'iees 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 forth in Subpani Graph.I 1.2.2. PAYMENTS TO THE ARCHITECT 10,3.3 It'and to the eucnt that the lime initially established in 10.1 DIRECT PERSONNEL EXPENSE Subpanigr ph 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 he salaries of the Architect's personnel engaged on the Project and computed in the manner set forth In Subparagraph 1 1.3.2. the portion of the cost of their mandatory and customary con. 10.3.4 %C•hen compensation is based on a percentage of Con• tributions and benefits related thereto, such ads employment taxes and other statutory employee benefits, insurance, sick siruction Cost anel any portions of the Project are deleted or employee h leave, holidays, vacations, pensions and similar contributions olenvise not constructed,compensation for those portions of lend benefits. the I roject shall be payable to the extent services are per- formed on those portions, in accordance with the schedule Set forth in Subpanignph 1 1.2.3,based on(1)the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negoti:mcd proposal,or(2)if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to cumpens:l- received, the most recent preliminary estimate of Construction tiun 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- [ions of the Project. SUlt:uttS in the interest of the Project,.is identified in the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL ing Clauses. SERVICES 10.2,1.1 Expense of transportation in con nection 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; .Ind fees paid for sectir• 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 01' reproductions, postage and handling of 10.5 PAYMENTS WITHHELD Drawings, Slxcifiretions and other documents. 10.5,1 No dedleCIiOltS Sh:dl be made from the Architect's cons. 10.2.1.3 If authorized in advance by the Owner, expense of IMISatiun On account of penalty, liquidated damages or other overtime work requiring higher than regular rates, stints withheld from payments to contractors,or on account of 10.2.1.4 Expense of renderings,modcls mid mock-ups requested the cost of changes in the\Vork Other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 Expensc 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 lainin Records of Reimbursable rvices a Expenses and expenses per. Architect's consultants. twining 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 mpresenrtive at equipment 61110 when used in connection with the Project. mutu:Illy comrnicmt titlleS. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the Architect air follows: 11.1 AN INITIAL PAYIvIEN'f Of N/A Dollars(S ) shall be made upon execution Of this Agreement and credited to the Owner's accOUnt :It final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES,as described in Article 2,;Ind any Other sen'iceS included in Article 12 as part of B:tsic Sen•iccs, B:caic Compensation shall be computed as follows: (hlsert ll,rsis uj runl/n•ruuthm, inchldhryq sli/rnlnn•d slim%, rnrulli/des or/yrrenlrtgrs, aped i(h•mi/r 1-1-m•s it,lrbidr pewhodor nH'lbuds of Cara/vastoriurl e/rph•, it nit'essrlre•.) A fixed fee of $8800. as outlined in Article 11.2.2 AIA DOCUMENT 8141 • OWNEIt•ARCIIITECT AGREEMENT• FOUR7'EEN'1'll EDITION•AIAS • ©19147 TIIE AMERICAN INSTITUTE ON ARCHITECTS.1735 NEW YORK A\'ENUIi,N.W„WASHINGTON,D.C.Z(KX)6 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 Basle Services in each phase shall total the following percentages of the total Basic Compensation payable: (brceri nddidatal pbuses os oplinvriate.) Schemadc Design Phase: ten percent(10%) 880.00 Design Development Phase: (including field work) thirty percent(30%) 2640.00 Construction Documents Pharr: fifty percent(50%) 4400.00 Didding or Negotiation Phase: ten percent(10%) 880.00 Construction Phase: percent( %) 8800.00 total Basic Compensation: one hundred percent(100%) 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT REISRESEN-rA'i'iON BEYOND DASIC SE.RVICi?S, :v;described in Paragraph 3.2,compensation shall be com- puted ;is follows: $65.00 per hour 11.3.2 FOR ADDITIONAL SL''RVICES OF TI Ili ARCHITECT.IS described in Articles 3 and 12, other than(I)Additional Project Rcprescnm ition, as described in Paragraph 3.3, and(2)services included in Article 12 as part of Basic Services, but rxclu(ling services of consultants. compensation S11a11 be computed a5 f011ott-s: dtrue,I tnr..Ys of rompensotn.n, owtbr ntirbiples,/lrircit tY,:•r•rurcl Expense f a,Prini ipnts mud cm/de,rees,and iderr/il j•l'rirrcilrnls turd rtwsify enopbnty:<, if requireil. /dcnii/r spe"ijii serr•iti's rn nbirt.,1wrlirrdru•on'-d".Jt n%tunrpen.:atinn app/tt ij nrtrssfou v.) Additional services to be performed by ARCHITECT shall not be performed without prior written approval by 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 wid electrical engineering services and those provided under Subparagraph 3.4.19 or identified in article 12 as part of Additional Services, a multiple of ( )times the amounts billed to the Architect for such services. (tdrruijr.,prri/ic hprs n/(onprnurns its article,/J, rf,oplir•cd.) 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE L'NPENSES,as described in Paragraph 10.2,and any other items included in Article 12 as ReimUurs:iblc Expenses,a multiple of ( )tittles 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 faun of the.kre-hilCCt,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 dale of the .-Architect's invoice. Amounts unpadd thirty ( 30 )days after the invoice(late shall bear interest at the rate entered below,or In the absence thereof at the legal rate prevailing from time to time at the princip:d place of business of the Architect. (born rale(if interest fSree(l upon.) t l•s6r1•lairs and relpoirena•nis antler the Piderol 7'rulb in Gendiri!r,•It1.sinrdur state foallurrrt con innr rnvlit lairs tntd tuber regubdions(it the onvier's lord:Ira,i- twl's prinripfd/darts of bosbit•ss.elk•locolitut o/the Pnrjtt't olioi tdsei l,t•re lion-of/iv Ilk•ivdi'dilt•r/Ibis lint-isiuo.SIM-vi/ic h;of ndrire sli or/rl be ublidnol trilb rte!/,ift to deli lions or modiffentiuns,fnl(i6o rigor ikV requirenions s'ucl,,ti irritirn di!4 lbsnres or Il7f/t'l'I'S.) AIA DOCUMENT 8141 • OWNER•ARC111TECT AGREEMENT • FOURTEENTH EDITION•AIAI • 01987 9 B141-1987 '1•11F AMERICAN INSTITUTE OF ARCHITECTS,1,35 NEW PUNK AVENUE,N.W.,WASl11NGTON,D.C.2lKKKi 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 (Invert descriptions of other services, identi/1'Additional Sen•ic'ts indu(lrd wilbi+r&Uir C011gh'P1$rrion ru+d++rortific'ntions to!lw(xq'mrnt fruit canpe+uution trans included ht this AKreet+npt.) This agreement may be terminated in the sole discretion of OWNER after the schematic phase or design phase as provided herein has been completed.upon seven 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 TO AS CREATE A PARTNERSHIP, JOINT VENTURE, EMPLOYMENT OR OTHER AGENCY RELATIONSHIP BETWEEN THE PARTIES HERETO, EXCEPT TO THE EXTENT SPECIFICALLY PROVIDED FOR HEREIN. This ABreemcnt entered into as of the day and year first written above. OWNER ARCHITECT (51);rurhu c) (Si}++uuurc� Greg Berna (11ri+ded mate and title) (Printed name and title) I 1 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 • OWNI:lt•AltCalrrECl'AGREF:nuiNT• FOURTEENni EDITION•AIAs • 01987 THE AMERICAN INSTITUTE:OF ARCHITECTS,1735 NI W YORK AvrNUF.,N.W.,WASiIINGTON,D.C.2o006 8141-1987 10 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. j City of Elgin Agenda Item No. July 15, 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Architectural Services for a Facade Improvement Project--160 North Street PURPOSE The purpose of this memorandum is to request consideration of awarding a contract for architectural services for a Facade Improvement Program project at 160 North Street . BACKGROUND Upon receipt of an application for Facade Improvement Program participation for the property at 160 North Street (owners : Craig Bakstad, Frank Halsey) , a Request for Proposal was sent to firms to request proposals to provide architectural servic- es . 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 design. 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 . A tabula- tion sheet of bids is attached. The firm demonstrating the desired expertise and submitting the lowest fee for services was Greg Berna, Architect of Elgin. The firm has past experi- ence with Elgin' s Facade Improvement Program, having provided services for projects at 221 DuPage and 28 North Grove . A property maintenance court case exists for deteriorated brick facade on the north (rear) elevation. The owner commit- ted in court that the violation would be corrected, indepen- dent of any City participation, by July 27 . His intent is to remove the remaining brick and install siding. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . Architectural Services for a Facade Improvement July 15, 1998 Page - 2 FINANCIAL IMPACT The fixed fee for providing the architectural services associ- ated with a facade project at 160 North Street is $8, 880 . 00 . Sufficient funds for this expenditure are available in account number 350-000-795 . 78-99, Downtown Redevelopment Fund, Rehab Grants . LEGAL IMPACT W , A contract with the architect will need to be prepared. ALTERNATIVES 1 . Approve the proposal by Greg Berna, Architect, to provide architectural services for a facade improvement project at 160 North Street . 2 . Reject the proposal by Greg Berna, Architect, to provide architectural services for a facade improvement project at 160 North Street . RECOMMENDATION It is recommended that the proposal by Greg Berna, Architect, for architectural services, at a fixed fee of $8, 880 . 00, be approved. Respectfully submitted, gvy'ce A. Parker City Manager DKN/dkm TABLULATION OF BIDS CITY OF ELGIN Greg Berna Architect Dahlquist and Lutzow Perry Consulting R R Browne& 221 DuPage Street Architects Ltd 1061 E Main Street Associates Ltd Invitation No:RFP#98-064 Elgin,IL 60120 462 N McLean Blvd Suite 300 333 N Randall Road Date of Opening: 6119/98 Elgin, IL 60123 East Dundee,IL 60118 Suite 23 Department: New Century St Charles,IL 60174 Partnership Item # Description AMOUNT AMOUNT AMOUNT AMOUNT 1 Architectural services for the Facade Improvement Program $8,880.00 $9,300.00 $13,000.00 $23,775.00 for 160 North Street (South& West Facades only)