Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
98-6
Resolution No. 98-6 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DIXON ASSOCIATES, LTD. (56 S. Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, be and is hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Dixon Associates, Ltd. for architectural services for a facade improvement project at 56 S . Grove Avenue, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: January 14 , 1998 Adopted: January 14 , 1998 Omnibus Vote: Yeas 5 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, 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 (hereinafter (Name and address) 150 Dexter Court referred to as "OWNER") Elgin, Illinois 60120 Attn: Mr. Michael Sarro, Purchasing Director and the Architect: Dixon Associates, Ltd., aK mt IIJo* '5- corporation (hereinafter (Name and address) 202 West Main Street referred to as "ARCHITECT") St. Charles, Illinois 60174 For the following Project: 56 SOUTH GROVE AVENUE (Include detailed description of Project, location, address and scope.) The project involves improvements to the east facade of the building at 56 South Grove Avenue in Elgin, Illinois. In general, areas of attention are to include an awning, windows, doors signage, exterior lighting and masonry cleaning and repair (including terra cotta materials) . The Owner and Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951,1953, 1958,1961,1963, 1966, 1967, 1970, 1974, 1977,61987 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. 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 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 2.2.1 The Architect shall review the program furnished by the Construction Documents and of the latest preliminary estimate 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 B141 •OWNER-ARCHITECT AGREEMENT • FOURTEENTH EDITION •AIAI' • ©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. 2.6.4 The Architect shall be a representative of and shall advise quantity of the Work, (2)reviewed construction means, meth- and consult with the Owner(1)during construction until final ods, techniques, sequences or procedures,(3)reviewed copies payment to the Contractor is due, and(2)as an Additional Ser- of requisitions received from Subcontractors and material sup- vice at the Owner's direction from time to time during the cor- pliers and other data requested by the Owner to substantiate rection period described in the Contract for Construction. The the Contractor's right to payment or(4)ascertained how or for Architect shall have authority to act on behalf of the Owner what purpose the Contractor has used money previously paid only to the extent provided in this Agreement unless otherwise on account of the Contract Sum. modified by written instrument. 2.6.11 The Architect shall have authority to reject Work which 2.6.5 The Architect shall visit the site at intervals appropriate does not conform to the Contract Documents. Whenever the to the stage of construction or as otherwise agreed by the Architect considers it necessary or advisable for implementa- Owner and Architect in writing to become generally familiar tion of the intent of the Contract Documents,the Architect will with the progress and quality of the Work completed and to have authority to require additional inspection or testing of the determine in general if the Work is being performed in a man- Work in accordance with the provisions of the Contract Docu- ner indicating that the Work when completed will be in accor- ments, whether or not such Work is fabricated, installed or dance with the Contract Documents. However, the Architect completed.However,neither this authority of the Architect nor shall not be required to make exhaustive or continuous on-site a decision made in good faith either to exercise or not to exer- inspections to check the quality or quantity of the Work. On cise such authority shall give rise to a duty or responsibility of the basis of on-site observations as an architect, the Architect the Architect to the 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 endeavor to guard the Owner against sons performing portions of the Work. defects and deficiencies in the Work. (More extensive site representation may be agreed to as an Additional Service, as 2.6.12 The Architect shall review and approve or take other described in Paragraph 3.2.) appropriate action upon Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited 2.6.6 The Architect shall not have control over or charge of purpose of checking for conformance with information given and shall not be responsible for construction means, methods, and the design concept expressed in the Contract Documents. techniques, sequences or procedures, or for safety precautions The Architect's action shall be taken with such reasonable and programs in connection with the Work, since these are Promptness as to cause no delay in the Work or in the con- solely the Contractor's responsibility under the Contract for struction of the Owner or of separate contractors,while allow- Construction. The Architect shall not be responsible for the ing sufficient time in the Architect's professional judgment to Contractor's schedules or failure to carry out the Work in accor- permit adequate review. Review of such submittals is not con- dance with the Contract Documents. The Architect shall not ducted for the purpose of determining the accuracy and com- have control over or charge of acts or omissions of the Contrac- pleteness of other details such as dimensions and quantities or tor, Subcontractors, or their agents or employees, or of any for substantiating instructions for installation or performance of other persons performing portions of the Work. equipment or systems designed by the Contractor,all of which remain the responsibility of the Contractor to the extent 2.6.7 The Architect shall at all times have access to the Work required by the Contract Documents. The Architect's review wherever it is in preparation or progress. shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of construction 2.6.8 Except as may otherwise be provided in the Contract means, methods, techniques, sequences or procedures. The Documents or when direct communications have been spe- Architect's approval of a specific item shall not indicate cially authorized,the Owner and Contractor shall communicate approval of an assembly of which the item is a component. through the Architect. Communications by and with the Archi- When professional certification of performance characteristics tect's consultants shall be through the Architect. of materials, systems or equipment is required by the Contract 2.6.9 Based on the Architect's observations and evaluations of Documents, the Architect shall be entitled to rely upon such the to establish that the materials, systems or equip- the Contractor's Applications for Payment, the Architect shall ment will meet the performance criteria required by the Con- review and certify the amounts due the Contractor. tract Documents. 2.6.10 The Architect's certification for payment shall consti- 2,6.13 The Architect shall prepare Change Orders and Con- tute a representation to the Owner, based on the Architect's struction Change Directives, with supporting documentation observations at the site as provided in Subparagraph 2.6.5 and and data if deemed necessary by the Architect as provided in on the data comprising the Contractor's Application for Pay- Subparagraphs 3.1.1 and 3.3.3, for the Owner's approval and ment, that, to the best of the Architect's knowledge, informa- execution in accordance with the Contract Documents, and tion and belief, the Work has progressed to the point indicated may authorize minor changes in the Work not involving an and the quality of Work is in accordance with the Contract adjustment in the Contract Sum or an extension of the Contract Documents. The foregoing representations are subject to an Time which are not inconsistent with the intent of the Contract evaluation of the Work for conformance with the Contract Documents. Documents upon Substantial Completion, to results of subse- quent tests and inspections, to minor deviations from the Con- 2.6.14 The Architect shall conduct inspections to determine tract Documents correctable prior to completion and to spe- the date or dates of Substantial Completion and the date of final cific qualifications expressed by the Architect.The issuance of a completion, shall receive and forward to the Owner for the Certificate for Payment shall further constitute a representation Owner's review and records written warranties and related that the Contractor is entitled to payment in the amount certi- documents required by the Contract Documents and assem- fied. However, the issuance of a Certificate for Payment shall bled by the Contractor,and shall issue a final Certificate for Pay- not be a representation that the Architect has(1)made exhaus- ment upon compliance with the requirements of the Contract tive or continuous on-site inspections to check the quality or Documents. AIA DOCUMENT B141 •OWNER-ARCHITECT AGREEMENT•FOURTEENTH EDITION•AIA® • ©1987 3 B141-1987 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. 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 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 consistent with the intent of and reasonably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES 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 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 i t'e �i613iE @fiS 'c• • n nn �� changes in the Project including, but not limited to, size, qual- matters, including those iner and ity, complexity, t he Owner's schedule, or the method of bid- Contractor, except for thesthetic effect as pro ding or negotiating and contracting for construction,except for vided in Su . bject to arbitration as services required under Subparagraph 5.2.5. " ' 0,;g "^' --- iR 4w v8mvflef paekl enpl 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 revisions to Drawings, Specifications and other documentation 3.1.1 The services described in this Article 3 are not included resulting therefrom. in Basic Services unless so identified in Article 12,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 sen-ices 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- gation to provide those services. 3.3.8 Providing services in connection with a public hearing, 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 Representatives shall be as described in the edition of AIA financial feasibility or other special studies. 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 13141 - OWNER-ARCHITECT AGREEMENT-FOURTEENTH EDITION-AIA® - ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORKAVENUE,N.W.,WASHINGTON,D.C.20006 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 future facilities, systems 4.3 If requested by the Architect, the Owner shall furnish evi- and equipment. dence 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 measured drawings thereof. 4.4 The Owner shall designate a representative authorized to 3.4.7 Providing services to verify the accuracy 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 and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.5 The Owner shall furnish surveys describing physical 3.4.9 Providing services in connection with the work of aeon- characteristics, legal limitations and utility locations for the site of the Project, and a written legal description of the site. The Owner.stner.n manager or separate consultants retained by the surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and adjoining 3.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-vvay, restrictions, easements, encroachments, zoning, deed restric- 3.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor. lions and necessary data pertaining to existing buildings,other 3.4.12 Providing analyses of owning and operating costs. improvements and trees;and information concerning available utility services and lines, both public and private, above and 3.4.13 Providing interior design and other similar services below grade, including inverts and depths. All the information required 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 equipment. 4.6 The Owner shall furnish the services of geotechnical engi- 3.4.14 Providing services for planning tenant or rental spaces. neers when such services are requested by the Architect. Such 3.4.15 Making investigations, inventories of materials or equip- services may include but are not limited to test borings, test ment, or valuations and detailed appraisals of existing facilities. 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 drawings show- tivity tests, including necessary operations for anticipating sub- ing significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.6.1 The Owner shall furnish the services of other consul- 3.4.17 Providing assistance in the utilization of equipment or tants when such services are reasonably required by the scope systems such as testing,adjusting and balancing,preparation 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, 3.4.18 Providing services after issuance to the Owner of the air and water pollution tests, tests for hazardous materials,and environmental tests, inspections and other laboratory and en final Certificate for Payment, or in the absence of a final Cer- reports required by lawn the Contract Documents. tificate for Payment, more than 60 days after the date of Sub stantial Completion of the Work. 4.8 The Owner shall furnish all legal,accounting and insurance 3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any time for the tectural, structural, mechanical and electrical engineering por- Project, including auditing services the Owner may require to tions of the Project provided as a part of Basic Services. verify the Contractor's Applications for Payment or to ascertain how or for what purposes the Contractor has used the money 3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.9 The services,information,surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the 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. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or Architect's consultants shall be set forth the Owner's objectives,schedule, constraints and cri- submitted to the Architect for review and approval at least 14 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandability, special equipment, systems and site tions that would require knowledge or services beyond the requirements. scope of this Agreement. AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•AIA° • ©1987 5 B141-1987 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. 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 ments alternate bids to adjust the Construction Cost to the fixed limit.Fixed limits,if any,shall be increased in the amount of an increase in the Contract Sum occurring after execution of the parties to this Agreement arising out of or relating to this Agr - Contract for Construction. ment or breach thereof shall be subject to and decided arbi- 5.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction Indust Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American Arbitration Associati currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree oth 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 f arbitration shall be made within Owner and the date on which proposals are sought. a reasonable time after claim, dispute or other matter in 5.2.4 If a fixed limit of Construction Cost (adjusted as pro question has arisen.I o event shall the demand for arbitration vided in Subparagraph 5.2.3) is exceeded by the lowest bona be made after t date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings ed on such claim, dispute or other matter in .1 give written approval of an increase in such fixed question ould be barred by the applicable statutes of limitations. limit; 7 o arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include,by consolidation,joinder or in any other manner, within a reasonable time; an acclitional person 1 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. this Agreement signed by the Owner.Architect, and an er Additional Services earned to date if to ton person or entity sought to be joined. Consent itration occurs during the Design De el e hale; or • involving an additional :Jerson or entity not constitute .3 Five percent of the t ompensation for Basic and consent to arbitration of any claim. ute or other matter in Additional ces earned to date if termination quc:tition not described in the : en consent or with a person o or entity not named or `-, ribed therein. The foregoing agree- ment to arbitrat c,-her agreements to arbitrate with an additional on or entj--:duly consented to by the parties to ARTICLE 9 this cement shall be .pccifically enforceable in accordance Ne 111w nt'ow t' a MISCELLANEOUS PROVISIONS 7.4 The aNvard rendered by the arbitrator or arbitrators shall be final,and judgment may`,e entered upon it in accordance with 9.1 this Agreement shall be gov- applicablc lam in any co;rt haying jurisdiction thereof erned by the law of the ?t?e±±�±r* .. State of Illinois. 9.2 Terms in this Agreement shall have the same meaning as ARTICLE 8 those in AIA Document A201, General Conditions of the Con- TERMINATION, SUSPENSION OR ABANDONMENT tract for Construction,current as of the date of this Agreement. 9.3 Causes of action between the parties to this Agreement 8.1 This Agreement ma-, be terminated by either party upon pertaining to acts or failures to act shall be deemed to have not less than seven days written notice should the other party accrued and the applicable statutes of limitations shall com- fail substantially to perfo--n in accordance with the terms of this mence to run not later than either the date of Substantial Com- Agreement through no fait of the party initiating the termination. pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is susp,,ndcd by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the A:-_hitcct shall be compensated for ser- Completion. vices performed prior tc, notice of such suspension. When the Project is resumed, the-.:-chitect's compensation shall be equi- 9.4 The Owner and Architect waive all rights against each tably adjusted to provide for expenses incurred in the interrup- other and against the contractors, consultants, agents and tion and resumption of-:ie Architect's services. employees of the other for damages,but only to the extent cov- ered by property insurance during construction, except such 8.3 This Agreement ma; be termin.tted by the Owner upon rights as they may have to the proceeds of such insurance as set • not less than seven days written notice to the Architect in the forth in the edition of AIA Document A201,General Conditions event that the Project is:f:rmanenth abandoned. If the Project of the Contract for Construction, current as of the date of this is abandoned by the Ow- ,rr for more than 90 consecutive days, Agreement. The Owner and Architect each shall require similar the Architect may termi-.ate this Agreement by giving written waivers from their contractors, consultants and agents. notice. 9.5 The Owner and Architect, respectively, bind themselves, 8.4 Failure of the Owne7 to make p.av ments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agr :rnent shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and ca,—,c for termination. sors, assigns and legal representatives of such other party with 8.5 If the Owner fails tr, rnake payc:cnt when due the Archi- respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written con- fect for services and exF-.nscs, the Architect may, upon seven sent of the other. days' written notice to tl °:Owner,suspend performance of ser vices under this Agreem-,t. Unless h.iyment in full is received 9.6 This Agreement represents the entire and integrated agree- by the.architect within s r.en days of the date of the notice,the ment between the Owner and Architect and supersedes all suspension shall take effe-:t without further notice.In the event prior negotiations, representations or agreements, either writ- of a suspension of servic=.>. the Arch'':ect shall have no liability ten or oral. This Agreement may be amended only by written to the Owner for delay ,r d.unage caused the Owner because instrument signed by both Owner and Architect, of such suspension of se"%•ires. 9.7 Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of the Architect, tual relationship with or a cause of action in favor of a third the Architect shall he cor.pciisated for services performed prior party against either the Owner or Architect. to termination, together Reimbursable Expenses then due and all Termination ExF�--rses as def ned in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement,the Architect and Architect's consultants shall have no responsibility for the discovery,presence, handling, removal or disposal of or expo- Basic and Additional tier:jces, and in Aude expenses whi re sure of persons to hazardous materials in any form at the Project directly attributable to te:-nination. Termination E ses shall site, including but not limited to asbestos, asbestos products, be computed .is a perct Cage of the total pensation for polychlorinated biphenyl(PCB)or other toxic substances. Basic Services and Addiric.nal Service< ned to the time of ter- mination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Project,including photographs of the .1 "Twenty cn: of the tot:1 compensation for Basic exterior and interior, among the Architect's promotional and • a dition.al Services earned to date if termination professional materials. The Architect's materials shall not occurs before c.-during the predesign,site analysis,or include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of 7 B141-1987 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 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- 1 motional materials for the Project. nv.:,.,, p •• _ 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 10.1.1 Direct Personnel Expense is defined as the direct through es grendered fault nth the radditional period lion for any sbe salaries of the Architect's personnel engaged on the Project and computed n the manner set forth in Subparagraph 11.3. be 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- ing Clauses. 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL 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- ing approval of authorities having jurisdiction over the Project. upon presentation of the Architect's statement of services rein 1 dered or expenses incurred. 10.2.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents. 10.5 PAYMENTS WITHHELD 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 N/A shall be made upon execution of this Agreement and credited to the Owner's account at final payme Dollars($------------)t. 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 stuns, multiples or percentages, and identify pbases to which particular metbods of compensation apple, ff necessary.) A fixed fee of $3,200.00 as outlined in Article 11.2.2 plus an allowance of $500.00 for reimbursable expenses for a total fixed fee of $3,700.00. 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 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.) 94wf#iw4c—B2Sdgfl-I4TR.Se: -3ereeftt-(-- %)' Design Development Phase: ( including field work) twenty—five percent(25 %) $ 800.00 Construction Documents Phase: thirty—five percent(35 %) 1,120.00 Bidding or Negotiation Phase: f i f teen percent(15 %) 480.00 Construction Phase: twenty—five percent(25 %) 800.00 Total Basic Compensation: one hundred percent(100%) $3,200.00 plus $500.00 for reimbursable 11.3 COMPENSATION FOR ADDITIONAL SERVICES expenses for a total fee of $3,700.00 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 associates'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: (Insert hams of compensation. including rates and/or multiples of Direct Personnel Lxpense for Principals crud employees,( It/ulentif p Principals and classify employees. if reeporecl. Itlentil)'specific services to trhich particular methods of compensation app/r if nececsewy..) $85.88 per J!teer for pfineipa! .ql� Additional services to be performed by ARCHITECT shall not be performed without prioir 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 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 ( 30 )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 Truth in Lending Act,similar state and local consumer credit laws and other regulations at the owner's and Archi- tect's principal places of business, the location of the Project and elseu here may affect the validitl,of this provision.Specific legal advice should be obtained u•itb respect to deletions or modifications, and also regarding requirements such as uritten disclosures or waivers.) AIA DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT• FOURTEENTH EDITION•ALA" • ©1987 9 B141-1987 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 witbin 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. This Agreement entered into as of the day and year first written above. OWNER THE CITY OF ELGIN ARCHITECT D14ON ASSOCIATES, LTD. By: (Si re) (Signals So�/CE 1�, PA4 2 /'c e-to C' % n, G/0, Michael A. Dixon, FAIA (Printed name and title) (Printed name and title) tu 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• 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. City Of Elgin Agenda Item No. December 8, 1997 TO: Mayor and Members of the City Council FROM: Robert 0. Malm, Interim City Manager SUBJECT: Architectural Services for a Facade Improvement Project - 56 South Grove Avenue PURPOSE The purpose of this memorandum is to request consideration of awarding a contract for architectural services for a Facade Improvement Program project at 56 South Grove Avenue . BACKGROUND Upon receipt of an application for Facade Improvement Program participation for the property at 56 South Grove Avenue (owners : Chris Matus, Todd Rieke) , a Request for Proposal was sent to firms to request proposals 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 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 Dixon Associates, Ltd. of St . Charles . The firm is amply qualified given their past experience with Elgin' s Facade Improvement Program, having provided services for projects at 310 East Chicago Street, 209-211 East Chicago Street and 163-167 East Chicago Street . A copy of the proposal submitted is provided. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. Facade Improvement Program - 56 South Grove Avenue December 8, 1997 Page 2 FINANCIAL IMPACT The fixed fee for providing the architectural services associ- ated with a facade project at 56 South Grove Avenue is $3, 700 . 00 . Sufficient funds for this expenditure are avail- able in account number 350-0000-795 . 78-99, Downtown Redevelop- ment Fund, Rehab Grants . A budget amendment will be neces- sary. LEGAL IMPACT None . ALTERNATIVES 1 . Approve the proposal by Dixon Associates, Ltd. to provide architectural services for a facade improvement project at 56 South Grove Avenue . 2 . Reject the proposal by Dixon Associates, Ltd. to provide architectural services for a facade improvement project at 56 South Grove Avenue . RECOMMENDATION It is recommended that the proposal by Dixon Associates, Ltd. for architectural services, at a fixed fee of $3, 700 . 00, be approved. Respectfully submitted, e orah Nier, Director NewCentury Partnership 'F P I C I,(oct4 n, Bobby ichardson Rehabilitation Specialist Sa,-i-qsq Saher, Historic r se vatio Specialist Robe 0. Malm Inte , im City Manager DKN/mat .r TABULATION OF BIDS CITY OF ELGIN Invitation No. -1— Date of Opening � Department N��C. -rt,�., :, X6 Item No. Description L . --s- t mom, imm , , . ILI kW-' - - ,f r Y �'o•1'J�"] r ' ' t• `' ` _ " - ly p. =��a -_..�.�•:.i �'K ) yt.: a �' 1. °� ?:' � :r�tr � r: , 't� id tii ��i r^r�e f r'�at• _ ♦`� 'l i: • by � !�i �� �'�l`.i�, t �_'- ! t j•� �'. Y' x i i.c��• ,1 �� �i '�� i 4�� ��i .'v 4,. ...—.� t. .1 ��1.:��.�.�r;..iw 3• �� t