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99-171
Resolution No. 99-171 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH DAHLQUIST AND LUTZOW ARCHITECTS, LTD. FOR ARCHITECTURAL SERVICES UNDER THE FACADE IMPROVEMENT PROGRAM (122 S . Grove Avenue) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Joyce A. Parker, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Dahlquist and Lutzow Architects, Ltd. for architectural services under the Facade Improvement Program at 122 S . Grove Avenue, a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: June 23 , 1999 Adopted: June 23 , 1999 Omnibus Vote : Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk AGREEMENT This Agreement made and entered into this IAII4 day of June, 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City) and Dahlquist and Lutzow Architects, Ltd. , (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 122 South Grove Avenue, Elgin, Illinois; and WHEREAS, Architect has submitted a proposal for the requested improvements to the exterior facade of the building at 122 South Grove Avenue to include exterior masonry cleaning and tuckpointing, cornice repairs, storefront restoration and window reopening, 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 122 South Grove Avenue to include painting and tuckpointing, brick cleaning, signage, repair and brick replacement on north wall . The terms and scope of work for the architect services shall be as set forth in Exhibit 1 attached hereto . Compensation for the Architects ' services shall be the total amount not to exceed $5, 200 . 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 of the date and year first written above . CITY OF ELGIN DAHLQUIST AND LUTZOW ARCHITECTS, LTD. By , City Manager ATTEST: City Clerk 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 r - EXHIBIT 1 231 DOUGLAS AVENUE AIA Docarnent B141 Standard Form of Agreement Between Owner and Architect 1987 EDITION THIS DOCUMENT HAS Ily1PORTANT LEGAL CONSEQUENCES; COMSULTAT1ON WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR NODIFICATIOlV. AGREEMENT made as of the 1°17 N day of June in the year of Nineteen Hundred and ninety-nine BETWEEN the Owner: The City oL ELgin, Illinois, a Rllnicipdl corporation (,Vaine anct address) 150 Dexter Court ELgin, IL 60120-5555 150 C-o yz Po fLO T t C>tJ and Che ArchiCecC: Dahlquist & L;itzow Architects, Ltd. , AQ (Nalfre and address) J iTn;rail (hereinafter referred to as "Architect") , 462 North McLean Boulevard, Elgin, IL 60123 For the following Project: (lncludr detailed description of Project, location, addrns and sCOOe.) The project involves improvements to the exterior facade of the building at 122 South Grove Avenue. In general, areas of attention are to include painting and tuckpointing, brick cleaning, signage, repair and brick replacement on the north wall. The Owner and Architect agree as set forth beloVy'. Copyright 19t7. 1926, 1948, 1951, 1953. 1958, i96i. 1963, t966, 1967, t9-0, 1974, 19 ©1987 by The Amcrican tctscicucc of Architects, 1735 New York AYcnuc. %Vzshington, D.C. 20006. Rcoro u ci3n of the material hcrcin or subsanci.l quotation of its provisions without written permission of the AIA Violates chc co ci he tans of the Uniccd 5csrs and will be subject to iegal prosecution. Ala DOCUMENT 8141 • OWNER-ARCHITECT AGREEMENT • FOURT-NTH ED ASHMON - A1.�o.c.Qccc7 61 1-195/ 1 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 NE`s'YORK AVENUE,N,W.. .._, ••••�h � �<,�.+i� —hi—..:to laoal ONsecutlon. 'r TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 schedule or construction budget, chc Archicccc shall prcparc, for approval by chc Owner, Design Development Documents ARCHITECT'S RESPONSIBILITIES eonsiscing of drawings and ocher documents cc fix and describe he size and character of chc Project as co archiccccural, strut- 1.1 ARCHITECT'S SERVICES cural, mechanical and cleccrical systems, materials and such 1.1.1 The Architect's services consist of chose scr.Fices per ocher elements as may be appropriate. formed by he Architect. Architect's cmployces and Architect's 2.3.2 The Archicccc shall advise chc Owncr of any adjustments consultants as enumerated in Articles 2 and 3 of this Agreement co the prcliminary estimate of Conscruccion Cosc. and any ocher services included in A.rcicic 12. 1.1.2 The ACChi(CCt'S services shall be performed as expedi 2.4 CONSTRUCTION DOCUMENTS PHASE tiously as is consistent with professional skill and care and chc orderly progress of chc Work. Upon rcqucsc of the Owner, chc 2.4.1 Based on the approved Design Development Docu: Archicccc shall submit for the Owner's approval a schedule for chc Dro cdcc or in chcrconlscn ction budgccsa0u hot zcdubyrihc he performance of the A(Chitept'S scr/iccs which may be owner, chc Archicccc shall prcparc, for approval by chc Owner, adjusted as the Pcojecc proceeds. and shall include allowances iota periods of time ccquiccd for chc Owncc's review and for Construction Doeumcncs consisting of Drawings a.^d Specifcca- approval of submissions by authorities having jurisdiction over cions setting forth in detail chc requirements for chc consccuc- the project. Time limits escabli5hcd by this schedule aoocoved (ion of the Projccc. by the Owner shall not,except for reasonable cause.be cxcr_ded 2.4.2 The Archicccc shall assist chc Owncr in chc prcoaracion of by the Archicccc or Owner. the necessary bidding information, bidding forms, chc Condi- 1.1.3 The services covered by this Agrccmcnc arc subject cc Tors of he Contact, and the form of Agrccmcnc becwecn chc pa ,g h l i l Owner and Cont-aCcOr. he time Limitations contained in Sub r- rap 2.4.3 The Archicccc sha11 advise chc Owner of arty adjuscmencs ARTICLE Z cc previous prclir'•u' y a estimates of Conscruccion Cost in di cated by cn angcs in ccquicemr- s ac general markc(conditions. SCOPE OF ARCHITECT'S BASIC SERVICES 2.4.4 The Archicccc sha11 assist chc Owner in conr.cccion with 2.1 DEFINITION chc Owner's resporsibilicy for filing documents ccquircd for chc approval of govcmmcncal auchoricics having jurisdiction 2.1.1 The ArChiccct"5 Basic Services consist of chose dcsccibcd over chc Projccc. in paragraphs 2.2 through 2.6 and any ocher services identified in Article 12 25 part of Basic Services,and include normal scn c 2.5 BIDDING OR NEGOTIATION PHASE rural, mechanical and electrical cngirnccring scrrices. 2.5.1 The A(ChitcCc, following chc Owner's approval of he 2.2 SCHEMATIC DESIGN PHASE Conscruccion DOCur—c s and of chc latest prc!inirar(estimate 2.2.1 The Architect shall review chc program fumishcd by chc of Conscr ccion Cost, shall assist chc Owner in obtaining bids Owner cc ascercain he rcquiccmcncs of the Projccc and shall or negotiated pr000s-.!s and assist in awarding and p(cp:'Sng arrive at a mutual understanding of such rcquicemcncs with chc contracts for conscruccion. Owner. 2.2.2 The Archicccc shall provide a preliminary evaluation of 2.6 CONSTRUCTION PHASE—ADMINISTRATION the Owner's program, schcdulc and construction budge( OF THE CONSTRUCTION CONTRACT requirements, each in terms of the ocher, subject cc the limica 2.6.1 The Architect's responsibility co provide Basic Services cions set forth in Subparagraph 5.2.1• for the Conscruccion Phase under this Agrccmcnc Commences 2.2.3 The Archicccc shall review with he O'xncr al(ernauve with chc award Of chc COncrucc for Conscruccion and (ermi- approaches to design and construction of the Projccc. nuces a( ache earlier of the issuance co the Owner of he nn:-[ Certificate for Paymen( or 60 days after the date of Sub;rn• 2.2.4 Based on the mu(ually agreed upon program, schedule (ial Comoiccion of chc Work. and construction budget requirements, the Archicccc shall Con- prepare, for approval by he Owner, Schcmacic Design Docu- 2.6.2 The Archicca shall provide administrac:on of tnc Con- mcncs consisting of drawings and Other documents illuscr,ctng (tact for Cons t action as sec fork below and in he edition of he scale and relationship of Projecc components. Co Druccon,nc.i.rcnc as of he docedotfochisoAgr� ,acnc+un!e59 2.2.5 The Archicccc shall submit cc the Owner a pcc!tminary oheCwisc orovidcd in this Agrccmcnc. estimate of Construction Cost based on curr-nc area, volum'Or 6.3 Ou(ics, rspon;ibilicics and limicacions of auhori(y of(h' ocher unit costs. Architect shall not be restricted, modified or cx:,-:, i(`ouc 2.3 DESIGN DEVELOPMENT PHASE written agrcemen(of chc Owner and Archicccc-1[h consent of 2.3.1 Based on the approved Schematic Desig he Contractor, which consent shall not be unr.-asonably and any adjustments authorized by he Owner in Documenus in h m e progra , withheld. �E�- F 61.11-1951 2 AIA DOCUMENT Btal - OWNER-ARCHITECT.+GR__•1 �T JURT�`VTH ����NjGTOv'DC.c--CGCti THE AMERICAN INSTITUTE OF ARCHITECTS,173)NE tJ`R'{ `NU`•,V W., ___,,, ._11.S.coovriaht Iz--s and Is subject to 1e931 proseeutlon. 2.6.4 The Archicccc shall be a rcprescncacivc of and shall advise quantity of the %'t'Ork,(2) rcvic:%•cd construction mcans. mc(h- and consult n•ich the Owner(t) during construction until final od,, techniques, scqucnccs or procedures,(3)rcvicicd copies paymcrit to the Contractor is due, and(2)as an Additional Scr- of requisitions rccciycd from Subcontractors and niaccrial sup. vice ac the OR-ner's direction from time to time during the cor- pliers and other data requested by the Owrter to substantiate reccion period described in chc Contract for Conscntction.The the Contractor's right to payment or(4)ascertained how or for Archicccc shalt have authority to act on behalf of the Owner n•h:ic purpose the Contrtccor has used mane} prcvintuly paid only to chc extent provided in (his Agreement unless ochcrorisc on UCCOLInc of the Contract Sum. modified by vricceri instrument. 2.6.11 The Architect shall hays authority co reject Work which 2.6.5 The Architect shall visit the site ac incccyals appropriate does not cunfartn to the Contract Documcnci. Wlicnevcr the to the stage of construction or as otherwise agrced by the Ar_hicec( considcrs i( neeessar}• or :tdvls:tb(c l'or implcmcnca- Owner and Architect in R ricing co become generalh familiar cion of(!1e inecnc of the Con(rtC( Oucumene;,die Archicccc will Rich chc progress and quality of the Work completed and to hart authority co rcquirc Iddiciunal inspection or tcscing of the determine in gcncnll if chc %'C•ork is being performed in a man- %Vock in accordance with the provisions of the Cun(racc Docu• ncr indicating chat the \Vork n•hen completed xcill be in actor- merits, whether or not such Work is Etbricaccd. installed or dance with the Concricc Documents. Hon'evcr, the Archicccc completed. Ho-cycr,neither chi;authority of the Architect nor shalt not be required to makc exhaustive or concinuOCts On-5itC a decision rliude in good faith ciehcc to cxercisc or nut to cxcr- inspections to check the qualic}' or quantity of the Work. On eisc such att(hU,* shall give rive(o a chu} or rC;pon;ibilib}'of the bisis of on-site observations as In architect, chc Archicccc the Archicccc to chc Contractor. SuhCum xcun, material and shall keep the On'ncr informed of chc progress and quaficy Of equipmcnC supplies, their agents or cmplo}ces or ocher per- the %Vork, and shall crdeayoc to guard the 0-ticr against sons perfOCmin3 portions of(he Work. dcfccv and deficiencies in the Work. (.(fo)-e e.Vrlrsic•e site rrpreserr[ctriOrt nra)•be agreed!o as cut�{ciciirioncri Srr(•ice, ct; 2.6.1 Z TiiC Archicccc shall rec•ien• ant! approve or ca::e ocher appropcia(c acCiOn upon Contractor's submittals such as Shop cleseribec! in Yruagrapl� 3.2.) Dran-ings, Product Data and Samples, buc or fly for chc limited 2.6.6 The Architect shall noc have control Over or charge of purpose of checkin3 for conformance with information given and the design concept expressed in the Conc ;cc Documents. and shall not be responsible for construction riears, methods, r.The Architect's action shall be taken with Such r-a;onable techniques, sequences or pcocedures,or for 5afecv precautions and pcograms in connection with the Work, since these are promptness as co cause no delay in the ��brl or in the con- solcty the Contmccor's responsibility under the Contract for sccucEion of chc 0wc1cr or 01 scparace con(nctors, white allon- Construction. The Architect shall not be resoonsible for the ing sufficient time in the Architect's professional jcrdgrierC ro con- Contractor's schedules or fzilure co carry out the War,in actor• permit adequacc rcvicw. Reyicw of such submittals u not con- dance Rich the Contact Documents. The Archicccc shall not ducted for the purpose of determining the accuracy and com- have conccol over or charge of acts or omissions of chc Concrac pleteness of ocher daait;such as dimensions and quantities or for substantiating irsccuccions for installation or perforrn:,ice of cor, r pciso cracco fo or their do agents or emolo}'ees, or of any equiomenc or syscces designed by chc Contractor,all of which ocher persons performing portions of chc ��'ork. remain chc responsibility of the COMCiCCOr co Chc cxcen( 2.6.7 The Architect shall ac all tinges have acccss co the Work required by the Contract Documents. The Architect's review whercver is is in preoancion Or progress. Shall not consCiCUCC -tOPCOVal of safety prcaucioru or, unless ochccRUc specificalty stated by the Archicccc, of corsccuccion 2.6.8 Except as may ochcrs.•ise be provided in chc Concracb means, methods, tcchniqucs, scqucnce5 or prOC:dures. The Documents or when direct communications have been spe- Architect's approval of I specific iced 5ha!1 noc indicate ciallc authorized, the Ocynec and Concraccorshat!communicate :tppcoy:d of an asembl} of which the item is I component. through the Architect. Communications by and v4ch the Acchi• ',C'hen profcssional certification of performance chartcccciscics Cccc's consulcanc; shaft be through the Archicccc. of niaccri:,15. 5y5Ce1115 or cquiomenC is regctired by Inc Cor.cracc Documents, chc Archicccc shall be cncicicd to r(:Iv ctooti such 2.6.9 Based on the Architect's obseR-acions Inc[cyalu:scions Of ecrtific:cion to C;cablt;h chat chc ma(eciat;, 5}'SCCI115 or cquip- the Conccaecoc's Applications for PIVmCnt, the Archicccc shall merit Rill rnecc the performance criteria required by the Con- rcvicw and ccrcify chc amounts duc chc Contraccor. tract Ducumcnc,. 2.6.10 The Acchicccc's certification for payrlienc shall cons ci- 2.6.13 The Archicccc shall preparc Chan3c Orders and Con- Cute I reprc5cn1a(iun to the Owner, bused on the Archiczcc's 51cuction Change Dirdccives, with supporting ducuriercacion obsert•acions ac the site as provided in Subparagraph 2.6.5 and and duet if deemed r,ccessary by the Architect :zS providcd in on the d:ua comprising the Conccacror's Application for Pa}•• Subparagmphs 3.1.1 Intl 3.3.3, for the Owner's apnrov-.! and nicri(, ch:u, to the best of the Archicccc's kno-Iccige, infOrnl:t- execution in accordance Rich the Contract Docu^enu. anct lion snd belief, the Vbrk has progressed to (tic point incticaccd mac• auch0cize minor changes in the Work not invok-ing In and the quality of \lock is in Iccorcl:tncc with cfie Contact adjustment in the COr1tncc Sum or an exccn5ion of chc Conc acc Documents. The foregoing represen(aCions Ice subject 10 an Tinic zvhich are noc inconsi>Cdnc with chc inccrc of chc Concncc evaluation of the Work for conforniancc with chc CO(IM-ICI DOcumcrIC3. Documents upon Subscancia! Completion, to resutCS of subse- quent tests Inc[ inspections, to minor dcviacions From chc Con- 2.6.14 The Archic_cc shalt conduct inspectiuns ro deeermiric tract Documents cocreccabte prior co comole(ion and to spc- the dace or dates of Subscancia(Completion anti(he c!abc Of final cific qu:ilificacions cxpresscd by the Archicccc.The issuance OEI Completion, sh:tll ccceivc anct fornard to (hc Ow.-.c: foc tie Cercitic:uc fur payment shall further constitute I rcpresdr.C160(l Ocvncr's rcyickv anct record; R ricccn Rarntncies and related chat the Contractor is cricided to paymen[ in the amount CCCbt- d0C(tniert; requircd by the Contract Docwnencs and r,cd. Ho(ye%,Cr, the ij5u:uicC of a Cerciticace for 1':tymen,t ;haft bled by the Corlccaccoc,.Inc'shall jssuc a find CCrciliC.'.(e cur Pay not be a repcescnbaci0n chat the Architect has(1)made C:haus• mcnC upon COCIIPNasic. with the requiretiien(; Of(sic COnU7CC ciye or concinCtouS on-site inspections to check chc qualic} or Documents. AIA DOCUMENT 8141 • OWNER•ARCMTECT AGREE}tENT • FOURTEENTH EDITION •AIA' ' 1957 3 8141-1987 THE ANERICAN INSTITUTE OF ARCHITECTS. 1735 NEIL'YORK AyEN'UE.N.u'.,4'ASHINGTON.D.C.'CCLN� WARNING:Unlicensed phatoca,:ying v1013tes U.S.copyright lavrs and is subject to legal prosecution. 3.2.3 Through the obscrvacion5 by such Project Rcpccscn• 2.6.15 The Architect shall interpret and decide matters con- tacivcs, the uchiccct shalt endeavor co provide Curthcr proccc- ccrning performance of the Owner and Contractor undo the Lion for the Owner against defects and deficiencies in chc Word<• requirements of chc Contract Documcncs on wrictcn request of but chc furnishing of such project reprc5cntacior1 shall not cichcr chc Owner or Concracror. The Architect'5 resoonse co modify the ri nsibilicics or obli acions of chc Architect such rcquescs shall be made with reasonable prompcncss and as described chcs, res lscwhcpc os this Agreement. within any time limits agreed upon. 2.6.16 lncerpret3ci0n5 and decisions of the Architccc shall be 3.3 CONTINGENT ADDITIONAL SERVICES consistent with the inccnc of and reasonably inferable from the Contract Documents and shall be in writing or in chc form of 3.3.1 Making revisions in Drawings, Specifications or ocher drawings. When making such inecrprccacions and initial deci- documents when Such revisions arc: lions, 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 either, and shall not he liable for results of incccprccatiorns or g1rybb adjusccmcn s in hcdOwner's'program or Proj- decisions so rendered in good faith. ecc bud get: 2.6.17 The Architect's decisions on matters refacing CO aesche 2 required by chc enactment or revision of codes, taws cic cffccc shall be final if consistent with chc inccnc expressed in or rcgutadons subscqucnc co the preparation of such the Contract Documcncs. documcns; or 2.6.18 The Architccc shall render written decisions within a .3 due co changes required as a result of chc Owner's faiI- rca5onable time on alt claims,disputes Cc other macccrs in ques- ure to ce..^.dcr decisions in a timely manner. cion between chc Owner and Contractor cclacing co the cxccu- cion or progress of the Work as provided in the COncraCC 3.3.2 Providing 5er-'iCeS required because of significant Documents. changes in chc Project including, but not limited co,size,qual- - icy, compic.<iry, the Owner's schedule, or the method of bid matters, including chose in question bcc . ire Owner and ding or negotiating and contracting for construction,except for Concraczor, except for cho g co aesthetic cffccc as pro- services required under Subparagrph 5.2.5. vided in Sub o _.6.17, shall be subject to arbitration is 3.3.3 Preparing Drawings, SQccificalions and echo docurncn- cation and supporting dam, evacuating COnccacror'S proposal, and providing ocher scr+iccs in connection with Change Orders and Construction Change Directives. ARTICLE 3 3.3.4 Providing ser-'ices in conncccion with evaluating subsci- ADDITIONAL SERVICES cucions proposed by the Contractor and making subscqucnc revisions co Drawings,Specifications and other documcncacion 3.1 GENERAL herein resufcing therefrom. 3.1.1 The services described in this Arci c 3 arc not included 3.3.5 providing consultation concerning ce?laccmenc Of Work in Basic Services unless so identif cdX t =' and they sha!i danagcd by fire or ocher causc during Consccucron, anal fur be paid for by the Owner as provided in this Agxcmcnc, to nishing services rcquircd in conncccion with chc ce?laccmcnc addition CO the Compensation for Basic Servics. The sc^-'ices Of such Wor`.<. described under Paragraphs 3.2 and 3.4 shall only be provided if authorized or confirmed in writing by chc Owner- If services 3.3.6 Providing sir-'ices made necessary by chc default of chc described under Contingent Additional Services in Pangrsph Conccacror, by major defects or deficiencies in chc Work of chc 3.3 ace required due to circumstances beyond chc Architect's Contractor•or by failure of performance Of cichcr chc Owner or Control, the ACChiteCt shall notify chc Owncr prior co cOm- Concracror under chc Contract for Construction. meriting such 5ervices. If the Owner deems chat such services 3 3 7 providing services in evaluating an extensive number or described under Paragraph 3.3 are not required, chc Owner claims Submitted by chc Contractor or Ochcrs in conncccion shall give prompt written notice co the Architccc. If the Owner with the Work. indicates in writing chat all or pact of such Contingent Addi- tional Services are not required,chc Architccc shall have no obli- 3.3.8 Providing scr-'ic:s in conncccion with a public haring, cional e provide chose services. acbicracion orocccding Or legal proceeding exec?c wC.ere chc 3.2 PROJECT REPRESENTATION BEYOND BASIC Architccc is party chcrcc0. SERVICES 3.3.9 P.--paring doeumens foe attcmate,seoance or sequential bids or providing services in connection with bidding,ncg0tia- 3.2.1 If more extensive representation at chc sicc than Is cion or construction Orior co the complecon of tine CDn5in1C described in Subparagraph 2.6.5 is rcquircd, chc ArChicecc shall cion Documcncs Phasc. provide one or more Project Rcorc5cruacivc5 to asssz in Carry• _ ing out such additional on-sicc res00n5ibiticics. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Rcpresencacives shall be Sciccccd. employed and 3.4.1 Providing a:.a1y5CS of the Owncr'5 needs and direcccd by the Architect, and the Architccc shall be comoen- Ming chc rcquirer„tics Of the Project. sated chcccfor as agreed by the 0 -ncr and Architccc. The duties• responsibilities and limitations of authocicy of Projecc 3,4.2 Providing financial feasibility or ocher SOecal Studies. Representatives shall he as described in chc edition of ALA 3 4.3 Providing planning surveys, site evaluations or corn. DOcumcnt 8352 Current as of the date of this Agreemcnc,unlcss 3.4.3.vc Providing studies of prospective vices. otherwise agreed. ales DOCUMENT 614t • O\X/NER•.�RCH1TKT.>GR`-E>t=VT �O(IU'- W,W.{5 INGTCN'O.C..200Cc7 6111 1957 THE.NNtERICAN INSTITUTE OF,ARCHITECTS. 1 735 HEv YO-_”{yE�U"N. 3.4.4 Providing special surveys, criVironmenol studies and 4.2 The Owner shall establish and update an overall budget for submissions rcquired for approvals of govcrnmcncal auchoricies the Project,including the Construction Cost,the 0,-rer'5 other or ochers having jurisdiction over the Project. Coscs and reasonable contingencies rclaccd to all of chrsc costs. •3.4.5 Providing services relative to f cure facilities, systems 4.3 If requested by the Architect, chc Owner shall furnish c.,i- and equipment. dence that financial arr:umgcmcncs have been made to fulfill the 3.4.6 Providing services to inestigace exiscing conditions or Oct•ncr's obligations under this Agreement. facilities or to make mcasured drawings thereof. 4.4 The Owner shall dcsignate a represcncaci%•c auchorizcd co 3.4.7 Providing ser-iecs to verify the accuracy-of drawings or acc on the 0,-ner'5 behalf with respect to the Project. The ocher information furnished by the O,•ncr. Owner or such authorized representative shall render decisions in a timely- manner pertaining cc documents s.tbmiued by chc 3.4.8 Providing coocdinacion of construction performed by Architect in order to avoid unrcuonablc delay in chc ordcriv separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's stn ices. nation of sir ices required in connection with construction 4.5 The Owner shall furnish surveys describing physical performed and cquipmcnc supplied by chc Owner. ehaneceriscics, Icgal lirlicacions and utility locations for the site 3.4.9 Providing sir ices in connection Rich the work of a con- of the Project, and a written Icgal dcscripcion of chc sicc. The scruccion rniniger or sepnracc consultants recaincd b% chc sure}-s and legal information shalt include, as applicable, 0%vner. grades and lines of succcs, alleys, pa,:emcncs and adjoining 3.4.10 Providing detailed estimates of Construction Cost. pcopect} and structures; adiaccnc drainage, rights af•,a}, rescricaonu, casennenu. encroachments, zoning, decd rescric- 3.4.11 Providing detailed quantity surveys or inventories Of cions, boundaries and contours of the sicc, locations, dimcn- material, cquipmcnc and labor. cions and neccssury data pertaining cc cxiscing buildings,ocher improvements and crccs; and information concerning available 3.4.12 Providing analysts of owning and operating costs. utility services and lines, both ublic and rival y p p c, above and 3.4.13 Providing interior design and ocher similar sen-iccs bclow grade, including inverts and dcpchs. All chc information required for or in connection with the selection, pcocuremenc on the survey shall be referenced to a Project: benchmark. or installation of furniture, furnishings and rclaccd equipment. 4.6 The 0,-nec shalt furnish the services of gcotechnical engi• 3.4.14 Providing services for planning tenant or yenta!spaces. ncers when such services arc requested by chc Archicccc.Such 3.4.15 Making investigations, inyencares of materials or equip sera; but arc may include bu arc noc limited cc test borings, test pits, determinations of soil bearing values, percolation rests, mcnt, cc vmluacions and decayed appraisals of cxscng facilicics. cv—.d Cations of h' rdots materials,ground corrosion and resis- 3.4.16 Preparing a sec of reproducible record drawings show- tivicy tests, including necessary-operations for anticioncing sub- ing significant changes in the Work made during construction soil conditions, with reports and aooropriatc professional based on marked-up prints, drawings and ocher dnca fucnis"%d rccornmcndacions. by the Contractor to the Archicccc. 4.6.1 The Owner shall furnish the sen•iccs of ocher consul- 3.4.17 Providing assistance in the ucitiz-icion of equipmenc Or cants ,-hen such services are reasonably rcquired by chc scope systems such as testing,adjusting and balancing.prcparacion of of the Project and arc requested by the Architecc. oocration and raincen'nce mantunl;, cmining personnel for 4.7 The Owner shall furnish scmicturnl, mechanical, chemical, opecacion and maincettanec,and c0nsultar,Or,during Operation. 'tic and nicer pollution cescs, ce5cs for h:inc-dou5 m-acerials, and 3.4.18 Providing ser•tces after issuance CO the O,'ner of the ochcc lahoratoc-v and cnvicom-ricnml tests, inspcccions and final Certificate for Pay mine, or in the absence of a final Cer• rcoores rcquired by la,•or the Concracc Ducunicncs. cincace for Paymenc, more ch-in 60 duy�.after the date Of Sub- scancial Completion of the NC'ork. 4.8 The Owner shall furnish all legs!,accounting and insurance counselin¢ services as mn• be nece55nn aE -.In- time for Eric 3.4.19 Prop iding services of consulcttu� for ocher thin ncchi- Projecc, including auditing services the 0%vncr ri:n• require ro ccccucal, structural, mechanical and cleccricaj engineering por- verify chc Contractor's Applications for P:tymcnc or cc asccrc:;in cions of the Project provided its a pnrc Of 8:uic Scn•ices. ho-,,.-or for whac purposes the Concrtccor ha used chc money 3.4.20 Providing any ochcc services noc ochcr-isc included in paid by 0c on behalf of chc ORncr. this Agrecmcne or noc cuscomarily furnished in actor dance 4.9 The services, information,surveys and reports requir_d by' Rich generally accepted archiceccural pntccice. Paragraphs 4.7 through 4.8 shall be furnished nE chc 0,'ne.`5 expense, and the Architect shedl be entitled c0 rely- upon chc accucncy and comoleceness thereof. ARTICLE 4 4.10 Prompt %-ricczn notice shall be gircn by the On nee to chc Architecc if chc Owner becomes n«•are of any Etulc or defect in OWNER'S RESPONSIBILITIES chc Project or nonconformance Rich the C=ct ucc Dccucnens. 4.1 The Owner shall provide full informnciOn regarding 4.11 The proposed Iangua;e of certific:ue5 or ccrticications requirements fur the Project, including a pcogrnm which shall rcqucsced of chc architect or Architect's cunsulmnts shall be sct forth the Owner's objectives,schedule, construn:s and cri- submitted to the Architect for review and appco%°a.' ac lc-L5, 14 feria, including spacc requirements and rclaciOn_rtins, tl;xi• days prior to execution. The Owner shall noc rcqucsc cerciticn- bilicy, expandability, special equipmenc, systems and site runs chat would require kno%,dedgc or services bet•Ond the rrquiccmcncs. scope of this rlsccemenc. AIA DOCUMENT 8141 OWNER-ARCHITSCT AGREEMENT • FOURTEENTH EDITION • ALA° �IJS7 5 B141-1987 TIIE A>IE21CAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK A\•ENCE.NAV..WASHINGTON.D.C.'-ecru WARNING:Unlicensed pyotecopying vlolates U.S.copyright lays ind Is subject to legal prosecution. .3 if the Project is abandoned, terminate in accordance ARTICLE 5 with Paragraph 8.3; or CONSTRUCTION COST .4 coopec-ace in revising the Project scope and quality as required to reduce the Construction Cost. 5.1 DEFINITION 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4• 5.1.1 The Consraiction Cosc shall he (he 10(11 cost or esci- the Archiccc(, without additional charge,shall modi y the Con• maccd cost (o (hc Owner of Ill elemcn(s of(he Projccc dcsigncd tract Documents a5 necessary to comply with the fixed limit, if or spccificd by the Archi(cc(. established as a condition of this Agreement.The modification of Con(r3cc Doeumcn(s shall be the limit of the Architect's 5.1.2 The Construction Cost shall include the cost 31 current rats ontibiliry arising out of the establishment of a fixed limit. market races of labor and materials furnished by the Owner and The Architect shill be out of d to compensation in fixed li it. equipmcnc designed, spccificd, selected or specially provided a,ith this Agreement for all services performed a�hc(her or not for by the Architect, plus a reasonable allowance for the Con, the Construction Phase is commenced. tractor's ovenccld and profit. In addition, a reasonable 111Ow ante for contingencies shall be included for market conditions ac (he time of bidding and for changes in the Work during ARTICLE 6 COnscruccion. 5.1.3 Construction Cost does not include the Comper.s:cion of USE OF ARCHITECT'S DRAWINGS, (he Architect and VChiccCc*s Consulancs, the Costs of the land. SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other Costs which ace the respon 6.1 The Drawings, Spcciftcations and other documents prat• sibilicy of the Owner as provided in Arlicic 4. pared by the Archilccc For this Project are ins'rumcnt5 of t:tc 5.2 RESPONSIBILITY FOR CONSTRUCTION COST Architect's service for use solely with cesocct Co this Projccc 5.2.1 Evaluations of the Owner's Project budget, prcliminary and, unless ochcrw•isc provided, the Architect shall be deemed the author of these documents and shall retain 311 common law, estimates of Construction Cost and detailed estimates Of Con- statutory and other reserved rights, including the Copycithc. slruction Cost, if any, prepared by the Architect. represent the The Owner shall be permitted co retain conics,including cc pro- Architect's best judgment as a design professional f=amiliar with ducible copies, of chc Architect's Drawings, Soccincacions and chc construction industry. [c is recognized. however. chat nei other documents for information and reference in connection chcr chc Architect nor the Owner has control Over the Cost or with chc Owner's use and occupancy of the Projccc.The ArCii- labor, materials or equipment, over the Ccncrcc(or's methods tea's Drawings, SpcCincacions or ocher docurcncs shall not be of dctcrmining bid prices, or over comoedtivc bidding. ma.:kc, used b the Owner or others On other projects,for addi ions to or negotiating conditions. Accordingly. the Architect cannot Y and does not warrant or represent chat bids Or ne3OCiaccd pc:CCS this Project c i for ce3cd t ion of this Project by others, unless chc Architect is adjudged to be in dcflul(urdcr this Agrec.^.:cnc, will not vary from the Owner's Project budget Or from any cnC in writing and with appropriate comccn estimate of Construction Cosc or evaluation prepared or agreed except by sacion co ch a rcr. c Archicc'c. to by the Archicccc. - 5.2.2 No fixed limit of Construction C05C shall be established 6.2 Submission or dscribucion of documents to meet of::ci11 as a condition of this Agreement by the furnishing.proposal or regulatory rcqu;ce:nene5 or for similar purposes in c0nr.ecz:on csrblishment of a Project budget, unless such fixed Jim, has with the Projccc is not to be construed as cubiica(ton in dcraga- been agreed upon in writing and signed by the parties hcre'o' If cion of the .-.rc,.iccet_t reserved rights. such a fixed limi( has been established, the Architect shall be Qcrmiucd to include contingencies for design, bidding and price escalation, to determine what materials,equipmcnc,cam• poncnc systems and types of construction are cc be included in ARTICLE 7 the Contract Documents, to make rcrsonablc adjuscmcrnts in ARBITRATION the scope of the Project and to include in (he Contract Docu- ments alternate bids to adjust the Construction Cost cc(tic fixed [in, ic. Fixed limits, if any,shall be incre—ased in the amount of an 7.1 c-a=;nz, _- -- a,;e- �~ - incrcasc in chc Contract Sum occurring after execution of the parties to this Agrc-^cn(arising out of or refacing(o this a "e Contract for Construction. merit or breach thereof shell be subject to and decide v acbi- crtion in accord_=cz with the Construction Ind' cy A:btcra- 5.2.3 If the Bidding or Negocia(ion Phasc has not cemmcnccd cion Rules of the .kmcncan Arbitration Assocr n curently in within 90 days after the Architect submits the COcrscrucdon effect unless chc pa: ies mutually agree oth i5c. Documents to the Owner, any Projccc budget or fixed limit of Construction Cost shall be adjusccd co reflect changes in the 7,2 Dcmand for arbitration shall be cd in writng wick the gcnerll level of prices in the construction industry bccwccn the ocher party to this Agreemcnc with the Arc.^.can A:bicra- . 4. dace of submission of the Construction Documcnrs cc (he cion Association. A demand fO rbitracion shall be made Owncr,and the dace on which proeosal.s are sought. a reasonable time a:.er c claim, disoucc or oc;,er m1''cr to 5.2.4 If a fixed limit of Construction Cost (adjusccd a; pct- question has arisen.1C1 event shall the dc.^,.y,d foe�b:(rat:On vidcd in Subparagraph 5.2.3) is exceeded by the lo�cst bona be made after thcc when ins(itution of !(gal Or equ"abk fide bid or negotiated proposal, the Owner shall: 4 esuon -0 d be bared by the ppkcablc sCscuces of's a ors .1 give written approval of an increase in such fixed 1 7.3 N arbitration arising out of or relating to this ASrc=TcnC limit; .2 authorize rebidding or renegotiating of the Project sh �ndude,by consolidation,joinder or in any ocher ma;,nc ; within a reasonable time; AI,> t?OCUMENT 8111 OWNER-ARCHITECT AGREEJIENT FOURTEENTH EDITION 'u•,' 198- 614 1'_1 9 5 6 THE AMERICAN INSTITUTE OF ARCHITECTS.1735 vEW YOR\AVENUE.N.W., v.k51Jl,IGTC) O.C.'_CCCo ___... �inlates U.S.coeyright law>and is autlec'to legal prosecution. �i J Ic an this Agreement signed by the Owner,Architect,and an cr Additional Services earned to date if �� acion person or entity sought to be joined. Consent to icracion occurs during the Design Dev nc Phase; or involving an additional person or entity shall oc constitute .3 Five perccnc of compensation for Basic and conscnc to arbitration of any claim, disput r ocher meter in Addi I enviers tamed to date if ter mination question not described in the written sent or with a person or entity noc named or described rein.The foregoing agree- mcnc to arbicracc and other ^ cements to arbicratc with an - additional person or encic, my consented to by the parties to ARTICLE 9 this Agrccmenc shall specifically enforceable in accordance with applicable l in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The and rendered by the arbitrator or arbitrators shall be 9.1 _ . _ r this Agreement shall be gov. final, d judgment may be encercd upon is in accordance with ,�, � erred by the law of the �, �� .�.> , e 9.2 Terms in this Agrccmenc shall have chc same rrlCal rag as chose in ALA Document A301, General Conditions of The Con- ARTICLE 8 coact for Construction,current as of The dacc of this Agrccmenc. TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of acron betwccn the parties to this A3r:cr,cnc percaining to acts or f^..ilures co act shall be deemed to have 8.1 This Agrccmenc may be terminated by either parry upon accrued and the applicable statutes of limitations shall com• not less than seven days' written notice should the ocher party mcnce to run not lacer than either the date of Substantial Com- fail substantially to perform in accordance with the cenns of This plecion for acs or failures To act occurring prior to Substancial Agrccmenc through no fault of the parry initiating the ccrminauon. Completion, or the dace of issuance of the final Ccrtiftcacc for 8.2 If the Project is suspended by the Owner for more than 30 Paymenc for acs or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for set- Completion. vices performed prior to notice of such suspension.When chc 9,4 The Owner and Architect waive all rights against each Project is resumed, the Architects compensation shall be equi- ocher and againsc the contractors, consultants, agents and ably adjusted to provide for expenses incurred in the irate cup employees of chc ocher for damages,buc only to the extent cov- cion and resumption of the Architect's services. Bred by property insumce during construction, cxccpc such 8.3 This Agreement may be terminated by the Owner upon rights as They may have To the proceeds of such insuranc:as sec -noc less than seven days' written notice to the Archicccc in The forth in the edition of:La Document A201,General Conditions event chat the Project is permanently abandoned. If chc Project of the Contract for Construction, current as of the dace of this is abandoned by the Owner for more than 90 consecutive drys, Agrccmenc.The Owner and Architect each shall requir:similar the Architect may terminate this Agreement by giving wn(cen waivers from nmeir contractors, consultants and agents. nonce. 9.5 The Ocvncr and Architecc, c:spectively, bind chcnsclves, 8.4 Failure of the Owner to make payments to chc Architect in their partners, successors, assigns and legal repcc5cncacive5 TO accordance with this Agrccmenc shall be considered substantial the ocher party to this Agrccmenc and To the partncrs, succes- nonperform�nce and cause for termination. sors, assigns and legal ccpresencacives of such ocher part'wich respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner fails to make payment when due the Archi- Architect shall assign This Agreement without The wciren con- tcct Foc services and expenses, the Architcct may, upon scnt of the ocher. days'written notice to the Owner,suspend performance of sic- iced a vices under this Agreement. Unless pavmenc in full is revived 9.6 This A3rcemcnc r:prescnts the entire and incc3ra g. by the Architect within seven days of the dace of the notice,the 'mcnc becwc:n the Owner and krchicect and supersedes all suspension shall take effect without further nocicc. In The cvenc prior negotiations, cepresencacions or agreemcnts, richer wric- of a suspension of services, the Architect shall have no liability ten or oral. This Agrccmenc may be amended only by wria:n to the Owner for delay or damage caused the Owner because instrument signed by both Owner and Architect. Of such suspension of services. 9.7 `lochtng contained in this Agrccmenc shall creacc a c0ncrac- 8.6 In the cvenc of termination not The fault of The Architecc, cual rclacionshic with or a cause of action in favor of a third the Archicccc shall be compensated for services performed prior party against either the Owner or Architect. To termination, cogecher with Reimbursable Expenses chcn due 9.8 Unless ochcr-visc provided in this Agrecmcnt,the Architcct and all Termination Expenses as defined in Paragraph 5.7. and Architect's consul=Cs shall have no responsibility for the discovery, presence, handling, removal or disposal of or cxpO- Bsic and Additional Services and include expenses tch arc sure of persons to harrdous materials in any Format ct•.c PrOjcct dir:aly attributable co termination.Terminaci xpenscs shall ace, including but roc limited to asbestos, asbaces pcodus, be computed as a percentage of The compcssa[iOn For polychlorinac:d biphcn}'t(PCB)or other toxic subs ice;. Basic Services and Additional Serv' seamed co chc Tine OF cer- 9.9 The Architecc ate l have the right TO include rpres nr minacion, as follows: cions of chc design of the Project, including photographs of the .1 Twencv rcenc of the Total Compensation for Basic exccrior and interior, among the Architect's prom0610nal :nd ddicional Services tamed to dace if termination professional macerials. The Architect's mzcerials sha11 not occurs before or during the predesign,site ariaIYsis,Or include The Owner's confidential or proprietary infot alien it The Owner has previously advised the Architect in wricing of AIA DOCUMENT 8141 OWN`-R•ARCHITECT AGREEME.Yr • FOURTEENTH EDITION • AL{' •v 19S% 7 B141-1987 THE A.MERIGAN INSTITUTE OF ARCHITECTS, 1735 NENr YORK AVENUE,N�.,WASHINGTON,D C.'_T w WARNING:Unllcensed photocopying violates U.S.copyright laws and Is subject to legal prosecution. the specific infor"I Ilion cunsidcrcd by the Owner to be cullft• 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide Profesiiona 1,In i credit for the Architect an the cot utcuccion sign anct in the Pro elation-.d materials for the Project. 10.3.2 Subsequent paynicnts for 0-.tsic Scr-ices shall be made niontht} 2nd, nvhcrc applicibte, shall be in propoctiun to scr- vices Performed withict rtcll phase of service.an the b:t;is sct A, RTICLE 10 furcll in SuhPartgmph.11.2-2. PAYMENTS 70 THE ARCHITECT 10.3.3 if and to the extcht chat the tulle initiulh•cstibiiahcd ill S1.11731-magniph l I.i.1 of thin Agrct:nlcnt is cXCLvdt7d or Cxtcnciczi 10.1 DIRECT PERSONNEL EXPENSE tilruttgh tut fault of ehe Architect, conlpcnsution for any scr- ices rendered duneg the :ulditiunal period of time shill he 10.1.1 Direct Personticl Expcnse (s clefinecl :u the direct computed ill cite Manner set forth In Suhpangrlph t 1.3.''. salaries of the Architect's personnel engaged Un the Project and 1 I ' o en;:u on L; b:ucel on a peren2ge 0C Colt- he portion of the cost of their mundatu� :nd Ctuconl:tr? 10. . \ Irlhutions and behetits related thereto, such :u cntptu}•mcill ,crtictiun Cuss :1116 :uly purtiuns of the Project 2rc deleccd ur I:Ixcs and ocher statutory clliplthee benefits,II insur.mcc, Sick otherwise not constructed,cunipen;:uiun fur chose porcioIu nl the Project :h:dl he p,a}:tUle to tilt extent scniccs are per• Irate, h�)litkt}'s, v:i�:uiun, Itetuinns and Sinlitar cctntributiuu: G,rmcd an those pureiuns, in:tccord:utce with flu schedule sec and heneCits. (aril in Subparugrtph 1 1.2',base\(nn(1)the lun'ci c bums title 10.2 REIMBURSABLE EXPENSES hid ur ne_,tni:ucd prnpu,:ti, or(?) if nu such bid or pcupxls;tl u rcccivcd,(Ile coot rccctlt Prcijnlirl:try cslpnl2tc of Cutucructiun Cost or detailed c�citil3ce of Curlscntctiotl Cast roc such pur- 10.2.1 Rcinlhunable Eepcnsrs are in additjun to colilplctls•'t tiott; of the Project. butt fur Uasic and Additional Services and include cx(ten;cs incurred by the Architect and Architect's emplu} l t and con- Suit:uus in the itltcresc of the Pnljccc,:L;identiticd ill the l'olinty• 10.4 SERVICES S ON ACCOUNT OF ADDITIONAL ing Clauses. 10.2.1.1 Expctlse of trinsportatioll ill C0kIliicdttll(tt uiltoaln Serviccsl'ind for E. ill ll lhbccmadc(nllultuh!} Prujcct: exPrnses Ill conllccuotl tid for sccur• ttpan procnt:ttiue of the Archirecc'S st-.tteelcnt of scrt•icu rch•' trit cl: lung-distaticc communi�,lt1(1tu: and tel.'s p: illg upprol:d of tlutharities llavtng jurisdiction aver the Project. tiered or cxperiSCS incurred. 10.2.1.2 LrxPensc of reprothtcciuuls 11tlsrt4c and handling tic 10.5 PAYMENTS WITHHELD p(ta legs, Spt cifie:uians and ithcr docurllcncs• 10.5.1 IN()deductions shall he made(rum tht:Ardiitccf'S a111- 10.2.1.3 !f authorized in athancc b\' dlc O;�ecr• expehse of Pcns:uiun on acc0unc of pen:dt}', liquid:ucd dumag<s or udlcc of rrtimc tvoc•k requiring higher th:u1 regular rues. sums withheld from p:,%Inches to eontmctors.or on account ul the cost t t(ch:Inges in the Cc'ork other than those for which the Architect il:L; been found to be liable. 10.2.1.4 Lxlette of rchderinp:;,nu><lcls:old nulcl:•uils recpucNtcc by the C)wllcr' 10.6 ARC;-IITECT'S ACCOUNTING RECORDS 10.2.1.5 L'xpcnsc at' additional insurtnce crequested tcbly (Ile including profcssionui liability insur.(nce,} �:Onu g tut Add dunaicStcn ices and Sec vices pccfoencd unp tic Owner in excess of that normally carried by Architect and basis of 2 multiple of Direec Pcrsonnct Expen_c;hutl be at ail• Architect's consultants. able to the Oc.-ncr or the Ot�'ner's:uehhrind rc,^.resenrunc ac 10.2.1.6 Expense of Cutilptutcr-;tpticcp dcsi�n and drifting hrtuu:dty cunt•t:nicnt times. rquiptllctlt chile «hen used in eonnectiull with the project. ARTICLE 11 BASIS OF COMPENSATION 1'hc Owncr sh:ll cOnliYCnsacc the Architect a,; follu«'sc Dollars(S I 11.1 AV INITIAL PAYNI ENT of N/A p } shall he made upon cxccudoll of this Agreement and credited to the Chrncr'i account at final 1 'meet. 11,2 BASIC COMPENSATION 11.2.1 [oft BASIC SERVICES,:L;described in r\rtiClc Z.;Illd:111% 0titer Sen'jces included in Arejele (?:u Pare of Brie Sert'jees,U:csic Compeilsudon shall he C0111PUICCI :U (011OWS: t oil's hr rrhrrb/urrtiodrtr rnt•r! rt:u/punfn-,,swi„u u/grh. it (hrst•rr f>,uLs u/ruur(s•rrsu tic rrr, irrihrJiue stiprdum1 snits, undrildes nr(n•r•rt•rNnt,<a•. rurJ idt•.rtr/t•(, • ntti t'JSU�1'.) 150 A fixed fee of �SfZv� as outlined in Article 11.2.2 A(;IIt E!•If•.NI'• fUt1M17C:F:NTII Ev.kSHIN •AIA' • OIV++7 8141-1997 8 W YUNK A ENUI~N W-•lv�SH1NG70N.D.C.2:ti aG AIA DOCUMENT 8141 O�'NEIt•,tll(.IIMT1:(:I TI IF A.ME1lIC:AN INSI'll'UTE aF A1tt:1117L' YS•1735 NE WARNING:Unlicensed phcteeopying violates U.S.copyright laws and Is subject to legal prosecution. 11,2.2 Where compensation is based On a Vipulaccd sum or percentage of ConscruCClOn COSC,progress p3ymcncs for Baic Sr,:iccs in each phase shall total chc fuilo-ing perceneagcs of chc total Basic Compcnsacion payable: (l,tsert aeldiuoned Phases U appropriate.) r , Schematic Design Phase_.. . •... Design Ocvclopmcnc Phasc: (including Eield uOr'.<) 107 520 Construction Oocumcncs Phase: 307' 1 ,560 • ' Bidding or N 507 2,600 cgociacion Phase: 107,/ 520 Cornscr,iccion Phase: Tocal Basic Compcnsacion: one hundred perccnc(100%) 5,200 11.3 COMPENSATION FOR A001TiONAL SERVICES 11.3.1 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as dcscribcd i, Pa:_gnoh 3.2, compcns:cion sh=11 cc com• puced as foito-s: Not to exceed $500 11.3.2 FOR AOOITIONAL SERVICES OF THE ARCHITECT, as described in Arcictes 3 and 12, oclic: than(I)Additional ?mitt. RcprC5Ct1c3Ci0n. as described in Paragraph 3.2, and(2) SCrVICeS included in Arcictc 12 as part of Basic Services, buc excluding icrViccs of consultants, comQcnsacion shall be comoucec as fullon's: (l,rfrrr htni:r j cn,..Pr,r<otiwr. btdudi,19 rarr>arrr!!ar oudpPles If lJir;C:Penns+rr lrv.rar'r`arrnrrlapPlr tf�r n >.reco', card icle,ui�{'YrhrCiPrli mrt(CRriSify r,r,/rint'rt's. iJ rt'[/ni�rCl hk•,rtily sp,-vific errt'ic[t+to which Paerieular-0,11),W.i of C prr> AdditionaL Services to be p_o-- r_i0-med by the ARCHITECT 5:,SLL not be pe:--Far led Gi[i.auC Wrltcen approvaL by the O("NC.R Lrdar Such tetras and CO:C'_t?On5 as may be agreed by the parties hereto . 11.3.3 FOR AODMONAL SERVICES OF CONSULTA:`iTS, inctuding addition=t scructuc!. rncch3nical and cicccrical cn3i.^,r:in3 services and chose providcd under Suboargnoh 3.1.19 or idencificd in Artic:c [Z as teat of Additional Sc^acts, a Ctulci?1c of /•/ cimcs chc amounts b[llcd co chc Archiccct for such scrviccs. (ldWrt aft'ipcCifiC h'pvs of Cn,rsu(tcurts irr 4,ric(r !2. if rrljwrrdj 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSABLE EXPENSES,is dcscribcd in Paragnoh 10.2,and am'oche:iccls included in Arcictc 1 Z as Rci^bu s-bit Expcnscs,a multiple of one and one—tenth cures the exec^scs incurccd by chc Archicccc,chc�_c•^•:c'•C s cmoloyccs and consultants in chc inccresc of chc Pcoiccc. 11.5 AOOITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES cOvc:cd by this A3cccrncnc have not b(:cn cocolctcd -;Chin twelve ( 12 )months of chc dart hoof,chrau3h no fault of chc.Lechicccc,cxccnsion of c~c A:ChiC=:S scn-iccs bcycnd c�,:c comocnsaccd as orovidcd in Suboin3nphs 10.3.3 and 11.3•2• 11.5.2 Paymcncs are duc and oayablc thirty ( 30 ) dz'(s :orr chc d"-"c of chc .Lchitcc:'s =•'otc Amounts unpaid thin ( 30 )days at cr chc invotr_dace sail b ar inccrest ac chc ncc cnccrc=bcio�,er in chc absence thereof ac chc lega ncc prevailing from dmc co c!mc :u chc Qr,r.c:o,� plat_ of business of chc ArchicccC. (lnserr rate of intrresr agrerd trpnn.) r-,•c:iiOrt. Specific,!c a(CdViCe sbOC,a a 000.::n+:(:Ca.i (Usury far+s and requirerrterrrs turder the Fedz*al rr'rs in C ceding aC,similar Starr mui loon(co _:,trr errdir:::_7 and orhrr regulariorts at the(,1, ;a"=•a'V-r' trey's pri,Cipal Paces of hr.Siness, rhr location of r.Se Proleer and else.?err may ajfxr do t a(idi;;of chit p 3 ref0ecr to delerions Or mOdrfication s. anr(a('0 rryardirtg reQurrer+rew(s i�G7 C'-f rt.rrtMr diic(Oiunf Jr ti'aic'r:.J ttENT 91 1 OWNER ARCHI'ECT AGR--`i-NT • FOURTEENTH ECITICN •AU' Ala CCCU• 1 9 8141-1987 THEA�IERICANINSTiTUTEOF ARCHITECTS. 1735. YOR\.>`vENUE.N.`s••..WASHINCT .r,C.'CCo 11.5.3 The raccs and muleiplcs scc forth for Additional Scrriccs shalt be annually adjusccd in accordancc with normal sal:;/rcric pracciccs of chc ACChiccCt. ARTICLE 12 OTHER CONDITIONS OR SERVICES (lrcre*r ducriFrionr of other sesjiees• ide 617 Addiriortal Services included within Basic Compemcsurion and medi/iccrio•cr to the payment arG comprn;er:on r� i,d ' d in This Agree nenfj SG�i C-s•r•=Y•••c. This agreement may be terminated in the so Le discretion of OVNER after the phase as provided herein has been compLeced upon seven (7) days c-ritcan notice. p.R T TCLE 13 The terms of this agreement shaLL be saverabLe. In the e-•lent any of the terms or provisions of this agreement shaLL be deemed to be void, c: ocheruise une..:orcaa�L? far any reason, the remainder of this agreement shaLL re^ain in fuil force and efts"etc . ARTICLE L4 This agreement shaLL not be construed so as CO create a partners[Lip, JoInt venture, employ-ment or Other agency relationship between the pa_c_es hereto, except to the extent spacificaLly provided for herein- This A3rccmenc enccred into as of chc daY ynd Y'r Firsc wricccn abovc. OWNER THE CITY OF FT.(:iy ($ignct:re) ' Joyce A. Parker, City MANAGER (F4 'nlad name and cirla) CAUTION: You should sign an original AIA document whit` has this caution prince" in red. An original assures that changes will not be obscured as may occur when documents are reprodt2ced. AIA DOCUMENT 8111 OW?+ER A3CHITcCT AGREEMENT ° UZT°_E +TH EDITION V c N.W.WASHING . •D C. ZcccC S1 I I'I-I 1� �C V — City 9 of Elgin I n Agenda Item No. May 4, 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Architectural Services for a Facade Improvement Project -122 South Grove Avenue PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider an agreement for architectural services for a Facade Improvement Program project at 122 South Grove Avenue. BACKGROUND Upon receipt of an application for Facade Improvement Program participation for the property at 122 South Grove Avenue, a Request for Proposal was sent to firms to provide architectur- al services. Under the Facade Improvement Program, architec- tural services are paid by the City. Services include de- sign, cost estimates, preparation of construction documents, assistance with bidding and construction oversight . The property owner proposes to clean and tuckpoint the exterior brick finish, replace bricks, as required, on the north elevation and replaster, where required, paint and modify exterior signage. The architect will work with staff and the property owner, Clifford Heaverly, to develop the building design. Further services provided will be contingent upon City Council approv- al of the project and a Facade Improvement Program Agreement being executed. Four 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 Dahlquist & Lutzow Architects, Ltd. , Elgin, IL. The architect is acquainted with the City' s Facade Improvement Program. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None. y Facade Improvement Program - 122 South Grove Avenue May 4, 1999 Page 2 FINANCIAL IMPACT The fixed fee for providing the architectural services associ- ated with a facade project at 122 South Grove Avenue is $5, 200, plus $500 for reimbursables. Sufficient funds for this expenditure are available in account number 350-0000-795 . 78-99, Downtown Redevelopment Fund, Rehab Grants . LEGAL IMPACT A contract will need to be prepared. ALTERNATIVES 1) Approve the proposal by Dahlquist & Lutzow to provide architectural services for a facade improvement project at 122 South Grove Avenue. 2) Reject the proposal by Dahlquist & Lutzow to provide architectural services for a facade improvement project at 122 South Grove Avenue . RECOMMENDATION It is recommended that the proposal by Dahlquist & Lutzow for architectural services, at a fixed rate fee of $5, 200, plus $500 for reimbursables, be approved. Re ectfully submit d, Jo e A. Parker Q City Manager RHM:amp Attachment t ARCHITECTURAL SERVICES FACADE IMPROVEMENTS - 122 S GROVE TABLULATION OF BIDS CITY OF ELGIN Dahlquist&Lutzow The Durrant Group Miniscalco Architects Ltd Berna Architects 462 N McLean Boulevard 214 West River Drive 116 W Main St#206 &Design Invitation No: RFP#99-037 Elgin, IL 60123 St Charles, IL 60174 St Charles, IL 60174 221 DuPage Street Date of Opening: 04/22/99 Elgin,IL 60120 Department: Building Properties Item # Description AMOUNT AMOUNT AMOUNT AMOUNT 1 Architectural Services Facade Improvements 122 S Grove Avenue Elgin, IL 60120 $5,200.00 $7,000.00 $7,200.00 $7,480.00 On-Site Construction visits Additional Services Not to exceed$500.00 $85/hr $65/hr Completion days after ARO 6 weeks 3 weeks 6 weeks